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

April 23rd, 2021 / 1:05 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I thank my colleague for his speech.

I would first like to tell you that I am a granddaughter and a cousin in a family of hunters and fishers. In my view, Bill C-21 is not an attack on responsible gun owners and hunters. My colleague also mentioned this in her speech.

The bill deals with two different issues; one is firearms trafficking, and the other is possession of firearms by criminal groups. It is possible to reduce crimes committed with illegal weapons and to counter the proliferation of legal weapons at the same time.

With respect to criminal groups, I would like to hear more from my colleague about the importance of ensuring better control of firearms trafficking at the border.

This is something several groups have called for to ensure that we are protected against criminal organizations.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:10 p.m.
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Conservative

John Williamson Conservative New Brunswick Southwest, NB

Madam Speaker, I thank my colleague for her question.

Bill C-21 affects thousands of hunters, fishers and people living in rural areas by making them out to be criminals. This is bad legislation.

With regard to the border, when firearms are not registered, the penalties should be more severe. We, Conservatives, introduced a bill on that, but it was blocked by the government and some opposition MPs. Furthermore, Bill C-21 would weaken penalties for the illegal aspects.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:10 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, the member touched on a theme, and I want to ask him a question on it.

The focus of the legislation, I know for my rural constituents, seems to be targeting exactly the wrong people. I note that right after this bill was brought in, the government brought in Bill C-22, which would lessen the sentencing for robbery with a firearm, extortion with a firearm, weapons trafficking, using a firearm in the commission of an offence and possession of a weapon obtained by the commission of an offence. The government is lowering the sentences for those offences committed by actual criminals, while Bill C-21 seems to be targeting the wrong people entirely, the non-criminals.

Could the hon. member please comment on that?

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:10 p.m.
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Conservative

John Williamson Conservative New Brunswick Southwest, NB

Madam Speaker, that is my point. These two bills have to be looked at in conjunction.

On the one hand, Bill C-21 targets law-abiding Canadians by turning them into criminals, penalizing them. On the other hand, Bill C-22 lessens the criminal sanctions on the illegal use of firearms.

It makes no sense, and a Conservative government would do the exact opposite.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:10 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is a privilege for me to speak to Bill C-21, and I want to thank my colleague, the hon. member for New Brunswick Southwest, for sharing his time with me today.

Keeping our communities safe is one of the primary responsibilities of government. Whenever we find ourselves lying in bed or walking in a park, or are at work or in a classroom, every Canadian should be able to live without the fear of violence. To that end, Canada has some of the strictest laws in the world when it comes to firearms.

Indeed, Canadian firearms owners are among the strongest advocates for firearm safety and common-sense firearms laws. To me, that makes sense, but when left-leaning governments want to be seen as cracking down on gun violence and gang activity, law-abiding firearms owners take the brunt of their focus and become the target.

The problem with that approach, of course, is that registered firearms owners are not typically the ones committing any acts of violence. This means that a credible approach to tackling gun violence needs to focus on the criminals and gangs who have no regard for Canada's firearms laws and who use illegal guns in the commission of violence. Any other focus is simply virtue signalling and window dressing.

The reality is that the vast majority of gun crimes are committed with illegally obtained firearms. At least 80% of the guns used in Canadian gun crimes are illegally smuggled in from the United States. This is not particularly shocking, given that Canada and the United States have the world's longest undefended border. We are also aware that it is considerably easier to purchase firearms in the U.S. This is a reality that we must recognize in any Canadian legislative response.

Bill C-21 does not take these facts into account, which is why I was pleased to support my colleague, the member for Markham—Unionville, who put forward Bill C-238 to amend the Criminal Code to increase penalties for those alleged to be in possession of a firearm unlawfully imported into Canada and to increase the mandatory minimum penalty for the possession of such weapons.

During his speech on his bill, the member shared that he met with community leaders and law enforcement and asked them what steps the federal government ought to take to make the community safer. This was his response:

The thing I heard over and over at these meetings was that organized crime was behind the shootings, and the streets are flooded with guns smuggled from across the border. Mostly they are handguns because they are easy to smuggle, hide and carry. That should not be shocking news to anyone. Our farmers, hunters and sports shooters are not fuelling a crime wave. The shootings are gang-related, with innocent people getting caught in the crossfire.

Bill C-238 was a common-sense bill that would have taken real action to address the serious issue that we are talking about today. However, the Liberals voted against it. They actually helped to defeat it. It was a bill that would have imposed tougher sentences for criminal smuggling and on those who were found in possession of illegal firearms. If the Liberals had wanted to show that they were serious about gun violence, they should have supported Bill C-238.

