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.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

May I interrupt? I'm sorry about that. I have limited time.

You made some helpful suggestions for our committee in your opening statement. You recommended restricting purchasing to those 18 or older, and the risk waiver that would make a person who's purchasing understand the responsibility that comes with owning such a device.

However, when I look at how Bill C-21 is written, I'm trying to figure out how we are going to fit your amendments in, given how Bill C-21 is currently written, because we'd be adding a new subsection to the Criminal Code—specifically, a subsection 3.2 after the existing subsection 3.1 of section 84.

Have you figured out some of the wording for the technical pieces? Do you believe this existing clause can be amended properly to take into account what you're hoping to achieve? I guess what I'm asking is whether you can help guide our committee through how you would ultimately like to see this clause rewritten.

[Nicholas James Martin, Member, Airsoft in Canada]

Alistair, thank you for the question.

A few of the issues we get right now are concerns about what happens after the bill is passed. What will happen if they decide to sell it? Obviously that will be illegal under the Criminal Code, because they will be considered prohibited firearms under the Criminal Code.

The immediate chilling effect is that we have been told that we can keep the ones we have and we get to keep using them, but as Bill C-21 is currently written, section 117.03 of the Criminal Code will empower police officers to take airsoft guns on sight. There is no reason required; they don't have to have to have a reason or probable cause. They need nothing.

The fear is that if they were to go to a paintball field and play an airsoft game, a police officer could show up and take their property, and there is no way to get it back.

The fear is that we—

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Thank you, Mr. Chair.

Thank you to all of our witnesses for helping to guide our committee through this study.

I'd like to start with Airsoft in Canada.

This summer, my constituent Jon Bell took me out to the Victoria Fish and Game Protective Association and put me in some referee garb. I got to watch one of your competitions. You're right. I agree with your opening statement. There were people, young and old, all kinds of demographics, who had come to enjoy a good time in the outdoors. I'm very sympathetic to your sport.

It's obvious that people who engage with it are very passionate. As evidenced by the campaign thus far, they are very motivated to engage with this committee, so I salute you in your efforts for that political engagement.

In the way Bill C-21 is currently written, an airsoft gun is suddenly deemed a prohibited device. I know it's for the purposes of sections of the Criminal Code—weapons trafficking, possession for the purpose of weapons trafficking, and so on, so it's specific sections—but what effect does it have on an owner to know that suddenly your device is now going to be deemed prohibited? What's that chill effect?

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Thank you, Mr. Chair.

I want to thank all the witnesses for coming here and sharing their unique perspectives.

I'm going to start with a question for Canadian Doctors for Protection from Guns.

I found it interesting to hear—and my own research backed up your claim—that 75% to 80% of firearms-related deaths in Canada are caused by suicide. I note that the department in the last meeting justified Bill C-21 because of its ability to reduce suicide by firearms. I'm concerned, though, if you're aware of it, that a 2004 peer-reviewed study from Jean Caron showed that while gun control measures did reduce the prevalence of firearm-related suicides, it didn't reduce the overall suicide rate, as people found alternative means of committing suicide.

I think we should be promoting policies that reduce suicide overall. We know we're in a mental health challenge. It seems like this policy might have an impact on reducing firearms-related suicide, but do you have any evidence to suggest that it would reduce suicide absolutely?

[Wesley Allan Winkel, President, Canadian Sporting Arms and Ammunition Association]

Thank you very much.

My name is Wes Winkel, and I'm the president of the Canadian Sporting Arms and Ammunition Association. We have a volunteer board of directors, and I represent over 4,100 licensed businesses in Canada, as well as over 40,000 employees. We have a 2018 study that shows that we have an $8.5-billion economic impact to our country's economy, and $2.6 billion of that is involved in sport shooting.

