Bill C-21 (Historical)

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.

Firearms

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I want to reassure my colleague and the entire House that Bill C‑21 does not target hunters or gun owners. Bill C‑21 targets assault-style weapons like the ones that were used in Nova Scotia, Quebec City and Ontario. They caused a lot of deaths. That is exactly why we need to work together to protect all Canadians with policies that make sense.

Crime Prevention

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

Mr. Speaker, today I am proud to rise in the House and acknowledge the great work that is being done to keep communities safe in my riding of Markham—Unionville.

In collaboration with the York Regional Police, I will be hosting my third crime prevention town hall, which provides essential safety tips and risk-management information to the residents of Markham.

Working together with law enforcement and other levels of government is critical to understanding our diverse communities and their needs. While in Ottawa, our government has taken comprehensive steps to improve public safety through our $250-million building safer communities fund and Bill C-21, which would put a freeze on handguns in our country, increase penalties for firearms traffickers and provide additional tools to law enforcement across the country.

Telecommunications Act

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I just have a couple of quick points.

First, I would correct the minister. He referred to it as Bill C-21 a couple of times earlier in his speech. I think that maybe it is on his mind. He knows that there are great changes that need to be made or scrapped out of that bill.

As for the references he talked about in his speech, to Huawei and 5G, obviously the government finally decided to ban Huawei from our 5G network just in May.

Why did it take the government so long? It was tabled here. A motion was passed in the House a year and a half prior to its making that decision.

I am just interested to know why it took the government so long to make such a critical national security decision.

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

Mr. Speaker, I would like to thank my colleague for her very important question.

The goal of Bill C-21 is to build a bridge, a collaborative effort between the government, critical infrastructure sectors and the private sector. We developed an approach that includes excellent lines of communication in order to effectively identify the cyber-threats to critical infrastructure that might jeopardize national security and the economy.

In answer to my colleague’s question, we will work with all federal regulators to create a system to protect all critical infrastructure sectors against all cyber-threats.

Public Safety

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, we have excellent gun control in Canada, but I think the Liberals have lost their minds. They have very quietly introduced an amendment to Bill C‑21 that will ban rifles and shotguns.

Later, when the amendment was made public, the Minister of Public Safety said that no, it was not true, that the Liberals would not ban hunting weapons. The Liberals say one thing and then they turn around and say something else. We want to know if the Prime Minister has seen the list of weapons in the amendment that bans hunting weapons. They are going to be banned in Canada. Does he know what we are talking about?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, the government's misguided approach continues with Bill C-5.

Bill C-5 reduces the mandatory minimum sentences for numerous violent crimes, including crimes with firearms. Bill C-75 made it easier for criminals to get out on bail. Now, rather than going after the illegal guns used by criminals and street gangs, the Liberals are targeting law-abiding hunters, farmers and sport shooters with Bill C-21.

When will the government stop its soft-on-crime approach and get serious about public safety?

Firearms

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, the next petition I am tabling raises concerns about Bill C-21. This is a bill that would make things much more difficult for law-abiding firearms owners, and it would not effectively tackle the real problems of crime in this country. Petitioners are concerned that the government is moving forward with amendments that would, in effect, ban hunting rifles and about the extreme overreach by the government while it fails to address real issues of crime.

Petitioner have a number of asks. The first is to not proceed with Bill C-21. The second is to take stronger action against criminals, smugglers and gangs rather than law-abiding citizens, and the third is to allow the airsoft industry to continue producing and selling airsoft guns.

Public Safety

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I share my colleague's concerns. That is why, in the economic statement, we added $138 million to give tools and resources to the Canada Border Services Agency to stop illegal firearms trafficking at our borders.

That is why Bill C‑21 provides for more tools to target criminal organizations, to stop the terror they inflict on communities with their guns.

It is time for the Conservatives to stop picking fights.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I want to be clear that we are absolutely not targeting law-abiding gun owners. The guns that we are going after are the assault rifles that were used Portapique and Truro in Nova Scotia. The guns that we are going after are the guns that were used at the Quebec City mosque. The guns that we are going after are the guns that were tragically used in Polytechnique.

Those are the assault rifles that we are targeting in Bill C-21 and it would be time now for the Conservatives to stop filibustering, study the bill, debate the bill and pass the bill so we can end gun violence once and for all.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, we are all concerned about victims of gun violence, which disproportionately affects women. That is why Bill C‑21 proposes a “red flag” provision to protect women.

Again, when will the Conservatives support this important government initiative to make all Canadians safer? It is high time they did.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, the very short answer is yes. That is exactly why we introduced Bill C‑21, which seeks to give police more tools and provide surveillance tools that will help them disrupt the activities of criminal organizations trying to illegally import firearms. That is exactly why we are proposing harsher sentences for members of organized crime. I hope that the Conservatives will finally support this bill.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, given the advanced stage at which Bill C-21 is being debated by the Standing Committee on Public Safety and National Security, I would have hoped my colleague would see that the government proposes to raise maximum sentences against hardened criminals who would terrorize our communities with the drive-by shootings he describes in his question.

In addition, I am somewhat surprised the Conservatives did not support the fall economic statement, where we invested an additional $137 million to stop the illegal smuggling he is concerned about.

The only thing the Conservatives have put on the table is making assault-style rifles legal again, and that is wrong. They need to be sure they are on the right side of this issue.

Public Complaints and Review Commission Act

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, it is great to have a quick rebuttal to the last answer I heard, where the member talked about Conservatives supporting this bill. We always support good legislation that comes through.

Recently on the public safety committee, we have been reviewing Bill C-21, which is questionable legislation that is coming through. What is slowing that down now is a huge amendment that has been thrown at us, not at the parliamentary stage but at the committee stage. I want to make sure there will not be any big curveballs thrown in this when it comes before our committee.

Can I get reassurance on that from the member opposite?

Public Safety

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, that is exactly why we introduced Bill C‑21. The Conservatives have been quibbling with it since day one.

We need to pass this bill, which targets members of organized crime, aims to hand down very severe punishments to criminals and gives police more tools.

We will continue to bring forward legislation that makes sense, and we will continue to make investments to help our police and our forces at the border.

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, the amendments proposed in Bill C‑21 will set out an official definition of assault-style firearms. Thus, any new weapons that meet that definition will automatically be classified as such.

We are keeping our promise to tighten gun control by investing in Canadian communities, strengthening our borders and providing law enforcement with more tools to protect our communities. In fact, we seized twice as many illegal weapons at the border this year as we did the year before.

While Conservative politicians want to make assault weapons legal again, we are determined to keep our communities safe.