Then we have Bill C-22 on the heels of Bill C-21. It was introduced by the Liberals only one day after Bill C-21. In Bill C-21, the Liberals claim to be cracking down on gun violence, and in Bill C-22, the Liberals are proposing to repeal minimum penalties for firearms-related crimes such as unauthorized possession of a prohibited firearm or weapon that had been trafficked, discharge with the intent to wound or endanger, and robbery with a firearm. These are all part of what Bill C-22 is proposing to reduce the minimum sentences for.

How disconnected does one have to be to introduce, one day, a bill that would supposedly crack down on gun violence, and the next introduce a bill that would reduce penalties for gun crime?

I speak regularly with local firearms owners. These individuals know and understand the value of well-crafted firearms legislation.

They understand their responsibilities as firearms owners and they respect the rules that are in place, but they do not understand why the Liberal government continues to target them knowing full well that the problem does not lie with them, but with criminals and gangs.

It is not just firearms owners who do not understand this. Law enforcement voices have also raised concerns. The National Police Federation said, “Costly and current legislation, such as the Order in Council prohibiting various firearms and the proposed buyback program by the federal government targeted at legal firearm owners, does not address these current and emerging themes or urgent threats to public safety.”

The head of the Canadian Association of Chiefs of Police said, “The firearms laws in Canada are actually very good right now. They're very strict.” He added:

There are lots of law-abiding citizens out there who do possess guns for very legitimate purposes. When you look at the steps you have to go through to possess a firearm in Canada, it's actually quite rigorous. Once you do get a license, the actual purchasing, the transportation, the storage…all of that has very strict laws in Canada.

In my province of Manitoba, Winnipeg Police Service inspector Max Waddell said that while a ban on all guns might seem, and I emphasize the word “seem”, like a common-sense approach, banning guns wouldn't necessarily stop gun violence:

I’ll draw a parallel. Illicit drugs are also banned. Yet we see dramatic increases and challenges around methamphetamine... [because] it’s that supply and demand force that causes individuals to obtain these firearms whether it’s to protect their drug trade, prevent harm, to use it for extortion. Whatever the criminal element is needing these guns for.

Further, Winnipeg Police Service spokesman Constable Rob Carver did not mince words at all. He said Bill C-21 “won't make any difference whatsoever.”

Despite the unequivocal evidence that gun violence is perpetrated by criminals using illegal guns, perhaps the most bizarre part of Bill C-21 is that it goes after airsoft guns.

In rural Manitoba, chances are that people have used airsoft guns personally or at least have family and friends who have done so, shooting cans from across the yard or strapping on a pair of goggles for a friendly match. As it stands, Bill C-21 will ban all airsoft guns outright, most BB guns and some paintball models in Canada as well. This bill would destroy a pastime enjoyed by over 64,000 players across Canada and risk an industry worth $100 million to the Canadian economy. Half the businesses in Canada tailored to these harmless hobbies expect to close for good, causing some 1,500 Canadians to lose their jobs in the process. This is silly and does absolutely nothing to address real gun violence in Canada.

Earlier this year, 36,600 Canadians signed a petition to stop Bill C-21's attempt to shut down airsoft and paintball. Among other calls, they simply asked the government to recognize that airsoft and paintball do not represent any public risk, and that banning them would not improve public safety. Signatories hailed from every province and territory, with Ontario and Quebec making strong showings alongside western provinces.

Canadians are rightly frustrated with this. Why is the Liberal government's plan to take legal firearms off the ranges and ban toys? We need a bill that addresses gun smuggling. We need a bill that goes after gangs. We need a bill that prevents criminals from getting access to illegal guns, and Bill C-21 is not it. Bill C-21 is a smokescreen. The bill would have no impact on the illicit use of illegal firearms in crime. Criminals do not register their guns. They obtain their guns illegally. Gangs do not register their illegally obtained guns.

The Liberals propose to give municipalities the power to create local firearms bylaws. Why would we expect that this bill would have any impact on public safety?

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:20 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, in my short time in politics, I have been to more funerals for young people lost to gun violence in my riding than I have for members of my own family. The Conservatives have reversed course on income trusts, they have reversed course on same-sex marriage, they have reversed course even on the price on pollution. You cannot do it for the love of Yonathan, or Q or Mikey or Reese, for 22 in Nova Scotia, for six in Quebec City, for 14 in Montreal, but for the love of God, can you do it for their families?

