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)

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:25 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, it is hard to know where to start with the disinformation. I am perplexed by the issue of report stage amendments. The Conservatives have filed amendments that do the contrary to what their position was at committee. I can understand why the member could not defend the report stage amendments. They are kind of bizarre and contradictory.

On the issue of the filibuster, we have had law enforcement right across the country say, effectively, that we needed to put in place these provisions that combat ghost guns, which are used only by criminals. We have seen this on the lower mainland. There is a proliferation of ghost guns; in some cases, anecdotally, a 100% increase in ghost guns has been seen per month.

Why did the Conservatives, for weeks, block provisions around ghost guns that are desperately needed by law enforcement?

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:25 a.m.

Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, the member is spreading purposeful misinformation or disinformation. I know, for a fact, that I have done more consultation with police than that member has, particularly on ghost guns across the country. I have been on that committee for a year and a half, and we have talked extensively about ghost guns.

What surprises me is that the Liberal government did not include ghost guns in the original form of its bill. If ghost guns were so important to the government, why did it not do that?

Why did it make us wait for months to talk about it? Why did the minister make us wait for six weeks? It is not on us to make up for all the time that he wasted.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Madam Speaker, it is a privilege to rise today on legislation that I know will help save lives in our country.

I am very pleased to see the member for Kildonan—St. Paul. We missed her at committee the last couple of days.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

There are two points of order, and one is my fault. The hon. member is a bit too early for his speech, which is my mistake.

I should have recognized the hon. member for Avignon—La Mitis—Matane—Matapédia first.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

An hon. member

No.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Agreed.

I want to remind the hon. member that we do not refer to the absence or the presence of members both in the chamber and at committee. I believe that is the hon. member's point of order.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, on a point of order, since the subject is about me. I would like to know if the member would like to see a doctor's note. Is he my father now? Do I need his permission not to go to committee—

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

We do not refer to the presence or absence of members. The hon. member should apologize to the hon. member for making reference to that.

The hon. member for Vancouver Granville.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Madam Speaker, I apologize to the member opposite unequivocally.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member has the floor for his speech.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:30 a.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Madam Speaker, as has now become very clear, I am a member of the Standing Committee on Public Safety and National Security. We have spent months on the legislation.

I thank my colleague from Avignon—La Mitis—Matane—Matapédia and my colleague from New Westminster—Burnaby for their work and their co-operation. We worked together to introduce a better bill for Canada and for Canadians.

It is also important that we remember something the CCFR probably does not want us to know but Canadians should. In committee, the Conservatives voted time and time again to support our amendments on this bill. Many of those good people know that legislation gets done in the committee room and not on social media. It is important to realize that.

I want to thank those members who were there to debate and to ensure that we improved the legislation. I want to particularly thank the member for Bruce—Grey—Owen Sound, who put forward an amendment that we all supported. That is how we should get things done in the House.

The process has been long and challenging, but we have ended up in a place where we have legislation that would keep our communities and our country safer, but would also preserve the way of life of many who hunt.

We have heard from professionals, victims of crime and their families, and also indigenous communities and hunters. Our government promised Canadians that we would provide a comprehensive and effective strategy to protect communities from gun violence, and we are making good on that promise.

Developing good laws is not just about theory. It is about much more than sitting in a black box and making things up. It is about learning and understanding.

When we started debating the bill, I was challenged by members opposite to take my PAL course so I would understand how firearms worked, because that was the claim that some made but, most important, to understand gun owners, those who want be gun owners, hunters and gun enthusiasts.

It was an important process for me to take that time to talk to them, both urban and rural, to build my understanding of what they thought and what mattered to them. I did this because at committee we had folks who would come and claim that they spoke for gun owners across the country. It very quickly became apparent that they did not.

First, the vast majority of gun owners support common-sense gun laws and they want safer communities for all of us. They are not fiercely partisan people with an axe to grind with our government or other governments. They are not interested in fiery rhetoric or in gaslighting people with silly tweets and rage-forming videos of out-of-context clips from the House of Commons.

They are good people who love our country and know that sometimes we must make difficult decisions to keep the country safer. They abhor ad hominem attacks on their fellow Canadians, and they are disgusted by the type of vitriol spread by organizations like the CCFR.

