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

May 16th, 2023 / 9:10 p.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, I have heard from many constituents in my riding, including many who are in the airsoft industry and many who are hunters and farmers. In fact, James from Chatham said that the bill is “Nothing more than misguided nonsense from the...government. Expensive and stupid.”

Criminal CodeGovernment Orders

May 16th, 2023 / 9:10 p.m.

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

Maybe a little bit softer.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:10 p.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, sure, I have another note from Don from Dover Centre, who said, “Legally owned firearms is not the problem in this country. It is the ghost guns and the illegal guns brought into Canada.”

I have another from Eric, who said, “This bill is nothing more than an attack on legal firearms owners in Canada. It does nothing to make Canadians safer. I am a legal firearms owner who enjoys hunting and sport shooting. I have shared my passion for these activities with my son. He now enjoys them as much as I do. On November 22, the Liberal government made an amendment to Bill 21 and added numerous hunting and sport shooting firearms to the list of now prohibited firearms. Property which was legally obtained and classed as a ‘non restricted firearm’ and is now ‘prohibited’ and has to be surrendered or confiscated?”

Criminal CodeGovernment Orders

May 16th, 2023 / 9:10 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, that is exactly the point. The issue of ghost guns is the primary focus of Bill C-21. The member, like so many Conservatives who have spoken tonight, obviously has not read the bill. This is a major problem when we have members of Parliament who are speaking but have not actually read the legislation that they are speaking on.

Ghost guns are targeted. This is what law enforcement has called for. Conservatives basically blocked that up in weeks of filibuster instead of putting the tools in the hands of law enforcement to crack down on those criminal gangs who use these untraceable ghost guns.

I have two simple questions, and I would love one Conservative to answer them. First, could you name one firearm that is impacted by Bill C-21 since the NDP forced the withdrawal of those amendments? Inconceivably, the Conservatives are moving tonight, at report stage, to eliminate the exemption on handguns that applies to sport shooters, including Olympic sport shooters. Therefore, second, why are the Conservatives moving to eliminate that clause?

Criminal CodeGovernment Orders

May 16th, 2023 / 9:15 p.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, I thank my hon. colleague, although I do not need the mansplaining. I think I understand the bill very well, and so do my constituents. Five hundred of them have written to me on my recent mailer.

Here is one from Laura. She said, “As a retired police officer, I strongly object to taking guns from legal gun owners. They are not the problem.” Here is one from Fred, who said, “It is not the hunters and farmers that are killing people, and when they catch the crook they should put them away and not send them back on the street.”

I have talked to numerous police officers and military personnel who have collections and use firearms on their off time to practise and get better at what they need to do in their jobs. This is also hurting our law enforcement officers—

Criminal CodeGovernment Orders

May 16th, 2023 / 9:15 p.m.

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

The hon. member for Kildonan—St. Paul is rising on a point of order.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:15 p.m.

Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, the hon. member just misled the House. I would ask him to correct the record. He is well aware that a clerical error was made on the Conservative side. We need his unanimous consent to withdraw that clerical error. He has refused.

I would ask him to stop spreading—

Criminal CodeGovernment Orders

May 16th, 2023 / 9:15 p.m.

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

I will remind the hon. member that requests for unanimous consent are not possible at this time.

Resuming debate, the hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:15 p.m.

Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, Bill C-21, which has come back to the House from the Standing Committee on Public Safety and National Security with a number of amendments, is a bit better than its original version, but it is still far from perfect. Some people are still dissatisfied with its current form, and it does not meet the expectations of certain groups. I would even say that Bill C-21, in its current form, is very disappointing to many people.

Let me be clear. When the bill was introduced in May 2022, it was nowhere near ready.

Let us be frank. The government only introduced it because it was riding the wave of support for gun control in the wake of the shooting in Uvalde, Texas. The proof is that the government had to introduce a package of amendments to its own bill in the fall of 2022. More than 400 pages of amendments were tabled in the Standing Committee on Public Safety and National Security after the study was already completed. These amendments caused discontent and concern among some groups, including hunters and members of indigenous communities.

Let us not forget that these amendments were presented without any explanation, without any briefings and without a press conference. Even the Liberal members of the Standing Committee on Public Safety and National Security seemed unable to explain these amendments.

