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

Sponsor

Marco Mendicino  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 has also written a full legislative summary of the bill.

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.

Similar bills

C-21 (43rd Parliament, 2nd session) An Act to amend certain Acts and to make certain consequential amendments (firearms)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-21s:

C-21 (2016) Law An Act to amend the Customs Act
C-21 (2014) Law Red Tape Reduction Act
C-21 (2011) Political Loans Accountability Act
C-21 (2010) Law Standing up for Victims of White Collar Crime Act
C-21 (2009) Law Appropriation Act No. 5, 2008-2009

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 20th, 2022 / 1:50 p.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Madam Speaker, I read a number of days ago with great interest a story about an Ottawa-area lifelong hunter who had his firearms taken away because of a tip from a local community mental health area that said the man was not taking his medication. Police moved immediately and seized this man's firearms. It was only after petitioning a judge and demonstrating to a judge that he did not have any mental issues that he got his firearms back.

I found it curious that the member said we currently do not have the capacity to take firearms away from people who are going through mental distress, when we see quite clearly here in the Ottawa area that it is already happening. Would the member not agree that the government and the police already have these tools?

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, I do not know the specific example the member speaks of, but embedding red flag and yellow flag laws within legislation would only give additional tools to law enforcement and individuals who suspect that someone has suicidal ideation or may harm others. That is a good thing. We can all probably agree that the fewer the number of individuals who commit suicide via a firearm and the fewer the number of people who are in firearms shootings, the safer Canada will be.

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Bloc

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

Madam Speaker, I would like to know why my colleague's government decided to go with a freeze rather than a ban. As members will recall, the May 2020 assault weapons ban and regulations came into effect immediately. Now, the government is proposing a freeze on handguns but has realized that it will not take effect for 30 business days.

Why did the government not take a different approach to ensure that this could be implemented quickly? If the government were really serious about getting handguns off our streets, it would have taken a different approach.

I would like my colleague to explain to me why his government decided to go with a freeze rather than a ban.

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, the hon. member's question is a good-faith question, and I appreciate it.

The freeze on handguns definitely limits the market. It starts to regulate the market so that there will be no more handguns in circulation in Canada from the moment this bill reaches royal assent. That allows us to start to understand and work on the issue of getting guns off the streets in a way that respects the lawful possession and acquisition of the firearms that many legal, law-abiding gun owners have. It is a compromise and a good step forward.

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, one thing my colleague's party promised in 2019 was to make sure that the CBSA had the resources it needs to detect and stop the flow of weapons at our borders. Just like the Conservatives did with Veterans Affairs when they cut a third of the staff, which has led to a backlog of over 40,000 disability applications for veterans, they cut 1,000 positions at the CBSA, which are required to stop the flow of weapons at the Canada-U.S. border.

My colleague touched on some of the improvements the government is going to make at the CBSA, but when will it fully restore all of the positions that were cut by the Conservatives, and in fact bolster them, given the increase in gun violence and the illegal importation of weapons coming into Canada?

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, our government knows that illegal gun smuggling is important, as is increasing the investigative capacity of the CBSA and the RCMP to investigate purported gun smuggling and crack down on it. We have increased the penalties for those who are caught, from 10 to 14 years. To my knowledge, we are increasing capacity at our borders and ensuring that our law enforcement agencies can share data and information to have better intelligence on these matters.

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, very few recent mass shooters in this country had criminal records of any kind. Consider shootings in Fredericton, Danforth, Quebec City and Moncton. Could the member comment on how Bill C-21 would help reduce and even eliminate mass shootings across the country?

Criminal CodeGovernment Orders

June 20th, 2022 / 1:55 p.m.

Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, this goes to show that just because people are law-abiding gun owners when they purchase a gun does not mean they are not capable of committing an act in a heated moment. It is important for us to realize that limiting gun ownership and restricting guns are going to help reduce gun crime.

The House resumed from June 20 consideration of the motion that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) be read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:10 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I will begin by saying I will be sharing my time with the always incisive member for Rivière-du-Nord.

Some debates are complex, difficult and delicate. They elicit strong reactions, and even divide us and help create rifts in our society. The debate on Bill C-21 is a striking example.

I remember that this is the first file I commented on publicly after I was elected for the first time in fall 2019, and here we are at the end of the session in my second term, in June 2022, and we are still talking about it.

I would like to point out that the Bloc Québécois will still be voting in favour of Bill C-21 at second reading, but we believe that the bill should be improved in committee. My colleagues can rest assured that the Bloc will try to be as constructive as possible, but our now-famous dynamic duo, namely the hon. member for Rivière-du-Nord and the hon. member for Avignon—La Mitis—Matane—Matapédia, could explain it better than I can, since they have asked the Minister of Public Safety many questions on the issue. I will begin my speech by addressing certain aspects of Bill C-21, then certain points more specifically related to femicide and, lastly, other points focusing on domestic violence.