Bill C-21, as currently constructed, gives us the danger of losing another 20%. We lost 20% in the May 1 order in council, and with the handgun freeze and the airgun prohibitions, we could be looking at a total of over 30%. This could lead to over 15,000 jobs lost in Canada. Businesses in Canada have invested millions of dollars to adhere to the strict regulations and the strict regulatory environment already imposed and have done a great job in keeping guns out of the hands of the criminal element. Over 90% of handguns used in crimes are acquired through criminal means and are not sourced legally.

The Canadian Association of Chiefs of Police has denounced the handgun transfer freeze and says that it will not have an impact on crime guns in Canada. We believe that to decimate our whole industry is a mistake. It is virtually impossible for our industry to keep up with the speed and volume of regulation changes that have been coming our way, and we've spent countless hours training staff and trying to remain up to date in our regulatory environment.

We request some compromise and some relief inside Bill C-21 and in the current regulations. We've been asking for a change of the “replica firearm” definition, as previously discussed by the air gun industry. We're looking for the committee to consult the air gun industry and to find a way to identify firearms for law enforcement to ensure that they are differentiated from real live firearms and we again recommend the implementation of the 18-year-old guideline for purchase.

We request that they remove the transfer freeze on handguns for individuals. Canada has probably the largest vetted and legal handgun ownership in the world. These sport shooters conduct their sport at ranges safely and provide no risk to the Canadian public. We have many participants who operate in this safe environment, and the businesses ensure that these firearms only reach the hands of those licensed individuals. We're requesting that the government not cease the sale of firearms to these licensed, vetted individuals but rather find an alternative method to restrict ownership and to keep those vetted individuals able to purchase and stay in our sport. There's a possibility of capping licences but ensuring that we can continue to sell and trade current firearms among ourselves.

We also ask that this committee look at respecting all competition shooters with the same exceptions as Olympic target shooters. We have sport shooters at international competitions such as the Single Action Shooting Society, or SASS; the International Practical Shooting Competitions, or IPSC; and the IDPA. These are internationally recognized shooting competitions with trained shooters who have dedicated their lives to their sport. They conduct it in a safe manner and they've always adhered to the government regulations. There is no need to attack this community because certain guns are used in the criminal element.

Furthermore, our businesses are asking that the government remove the downgrade of classification of firearms inside Bill C-21. By definition, the government has declared certain firearms a higher risk to society by labelling them as “restricted” and “prohibited”, and it makes no sense why the government would want us to stop downgrading these firearms. If they've deemed that the public safety is enhanced by changing the firearms from prohibited to restricted, why would we want to limit that? Businesses have spent thousands of dollars training gunsmiths and investing in equipment to produce equipment and ensure that these firearms get downgraded successfully and safely. There is no need, at this point, to restrict that.

Furthermore, there are three more items discussed at the bottom of the regulatory amendments with the intention of implementation by order in council. We request more clarity on these things before they're brought in, and a high level of consultation with the industry, first and foremost on the magazine restriction intentions. To limit all firearms to five rounds or less would create a nearly impossible situation for the industry in conducting its business.

[Dr. Najma Ahmed, Doctor, Canadian Doctors for Protection from Guns]

Thank you.

Gun injury and death is an urgent public health issue. The Canadian Medical Association declares that “Firearm-related injuries and fatalities are a major cause of premature and preventable death in Canada.” A 2020 Ontario study shows that over a 15-year period, there were nearly 6,500 gun injuries, and 42% were fatal. Another 2020 Canadian study shows that 10% to 20% of patients with firearm injuries suffer lifelong disability.

Gun injuries stress our economy and public health systems. Many of my patients never go back to work or school because of the physical and emotional trauma they have suffered. The toll on families and communities is unimaginable. Canadians have called on governments to reduce this threat to public health and well-being.

Preventing injury and death from firearms is a multi-faceted challenge that demands evidence-based solutions. Canada needs Bill C-21, with a permanent ban on assault weapons to save lives. Indisputable peer-reviewed evidence from around the world shows that restricting access to guns saves lives. The stronger the measures, the safer it is, and this is irrefutable.