They find it distasteful when they see politicians choosing to use this “taking their guns away” narrative for personal gain or to fundraise by misleading them and taking them for fools. They know better than to be told by members opposite that gun ownership is a right in Canada, that we have some equivalent to a U.S. amendment right. They know that is simply not true. They have my utmost respect, and I want them to know that we have heard them.

Second, I learned, and I heard from them, that they take seriously the responsibility of gun ownership, particularly when it comes to getting guns intended to kill as many people as possible off our streets. They know, just as we do, that gun crime is not just an urban issue; it affects Canadians of all walks of life. They know that when it comes to suicide, guns in the home are a major issue we need to address.

The vast majority of gun owners are law-abiding citizens and, contrary to what they might hear, this law would not affect them. The four criteria that make something a prohibited firearm are: first, a firearm that is not a handgun; second, discharges centre-fire ammunition in a semi-automatic manner; three, designed with a detachable cartridge magazine with a capacity of six cartridges or more; four, and the one thing that members opposite conveniently forget to include, that it is designed and manufactured on or after the date on which this paragraph comes into force.

We keep forgetting that. It is really important that Canadians hear the truth. Let us think about that in the context of what we hear from the opposition. If a gun does not meet those criteria, it is not considered to be prohibited. I am not sure why those members choose to mislead Canadians.

Our government understands that for some communities the ability to hunt means being able to feed their family. It is part of the way of life for many Canadians, particularly in the north, where it is a matter of survival. The bill would protect their ability to do that.

We have also ensured that the bill respects the right of first nations, Inuit and Métis communities from coast to coast to coast. It includes a specific amendment that states clearly that nothing in this definition would infringe on the rights of indigenous peoples under their section 35 rights of the Constitution. By including this non-derogation clause for indigenous people, we are reaffirming their section 35 rights and we are meeting our UNDRIP obligations.

We also have to ensure that we do what is required to keep our communities safer. For me, the element of the bill that I am most keen to see us get right is to get ghost guns off our streets.

Law enforcement agencies across the country want us to act quickly. They have seen an increase in the use of ghost guns, and today we have an opportunity to respond to their request and ensure we do what we can to keep pace with criminals and hold them accountable. We have a chance to address unlawfully manufactured, unsterilized, untraceable firearms and their parts.

For those who do not know, ghost guns can be 3-D printed or modified using readily available kits. Blueprints for these guns are available online. People can download them and literally print them at home. With modern 3-D printers, they can produce a durable firearm capable of shooting hundreds of rounds without a failure. Combined with parts they can order online, they have a viable gun ready for use in crimes in no time.

I had the privilege of getting to know and hear from Michael Rowe, an inspector with the VPD. He has been a vocal advocate for dealing with ghost guns. He is among the experts in the world on this topic. He told our committee:

...one of my teams recently completed an investigation in which we executed search warrants on a residential home. Inside this home, we located a sophisticated firearms manufacturing operation capable of producing 3-D printed firearms. They had firearm suppressors and they were completing airsoft conversions—converting airsoft pistols into fully functioning firearms..

He also said:

...one of the trends we're seeing out here in Vancouver right now is the use of privately made firearms or “ghost guns”. During the gang conflict, we're seeing more ghost guns, specifically in the hands of people who are involved in active murder conspiracies or people who are believed to be working as hired contract killers

Let me be clear that the only people using ghost guns are criminals. There is no legitimate reason to have one.

When we previously withdrew amendments to Bill C-21, an important definition was removed, and I am so pleased that the definition is now back and supported by so many in the House. This definition will define firearms parts in the Criminal Code. Ensuring that those buying barrels, slides and trigger assemblies online are subject to the same rules as those buying guns will make it harder for criminals to hide. It will make it harder for criminals to make their guns at home.

The amendments that we have introduced to address ghost guns are yet another reason why Bill C-21 is so important and why we must get this passed. I believe strongly that all members here can agree that this growing issue needs to be addressed urgently. These ghost gun amendments received wide support from all members of our committee, and it is important to recognize that. It is a need that our law enforcement agencies have addressed and we must take it on head-on. Police services across the country have sounded the alarm on this and we have responded.