First, given the numerous events in the news in Montreal lately, Bill C-21 is a step in the right direction, but it will have little effect in the short term and change practically nothing in the streets of Montreal. The most important new feature in this bill is a complete freeze on the acquisition, sale and transfer of handguns for private individuals. Legal handguns will therefore disappear on the death of the last owner, since it will be impossible to bequeath or transfer the guns to others.

However, the bill includes exceptions for people who need a handgun to perform their duties, such as bodyguards with a licence to carry, authorized companies, for filming purposes for example, and high-level sport shooters. The government will define by regulation what is a “sport shooter”.

Those who already own a handgun will still be able to use it legally, but they will have to make sure to always renew their licence before the deadline or lose this privilege. The bill freezes the acquisition of legal handguns, but we will have to wait many years before all of the guns are gone, through attrition. In contrast, the number of illegal guns will continue to grow.

The federal government estimates that there are more than one million legal handguns in Canada and that more than 55,000 are acquired legally every year. The federal freeze would therefore prevent 55,000 handguns from being added to the existing number, but it does nothing about the millions of guns already in circulation. The Bloc Québécois suggests adding handguns to the buyback program in order to allow owners to sell them to the government if they so wish. In short, we are proposing an optional buyback program.

However, one of the problems is that, according to Montreal's police force, the SPVM, 95% of the handguns used to commit violent crimes are purchased on the black market. Legal guns are sometimes used, as in the case of the Quebec City mosque shooting, and it is precisely to avoid such mass shootings that the Bloc Québécois supports survivor groups in their demands to ban these guns altogether.

Bill C‑21 does nothing about assault weapons either, even though manufacturers are custom designing many new models to get around the May 1, 2020, regulations. The Bloc suggests adding as clear a definition as possible of the term “prohibited assault weapon”, so that they can all be banned in one fell swoop, rather than on a model-by-model basis with taxpayers paying for them to be bought back. The government wants to add to the list of prohibited weapons, but manufacturers are quick to adapt.

Also, Bill C‑21 will have no real impact on organized crime groups, which will continue to import weapons illegally and shoot people down in our streets. The Bloc Québécois has tabled Bill C-279 to create a list of criminal organizations, similar to the list of terrorist entities, in order to crack down on criminal groups that are currently displaying their gang symbols with total impunity while innocent people are dying in our streets. My colleague from Rivière-du-Nord will discuss this bill in more detail, since he is the sponsor.

The most important thing for getting to the heart of the problem is reducing the number of guns available. Bill C‑21 increases prison sentences for arms traffickers, from 10 years to 14, and makes it an offence to alter cartridge magazines. It was already illegal to possess cartridge magazines that exceed the lawful capacity, but the government is now making altering cartridge magazines a crime.

Second, as the Bloc Québécois critic for status of women, I am regularly asked about this type of bill. What is interesting in this case is that Bill C‑21 incorporates the red- and yellow-flag system from the former Bill C-21. With the red-flag provisions, the Criminal Code will allow any individual to ask a judge to issue an order to immediately confiscate firearms belonging to a person who could be a danger to themselves or others, and even to confiscate weapons belonging to a person who might make them available to a person who poses a risk. The order would be valid for 30 days, and judges could take measures to protect the identity of the complainant.

The yellow-flag provisions would allow chief firearms officers to temporarily suspend a person's firearms licence if they have information that casts doubt on the person's eligibility for the licence. This suspension would prevent the person from acquiring new firearms, but it would not allow for the firearms they currently own to be seized. However, the person would not be allowed to use those firearms, for example at a firing range.

A new measure in this version of Bill C-21 is the immediate revocation of the firearms licence of any individual who becomes subject to a protection order or who has engaged in an act of domestic violence or stalking. This measure has been lauded by many anti-femicide groups, like PolyRemembers. There are several such groups, far too many, in fact.

This includes restraining orders and peace bonds, but also, and this is interesting, orders concerning domestic violence and stalking, including physical, emotional, financial, sexual and any other form of violence or stalking. A person who was subject to a protection order in the past would automatically be ineligible for a firearms licence.

However, there is another problem in relation to gun smuggling. The bill contains only a few measures and, I will say it again, it does not mention a buyback program for assault weapons or even the addition of a prohibited assault weapons category to the Criminal Code, two things that are absolutely necessary.

It is important to point out that 10- and 12-gauge hunting rifles are not affected by the ban. The gun lobby tried to sow doubt with a creative definition of a rifle's bore, which is now limited to under 20 millimetres. The bill therefore does not affect hunters. I know that many hunting groups are concerned about the new measures, but we need to reassure them that assault weapons are not designed for the type of hunting they do.

