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.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Chiang, as somebody who lives in a city that's beset by handgun violence, as somebody who works with colleagues from across the country who have seen far too many lives lost, including law enforcement.... I was just at a funeral for an officer who lost their life in the Toronto Police Service.

The challenges are significant and they're really complex. I'm in no way trying to gloss over or simplify the complexity of that problem, but in Bill C-21 the government has made a best effort to try to put forward, for this committee and Parliament's consideration, a comprehensive legislative strategy that aims to reverse the trend around handgun violence, around organized crime, and around domestic violence and the presence of guns.

It is part of a much broader strategy that also looks to give additional resources to law enforcement to stop illegal trafficking at the border and to prevent gun crime from occurring in the first place. If we do this work together and if we remain focused, then I truly believe we can reverse the trends around the increases in gun violence and eradicate it once and for all.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

An example that I think highlights our response to organized crime in Bill C-21 are the more severe criminal sentences and maximum sentences for those who illegally traffic guns. These sentences are going from 10 years to 14 years.

You're a former police officer. I'm a former Crown attorney. I still read the Criminal Code. The last time I checked, the 14-year maximum sentence is the last stop before you get to life sentence, so that is a very strong and unambiguous signal to illegal gun traffickers that if you're in the business of trying to get illegal guns into communities, you face the prospect of serving significant time.

Second, we propose to offer new surveillance and wiretap powers to police whereby firearms offences under the Criminal Code become eligible for that particular investigative technique. It's one that will, I believe, help to disrupt illegal supply chains around firearms, both internationally and within our borders.

Those are two concrete examples in Bill C-21 that I think will help us tackle organized crime and the illegal trafficking of guns when the bill becomes law.

[Paul Chiang, Liberal, Markham—Unionville, ON]

Thank you, Mr. Chair.

Minister, thank you for joining us today. Thank you to all the witnesses for being here today.

As a former police officer, I'm aware of the many challenges law enforcement faces in addressing firearm trafficking and firearm smuggling.

Minister, could you please tell this committee how Bill C-21 will support law enforcement and provide additional tools to them?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

That is the goal, but I want to be clear that Bill C-21 by itself won't accomplish that. We also have to invest in law enforcement. We also have to make sure we stop illegal trafficking. We also have to put into place preventive strategies, including the building safer communities fund.

If we do those three things together, then I think we can finally reverse the trend on gun violence and put an end to it.

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

Thank you, Chair.

Minister, our first major report at this committee addressed gun and gang violence, and it was a study on which we all worked together quite well.

I've always approached the issue of gun violence by acknowledging that a single piece of legislation by itself is not going to address the problem. It has to be taken in context with policy, effective funding of law enforcement and working with international partners, etc., and I think you would agree with me. I think all colleagues would agree with me on that.

On the question of domestic diversion, I know that's a big rationale behind Bill C-21. We heard testimony at our committee of the dangers of people owning large numbers of handguns and setting themselves up as targets for criminal organizations. It's far easier to steal a handgun that's already present in Canada than to go to the trouble of trying to smuggle one across an international border.

We made a recommendation in that report to ask for additional research into the prevalence of domestic diversion. Since that report was issued, do you have any further updates from your department on how widespread the problem is? Are there any solutions, apart from what's in Bill C-21, that your government is considering for people who may be targets of criminal organizations?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Thank you for your question.

The purpose of the new protocol proposed in Bill C‑21, the "red flag" law and the "yellow flag" law, is to reverse the trend of intimate partner violence and firearms possession.

However, I know that certain organizations representing women and women survivors have concerns, which is why we made amendments and, I believe, strengthened the provision in the bill. I should point out, however, that this is just an option; it isn't mandatory. It's another protective measure introduced for people who want to use it. I recognize that police services must be provided with resources so they can exercise the powers they currently have.

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

Thank you, Mr. Chair.

Earlier Mr. MacGregor raised an issue that I'd also like to discuss with you, Minister.

On May 16 of this year, several women's groups sent you a letter expressing their concern about the “red flag” measure in Bill C‑21. They feel the measure is a real problem and even said it was counterproductive to allow victims to appear on their own in court to request that an attacker's gun be seized, for example. They say that could even increase the risk to victims. I saw that the bill provides ways to ensure the victim's anonymity, but, as you can understand, victims don't necessarily have all the means they need to do that in an intimate partner or domestic violence context.

That letter was sent to you on May 16, and the bill was introduced around May 30, if my memory serves me. In short, it was introduced a few days later. I understand that it must already have been drafted at that time and that you didn't have time to make any changes. However, the position of those women's groups hasn't changed. They still think it's a bad measure and propose instead that the measures already available be used and that the community be granted more powers over education, for example.

