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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is now 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 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

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)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-21 aims to reduce gun violence through several measures: implementing a national freeze on handgun sales and transfers, establishing "red flag" and "yellow flag" laws allowing for firearm removal in threatening situations, increasing penalties for firearms smuggling and trafficking, and prohibiting replica firearms. Some argue the bill focuses too much on legal gun owners and not enough on illegal gun crime, while others highlight the bill's importance in preventing gun violence, particularly in cases of domestic abuse and mental health crises. The bill seeks to address both domestic diversion of legal firearms and illegal smuggling across borders.

Liberal

  • National handgun freeze: Bill C-21 would introduce a national freeze on handguns, preventing anyone from buying, selling, transferring, or importing them, with limited exceptions for law enforcement, security, and international competitions. The goal is to cap the market and halt the growth of handguns in Canada, which has been linked to an increase in gun violence and homicides.
  • Combating organized crime: The bill aims to combat organized crime by raising the maximum sentences for illegal gun smugglers and traffickers at the border from 10 to 14 years, sending a clear message that they face greater risks of stiffer penalties. It also grants new investigatory powers to police by adding to the eligible offenses under the Criminal Code under the specific category of firearms offenses.
  • Addressing gender-based violence: Bill C-21 introduces red flag laws, allowing anyone to ask a court to seize guns or suspend licenses of individuals posing a threat to themselves or others, with amendments to protect the applicant's identity. It also introduces yellow flag laws that would limit the discretion of authorities by requiring the automatic revocation of the gun licence of anybody who was subject to a restraining order or would be subject to a restraining order in the future.
  • Broader gun control strategy: Bill C-21 is part of a broader strategy that includes a national ban on AR-15s, a mandatory buyback program for assault-style rifles, strengthened background checks, and the $250-million building safer communities fund to address the root causes of gun crime. Members asserted that the government's approach does not target law-abiding gun owners and that the intent is to reduce illegal and unsafe gun ownership and use.

Conservative

  • Ineffective and misdirected: Conservative members argue that Bill C-21 is an incompetent, misdirected attack on law-abiding citizens that is too soft on criminals. They say it is a vendetta against Canadians and believe that the bill will actually make Canadians less safe.
  • Faulty data: Members argue that the government does not have the data to support the claim that the bill will reduce gun violence. They say there is missing and conflicting data on where guns used in crimes come from, whether they were stolen, straw purchased, or smuggled in from the U.S.
  • Punishing law-abiding citizens: Members state that the bill targets only legal gun owners and law-abiding citizens who have been vetted and background-checked. They argue that it is not the criminals in Toronto who are impacted, but the sport shooting community.
  • Border security focus: Members suggest that the government should focus on border security and invest in technology and personnel to stop the smuggling of guns from the United States. They say that the government should work with the U.S. to stop the flow of illegal guns.
  • Divide and control: The bill is another attempt to control law-abiding Canadians and that the Prime Minister wants to weaponize issues to stigmatize and divide Canadians. They note the Prime Minister's hypocrisy, and what they say is a willingness to compromise the independence of the RCMP for political interests.

NDP

  • Support sending bill to committee: The NDP supports sending Bill C-21 to committee for further review and refinement. Members have questions and concerns that they hope will be addressed during the committee process.
  • Address root causes of gun violence: Gun violence is a multifaceted issue influenced by poverty, inequality, racism, mental health, social isolation, substance abuse, and extremist ideologies. Comprehensive solutions must include data collection, research, prevention, intervention, and collaboration across government, law enforcement, and civil society.
  • Balance gun control with responsible ownership: The NDP acknowledges the concerns of legal gun owners, particularly in rural ridings, while also recognizing the need to address gun violence, especially in cases of domestic violence. They strive to balance responsible gun ownership with measures to enhance public safety.
  • Airsoft and replica firearms: The NDP is concerned about the potential impact of Bill C-21 on the airsoft community and related businesses, emphasizing the need for consultation and a workable solution that balances safety concerns with recreational activities. There are also concerns about the potential for airsoft weapons to be altered to hold real ammunition.

