Marco Mendicino Liberal
This bill has received Royal Assent and is, or will soon become, law.
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.
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:
Kyle Seeback Conservative Dufferin—Caledon, ON
Madam Speaker, if the member, in his power as the junior partner in the coalition, wants to carve all those sections out of this bill and bring it back to the House, we might be able to have a conversation.
What the member does not address in any of his questions is why the junior partner in this coalition is not pushing the government to deal with the 86% of guns that are smuggled across the border. Why does the member not use his influence with the government to get that done?
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, there have been a great number of things said in the House tonight about Bill C-21 that would have applied at one point or another in the evolution of the bill, but which are no longer true, so I think it is very important to stress that the airsoft gun issue is resolved.
The list of guns and the list of various types of weapons that were introduced midway through the process, and later aborted at clause-by-clause, as well as the work that has been done to resolve other aspects and the fact this bill deals with ghost guns are all things that need to be emphasized at this late hour.
Kyle Seeback Conservative Dufferin—Caledon, ON
Madam Speaker, I think the challenge is that the Liberals are going to be able to classify other prohibited weapons as they go. This is from the government that said it would not raise the carbon tax above $65 a tonne, so I am not sure how we can trust what it is going to do with this firearms committee.
Kevin Waugh Conservative Saskatoon—Grasswood, SK
Madam Speaker, it is a pleasure tonight to speak to Bill C-21. Even though I represent an urban riding, I can say there is a lot of interest in that bill. Saskatchewan firearms owners are respectful; they are law-abiding citizens and many feel that the bill is simply an infringement on their rights.
When Bill C-21 came forward last fall, I was kind of hopeful it would include measures that would be tough on crime and crack down on illegal smuggled handguns, which are part of the 32% increase in violent crime since the current government took office eight years ago.
First off, I want to thank the grassroots movement in this country, like hunters, sport shooters, indigenous groups and farmers, who really are concerned about their livelihood. They are concerned about their sport, their culture and, above all, their public safety for pushing back against the Liberal Party's agenda.
Many amendments, as we know, came forward. Many were pushed aside by the government, as Conservatives on the public safety committee listened to the testimony and recognized the many flaws in Bill C-21. A major concern with the legislation, and we have heard it a lot tonight, is that it would target competitive sport shooters in such a way that it could lead to the demise of the sport.
The legislation would effectively mean that those who use lawfully obtained handguns to participate in internationally recognized sport would no longer be able to do so. The bill would outlaw competitive sport shooting, except for individuals who are already training for the Olympics. The amendment that was put forward by our party would have allowed members of the International Practical Shooting Confederation to continue to participate in their sport, but it was voted down.
I want to talk about my province of Saskatchewan, and I want to thank the leadership of the provincial government, because it is well ahead of the federal Liberals. Back in September 2021, the Province of Saskatchewan appointed its own chief firearms officer, proactively getting ahead of the Liberal government. Saskatchewan has several concerns with respect to Bill C-21, and the ability for the new legislation to be effectively implemented while supporting impacts on public safety.
I consulted with Robert Freberg. Many members know Mr. Freberg. He is the chief firearms officer for Saskatchewan, and I think he is nationally recognized as the expert in this field. Many of the initiatives in the legislation before us would rely heavily on both law enforcement and the ability for chief firearms officers across Canada to issue prohibitions, revocations and refusals of licence, and to be the primary resource to investigate public safety concerns related to firearms.
Mr. Freberg has told us that the Province of Saskatchewan has been so successful in this area, since the province has not only designated its own provincial chief firearms officer, but it has also established the provincial firearms office, which is currently supporting law enforcement efforts to deal with the illegal use and possession of firearms. This includes mental health; domestic abuse; criminal activities; and enhancing overall education, which is a big one, around safe storage and proper licensing.
The Firearms Act clearly states that Canada should negotiate a federal contribution agreement with the provincial CFOs, which has not occurred since Saskatchewan and its neighbouring province to the west, Alberta, actually took over CFO positions back in 2021.
The Province of Saskatchewan is currently funding 100% of the work currently being performed not only by Mr. Freberg, who is the chief firearms officer, but also by the entire office. It has also provided significant additional funding for the establishment of a new provincial firearms ballistics lab to assist with law enforcement on firearms involved in criminal investigations. This, I might add, is with no financial support, again, from the federal government.
Currently, it can take two years for results for exhibits that have been submitted by police to the federal ballistics lab for testing. This actually occurred after the RCMP closed several provincial labs, including the one in Saskatchewan, which previously supported those important law enforcement needs and initiatives. How could Bill C-21 be successful if the agencies responsible for the overall implementation and enforcement are not adequately funded and are now being asked to do much more with much less? I would say my province has spent over $9 million and is waiting for even a dime from the federal government to help it out. Let us keep in mind that we started a chief firearms office nearly a year and a half ago, because Saskatchewan did not trust the federal government.
Many of the announcements around the May 2020 order in council handgun ban and Bill C-21 have severely impacted the focus on the Canadian firearms program and its performance in the critical public safety investigations required, as they are now negatively impacting managing the fallout of excessive call volume from licensed firearms owners due to the hastily announced legislation that was put in place with absolutely no consultation or input from them. Many law-abiding firearms owners continue to experience lengthy delays, some actually over a year now, trying to simply renew or acquire a firearms licence. How can they stay in compliance or be properly licensed if they cannot even communicate with the Canadian firearms program due to the program now being fully inundated with call traffic?