It is important to remember the facts. These amendments included new measures to take action on ghost guns as well as a definition of prohibited assault-style firearms and a list of prohibited firearms that was over 300 pages long. The Bloc Québécois was opposed to including the list in the Criminal Code because it made it unnecessarily burdensome. The Criminal Code does not reflect in real time the models of firearms and their classification since it needs to be amended. An additional 482 models of weapons would have been prohibited by this list. However, the government could very well have done this through an order in council, as it has done in the past. The result is that the pro-gun groups were easily able to strike fear into the hearts of hunters, who looked at the list and saw their own weapons there. However, the list included both legal and prohibited weapons, depending on the calibre.

It is important to remember that the government did not consult with major hunting associations. Hunters had major concerns following the government's botched announcement of amendments in the fall of 2022. Thanks to the work and interventions of the Bloc Québécois, the confusing list was withdrawn, as was the reference to “hunting rifle” in the definition of assault weapons.

Hunting is a passion for many people in my riding. It is a major economic driver for towns like Senneterre and Chibougamau and northern Quebec. I could go on and on, because my riding covers 800,000 square kilometres.

As a result of our efforts, the Fédération québécoise des chasseurs et pêcheurs said that it was satisfied. The Bloc Québécois put pressure on the government to remove that ill-advised mention of hunting rifles from the definition and leave them out of the picture altogether.

I thank my colleague from Avignon—La Mitis—Matane—Matapédia for her excellent work in committee.

In short, by doing such a bad job of presenting its amendments, the government predictably raised the ire of hunters. Members had to wait several days for a technical briefing to explain the content of the amendments. Since the amendments were tabled at the clause-by-clause stage, the committee had heard from witnesses on things that had nothing to do with assault weapons. The study was complete when the government completely changed the scope of the bill. That was when the Bloc Québécois proposed to reopen the study so that experts could come testify about assault-style weapons.

In the end, as a result of the outcry from the public, indigenous peoples and Liberal and NDP members, the government withdrew its own amendments in early 2023 and went back to the drawing board.

In commenting on Bill C-21, professor and political scientist Geneviève Tellier said, “Not everyone agrees with this new version of the legislation. Ultimately, it further polarizes the debate between those who are in favour of the right to have firearms and those who say we must limit them because they cause unfortunate victims.”

Professor Tellier said that the government cannot reconcile these two groups' wishes. What is more, she believes that the victims, including the victims of the Polytechnique massacre and the Quebec City shooting, were expecting their concerns to be considered.

She stated, and I quote:

Let us not forget that this was also a Liberal election promise. It is a bit of broken promise from the [Prime Minister], in the sense that it does not go as far as he promised during the election. These people expected the government to send a strong message of zero tolerance. Instead, the government seems to be saying that it did what it could, but it cannot do everything it promised. That is why these amendments are leaving many people unsatisfied—

The same political scientist also said the Liberals' approach was dictated by vote pandering.

It is important to remember that throughout the process, the government refused very reasonable proposals from the Bloc Québécois, proposals that would have produced a better bill. Throughout the process, the government did a poor job and created a tempest of its own making. However, we must admit that, thanks to the Bloc Québécois's work, the bill, which was initially criticized by hunters, gun control groups and airsoft aficionados, was improved and is now satisfactory for most of these groups.

The dangerous slippery slope of Bill C-21 on gun control is simply the result of poor planning and sloppy consultation by the Liberals.

Amendments were reintroduced on May 2, 2023. The government scrapped the list that was causing so much confusion and anger. It also removed the reference to “hunting rifle” from the definition, which was causing a lot of fear among hunters even though, technically, the term was appropriate.

These new government amendments have reassured hunters, but they have also angered gun control groups like PolyRemembers and the Quebec City mosque survivors.

The government's new definition for assault weapons is prospective, meaning that it covers only future firearms. The 482 models of firearms that had been designated by the government as assault weapons in its never-ending list are therefore not banned. The government prefers to defer to an advisory committee, which it will establish.

However, many of these firearms have similar characteristics to the AR-15 and are not at all used for hunting. It would have been utterly ridiculous for the government to keep these firearms legal when it banned more than 2,000 by regulation on May 1, 2020.

