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.

Criminal Code

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I think I made my point; it is more of a comment than a question. I think Canadians can take great comfort in knowing that every party in this House supports reform. Despite the differences Liberals might have with the Bloc and the NDP, there is only one party that is so adamantly opposed to having gun reform legislation, and that is the Conservative Party.

[Chris Lewis, Conservative, Essex, ON]

Madam Speaker, if there is no question, I will make a comment with no answer. My comment is that I worked hard on this speech. I have been working on this speech for over a year and a half, so I find it incredibly shameful for that member to suggest that this speech was written for me. There are very few folks in this House who will know more about firearms than me, especially about hunting. I would ask him to retract the statement. Unfortunately, I do not think he is going to.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, I will ask my Conservative colleague a simple question.

If the Conservatives were to form government, would they scrap Bill C-21 on firearms?

[Chris Lewis, Conservative, Essex, ON]

Madam Speaker, what we would never have done is introduce Bill C-21 to begin with, because we know it is going to do absolutely nothing to curb violence. What Conservatives would have done is invest in protecting our borders and invest in our police forces to ensure that we never got to this point to begin with.

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

Madam Speaker, I would like to thank the member for Essex for bringing his point of view to this speech.

I do hear Conservatives talk a lot about hunters, farmers and indigenous communities. What I would like the member for Essex to do, for the benefit of members in this House, is name a specific rifle or shotgun that would be prohibited as a result of Bill C-21, because when I read the bill that has been reported back to the House, it specifically makes mention of something that has been “designed and manufactured on or after the day on which this [bill] comes into force”.

Does the member have a specific make or model that would actually be banned by the bill? I would like him to stay away from anything the government currently has in its power under the Criminal Code, because it is a completely separate issue, the order in council. What under Bill C-21 would be banned by it?

[Chris Lewis, Conservative, Essex, ON]

Madam Speaker, I think that was the second or third time the member has asked that question in the House. Here is the problem: The answer is that we do not know. I will tell why we do not know. It is because of the Canadian firearms advisory committee. Here we go again, one more time. “It is not as bad as people think it is. It is going to be okay. People should not worry about their firearms that take clips in the bottom, which are the same as top-loading. It is okay. We have a firearms advisory committee.” How could we possibly trust anything else that comes from the government that will not take away legal firearms?

[The Assistant Deputy Speaker, Carol Hughes]

Order. It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Elmwood—Transcona, Canada Revenue Agency; the hon. member for Port Moody—Coquitlam, Housing.

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

Madam Speaker, I am pleased to be able to take part in this report stage debate on Bill C-21 to give my voice, and to speak to my residents in Cowichan—Malahat—Langford.

I have had an intimate amount of experience with this bill, having been the former public safety critic, and I have seen just how much time it has taken up at the public safety committee. A lot of people forget that the public safety committee is also called the public safety and national security committee, and there have been important pieces of legislation held up at it because of the inordinate amount of time Bill C-21 has occupied.

Of course, things were going quite well for Bill C-21 until those very ill-advised 11th hour amendments landed on the committee's desk with no warning. That is when the whole process got completely derailed. I am thankful that, due to a lot of pressure from the opposition parties, the government finally saw sense in February and withdrew the problematic amendments that would have really impacted so many hunters, farmers and indigenous communities, because it was quite obvious they had landed with no consultation, had completely taken committee members by surprise, and were not, frankly speaking, backed up by any kind of witness testimony we had heard at committee.

Up until that point, Bill C-21 had primarily been about a handgun freeze. There were some provisions in the bill dealing with red flag laws and yellow flag laws, there was a section covering airsoft guns, and so on, but those amendments just completely expanded the scope of the bill so they were withdrawn. That is an important point to underline here, because I have been listening to the speeches on Bill C-21 for most of the day today, particularly the ones from my Conservative colleagues. A lot of their speeches had to do with standing up for hunters, farmers and indigenous communities, which are all very admirable things to stand in this House to say and do, but the problem is that their speeches are muddying the waters, because they are alluding to amendments that are no longer part of the bill.

