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 22nd, 2022 / 6:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I rise on a point of order. I suspect you might be thinking I am rising to say that the member is stating mistruths on the record, but that is not it. The member has made reference to the Prime Minister by using his name, and we are not allowed to use the name of the Prime Minister or any other member.

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I would like to remind the member that, in the House of Commons, he is not to use the names of current sitting members, the Prime Minister or ministers. They have to be referred to by their titles.

The hon. member for Grande Prairie—Mackenzie.

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:50 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, I was quoting, and I do apologize because I know that, even while quoting, I am not allowed to use the member's names.

The member is correct. He confirmed that I am not spreading misinformation. He has confirmed that, in fact, this is truth, so I am going to continue reading. The article continues:

The...government's gun control objectives were spelled out in an order in council issued in May 2020, and [the legislation codifying them] were encapsulated in Bill C-21, which was tabled last month, but the concern in April 2020 was the extent to which politics threatened to interfere with a cross-border police investigation into how the killer managed to obtain and smuggle into Canada four illegal guns used to commit many of the 22 murders.

Now I am going to jump a little bit further ahead in the report to the part where RCMP commanders in Nova Scotia refused to release details they thought would compromise their investigation. Jennifer Henderson writes:

April 28, 2020 — just one week after the murders...Nova Scotia Supt. Darren Campbell briefed journalists at a news conference....

On the firearms question, Campbell told journalists he “couldn't get into details... because the investigation is still active and ongoing,” except to confirm the gunman had several semi-automatic handguns and two semi-automatic rifles.

Shortly after the news conference Campbell, Asst. Commander Lee Bergerman, Leather, and Nova Scotia Communications director Lia Scanlan were summoned to a meeting. RCMP Commissioner Brenda Lucki and a deputy from Ottawa were on the conference call. Lucki was not happy.

Let me quote that again: “Lucki was not happy.”

The article then continues:

Campbell’s handwritten notes made immediately following that meeting describe what happened:

“The Commissioner was obviously upset. She did not raise her voice but her choice of words was indicative of her overall dissatisfaction with our work. The Commissioner accused us (me) of disrespecting her by not following her instructions. I was and remain confused over this. The Commissioner said she told Comms to tell us at H Division to include specific info about the firearms used by [the killer]....However I said we couldn’t because to do so would jeopardize ongoing efforts to advance the U.S. side of the case as well as the Canadian components of the investigation. Those are facts and I stand by them.”

Campbell noted that Lucki went on at length and said she was “sad and disappointed” that he had not provided these details to the media. Campbell continued:

“The Commissioner said she had promised the Minister of Public Safety and the Prime Minister’s Office that the RCMP...would release this information. I tried to explain there was no intent to disrespect anyone however we could not release this information at this time. The Commissioner then said that we didn’t understand, that this was tied to pending gun control legislation that would make officers and the public safer. She was very upset and at one point Deputy Commissioner (Brian) Brennan tried to get things calmed down but that had little effect. Some in the room were reduced to tears and emotional over this belittling reprimand.”

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:55 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member's time is up. I have been trying to give him a signal. He does have five minutes of questions and comments.

Questions and comments, the hon. parliamentary secretary to the government House leader.

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:55 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, the Conservatives' back room is working hard. They have the new spin going on in regard to the whole issue of guns. Wherever they can get personal and start attacking, that is what they are going to do.

That is what we have heard for the last five or six minutes from the member. It is just comments attacking the integrity of the system. I will stand by the RCMP. I support the RCMP. The minister has been very clear on the RCMP, but the member does not let the facts cause issues.

In the legislation, there is the issue of yellow flags and red flags, an area that I think the vast majority of Canadians, and I suspect even some Conservatives, would support. What is the member's opinion on the value of having the red flags and yellow flags in the legislation?

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:55 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, this is a Liberal member again trying to spread information that is not complete. The member opposite knows that the system currently has a flagging system for guns that are legally held. Those people who have gone through robust security checks, those who have gone through training programs, have to relinquish their guns if, in fact, they are flagged. That exists today.

The government can put a new name on the flagging system, or put a colour on it, but the fact is that it exists today, and the members opposite know that they have been playing politics with this entire issue since the very beginning. The member claims that I am making this up or that the back rooms of the Conservative Party are making this stuff up. It is printed in every newspaper in this country currently.

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:55 p.m.

Bloc

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

Madam Speaker, I thank my colleague for his speech.

The government says it wants to reduce gun violence by introducing Bill C‑21, but the Montreal police service tells us that 95% of handguns used in violent crimes come from the black market.

I would like to know if my colleague thinks the government is doing enough to fight violence committed with illegal weapons. Is it doing enough at the borders, for example? Is Bill C‑21 sufficient?

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, that is the real tragedy, that the Liberals would use the tragedy of the murders of 22 Nova Scotians, innocent civilians in many cases, to advance this agenda. All of the guns that were included in that were illegal weapons—

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

An hon. member

Oh, oh!

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

The Assistant Deputy Speaker Carol Hughes

I ruled on this a while ago on the official opposition side. The hon. parliamentary secretary has been in this House for some time, and he knows that he should not be heckling or trying to ask questions while someone is already answering a question.

The hon. member for Grande Prairie—Mackenzie.

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, that is exactly what has happened. The Liberals have tried to shut it down every time the facts get in the way of their good story, their spin. That is the incredible heartbreak of what they did with the RCMP, where they instructed the commissioner to go out there and release information, compromising an investigation.

In fact, the four guns that were found were illegally owned and had come across the border illegally. That is what we should be tackling. Instead, the Liberals are passing legislation to reduce sentences for people who are trafficking in illegal weapons, and going after law-abiding gun owners.

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, we know that in most violence in intimate partner relationships, in terms of murders, there is the use of handguns. I am wondering what the Conservative Party would do, if anything, to put in stricter laws for handguns to make sure that women, in particular, are safer.

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, my colleague brings up a very important point. I think she misspoke when she suggested that the vast majority of domestic abuse involves firearms. I do not believe that statistic is correct.

I do believe protocols exist for those people who have been flagged as risks, those who have demonstrated a compromised mental capacity and those who have demonstrated that they should not be in possession of a firearm. I believe in and support a flagging system that gets those firearms confiscated from people who have demonstrated that they should no longer have them.

Obviously, we do need to get serious about domestic violence in this country. We do have to get serious about the importation of illegal weapons, and that is what we would like to do on this side of the House.

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

The Assistant Deputy Speaker Carol Hughes

Is the House ready for the question?

Criminal CodeGovernment Orders

June 22nd, 2022 / 7 p.m.

Some hon. members

Question.