This bill was previously introduced in the 43rd Parliament, 2nd Session.
Bill Blair Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Joël Lightbound LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness
Madam Speaker, before I begin my speech, I would ask for the unanimous consent of the House to share my time with the member for Oakville North—Burlington.
The Assistant Deputy Speaker NDP Carol Hughes
The hon. member requires unanimous consent to share his time. Does he have that unanimous consent?
Joël Lightbound Liberal Louis-Hébert, QC
Thank you, Madam Speaker.
I will not talk about this in my speech, but I want to comment briefly on what the Conservative Party member just said. One of the important things we are doing with Bill C-21 is increasing maximum penalties for certain offences, such as trafficking and smuggling. We should all keep that in mind as we study the bill.
That said, I appreciate this opportunity to add my voice to the debate on Bill C-21 at second reading. I believe this is one of the strongest legislative packages ever introduced in this country to combat gun violence. It proposes a wide range of measures to help keep people safe and deliver on the firearm policy commitments we made to Canadians during the last campaign.
These measures are urgently needed, because gun violence remains a tragic reality that too often affects our cities and regions. We only have to look at the Polytechnique tragedy, or what happened four years ago at the Quebec City mosque, in my riding, when a killer entered the mosque and murdered six people, leaving many kids fatherless, and injured several others. We must also remember the massacre that happened more recently in Nova Scotia.
No one should have their life cut short so tragically and senselessly in our country. No one should have to live with the pain of losing a loved one to gun violence. That is why our government made it a top priority to protect Canadians from gun violence, including by regulating their use and strengthening Canada's gun laws.
Last May, we took a significant step forward in protecting Canadians by prohibiting more than 1,500 models of assault-style firearms and their variants, which have too often been used in tragic incidents here in Canada and in the rest of North America. The vast majority of firearm owners are responsible and law-abiding citizens, but these powerful and dangerous firearms that we banned on May 1, 2020, were not designed for legitimate activities such as hunting or sport shooting. Rather, they were designed for use on the battlefield and have no place in our cities, on our streets or in our lives.
Bill C-21 goes even further in protecting Canadians. To finish what we started last May when we banned more than 1,500 models of assault-style firearms and their variants, Bill C-21 proposes to amend the Firearms Act to provide a non-permissive storage option to the owners of firearms prohibited on May 1, 2020. That means an owner could choose to keep their firearms but would not be permitted to use them, sell them, give them to someone else or bequeath them. That is far more restrictive than the grandfathering rules that accompanied previous firearm prohibitions in Canada.
According to these rules, grandfathered owners can buy from and sell to other owners who hold the same grandfathering privileges. Some grandfathered firearms may also be authorized for use at a shooting range. None of that would be allowed with respect to the assault-style firearms prohibited last May. They would have to be stored away safely and kept there under lock and key.
This approach would essentially freeze the market for these firearms, while treating existing owners fairly. Over time, the number of prohibited firearms in Canada would decrease substantially, and they would eventually be eliminated. To accelerate that process, and unlike what was done with past prohibitions, the government also intends to introduce a buyback program as soon as possible. Owners who wish to surrender their firearms for compensation as part of that forthcoming program could certainly do so.
It is impossible to know how many people would take the government up on that offer, but it is highly likely that many owners would take compensation in exchange for their firearms. Those who want to retain their firearms as part of a collection or for sentimental value can do so, but as I was saying, they would not be permitted to bequeath them, transfer them or use them.
Failure to comply with those regulations would also result in criminal prosecution. Any prohibited firearm remaining in someone’s possession would, and this is very important, also need to be registered, including those that were previously classified as non-restricted. Regulators and law enforcement would know exactly who the owners are, and where their assault-style firearms are located.
Moreover, owners who choose to retain possession of these firearms would be required to comply with additional requirements. That includes successfully completing the Canadian restricted firearms safety course and upgrading to a restricted possession and acquisition licence, with all the associated fees that would entail.
The requirements I just mentioned, and the permanent inability to lawfully use or transfer these firearms, for any reason, would essentially make those firearms useless. Logically speaking, all of those things would be major incentives to participate in an eventual buyback program.
Removing these powerful prohibited firearms from society is one of the many goals of this legislation. However, it is also important to immediately remove any firearms from potentially dangerous situations, including situations involving domestic and intimate partner violence, an issue that has been compounded by the pandemic. Sadly, there have been too many such incidents in Quebec over the past year. Beyond domestic violence, there are also other situations where a person may be suicidal or has openly advocated hatred or violence against someone.
To respond to these situations, Bill C-21 proposes the creation of red-flag and yellow-flag provisions. These provisions would make it easier for anyone who feels threatened by the presence of a firearm in their home or by an individual who owns a firearm to take action to protect themselves and others.
More specifically, the red-flag regime would allow anyone, not just police, to apply to the courts for an immediate removal of an individual's firearm if they pose a danger.
Similarly, the yellow-flag regime would allow anyone to ask a chief firearms officer to suspend and examine an individual's licence if there are reasonable suspicions that the person is no longer eligible to hold a licence.
I will remind members that these measures build on the amendments made to the Firearms Act in 2019, which establish that a firearms licence applicant's lifetime history of intimate partner violence and online threats are mandatory grounds for consideration in the determination of licence eligibility.
Gun violence continues to be a major problem in our communities. It is important to remember that all firearm tragedies, from the public ones we commemorate to the private ones that occur in the home, create untold sadness and are often preventable. All Canadians deserve to live in a place where they can be safe and secure, and that is the objective of Bill C-21.
As the Prime Minister said, “we need more than thoughts and prayers. We need concrete action.” That is exactly what Bill C-21 proposes: concrete action to stem the tide of gun violence in Canada.