In several questions today during debate, I have challenged my Conservative colleagues to name one rifle or one kind of shotgun that is going to be prohibited by Bill C-21. They have all deflected and changed the channel to go on to safer ground that is buoyed by their own talking points because they cannot name a rifle or shotgun that is going to be banned by Bill C-21 as they are not in there.

Instead of reading Conservative talking points, I am going to actually read the bill. The important thing here for everyone who is listening to this debate is the new definition of a “prohibited firearm”. The key clause is as follows. I will read it into the record. It states, “is designed and manufactured on or after the day on which this paragraph comes into force”.

In other words, current makes and models that are legally owned by licensed firearms owners are not touched by this bill. I underline that with an exclamation mark. They would not be touched and would still be legal. It is only for makes and models that are designed, manufactured and come on to the market after Bill C-21 comes into force.

I have heard Conservatives talk about the firearms advisory committee and how it will be stocked with Liberal appointees who will give advice and suggest that certain makes and models be banned. That is a complete red herring. I will tell members why. The government already has the power under the Criminal Code to reclassify firearms by cabinet decree. That is something that has been abused by both Conservative and Liberal governments. How do members think we got the May 2020 order in council that listed those 1,500 firearms? That certainly was not done with the aid of a firearms advisory committee, but by the Liberal government, by cabinet decree through the Canada Gazette, suddenly making a list of firearms, which was done under the existing authority of the Criminal Code.

I am actually glad there will be a firearms advisory committee, because finally we will have someone at the cabinet table advising the minister. They may come from an indigenous background, a hunting background or a sport shooting background. Why is it a bad thing to have these people provide a sober second thought on any kind of decision the government already has the power to do?

These are complete red herrings with respect to everything the Conservatives have said so far about popular hunting rifles or shotguns, which are in fact going to stay legal. In fact, I look forward to going to my local Canadian Tire and outfitting store on the day after Bill C-21 receives royal assent to show all the different makes and models that are still on sale.

There was a disappointment that I had with this bill. I put forward an amendment at committee that was going to amend the section of the bill that would provide to people an exemption from the handgun freeze. I felt that the current definition that would allow only people who were at Olympic level and Paralympic level to have an exemption from the handgun freeze was too narrow. I put forward amendments to that effect, so that it would have been expanded to the International Practical Shooting Confederation or the Single Action Shooting Society. That amendment almost passed because the Liberal member for Kings—Hants actually made a great intervention at committee where he supported my amendment, but when it came to crunch time he abstained. Therefore, on this critical amendment when he had a chance to show his constituents that he was going to sway this important part of the bill, he abstained. As a result it ended up in a five-five tie at committee and of course it was broken by the chair, so we came very close to amending that specific section of the bill.

The reason I backed this up is that during witness testimony we heard from the Canadian Association of Chiefs of Police. Their public statement on this was:

We believe that a handgun freeze is one method of reducing access to these types of firearms, while allowing existing law-abiding handgun owners to practice their sport.

I took great heart from that statement from the Canadian Association of Chiefs of Police. We had Chief Evan Bray as a witness and he backed that up. The association does believe in a handgun freeze, but it thought there should be exemptions to allow people to continue their sport shooting.

We are at the report stage and I want to address a very confusing Conservative report stage amendment to Bill C-21. I was reviewing that and I looked at Motion No. 12, which has been put forward by the Conservative member for Kildonan—St. Paul. It is shocking because the Conservatives are actually seeking to entirely delete clause 43 from the bill. Why is that important? Clause 43 is the only part of Bill C-21 that would provide an exception to the handgun freeze. It would provide an exception to anyone who has an authorization to carry and to people who are training, competing or coaching in a handgun-shooting discipline under the International Olympic Committee. For some reason the Conservatives want to delete the exemptions to the handgun freeze from the bill. Many of their other report stage amendments that they are seeking to delete are ones that in fact they played a very constructive role at committee in helping amend. The Conservatives are all over the map here on report stage. It is quite clear that Conservatives are flailing around and it is quite evident from their speeches today.