Bloc

  • Supports the bill: The Bloc Québécois views Bill C-21 as a step in the right direction, especially since the previous version was unsatisfactory to both sides of the debate. However, they believe the bill requires improvements through amendments, and does not go far enough.
  • Focus on illegal weapons: A primary concern for the Bloc is the prevalence of illegal firearms used by criminal groups, particularly in the Montreal area. They believe that Bill C-21 does not adequately address the illegal arms trade or provide sufficient tools for police to combat gun smuggling across borders.
  • Assault weapon definition: The Bloc criticizes the government's approach to banning assault weapons, favoring a clear definition of “prohibited assault weapon” in the Criminal Code over a case-by-case listing of models. They believe that the current approach does not stop manufacturers from adapting their designs to circumvent the regulations.
  • Organized crime registry: To combat gun violence, the Bloc Québécois proposes Bill C-279 to establish a list of criminal organizations, similar to the list of terrorist entities, in order to crack down on criminal groups. They view this as a tool to help provide police officers with more means to act.
  • Border security shortcomings: The Bloc is critical of the federal government's handling of border security and believes that the government isn't managing their jurisdiction. They emphasize the need for increased resources and expanded mandates for border services to combat gun smuggling and better patrol the border between official points of entry.

Green

  • Supports key provisions: May believes Bill C-21 could have saved lives in instances like the Nova Scotia shooting, particularly with provisions allowing ex parte motions based on concerns about individuals threatening others. She emphasizes the importance of these measures in cases of potential violence, including intimate partner violence.
  • Expresses concern over rushed process: May voices concern over the invocation of time allocation, arguing that the bill is complex and requires thorough study. She emphasizes the need for more time to debate, study, and seek consensus, especially given the government's own changes to the bill since its previous version.
  • Process improvement suggestions: To improve the legislative process, May suggests banning the practice of reading speeches to encourage more genuine debate among fewer MPs. She also proposes increasing the number of sitting days to allow for more thorough consideration of legislation.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

June 21st, 2022 / 5:05 p.m.

The Assistant Deputy Speaker Carol Hughes

As the hon. member knows full well, I have ruled on this on a number of occasions, especially yesterday. I will remind him that as the Chair has previously pointed out, the motion adopted on May 2 simply states that a minister must have the agreement of another House leader. It does not require that the parties to the agreement communicate to the House, and it is not my responsibility to judge that. Therefore, I remind the member, and any other members who wish to stand on this, that I will not accept any other points of order on the motion the minister has tabled.

The hon. member for Saint-Hyacinthe—Bagot.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:10 p.m.

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Madam Speaker, we are currently discussing a bill that would strengthen gun control. We are prepared to study it and analyze it in committee.

However, as the Montreal police have fully shown and documented, most gun violence is committed with illegal weapons, contraband weapons.

Why is it that the government is not taking steps to stop this smuggling, despite all the pressure we have been exerting for a registry of criminal organizations and more measures at the border?

Criminal CodeGovernment Orders

June 21st, 2022 / 5:10 p.m.

Liberal

George Chahal Liberal Calgary Skyview, AB

Madam Speaker, this bill does address some of the issues on smuggling at the border that have been brought forward by my colleague.

I also want to acknowledge that in urban centres, our government has supported municipalities through the building safer communities fund by providing Canadian municipalities with $250 million for crime prevention. It is money to make sure youth in our communities, the kids who are vulnerable, do not get involved in this type of activity. I would love to work with the members across the aisle to ensure that we learn from each other to see what is working well across Canada and to make sure we support each other in our communities.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:10 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, the member mentioned the red flag provision, which is an important provision. Community members are saying, though, that the process the bill outlines is an onerous one because people have to petition the courts to put it in place.

How would the government address this issue? We need quick action when it comes to saving lives.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:10 p.m.