I broke with party ranks and supported your private member's bill. For the love of my city, for the love of the families, could you please reverse course and save these families more grief? Why can't you change your minds? Leave the gun lobby behind.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I want to remind the member that he is to address all questions and comments through the Chair and not to the individual members.

The hon. member for Provencher.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:20 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I want to thank the member for his passion for safety for children, youth and the citizens in his riding, and indeed right across Canada.

I too want to extend my sympathies to those who have lost loved ones, and I share regrets for folks who have lost their lives due to gun violence.

I appreciate that this member stood with Conservatives to support C-238, because it was a common-sense measure that actually attacked gang violence and gun violence in a meaningful way. Bill C-21 does not do that. If it did, we would be taking a hard look at it. We would be supportive of this bill, but as Bill C-21 stands, it will do absolutely nothing to address the violence he is talking about.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:20 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I thank my colleague for his speech.

I would like to come back to the problem in Montreal that my colleague asked a question about earlier. The mayor of Montreal has asked the government to tackle the handgun issue, and the Quebec National Assembly has unanimously called for the government to consider this problem and address it.

Quebec is concerned about this issue and has been having this debate since the tragedy at École Polytechnique. This event left a mark on all of Quebec.

When she spoke about Bill C-21 earlier, my colleague explained that the bill could be sent to committee and improved. If we do not sit down together, we will not be able to propose improvements.

I would like to hear what my colleague has to say about the fact that amendments could be proposed in committee, about the fact that we could at least rework this incomplete bill that no one seems happy with, and about the fact that it is important to sit down and work together, so we can help reduce crime in urban areas.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:25 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, that is a good question. Why not study it at committee? The answer actually is quite simple. The Liberals have indicated that they are not open to amendments, first of all, so it is almost pointless to bring it to committee. It is a bad bill. It is not going to reduce gun violence or criminal activity.

The fact of the matter is that firearms used in perpetration of crimes are typically purchased illegally. They are used by criminals. Changing the laws and attacking law-abiding farmers, sports shooters and firearms owners will not address the problems that this member has raised.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:25 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I agree that illegal guns coming across the border are very concerning, but I know that when the Conservative government was in power it cut over 1,000 jobs in the CBSA that directly dealt with this. Now we see the Liberal government not getting anywhere close to replacing those.

Does the member feel that we need to see those jobs increase, so that we see a decrease in illegal guns coming into Canada?

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:25 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, that was a great question. Do we support having an increased focus on addressing crime and illegal guns that are being smuggled in from the United States? We know that is primarily where they are being smuggled in from. When I look at the incident that happened in Nova Scotia, the records indicate that those guns were smuggled in from the United States. That was done illegally and they were possessed illegally.

We would be very supportive of focusing increased efforts to reduce that.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:25 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Before resuming debate, I want to remind the hon. member that there are only three minutes for the debate. He will be able to continue later on.

The hon. member for Kingston and the Islands.

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April 23rd, 2021 / 1:25 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I am pleased to rise today in the House to speak to Bill C-21, even if just for a couple of minutes today, and I will continue the next time it is before the House.

I am very pleased that this legislation has come forward, and I say this as somebody who has a lot of hunters in his family. My mother comes from a family of seven children, and all three of her brothers are hunters. One owns a hunting lodge property that he hunts on near Westport, Ontario. My father-in-law comes from a hunting and fishing lodge, where he, his father and grandfather, three generations, trained hunters. They brought people from throughout North America to Plevna, Ontario, where they hunted and fished.

I was very pleased to see, and to have heard from my family members, that the bill does not concern them. Because of some of the fearmongering from various organizations and political parties, a lot of concern was raised by them. However, once I was able to sit down with them and explain exactly what the situation was, they did not have an issue with it. Quite frankly, they do not believe in guns that are designed to inflict the maximum possible human damage, and they are not interested in using them when they are hunting at a hunting and fishing lodge or when they are sport shooting.

There is a real complexity to this, and I am trying to understand where the Conservatives are coming from and why they seem to be so opposed to it. I have started to put some of that together in my mind, which I plan to share when the bill next comes back for debate. It is important that we start to look at why the Conservatives are so opposed to this, and look at some of the actions they have taken along the way to get us here. I look forward to doing that the next time the bill is before the House.

Criminal CodeGovernment Orders

April 23rd, 2021 / 1:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member will have 17 minutes and 39 seconds the next time this matter is before the House.

It being 1:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.