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

This bill was previously introduced in the 43rd Parliament, 2nd Session.

Sponsor

Bill Blair  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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.

Elsewhere

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.

Votes

May 18, 2023 Passed 3rd reading and adoption of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 18, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (recommittal to a committee)
May 17, 2023 Passed Concurrence at report stage of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
June 23, 2022 Passed C-21, 2nd reading and referral to committee - SECU
June 23, 2022 Failed C-21, 2nd reading - amendment
June 23, 2022 Failed 2nd reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (subamendment)
June 21, 2022 Passed Time allocation for Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, Bill C-5, the soft-on-crime bill, actually allows for lesser sentences for those who commit crimes with guns. I was wondering how the hon. member can reconcile what he sees in Bill C-21 with this soft-on-crime approach by the Liberal government.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, I am absolutely disappointed. I am disappointed that we seem to be soft on punishing those who have committed horrendous crimes, yet punish lawful firearms owners. I cannot reconcile that, and I just find it absolutely crazy. I think that is a very good question. There is a huge gap and divide in this bill that we are not addressing. We have an opportunity to actually do that at this point in time, but the Liberals have shut that down.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I am pleased to speak on this bill, and I will start with a confession. I am surprised to find myself agreeing with many of the criticisms expressed by Conservative members. This does not happen very often when it comes to firearms.

The Bloc Québécois supports Bill C-21 and will obviously try to improve it in committee. However, it does not address any of the current problems that are affecting cities, particularly Montreal. There is nothing in the bill to address the shootings on our city streets that are scaring our children. This is very serious.

The bill puts a freeze on the acquisition of new legal handguns. This is good and might help, but these weapons represent barely 5% of the weapons used in violent crimes. According to Montreal's police service, the SPVM, 95% of the handguns used in violent crimes are illegal. Bill C‑21 contains nothing more than a few watered-down measures to tackle this problem.

Where are the measures to increase resources for border services so they can curb the trafficking of illegal weapons? Where are the additional patrols? I know that I repeat this often, but I would like to remind the House that the Government of Quebec recently provided $6 million to increase patrols in the Akwesasne area.

The federal government is nowhere to be found. It must propose something to tackle this issue, whether it is resources, money, a special task force, I do not know. The bill does nothing to deal with the violent crimes currently being committed in our cities.

We are faced once more with a government that claims to be doing something and tries to give the impression that it is taking action while actually doing very little. Ideally, the longer it can make this last, the more satisfied it is, because it can repeat 100 promises three or four times in different election campaigns.

I am going to take the example of assault weapons, which can fire ammunition at insane speeds and which no one needs in real life. These weapons are a problem. The current government claims that it has already done its job by prohibiting them. It often repeats this claim in its speeches, saying that it is a good thing.

In reality, in May 2020, the government cobbled together a list seemingly at random, containing several models of weapons whose names seemed to have been picked out of a hat. Then the government declared that those weapons were prohibited. However, similar models that are just as or even more dangerous continue to be legal. This approach pushed the manufacturers of these weapons to adapt and develop other models since then.

We need to work intelligently, and for that to happen, the government needs to listen to the opposition once in a while. The opposition is not always right, but it often is right, and it makes good suggestions.

For example, we said that there was no need to make a list of weapons, but that we should consult experts and define what an assault weapon is. Once the legal framework is established, if a weapon fits in this framework, it will be banned and considered illegal, no matter what weapons manufacturers invent five or 10 years from now. That seems so logical to me, so I do not understand—

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

Order. The member for Perth—Wellington on a point of order.

Criminal CodeGovernment Orders

June 21st, 2022 / 7 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, I apologize to the member speaking, but we are hearing reports from certain members that the Zoom application may not be working correctly. I am seeking guidance from the Table and from the Chair as to whether there is a problem with the network.

There are indications that people are not able to log on to the system.

Criminal CodeGovernment Orders

June 21st, 2022 / 7 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

I thank the member for the intervention. We will continue to investigate what is going on.