The current handgun freeze and subsequent inability for law-abiding firearms owners to acquire or even transfer a handgun has significantly impacted not only public safety but also the financial investment and loss in value that these individuals in my province are now experiencing. If an individual should become deceased or even experience a health or financial issue that creates a situation where they would like to initiate a legal transfer to another licensed individual, today, they simply cannot do that. This results in the individual having to surrender the restricted firearms to the police for destruction, or having to engage the extremely limited scope of services for a very specialized licensed dealer or exporter.
Dealers can purchase, as we know. However, given that there is an extremely limited market for resale, they are unlikely ever to participate. There is no buyback program, as currently stated in the May 2020 OIC. Given that there would be no current provisions to ever grandfather the existing owners, as there previously were under the regulations in 12(6), which allowed for the transfer to still occur between licensed grandfathered individuals, there is a high likelihood that these current firearms could become diverted in some circumstances rather than staying registered and managed as they presently are.
Ken Hardie Liberal Fleetwood—Port Kells, BC
Madam Speaker, I wonder if the hon. member could comment on the fact that firearms-related incidents in northern Saskatchewan went up by 75% from 2017 to 2021, or the fact that the shooting in The Danforth in Toronto was done with a gun that was stolen in Saskatchewan.
I guess it really comes down to a fundamental question: Who on earth, in this country, other than police or the military, needs a handgun?
Kevin Waugh Conservative Saskatoon—Grasswood, SK
Madam Speaker, most of these, if not all, are illegal firearms in northern Saskatchewan. We know that. A lot of the “tough on crime” that the Liberals have not done over the last eight years is now paying massive dividends in northern Saskatchewan, as the member talked about.
We are in trouble in northern Saskatchewan for a very good reason. It is because they are not tough on crime. We have seen many people, day in, day out, go into court who should be sentenced and are not. They get out and do the same tactics they did a week before, and this is part of the problem we have right now in northern Saskatchewan.
Peter Julian NDP New Westminster—Burnaby, BC
Madam Speaker, I thank the member for his speech. He does a very effective job as vice-chair at the Canadian heritage committee, and often chairs our meetings. I appreciate his work. However, there are some things that need to be corrected from his speech.
First is the fact that there are no guns being removed as a result of Bill C-21. He knows that. Both the G-4 and G-46 amendments, because of NDP pressure, were withdrawn. That is fact number one.
Fact number two is that the emphasis of Bill C-21 is on ghost guns. Ghost guns have been a scourge of many parts of this country, with a tenfold increase in the lower mainland of British Columbia. This is something that law enforcement needs additional powers to combat. These are criminal gangs and criminals who are using these untraceable firearms. That is the focus of the bill, and that is something that he should be in favour of.
Third, he did mention sport shooters. This morning, I was surprised to see the Conservatives table an amendment to remove an exemption for sport shooters who are in the Olympics or the Paralympics. That is an exemption that we believe in because the NDP did table the amendment.
On the International Practical Shooting Confederation, we believe—
Criminal CodeGovernment Orders
The Assistant Deputy Speaker Carol Hughes
We have a point of order.
The hon. member for Edmonton—Wetaskiwin.
Mike Lake Conservative Edmonton—Wetaskiwin, AB
Madam Speaker, the hon. member knows that it is against the rules of the House to mislead the House. The hon. member knows that he was approached by a hard-working, Conservative staff member, who asked him personally to understand that there was an administrative error made—
Criminal CodeGovernment Orders
The Assistant Deputy Speaker Carol Hughes
That is debate.
Order. The hon. member for New Westminster—Burnaby and the hon. member for Edmonton—Wetaskiwin know these are points of debate, and it is not proper to be debating while I have the floor.
I would ask the hon. member for New Westminster—Burnaby to finish up.
Peter Julian NDP New Westminster—Burnaby, BC
Madam Speaker, why did Conservatives table this motion to remove the exemption—
Criminal CodeGovernment Orders
The Assistant Deputy Speaker Carol Hughes
I would ask the hon. member for Edmonton—Wetaskiwin to not speak while someone else has the floor. If he continues, he can either leave the chamber or be asked to leave.
The hon. member for New Westminster—Burnaby.
Peter Julian NDP New Westminster—Burnaby, BC
Madam Speaker, the Conservatives have tabled this as Motion No. 12. It removes the exemption for sport shooters, for Olympic and Paralympic competitions. Conservatives have filed this. Why did they file this?
Kevin Waugh Conservative Saskatoon—Grasswood, SK
Madam Speaker, let me talk about ghost guns after three hours in the House. The respected member for Kootenay—Columbia, who is a former RCMP officer of over 30 years, brought it up to the government over two and a half years ago. It did nothing at that time.
Then the member for Kootenay—Columbia asked a very important question: Where is the education in this law? Where is the education? I have to thank the Saskatoon Wildlife Federation for all the great work it does. With this bill, the federal government has done nothing on the education process going forward on Bill C-21. It should be ashamed.