Getting back to assault weapons, the government as already planning to establish a buyback program through a bill in order to compensate owners of newly prohibited weapons, but it did not do so in the last legislature. If the government persists in classifying guns on a case-by-case basis, the number of models of assault weapons on the market will continue to rise. That is why the Bloc Québécois suggests adding a definition of “prohibited assault weapon” to the Criminal Code so that we can ban them all at once.

The Liberals keep repeating that they have banned assault weapons when there is nothing preventing an individual from buying an assault weapon right now or going on a killing spree if they already have one, since a number of models remain legal. Having already come out against this in Bill C‑ 5, the Liberals are also sending mixed messages in removing mandatory minimum sentences for certain gun crimes.

Third, I know that this bill will not stop all cases of femicide, but it is significant as part of a continuum of measures to address violence. There is still much work to be done, for example in areas such as electronic bracelets and health transfers, to provide support to groups that work with victims and survivors.

On Friday, the Standing Committee on the Status of Women tabled its report on intimate partner and family violence in Canada, and that is essentially the message I wanted to convey in my supplementary report. I hope it will be taken seriously. We will also need to work on changing mindsets that trivialize violence and try to counter hate speech, particularly online.

To talk a little bit about the bill, it relates to cases of violence, and we mentioned electronic monitoring devices. The bill would provide for two criminal offences that would qualify for electronic monitoring, including the authorized possession of a prohibited or restricted firearm or ammunition. That is a good thing. Something worthwhile came out of the work that we did at the Standing Committee on the Status of Women.

In closing, we are not the only ones who are saying that this bill does not go far enough or that it needs more work. The mayor of Montreal herself said that this bill does not go far enough. She said, and I quote:

This is an important and decisive measure that sends the message that we need to get the gun situation under control. The SPVM is making every effort to prevent gun crime in Montreal, but it is going to be very difficult for police forces across the country to do that as long as guns can continue circulating and can easily be obtained and resold.

There is still work to be done, and we must do it. We owe it to the victims. Enough with the partisanship. Let us work together constructively to move forward on this important issue. We cannot stand idly by while gunshots are being fired in our cities, on our streets and in front of schools and day cares. Let us take action to put an end to gun culture.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:20 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I appreciate the fact that the Bloc members are going to be voting in favour of the legislation, yet I am a bit surprised about the most recent vote. Surely to goodness they recognize that the Conservative Party of Canada does not support the legislation and that it is the Conservatives' intent to see the bill never go to committee, yet the Bloc seems quite content to allow the Conservative Party to filibuster it at second reading. I was surprised that the Bloc is not recognizing the value of having time allocations, given the track record of the Conservative Party.

To that end, my question to the member is this: To what degree does the Bloc party want to see this legislation ultimately passed? She made reference to the fact that it is an important issue, which we know it is. If it goes to committee, she indicated there could be some possible amendments. Would she like to see the legislation ultimately passed before the end of this year?

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:25 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I would like to thank my hon. colleague from Winnipeg North for his question.

I believe I mentioned this in my speech, but we do want to work on the bill. We do want to study it in committee. That is not the issue. The previous vote was to condemn an affront to democracy.

Right now, the Liberals are constantly imposing closure. They are ultimately the only ones responsible for their legislative agenda, and they have done nothing. They are also responsible for the Conservatives' current filibustering. These two parties have led us to a dead end.

That is what we were condemning in the previous vote, not Bill C-21. Frankly, this government offends against democracy. It is acting like a majority government when it is in fact a minority government. That is the mandate it was given by voters. That offends me.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:25 p.m.

Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I would like to congratulate my colleague from Shefford for her fantastic speech, as well as for her passion, especially on this issue that affects her profoundly and personally. Bravo.

Our constituents ask us about this issue. It comes up all the time in my riding, Drummond, because there are many airsoft fans there. They are concerned. They do not understand why these toy guns were not immediately excluded from the bill, since they only look like weapons and are essentially harmless.

The fact that we are unable to debate this bill for any length of time means that details like that may be ignored and overlooked. That troubles me. I would like to know what my colleague thinks.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:25 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, we are also concerned, and that is why I said that the bill is incomplete. We need to review the matter of airsoft guns and rework the bill accordingly in committee.

This is obviously not the final bill. We hope to be able to make amendments and rework it constructively in committee, as I said before. We should not be accused of being obstructionist because of the previous vote. As I mentioned to my colleague from Winnipeg North, that is what some people are saying in light of the Conservatives' filibustering, but we do not want to be associated with that. We really want to move this bill forward by proposing constructive amendments.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, to follow up on the question that was just posed to the member, is it the position of the Bloc Party that there should be no restrictions on airsoft guns?