We will continue for now. I would ask members to inform the Chair if there are technical problems with the interpretation or with our Zoom system.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:05 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, do I start over or continue where I left off?

Criminal CodeGovernment Orders

June 21st, 2022 / 7:05 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

The hon. member has at least 30 seconds.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:05 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I was saying that I do not understand why the government does not work with the opposition to table bills that will really make a difference.

I was talking about a definition for an assault weapon. That is important. Taking action is a Bloc proposal. We have a lot of proposals like that. Every time I rise, I am thrilled to list the Bloc's intelligent and well-thought-out proposals. I often sound brilliant when I do that, but our extraordinary research team really deserves a lot of credit.

Then there is organized crime. The people shooting at each other in Montreal are organized. They are in a gang. They want to eliminate the other gang and take over the neighbourhood. We have all watched plenty of movies and can imagine what motivates them to go and shoot someone in a restaurant, in front of children. The tragedy is that this is not a movie on Netflix. This really happens. We do not have to accept that.

As elected members of the federal Parliament, it is not only our duty but our moral obligation to act on this. We are debating Bill C‑21, which will affect 5% of the firearms being used. It is a small step forward, but it does not address the real problems. Lately, during almost every question period, my colleague from Rivière-du-Nord has been asking the Minister of Public Safety when he will create a list of recognized criminal entities.

Something similar exists for terrorist groups. It gives police something to work with. It gives prosecutors tools. It makes it easier to bring people to justice. We control the laws. We have the freedom to do that.

Why not give ourselves this gift? I do not understand. Who are we afraid of? Those are the questions we need to be asking ourselves.

We are dealing with a government that will go to the media and say it is taking action on guns by passing Bill C-21, when really, the bill does absolutely nothing. I can say this because every time my colleague from Rivière-du-Nord sits down after a question in question period, that is the answer he gets. He is told every time that the government has introduced Bill C-21 and that it hopes the Bloc Québécois will support its passage. Of course the Bloc Québécois is going to vote in favour, but we need more than that. We need to tackle the root cause of the problem.

We are dealing with a government that is all about image. It does not care about tackling problems. Just look at the passport crisis we are currently facing. That is the perfect example. How long have we been talking about that? Can the government do something about it, put resources into it, open the offices on weekends?

The minister stands up and says that the offices are open on weekends, but people are telling me over the phone that the offices are not open on weekends. Then we are not supposed to get upset. For 10 years, we have been calling for employment insurance reform. What is happening? Nothing. Last fall, fathers still had to prove they were using food banks in order to get benefits. Cuts are still being made to the guaranteed income supplement. The Liberals are going to stop making cuts in July. The machine is too big. No one knows how to press the button without messing up the entire calculation. It is going to take another cheque. It is totally ridiculous. Despite the inflation we are seeing right now, the government refuses to increase the old age security pension. I could go on at length.

I asked a question about support for agriculture today. It has been more than a month since people from agricultural organizations proposed practical solutions. They are not asking for money to be thrown at them. They are showing up with a list of solutions. More than a month has gone by, and there is still no response. It is radio silence. The management of the border during the COVID‑19 pandemic is another issue. I could go on until midnight. Are we sitting until midnight? I am game.

Let us come back to the bill. This bill has positive elements. Earlier, the parliamentary secretary spoke about red-flag and yellow-flag provisions. We are aware of these provisions, and that is why we will support the bill. At the same time, there are contradictions. Bill C‑21 increases the sentence for gun traffickers in an attempt to impress the public, whereas Bill C‑5 reduces the sentences.

We say that we agree with reducing sentences, but this is not the time to reduce them for crimes committed with a firearm. The response is that, in any event, it does not change criminals' minds.

The same argument does not hold from one bill to the other, which I have a hard time understanding. Everyone in the Bloc Québécois is reaching out to the government. We want to crack down on real organized crime, the real criminals, the thugs who traffic firearms and terrorize our cities. There is work to do and we are prepared to do it. Until then, we will vote in favour of Bill C‑21 because it is a step in the right direction.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:10 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, the member talked about a wide variety of issues. I am not allowed the time to address them all in the form of a question, but I do have a very basic question that I have posed before.