I am very proud to support this bill at second reading, and I hope that my colleagues will do the same so that it can be sent to committee and we can hear what various groups have to say about Bill C-21. For decades now, various civil society groups have been calling for a ban on military-style assault weapons like the one we implemented on May 1, 2020, which will be strengthened by Bill C-21. These weapons were designed for the military and are not appropriate for civilian use. We have seen them used in too many incidents, too many tragedies and too many killings. They were designed for military use and manufactured to be efficient killing machines. They are not used for hunting or sport shooting and have no place in our society because they are too dangerous.
I am proud to be part of a government that, after decades of dithering, finally decided to move forward with prohibiting 1,500 different models of firearms, including the AR-15 and Vz58. This ban essentially froze the market completely as of May 1, 2020, by prohibiting the import, export, use and sale of such weapons.
I would remind the House that the young man who burst into the Quebec City mosque was armed with a Vz58. Thank goodness his gun jammed, but he never should have been in possession of such a weapon in the first place. This is why a ban like the one we proposed on May 1, which is strengthened in Bill C-21, is so important, as are the increased maximum penalties for many trafficking and smuggling offences, and the red-flag and yellow-flag provisions.
I am getting a bit off topic from Bill C-21, but I would also point out the investments we have made to expand our border capacity and dedicate more resources to the community-based organizations working to prevent violence upstream. This is in addition to the resources that have been invested in the RCMP and our law enforcement agencies across the country with programs such as Ontario's guns, gangs and violence reduction strategy.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Madam Speaker, I do not understand why my colleague believes the bill would do anything. We know that 95% of gun crime in Canada is with illegal guns. The Liberals voted against a private member's bill from the member for Markham—Unionville that would have eliminated illegal guns coming into the country. They now have introduced Bill C-22, which would remove penalties for crimes committed with guns. It is clear that criminals do not obey the law.
Why does the member think that criminals will obey this law?
Joël Lightbound Liberal Louis-Hébert, QC
Madam Speaker, I thank my colleague from Sarnia—Lambton. Today is a big day for her because she just became a grandmother. My congratulations, and I am happy to see her virtually.
To answer her question, it is clear that no single measure will eliminate gun violence in Canada. We have to tackle it on all fronts. It is obviously important to take military-style assault rifles out of circulation, but Bill C-21 includes other measures too.
For example, the bill increases maximum penalties for offences related to firearms trafficking and smuggling. It enhances information sharing among agencies such as the RCMP and local law enforcement services. We are also investing in giving the Canada Border Services Agency and the RCMP more tools to fight the diversion, illegal importation and smuggling of firearms.
These measures are all important in this fight. We are acutely aware that no single measure will resolve the situation, so Bill C-21 contributes to all aspects of the fight.
Christine Normandin Bloc Saint-Jean, QC
Madam Speaker, I thank my colleague for his speech.
My question has more to do with handguns. Initially the idea was to delegate this responsibility to the municipalities. Eventually the provinces got involved, since the federal government had stepped back.
In this case, would a single, standard policy be more effective at controlling firearms than some sort of patchwork approach where the rules vary from one place to another or one province to another?
Joël Lightbound Liberal Louis-Hébert, QC
Madam Speaker, that was in fact one of the commitments we made at the request of municipalities across the country. They would like more authority to limit, regulate and ban firearms in their jurisdiction, and that is precisely what Bill C-21 is proposing.
We are certainly listening, and we will always be prepared to work with the provinces, the municipalities and the opposition parties that want to strengthen gun control in Canada, instead of diluting it as the Conservatives keep proposing.
What the Conservative Party is proposing would be a major step backward for gun control. We are always looking for different ways to strengthen gun control. We will work with the municipalities, the provinces and the opposition parties to do that.
Jack Harris NDP St. John's East, NL
Madam Speaker, I know the member wants to remove these dangerous firearms from society, but many are questioning how effective that would be if people could keep their guns for 30, 40 or 50 years, or wait until the Conservatives get in power. They are already on record saying they would reverse this ban.
How effective, or how long-term, would this ban actually be without some other measures?
Joël Lightbound Liberal Louis-Hébert, QC
Madam Speaker, I thank my colleague for his question.
We took an informed approach based on New Zealand's experience. It is estimated that its mandatory buyback program recovered just one-third of these weapons.
Our approach is definitely different. Those who wish to surrender their weapons will be eligible to receive fair compensation from the government. Those who do not will have to register their firearms and will not be able to use, sell or bequeath them. In short, the guns will be useless and unuseable. The requirement to register these firearms so we know where they are is of fundamental importance.
The Assistant Deputy Speaker NDP Carol Hughes
The member for Kingston and the Islands on a point of order.
Mark Gerretsen Liberal Kingston and the Islands, ON
Madam Speaker, I rise on a point of order. The English translation was coming through as French and I did not hear the response from the parliamentary secretary. I really wanted to hear that. I do not know if it can be fixed. Can he repeat his answer to that?
The Assistant Deputy Speaker NDP Carol Hughes
The interpretation seems to be working now.
Could the parliamentary secretary quickly repeat his answer?
Joël Lightbound Liberal Louis-Hébert, QC
Madam Speaker, I am eager for my colleague from Kingston and the Islands to learn French, and I am here if he needs help.
I was saying that our approach is based on other countries' experiences. For instance, New Zealand has had limited success, if we compare the estimated number of firearms in circulation with the number of firearms surrendered to the government.
With our approach, those who wish to surrender their weapons will receive fair compensation from the government, and those who wish to keep their weapons may do so, but they will have to register those firearms so we know where they are located. They will not be able to use, sell or bequeath them. It is non-permissive permission, if you will.