Liberal

George Chahal Liberal Calgary Skyview, AB

Madam Speaker, we want to bring forward red flag and yellow flag provisions to make sure we avoid some of the challenges and make sure that when folks who should not have guns pose a threat to their partners, their guns can be taken away, as needed.

We need to continue to work with many of our stakeholders. I spent a lot of time as chair of the public safety task force in the city of Calgary. I worked with community members. I heard from community leaders and stakeholders who really wanted us to move on these issues, and I am happy that we have addressed them in Bill C-21.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:10 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, from time to time, I have been critical of the record of the Liberal government when it comes to fiscal matters. It has consistently shown that it has no clue how an economy works and what policies are good for Canadians.

In fairness though, I feel I must congratulate the Prime Minister and the Minister of Public Safety for their unintentional boost to the Canadian economy with Bill C-21. It is so rare that a Liberal policy is designed to provide economic stimulus that I feel this is worth noting.

Maclean's magazine's Ottawa bureau chief Shannon Proudfoot featured an interview with gun shop owner Ryan Simper. He said that after this bill was announced, his store sold every handgun it had in stock. Apparently, there is no better stimulus for the economy than scarcity of a product.

Maybe if the Liberals truly want to stimulate the economy, they should try other bans and see if that helps. I encourage them to look for areas where there may be an abundance of supply and lagging sales, and see if they can help those sectors of the economy. Maybe if they banned broccoli, for example, it would help vegetable sales. In the absence of a true economic plan, such acts would at least show them to be doing something worth while.

Handguns are already well regulated in this country. Anyone who wishes to own one legally must take a safety course and undergo background checks. It is an extensive, time-consuming process, and one that gun owners understand is there to provide reasonable protections for society.

However, those protections, like this bill, do nothing to stop the flow of illegal handguns in Canada. Gun violence and gun crime problems in Canada do not come from those who have taken a firearms safety course and have been cleared for gun ownership after their background check.

Responsible handgun owners, the ones targeted by this bill, are collectors or target shooters. They are not criminals. Those who want to join their ranks should not be prohibited from doing so merely because the government does not know how to deal with crime and the flow of illegal firearms being smuggled into Canada.

To me, it seems that the government, not knowing how to deal with the problem, wants to pretend to show the public that it is doing something. This bill will not help, but the government will not admit that. I think everyone in the House can agree that both gun violence and gun crime are not acceptable in Canadian society. Where we might differ is how to best deal with the issue.

It has been my experience that the Liberals are so blinded by their ideology that suggestions for improvement to their legislation fall on deaf ears. Nevertheless, I would like to offer them some ideas to accomplish their goal of reducing gun crime in Canada.

The idea of strengthening border controls and authorities to combat firearms smuggling, trafficking and related offences is something we can all agree on. I call on the government to make that the focus of this legislation. Drop the attacks on legal, law-abiding gun owners and concentrate on those who are already breaking Canadian law.

I should also point out that there are contradictions in this piece of legislation. There are some individuals who will be exempted from the provisions and would still be allowed to purchase handguns. That includes elite sports shooters who compete or coach in a handgun discipline recognized by the International Olympic Committee and the International Paralympic Committee. The exemption makes sense.

We Canadians are proud of our Olympians, and we have had some success at pistol shooting competitions. In 1984, Linda Thom won the gold medal in pistol shooting at the Los Angeles Olympics, the first Canadian woman to win an individual gold medal in the summer Olympics since 1928 and the first Canadian to win a gold medal in the summer Olympics since 1968. She was given the honour of carrying Canada's flag at the closing ceremonies.

As an elite shooter, she would still be allowed to purchase a handgun if this legislation were to pass unchanged. However, what about those who want to follow in her footsteps?

I cannot think of any sport where one becomes a world-class athlete overnight. It takes hard work, dedication and training, usually for years. Wayne Gretzky had to learn to skate before he could even begin to put a puck in the net. How will the next Linda Thom become available, or a future Canadian Olympian become an elite shooter?