Canada has work to do. We rank ninth of 36 countries in the OECD for firearm mortality.

The gun is the vector of harm and death. This is why assault weapons—firearms that can kill and maim many people in mere minutes—have no place in our communities. Banning these firearms will not necessarily make our society less violent, but it will make the violence less lethal. It has worked in Australia. It worked in Switzerland. It even worked for a time in the U.S.

A similar type of gun, the SKS rifle, which is not currently covered by the order in council, was used recently to kill two police officers in Ontario. A clear line must be drawn to ban all semi-automatic rifles as part of this legislation.

Further, CDPG supports the ban on the sale and transfer of handguns. International research shows that a woman is five times more likely to be killed in a domestic violence situation when there is a gun in the home, most frequently by a handgun. In 2019, the Canadian Femicide Observatory identified firearms as the most commonly reported means used to kill women and girls. All guns, including handguns, can be used to intimidate and control.

Handguns smuggled from the U.S. are not the sole source of crime guns. A handgun stolen from a gun shop in Saskatchewan was used in the Danforth mass shooting.

We support the proposed “red flag” law. Family members, physicians and concerned individuals must have access to an efficient process to quickly have firearms removed from someone who may be at risk to themselves or others.

In Canada, suicide accounts for about 75% of gun deaths. A gun in the home increases adolescent suicide rates by threefold to fourfold. Evidence from other jurisdictions shows that “red flag” laws are effective in reducing firearm suicides.

Most people who survive a suicide attempt do not go on to die by suicide. This is why restricting access to lethal means saves lives. Suicide attempts with a gun are almost uniformly fatal.

Public education and easy access to a confidential process for the removal of firearms would strengthen this bill. New York State offers its citizens an online application reviewed by a judge within 24 hours. We urge the federal government to work with provinces and territories to mandate physician reporting of individuals at risk of harming themselves or others.

The ban on replica guns is good but insufficient. Non-powdered firearms have the speed and force to penetrate skin or eyes and are a source of injury to children and youth. We urge the government to create a strong regulatory framework for these guns. We recommend mandatory warning and education labels on all guns and ammunition at the point of sale, similar to tobacco and other products.

The government must invest in the social determinants of health. I have seen how the traps set by poverty, racism and the lack of opportunity combined with a firearm devastate young lives. I know the government has been listening to community voices. Now it must act.

Finally, Canada would benefit from a deeper understanding of firearm injury. This bill should include a national firearms research and policy centre to study existing and potential solutions to reduce harm from guns.

For 20 years I have been treating patients devastated by firearm injuries and consoling families left behind with immeasurable grief. Our sole interest today is to protect Canadians from gun injury and death.

Thank you for listening to me so patiently. I'm here with my colleagues, Dr. Maggi and Dr. Berger, and we would be pleased to answer any questions.

Thank you.

[Brian A. McIlmoyle, Director, Airsoft in Canada]

Thank you, Chair.

My name is Brian McIlmoyle. I'm a director at ASIC, the Saving Airsoft in Canada Association. I'm joined by Ziming Wan and Nicholas Martin by video conference.

Thank you for inviting us here today.

Airsoft is a sport practised by tens of thousands of Canadians all across the country. Airsofters come from diverse backgrounds, all genders and orientations, English and French, casual or enthusiast, sport competitor or collector. Airsoft is enjoyed by those exploring military re-enactments and simulations and by costume role players attending anime conventions. Airsoft businesses employ over 1,400 people. Today is a very important day for these people.

In Canada, recreational airsoft is a $220-million industry, with more than $46 million spent annually on goods and equipment and more than $36 million on event production and tourism in the small towns that typically host these events. Bill C-21, as currently written, would shutter this industry entirely.