We have also introduced other provisions in the bill that are important and are aimed at fighting gun smuggling and trafficking. We are going to change the laws that will increase maximum criminal penalties and provide more tools for law enforcement agencies to investigate firearms. We have already made substantial investments and continue to invest in strengthening the RCMP's and CBSA's capacity to intercept guns coming across our borders. We know that it is working, because they intercepted nearly double the number of firearms coming in across the border than they did last year.

A lot of work is being done, but it is also important for us to remember all the people who have asked us for action.

Today, as I stand here, I am thinking of the important rights that we must preserve for indigenous communities. The ways of life in the north must be preserved. However, I also think of the victims of the Quebec City mosque massacre, of the Danforth families, of the Polytechnique families, of the women who go home and are threatened by intimate-partner violence, of those who turned to their firearms for suicide, and many more. So many of those are victims of gun violence perpetrated by legal guns. To them, we owe a responsibility, and for people like Ken Price who has been an advocate for those parents who will never see their child grow up and for the 17 kids at the mosque in Quebec City who lost their dads.

Every day that I walked into the room to debate this bill, in the back of my mind there was a thought for those and all that we lost as Canadians every time one of these incidents happened: the lost potential, lives cut short, the person who might have been the scientist who cured cancer, the Olympic skier, the friend we could count on when things got tough, the young woman who might have been prime minister, the families that will never be the same and the communities that have been torn apart forever. For them, we must do our part. It is not just about thoughts and prayers; it is actually about stepping up and taking action. If we do not, we will only have ourselves to blame the next time something terrible happened.

In every faith tradition, we speak of the preservation of life. In my tradition, the Quran says, “whoever chooses to save a life is as though he had saved all mankind.” I hope that in the House we will count ourselves among those who make that choice.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:40 a.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I listened with great interest to the member's speech, and I heard much of the same rhetoric as I did during my participation at the public safety committee, although I do not think the member and I overlapped in our time at committee.

However, I do find it somewhat discouraging that, whenever the Liberals seem to be losing on any issue, and it is not limited to this, they simply say that the Conservatives are being partisan. They say things like we are bringing American-style politics into it, when the reality is that we heard from firearms owners across the country, many common-sense Canadians, who are feeling their voices silenced because of the Liberals' refusal to engage with that ownership community and so many others across the country who have valid concerns about Bill C-21 and the government's approach to confiscating, in many cases, the legally owned firearms of Canadians.

How can that member reconcile what he just said with the fact that so many Canadians are being silenced by his actions?

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:40 a.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Madam Speaker, I do recall overlapping with him, and we had excellent exchanges at committee.

I think it is important for Canadians to get their information where the information actually resides, and not from misinformation. The facts are clear. The legislation is clear, and the amendments are clear. I would invite any Canadian who is concerned about whether they are affected to read the law and what is contained within it. I think they will be satisfied that the vast majority of gun owners in this country would not be affected.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:40 a.m.

Bloc

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

Madam Speaker, I applaud the government for withdrawing its amendments on assault weapons in February and for tabling a new and, I think, improved version in May. However, not everyone is happy with this new version because it only applies prospectively. It affects only new weapons that will be coming on the market in future.

In May 2020, the government's order in council came under criticism because it was considered incomplete. People would have preferred an order in council banning guns that met the Criminal Code definition of a prohibited weapon. It was missing the definition. Now, the definition is there, but the government has decided to keep 480 models of firearms on the market even though most of them were developed for military purposes.

At this point, with the passage of Bill C-21, the right thing for the minister to do would be to ban these firearms by order in council, taking care not to ban those that are reasonably used for hunting. Would my colleague agree with me that this is what the minister should do at this point?

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 10:45 a.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Madam Speaker, I thank my colleague for her comments and her hard work on this file in committee.

I cannot speak for the minister, but it is important for us to work together to improve our laws when we have the opportunity to do it, so we can protect Canadians' lives. The reality of a minority Parliament is that we have to collaborate with the other parties. I am very proud of the work we have done. I think that this bill is now an excellent bill for all of us, for the country. However, it is always possible to make improvements and to work together to do just that.