Even members of the government must understand that it requires practice, practice and more practice for a shooter to reach the level necessary to compete at the Olympics. Under Bill C-21, new participants in this sport would not be allowed to purchase a handgun to practice with. Apparently, the Liberals have decided that this is one sport they do not want to see Canada excel in.

The Conservatives have always stood for common sense firearms safety and strong consequences for those who commit firearms offences. We do not understand why the government wants to punish law-abiding firearms owners and make it difficult, if not impossible, for those who might want to take up a sport such as pistol shooting.

The government was first elected in 2015, and gun crime has gone up steadily each year, despite its arbitrary bans and its complicated and expensive buyback program. This increase in gun crime is not because those who own weapons legally are suddenly turning to lawlessness, but because illegal weapons are being smuggled into Canada and used by criminals. It has taken seven long years for the government to understand that there is a problem.

This belated realization comes only after it blocked a Conservative bill to toughen consequences for gun smuggling. If only it had concentrated on crime and criminals, I could have applauded its better-late-than-never efforts. Instead, it is once again targeting responsible gun owners who have committed no crimes, which makes us wonder how serious it is about really being tough on crime. After all, this is a government that intends to remove through other legislation mandatory minimum sentences for robbery with a firearm, weapons trafficking, discharging a firearm with intent, using a firearm in the commission of offences, and possession of a firearm knowing its possession is unauthorized, and more.

Members will forgive me for thinking that this new revelation that gun smuggling needs to be dealt with is just a lot of words. There are already laws on the books to deal with such acts if the government has the will and the police have the resources to enforce them. If it were serious about crime, it would not be trying to target responsible gun-owning Canadians who have followed all the rules and restrictions that come with gun ownership. Of course, they are an easy target for a government that does not seem to know how to address the issues of most concern to Canadians.

Canadians are tired of false promises from the government. This bill once again proves that the Liberals do not understand where they should be focusing their efforts in order to protect the people of Canada.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, if we want to know how seriously the Conservatives are taking this particular issue, we need look no further than that last speech when the member compared purchasing a gun to purchasing broccoli.

Nonetheless, I found his speech very interesting when he was talking about how the Conservatives have always understood the need to stand up against illegal gun use, the need to strengthen border measures, and the like. He sat on this side of the House when Stephen Harper was the prime minister, and he had a lot of opportunity to ask him why he was massively reducing the resources at the border to help deal with these issues.

Why is the issue of illegal guns coming across the border suddenly so important to the Conservatives now, when the member clearly did not raise the issue when he sat on this side of the House?

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, from time to time, it is nice to correct some of the facts. I am not sure if the member remembers this, but I was not here before 2015.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Some hon. members

Oh, oh!

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

The Assistant Deputy Speaker Carol Hughes

There is now more of a debate happening between members, as opposed to the hon. member answering the question. I know he is able to answer the question without any help.

The hon. member for Edmonton Manning.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I will forgive him because of his short memory. They are known for their short memories on the other side. I will also forgive him for not understanding the difference between broccoli and firearms.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. parliamentary secretary is rising on a point of order.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I do want to apologize to the member. That was my error. He conducts himself so well in the House that I assumed he had been here for a very, very long time. I apologize.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:20 p.m.

Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I would like to ask my colleague the following question.

Bill C-21 is a half measure, because it will have no real impact on organized crime and illegal weapons. With regard to organized crime, the Bloc Québécois has introduced Bill C-279, which aims to create a list of criminal organizations.

Would the member agree with this kind of crackdown?

Criminal CodeGovernment Orders

June 21st, 2022 / 5:25 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, the focus of my speech and those of my colleagues is on being tough on crime, and on making sure the borders are protected and smugglers do not bring illegal guns to Canada. Any effort that goes in that direction is well supported by us.

That should be the spirit of any bill brought to this place, or to be brought to this place in the future. This is the only point that we disagree with the Liberals on because they are not focusing on where the problem is. They are going after law-abiding Canadians, which is something we do not like to see and we do not support.