The Canadian film, video game and media industry is worth $9 billion-plus annually, with about $5 billion of that from films involving firearms and airsoft gear. Rubber prop guns were prohibited by Bill C-68 in 1993. Film armourers have told us that they are entirely reliant upon the Canadian airsoft retailers because of the next-day turnarounds required by film studios. They require direct access to retail sources for airsoft equipment. Without it, film productions would be delayed for weeks.

Since the accidental shooting of Halyna Hutchins, we have been told that Hollywood productions have shrunk their demand for real firearms by 60%, and increased their use of airsoft by 40%, with some film unions calling to shift entirely to airsoft. About 66% of Canadian film industry prop guns are airsoft. Film armourers that we have consulted have stated that Bill C-21, as currently written, would make Canada far less attractive for these productions, threatening that $5 billion of production.

We understand the concerns of law enforcement. In our consultations with them, they noted their top concern was mistaking airsoft for real firearms, in particular when youth and children were involved. Police are trained to treat any suspected gun as a deadly threat. This has historically included Nerf blasters, Lego, camera tripods and musical instruments. We should be taking every practical precaution to prevent any potentially tragic incident for both police officers and the persons who are accidentally or negligently abusing airsoft.

We believe the best means to mitigate these risks is an 18-plus restriction on the purchase of airsoft, which would prevent children from buying airsoft without parental knowledge. In addition, a legal acknowledgement of risk or a waiver, when signed and combined with some clear educational material, will impress upon parents and young adults the important and very mortal responsibility of owning airsoft gear.

We believe this will prevent the majority of police calls for service, resulting from accidental and negligent use of airsoft. This would also bring us in line with the majority our peers internationally.

If we are to go a step beyond that, ASIC has studied a self-regulatory system similar to the United Kingdom's Airsoft Retailers Association and the U.K.'s Violent Crime Reduction act, which stipulates membership in an airsoft association in order to possess airsoft. This kind of measure would require a higher administrative overhead, but there is a feasible appetite for it within our community.

These measures benefit from joint positions with the FSAQ, or Fédération Sportive d'Airsoft du Québec; the AABC, Airsoft Association of British Columbia; and the CSAAA, the Canadian Sporting Arms and Ammunition Association.

Bill C-21's proposed redefinition of a prohibited device would eliminate airsoft as a sport by changing the legal classification of virtually all airsoft in Canada. It also affects a larger category of products, including paintball markers, pellet guns, Nerf foam blasters, etc., all of which would be impacted by Bill C-21 to varying degrees.

How Bill C-21 is written would make airsoft illegal to buy, sell, import, export or transfer. It would make it subject to confiscation without legal recourse. Current owners would be in possession of a prohibited device and subject to the relevant laws.

There is no doubt the legal regulation around airsoft is confusing. Manufacturers, importers, the CBSA and law enforcement find it confusing as well. The legal context of airsoft involves multiple sections of the Criminal Code, the Firearms Act and examples of case law that involve different definitions, qualifications and quantifications.

We suggest that this committee empower the Governor in Council to work with consultative bodies such as ASIC to more comprehensively and exhaustively define “replica firearm” and/or “airsoft” through regulation. We hope today that the committee can work with our community to develop a solution.

I thank you for your time today, Mr. Chair, and I welcome any questions.

[The Chair, Liberal, Ron McKinnon]

I call this meeting to order.

Welcome to meeting number 38 of the House of Commons Standing Committee on Public Safety and National Security. We will start by acknowledging that we are meeting on the traditional unceded territory of the Algonquin people.

Today’s meeting is taking place in a hybrid format pursuant to the House order of November 25, 2021. Members are attending in person in the room and remotely using the Zoom application.

Pursuant to the order of reference of Thursday, June 23, 2022, the committee commenced consideration of Bill C-21, an act to amend certain acts and to make certain consequential amendments (firearms).

We have today two panels of witnesses.

For the first hour, I'd like to welcome, from Airsoft in Canada, Brian A. McIlmoyle, director; Nicholas James Martin, member, who is with us by video conference, I believe; and Ziming Wan, member.

