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Bill 52, Stopping Illegal Handgun Smuggling Act, 2021

Tabuns, Peter

Begum, Doly

Berns-McGown, Rima

Morrison, Suze

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Status

Debates

Original

Bill 52 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Stopping Illegal Handgun Smuggling Act,

2021 . The Act requires the Minister to develop an illegal handgun

litigation plan in consultation with specified communities and professionals. In

developing the plan, the Minister is required to undertake research on various

matters, including the entry of illegal handguns into Ontario and the grounds

for bringing legal action against gun manufacturers that manufacture handguns

in the United States of America. Depending on the results of the research, the

Minister may be required to take steps to commence such legal action and, if

the Minister considers it in the public interest to do so, to develop

legislation.

Bill 52 2021

Act to enact the Stopping Illegal Handgun Smuggling Act, 2021

Preamble

Handgun

crime is a real and growing problem across Ontario. The availability of illegal

handguns has led to many tragedies across the Province. These illegal handguns

manufactured in America show up on Ontario streets leading to gun and gang

violence. In 2018, approximately 70 per cent of all guns seized by the Toronto

Police Service were sourced from the United States of America.

Canada

and Ontario spend millions of dollars each year to stop the smuggling of guns

into Canada and to find and seize illegal guns already in the country. The

Mexican government is presently engaged in legal action against American gun

manufacturers who the Mexican government alleges are knowingly involved in

practices that result in large numbers of guns showing up in Mexico despite the

aggressive gun control regime in that country. If similar practices are feeding

the smuggling of handguns into Ontario, the Government of Ontario should

consider following the example of the Mexican government.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Interpretation

this Act,

“Minister”

means the Attorney General or such other member of the Executive Council as may

be assigned the administration of this Act under the Executive

Council Act .

Illegal

handgun litigation plan

(1) Within

one year after this

section comes into force, the Minister shall develop an

illegal handgun litigation plan to stop illegal handguns from entering Ontario.

Contents

of the plan

(2) The

plan shall include the following:

1. The

results of the Minister’s research and investigations under

section 3.

2. The

Minister’s plan to stop illegal handguns from entering Ontario.

Consultation

(3) In

developing the plan, the Minister shall consult with,

(

a) communities

affected by illegal handguns;

(

b) the

legal community involved with any litigation against manufacturers of tobacco

or pharmaceutical products; and

(

c) law

enforcement and border security professionals.

Publication

(4) The

Minister shall publish the plan on a Government of Ontario website.

Research

re illegal handguns

developing the illegal handgun litigation plan, the Minister shall undertake

research and make investigations respecting,

(

a) the

entry of illegal handguns into Ontario and the sales of such handguns within

Ontario;

(

b) approaches,

including litigation approaches, to address the entry of illegal handguns into

Ontario;

(

c) the

grounds for bringing legal action against gun manufacturers that manufacture handguns

in the United States of America; and

(

d) the

likelihood that such legal action would compel the gun manufacturing industry

to make changes that would lead to greater protection for Ontarians.

Legal

and legislative action

If the

Minister determines that legal action against manufacturers of handguns is

reasonably likely to compel the gun manufacturing industry to make changes that

would lead to greater protection for Ontarians, the Minister shall,

(

a) take

steps to commence such legal action within six months after the illegal handgun

litigation plan is developed; and

(

b) develop

legislation respecting the legal action, if the Minister considers it in the

public interest to do so.

Report

(1) Within

six months after the illegal handgun litigation plan is developed, the Minister

shall prepare a report on the plan and table the report in the Assembly.

Same

(2) The

annual report required under subsection (1) shall include,

(

a) if

the Minister determines that legal action against manufacturers of handguns is

reasonably likely to compel the gun manufacturing industry to make changes that

would lead to greater protection for Ontarians, information about the

Minister’s strategy for such litigation; or

(

b) if

the Minister determines that legal action against manufacturers of handguns is

not reasonably likely to compel the gun manufacturing industry to make changes

that would lead to greater protection for Ontarians, the reasons the Minister

made this determination.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Stopping Illegal

Handgun Smuggling Act, 2021 .

Date Bill stage Event Outcome Committee

December 8, 2021

Second Reading

Vote

Lost on division

December 7, 2021

Second Reading

Deferred vote

December 7, 2021

Second Reading

Debated

November 18, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

November 18, 2021

Committee

Second Reading

December 7, 2021

Mr. Peter Tabuns, Ms. Suze Morrison, Mme Lucille Collard, Ms. Rima Berns-McGown, Mr. Faisal Hassan, Ms. Doly Begum, Ms. Donna Skelly, Mr. Tom Rakocevic, Ms. Mitzie Hunter, Mr. Bill Walker

Vote deferred.

December 8, 2021

Lost on division.

Committe

Third Reading

Royal Assent

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