Now that you know all that, would you be prepared to amend the bill given the fears of the individuals directly concerned on the ground?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Thank you very much, Minister, for that response and also for the visit. I'm sure it was greatly appreciated by all of the newly trained agents who will be protecting our borders all across the country.

Minister, Bill C-21 is going to go a long way in protecting communities like mine in Vaudreuil—Soulanges and communities like Vaudreuil—Soulanges all across the country. I'm looking forward to diving in with committee members to try to strengthen the bill.

One of the questions that I and members of my community had was with regard to ghost guns. This was brought up by my colleague Mr. Noormohamed. We had an incident in Montreal just two months ago. A young man had purchased parts online and had put together a firearm that was used in violent crime in Montreal. I've received numerous emails and calls from constituents who are wondering if there's any way that we can combat this.

Minister, you mentioned earlier that you spoke with your colleagues in the United States, and I'm sure you've had discussions with other counterparts around the world. Have you heard from them any effective ways that they've been able to use to counter this? Can you share those with the committee so that you can help guide our work in the coming weeks?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Thanks very much, Mr. Chair.

I want to thank the minister and his entire team for being here today.

Minister, I was very pleased to hear you say in your opening statement that Bill C‑21 was part of a multipronged plan. That plan includes investments in activities for young people to prevent them from joining street gangs, but also historic investments amounting to $321 million to strengthen our borders. That point is a source of pride in my riding of Vaudreuil—Soulanges. As you know, the CBSA officer training centre is located there, in Rigaud.

Please tell us how important those investments are in preventing illegal firearms from entering Canada.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

We're consulting with indigenous communities. We have consulted and will continue to consult on Bill C-21.

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

See, the important thing, Minister, is that these firearms are predominantly used by indigenous people to fulfill their traditional treaty hunting rights. If you are limiting their ability to use a Lee-Enfield because of Bill C-21, you're limiting indigenous rights. This violates section 35 of the Charter of Rights and Freedoms.

How is this not colonialism, Minister?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

We've taken the judgment that when it comes to assault-style rifles, they have no place in our communities. With Bill C-21, we've also taken the largest step forward in probably a generation by putting in place a national handgun freeze so that we can reverse the trend and the growth of a universe of that type of gun by about 45,000 to 55,000 new registrations every year—

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

Thank you so much, Mr. Chair.

Welcome back, Minister. It's good to see you here.

I want to continue on the subject of airsoft guns that Mr. Noormohamed brought up.

I had a great summer of consulting with constituents and I got to visit the Victoria Fish and Game Protective Association. They have a large airsoft course, and I played the part of a referee during a match. The people who are involved in the sport really love what they do. It's a growing sport and all sorts of demographics take part in it. They are quite concerned with how Bill C-21 is currently written, and I know that your department has received a lot of correspondence.

When you introduced this version of Bill C-21, your department was kind enough to provide a backgrounder to members of Parliament. Your backgrounder stated that current owners would be allowed to keep and use the ones that they already own, but they cannot transfer them to another person. Manufacturers will be able to sell them, but they will have to adjust the designs, and your government will consult with industry and law enforcement on how to implement the law.

The backgrounder states that current owners will be allowed to keep the ones they already own, but I'm curious how that is possible with the current wording of the bill. According to the Library of Parliament's reading of the bill, it's going to effectively make them prohibited devices. There's a bit of a disconnect here.

As a quick follow-up, what kind of consultations have you had with the industry? What are some ways that we can find our way through this impasse?

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

Just one final question.

You said you wanted us to pass this bill quickly. However, you passed a firearms bill in 2019, just before I was elected, but regulations weren't made under that legislation until several years later, in May of this year.

We can see that certain aspects of Bill C‑21 would come into force by regulation, in particular the definition of an elite sport shooter and the requirement of a licence to import ammunition.

Do you think you'll make regulations sooner next time? We had a long wait last time.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

There are lots of parts to that question.

Regarding assault weapons, we introduced a national prohibition specifically to remove all those types of firearms from our communities and committed to putting a mandatory buyback program in place.

I also agree with you that the tools proposed in Bill C‑21, including harsher penalties, won't alleviate the problem if they're used in isolation. We have to introduce a series of measures simultaneously to send a very strong and clear message to all members of organized crime. That moreover is what Bill C‑21 will do by imposing harsher penalties and establishing surveillance tools both within my department and in other authorities such as police services. The goal is to let people who want to terrorize our communities know that we've had enough and they have to stop.