I am glad to see that Bloc members are going to be supporting this legislation. However, the degree to which they want to see the legislation pass and get to committee did surprise me earlier.

We know that the Conservatives flat out object to the legislation before us. They are going to battle the legislation. The only reason the bill will pass to committee is because the NDP agreed to have time allocated so that at least it could get out of second-reading stage.

Could the member explain why, if the Bloc members believe in handgun bans, they believed that it was not necessary to try to get the bill rushed to the committee stage? Otherwise, who knows when it would even get there?

Criminal CodeGovernment Orders

June 21st, 2022 / 7:10 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, the answer is, quite simply, no. We are systematically opposed. We have supported time allocation in some very specific circumstances, but in general, we condemn the practice of wasting time with obstruction tactics on both sides of the House.

Both sides of the House share responsibility, since the government members do not have enough respect to consult with and talk to the opposition members. We learned today that the House is scheduled to sit until midnight again tomorrow, but the Bloc Québécois was not consulted. If the government wants us to collaborate, then it needs to show some respect.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:10 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I want to thank my hon. colleague from the Bloc for his speech.

The member talked about some of the issues that the government has been dealing with, and spoke in terms of illusion. I would suggest that, right now, we are a country in chaos. Even the most basic government services are being bungled by this government: passports, immigration, border issues at Roxham Road, the issues with Afghanistan and Ukraine, inflation, affordability and, not least, political interference, according to a news story that came to light today.

This is a complicated issue that requires complicated solutions. Is there any confidence, on the part of the member who just spoke, in the government's ability to deal with this issue effectively? The issue is guns, gangs, illegal criminals and the illegal importation of guns that are used for violent crimes. Does the member have any confidence in the government's ability to actually find an effective solution through Bill C-21, or is this simply smoke and mirrors and just another way of the government mishandling something?

Criminal CodeGovernment Orders

June 21st, 2022 / 7:10 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, that is a bit of a trick question that I got from the House leader of the official opposition about having confidence in the government, since he knows what I have to say.

In fact, it is disheartening. Right now, I do not have confidence in the government, but I am reaching out and I think it could be trusted. There needs to be a change in attitude and a collaborative effort, as was the case in the early months of the COVID-19 pandemic.

At that time, the government listened to the opposition's proposals. The opposition proposed some worthwhile measures, such as the Canada emergency wage subsidy. That was a Bloc Québécois proposal that had a major impact on the economy.

Our proposals to define assault weapons and create a list of criminal organizations could change lives, save the lives of many people, but the government needs to listen.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:15 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I certainly agree that legislative solutions alone are not enough without added resources at the border to fight illegal gun trafficking from the United States. In a June 2 article in Canada's National Observer, Sandy Garossino wrote that 75% of firearm fatalities were suicides committed by gun owners.

We talked about men's mental health just a week ago in the House, so we know men are much more likely to commit suicide than women. We know these suicides account for the vast majority of firearm fatalities. What are the member's thoughts on that?

Criminal CodeGovernment Orders

June 21st, 2022 / 7:15 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to thank my hon. colleague, whom I hold in high esteem, for the quality of his speech and his thoughtful consideration. He is proving it again today.

When I mentioned the 95% figure earlier, I was referring to 95% of violent crimes committed on the streets of Montreal. We are not talking about the same statistics. I have not seen the statistic that 75% of suicides are committed with firearms. I will trust my colleague on the validity of that figure.

Of course that is an issue. Bill C-21 could contribute to some progress in that regard, since it will reduce the number of handguns in circulation, gradually and over time.

Beyond that, I think my colleague mentioned the key elements: mental health and resources. The day that society adequately funds health care, for instance, to focus on prevention rather than the cure, or band-aid solutions after the fact, we will be well on our way to solving these problems.

My question is fundamental. It is clear where I am going with this. I am still talking about those darn health transfers. Can we just get the money to take care of our people? Then we can invest in mental health or homelessness and we can make a difference. I am sure my colleague agrees with me.