The Bloc Québécois has called on the government to immediately ban the 470 models that are not used for hunting and to ask the advisory committee about the 12 models that are potentially used for hunting, such as the popular SKS, which has often been used in killings.

During the last election campaign, PolyRemembers backed the Liberal Party as the only party that could improve gun control. The group welcomed Bill C-21 as an important step forward. The group also welcomed the automatic revocation for domestic abuse, including emotional abuse.

The survivors of the Quebec City mosque shooting also welcomed this bill. Let us recall that the shooter burst into the mosque with an assault weapon that jammed and committed a massacre with a handgun. Later, they learned that the Liberals had promised that they would amend the bill to add a definition prohibiting assault weapons. The Liberals finally backed down by adopting a less robust and prospective definition and not immediately prohibiting the 482 models identified as being assault weapons.

On the other hand, the Bloc Québécois's proposal to immediately prohibit by decree the 470 or so models that are not reasonably used by hunters would address the concerns of these groups. As I said earlier, we are asking the government to have the advisory committee that it wants to re-establish look at the dozen assault weapons that are potentially used for hunting.

We should also note that the bill freezes the acquisition of legal handguns, but we will have to wait many years before all these guns are gone through attrition. Unfortunately, the number of illegal guns will continue to grow.

In closing, I want to say that, even though Bill C-21 is not perfect, the Bloc Québécois will be voting in favour of it. It is just unfortunate that the government ignored some good suggestions from the Bloc Québécois and broke its election promises. Let us remember the tragic events that have occurred, the lives that have been lost and the families who have lost loved ones because of assault weapons and illegal firearms.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:25 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I wonder if the member could provide her thoughts in regard to the spreading of misinformation. I will refer to the most recent Conservative speaker, who indicated, for example, that there is an airsoft ban. Well, there is no airsoft ban. That has been changed, and the Conservatives know that, yet they still talk about an airsoft ban. The member also made reference to ghost guns not being dealt with, citing a specific letter. Again, ghost guns are being dealt with in the legislation.

What we hear consistently from the Conservative Party is misinformation. This is not an attack on the hunters, the farmers and indigenous people. I wonder if the member could provide a comment on what she believes is the damage caused by the spreading of misinformation.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:25 p.m.

Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, I thank my colleague for his questions. I agree that the Conservatives are spreading disinformation.

This was a collaborative effort. The Standing Committee on Public Safety and National Security tried to make this bill into one that will at least keep people safe and prevent the use of weapons used in mass killings. It is important to have a gun control bill.

Hunting rifles are not affected at all. Once again, the Conservatives are spreading disinformation and propaganda.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:25 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I have a similar question. This evening there are Conservatives who clearly never read Bill C-21, who have no understanding of what it contains. They read the notes that have been drafted, I imagine by the office of the leader, the member for Carleton, without having the slightest understanding of what is in the bill.

The Conservatives keep saying that we need to go after the criminals but we know that ghost guns are an important part of the new version of Bill C-21. The NDP and the Bloc Québécois worked hard on this new version.

For people watching the debate this evening, how does it feel to see a political party, in other words the Conservative Party, clearly have no knowledge of what we are discussing?

Criminal CodeGovernment Orders

May 16th, 2023 / 9:30 p.m.

Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, the Conservatives did not read Bill C-21. They are unaware of what it contains. I am certain that, even in committee, they were not listening to what the members of the Standing Committee on Public Safety and National Security had to say about Bill C-21.

I just want to remind the Conservative Party that the important thing is that hunting rifles are not affected by the ban.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:30 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I thank my colleague from Abitibi—Baie-James—Nunavik—Eeyou for a very honest speech. She recognized the work done in committee. There were amendments concerning airsoft guns, and other amendments for which we found solutions.

I now feel at ease with Bill C-21. We all understand that there were a few versions and a few drafts. The problems with the first version have now been fixed, as my colleague mentioned.

Would she have the time to lay out the facts?

Criminal CodeGovernment Orders

May 16th, 2023 / 9:30 p.m.

Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, it is indeed very important to talk about what the Standing Committee on Public Safety and National Security did to improve this bill. As I was saying, we are getting rid of assault weapons and illegal firearms.

The bill is not perfect, but I am sure that it will be improved. It is important to pass this bill and it is important to point out that hunting rifles are not included in Bill C-21.