Bill C-21

An Act to amend certain Acts and to make certain consequential amendments (firearms)

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

Criminal Code

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the Conservatives' back room is working hard. They have the new spin going on in regard to the whole issue of guns. Wherever they can get personal and start attacking, that is what they are going to do.

That is what we have heard for the last five or six minutes from the member. It is just comments attacking the integrity of the system. I will stand by the RCMP. I support the RCMP. The minister has been very clear on the RCMP, but the member does not let the facts cause issues.

In the legislation, there is the issue of yellow flags and red flags, an area that I think the vast majority of Canadians, and I suspect even some Conservatives, would support. What is the member's opinion on the value of having the red flags and yellow flags in the legislation?

[Chris Warkentin, Conservative, Grande Prairie—Mackenzie, AB]

Madam Speaker, this is a Liberal member again trying to spread information that is not complete. The member opposite knows that the system currently has a flagging system for guns that are legally held. Those people who have gone through robust security checks, those who have gone through training programs, have to relinquish their guns if, in fact, they are flagged. That exists today.

The government can put a new name on the flagging system, or put a colour on it, but the fact is that it exists today, and the members opposite know that they have been playing politics with this entire issue since the very beginning. The member claims that I am making this up or that the back rooms of the Conservative Party are making this stuff up. It is printed in every newspaper in this country currently.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague for his speech.

The government says it wants to reduce gun violence by introducing Bill C‑21, but the Montreal police service tells us that 95% of handguns used in violent crimes come from the black market.

I would like to know if my colleague thinks the government is doing enough to fight violence committed with illegal weapons. Is it doing enough at the borders, for example? Is Bill C‑21 sufficient?

[Chris Warkentin, Conservative, Grande Prairie—Mackenzie, AB]

Madam Speaker, that is the real tragedy, that the Liberals would use the tragedy of the murders of 22 Nova Scotians, innocent civilians in many cases, to advance this agenda. All of the guns that were included in that were illegal weapons—

[An hon. member]

Oh, oh!

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I ruled on this a while ago on the official opposition side. The hon. parliamentary secretary has been in this House for some time, and he knows that he should not be heckling or trying to ask questions while someone is already answering a question.

The hon. member for Grande Prairie—Mackenzie.

[Chris Warkentin, Conservative, Grande Prairie—Mackenzie, AB]

Madam Speaker, that is exactly what has happened. The Liberals have tried to shut it down every time the facts get in the way of their good story, their spin. That is the incredible heartbreak of what they did with the RCMP, where they instructed the commissioner to go out there and release information, compromising an investigation.

In fact, the four guns that were found were illegally owned and had come across the border illegally. That is what we should be tackling. Instead, the Liberals are passing legislation to reduce sentences for people who are trafficking in illegal weapons, and going after law-abiding gun owners.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, we know that in most violence in intimate partner relationships, in terms of murders, there is the use of handguns. I am wondering what the Conservative Party would do, if anything, to put in stricter laws for handguns to make sure that women, in particular, are safer.

[Chris Warkentin, Conservative, Grande Prairie—Mackenzie, AB]

Madam Speaker, my colleague brings up a very important point. I think she misspoke when she suggested that the vast majority of domestic abuse involves firearms. I do not believe that statistic is correct.

I do believe protocols exist for those people who have been flagged as risks, those who have demonstrated a compromised mental capacity and those who have demonstrated that they should not be in possession of a firearm. I believe in and support a flagging system that gets those firearms confiscated from people who have demonstrated that they should no longer have them.

Obviously, we do need to get serious about domestic violence in this country. We do have to get serious about the importation of illegal weapons, and that is what we would like to do on this side of the House.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The question is on the amendment to the amendment.

If a member of a recognized party present in the House wishes to request a recorded division, or that the subamendment be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. official opposition House leader.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I request a recorded division.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Pursuant to an order made on Thursday, November 25, 2021, the recorded division stands deferred until Thursday, June 23, at the expiry of the time provided for Oral Questions.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

moved that Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), be read the second time and referred to a committee.

Madam Speaker, I seek unanimous consent to share my time with the Minister for Women and Gender Equality and Youth.