Welcome.

For the second hour, we also have, from Canadian Doctors for Protection from Guns, Dr. Najma Ahmed, Dr. Philip Berger and Dr. Julie Maggi. From the Canadian Sporting Arms and Ammunition Association, we have Wesley Allan Winkel, president.

Thanks to all of you for joining us here.

We'll start with statements from our groups of witnesses.

We'll start with Airsoft in Canada. Please go ahead for five minutes.

Justice

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

Mr. Speaker, the safety of Canadians is our number one priority. We support victims, and we are working with them precisely to make the system safer. With Bill C-21, we are increasing penalties for crimes related to gang activity and gun smuggling.

We are strengthening the ban on firearms, which are designed solely to kill people. That is what we are doing and what needs to be done to make Canada safer.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, too many Canadians have been hurt by gun violence and our government ran on the promise to redouble Canada's efforts to tackle this issue. We always put the safety of Canadians as our number one priority. That plan includes banning and buying back assault rifles, freezing the national handgun market and raising sentences for gun smugglers. My hope is that the hon. member across the aisle will support Bill C-21 at committee and allow us to keep Canadians safer.

[Fred Gaspar]

Again, I have to be a little careful, because it's certainly a bit of a policy question. I can tell you that Bill C-21 codifies and cohesively brings together the overarching approach that the government and all members of the public safety portfolio have been using for a number of years now, starting with the initiative to address guns and gangs violence, and that is to take a multipronged approach.

Therefore, Bill C-21, as my colleague Talal has indicated, takes a look at the root causes and takes a look at initiatives that can be put in place to protect the most vulnerable members of society from a policy perspective. It underscores the kinds of investments that we have been making to support those types of outcomes through the budget 2021 provisions and the 2018 guns and gangs funding, which is intended to improve investigative capacity and enable us to better liaise with our international partners to identify the source of import threats.

I'd have to underscore that point more than anything else. It's not unlike any other kind of smuggling regime: The further upstream in the import stream that you're able to identify the threat and interdict it, the more likely you are to be successful. I think if we look at it holistically, that's the key benefit of Bill C-21 from a border effectiveness perspective: It brings together that cohesive approach through a multipronged solution to address gun violence in Canada.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Thank you.

It wouldn't be fair that we would go this entire meeting, Mr. Gaspar, without at least turning our attention to you a little bit. You're almost off the hook, but not quite.

CBSA officers have apprehended at the border ghost guns, 3D-printed firearms, so on and so forth. This importation is obviously a serious concern. In my earlier question to the minister, I talked a little bit about this. Could you share your perspective from the CBSA's point of view on how Bill C-21 can or will or should help address this issue?

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Thank you, Mr. Chair.

We've spent a lot of time in this conversation talking about why this and why that and some important questions, but for me this always comes down to people. In 2021, 173 women were killed by either present or former intimate partners, and 40% of them were killed using guns, or just about 40%.

Deputy Commissioner Larkin, you've been the chief of police in Waterloo and you are here now in your capacity as somebody with a lot of policing experience. Do you believe that had Bill C-21 been in effect earlier, some of those lives would have been saved?

[Talal Dakalbab]

Actually, it's five or 10. If you allow me, I don't want to go into too many details, but the alteration cannot be done if Bill C-21 becomes law.

Right now, as you're probably aware, there are some magazines that could be used for multiple guns, and some of them could be removed and be on a 10. That is allowed in the law right now. This alteration will not be allowed, obviously, unless it's authorized by our colleagues or done for the proper guns. Right now, there's a gap to be addressed.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Thank you.

My question is for Deputy Commissioner Larkin.

One of the sections in Bill C-21 would create a new offence. The offence is altering a magazine to hold more than the legal number of rounds, yet it's already an offence to possess a magazine that has more than the legal limit of rounds. This proposed new offence seems to duplicate an offence that already exists.

Why was this included in the legislation?