I want to briefly address ghost guns. This was a big ask from the law enforcement departments. We had Inspector Michael Rowe, staff sergeant, from the Vancouver Police Department, who did mention that the barrels, slides and trigger assemblies are a big issue for law enforcement. The advent of 3-D printing has allowed a lot of firearms to come onto the market that are completely untraceable. As the member for New Westminster—Burnaby has stated in this House, their growth has gone exponential. Therefore, law enforcement people have very clearly asked for this amendment to Bill C-21 and I am glad to see that the committee responded in kind.

I also want to salute our NDP efforts to save airsoft. It was my amendment that passed that deleted the offending section of Bill C-21 so that the airsoft community could continue to play its sport and would not be impacted by Bill C-21. I want to thank committee members for allowing that part of the bill to pass.

I will end by also saying that there was a really important amendment to the bill, which would recognize section 35 of the Constitution Act, which of course upholds the rights of indigenous peoples. Bill C-21 would not impact that and it was important to have that clarification to the bill.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, the member questioned why Conservatives are talking to deleted parts of the bill. That is because these speeches were written for them months ago, and when they write those speeches, they write them with the intention of maximizing their fundraising capabilities at the time. I hope that clarifies it for the member.

Time after time, we see Conservatives getting up and spreading misinformation about this bill. It is with the objective of nothing other than to raise money from it. I am really glad to see that there are adults in the room, including the NDP, the Bloc, the Liberals and the Greens, who are actually standing up for the best interests of Canadians.

Would the member like to comment on that?

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

Madam Speaker, I spoke to this last week when we were debating Motion No. 25. I made reference to the fact that, for the Conservatives, Bill C-21 is the goose that lays the golden eggs. That is why they have wanted to see it stuck in the House; that hoovering sound we can hear is the sound of the Conservative Party's fundraising machine raking in millions of dollars off this bill. I for one am glad to see that the committee has sent it back to the House, because there are two other important bills waiting to be heard. These are Bill C-20, which deals with important RCMP oversight, and Bill C-26, which looks at cybersecurity; these are both very pressing issues. It is high time the public safety committee got to work in addressing those other key issues.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Madam Speaker, this gives me a chance to start by correcting my colleague from Kingston's observations about speeches written weeks ago. The heartfelt commentary from my colleague about hunting on Manitoulin Island were not written for him by a speech writer who has never been to Manitoulin Island.

With regard to the fundraising issue, I am not sure that it is actually true that it raises all this money. However, if it does, and given the fact that in Canada there are very strict limits on how much money can be raised per individual, does that not make the point that thousands of Canadians care very deeply about this issue? Does it not show that they are alarmed at seeing their way of life destroyed and their property taken away from them by a government that is unconcerned about their well-being? Does that not explain why the money is being raised? Does it not also explain why the NDP has such difficulty raising money on any issue that it represents?

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

Madam Speaker, as we have heard in the public—

[The Assistant Deputy Speaker, Carol Hughes]

Seeing that there are other individuals who seem to want to ask questions or make comments, I would ask them to please hold off because it is not their turn. I did not recognize them.

The hon. member for Cowichan—Malahat—Langford.

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

Madam Speaker, the Conservatives have learned their lessons from Facebook. Facebook knows how to raise a lot of money because it keeps on pressing people's emotional buttons. This is a party that has become expert in rage farming. That is what they do. They churn it out. They take videos out of context. It is all to get people hopping up and down, mad about blatant mistruths. Yes, they have taken great lessons from Twitter, from Facebook, from everyone who has become an expert on this. They have become masters at keeping people angry so that they can rake in the cash. I will take no lessons from them on that.

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

Madam Speaker, the NDP usually agrees with nearly everything the government does here in the House. The NDP is almost like the Liberal farm team. The New Democrats agree with the Liberals on everything except one thing, which the member explained quite well in his speech. His colleague brought forward an amendment in committee to expand the exemption for sport shooters. He was trying to include groups in that exemption, including the International Practical Shooting Confederation, or IPSC.

Exempting these groups would have created a huge loophole. In fact, it would have made the handgun freeze completely obsolete and useless. The NDP, which claims to be in favour of better gun control and a handgun freeze, introduced this type of amendment in committee. I find it hard to understand why they would want to exempt as many sports shooters as possible. That attempt was nearly successful.

I would like to understand the NDP's position. Are they for or against better gun control?