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 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 is a firearms bill that aims to enhance public safety by implementing a national freeze on handguns, increasing penalties for gun smuggling and trafficking, addressing ghost guns, and introducing "red flag" and "yellow flag" laws intended to prevent gun violence, particularly in cases of domestic violence or mental health crises. The bill has been amended to include protections for indigenous hunting rights and exemptions for Olympic sport shooters, but the new definition of prohibited firearms is forward-looking and a future advisory committee will determine which new firearms will be banned. The bill has faced significant debate regarding its scope, impact on law-abiding gun owners, and effectiveness in addressing violent crime.

Liberal

  • Support for bill C-21: Liberal members of parliament voiced their support for Bill C-21, highlighting its significance in gun reform and its potential to enhance community safety. They emphasized the bill's reflection of the will of the House, the committee, and Canadians. This legislation is a vital step towards sensible gun laws and preventing needless tragedies caused by firearms.
  • Balancing safety and tradition: The bill is designed to keep communities safer while preserving the way of life for those who hunt, particularly in the North, where it is a matter of survival. Amendments ensure respect for the rights of First Nations, Inuit, and Métis communities, with a specific clause protecting indigenous peoples' section 35 rights under the Constitution and meeting UNDRIP obligations.
  • Addressing ghost guns: The bill aims to address the increasing threat of ghost guns by defining firearms parts in the Criminal Code and making illegally manufactured firearms prohibited. The goal is to combat the use of 3-D printed or modified guns by criminals, closing loopholes that allow them to acquire untraceable weapons.
  • Tackling gun smuggling: Bill C-21 includes provisions to combat gun smuggling and trafficking by increasing criminal penalties and providing law enforcement agencies with more tools to investigate firearms. The government is investing in strengthening the RCMP's and CBSA's capacity to intercept guns at the border, which has already led to a significant increase in firearm seizures.
  • Red and yellow flag provisions: The bill introduces red and yellow flag laws to allow courts to remove firearms from individuals who pose a danger to themselves or others. Firearms licenses would be revoked within 24 hours in cases of domestic or intimate partner violence, and individuals undergoing a mental health crisis could temporarily transfer their firearm to another person or business to ensure safety.

Conservative

  • Opposes C-21 bill: The Conservative party does not support Bill C-21, viewing it as more about Liberal ideology than actual safety for Canadians, and will vote against it.
  • Focus on illicit firearms: The Conservatives advocate for focusing on the illicit market of firearms and support efforts to stop gun smuggling, as that would have the biggest impact on reducing gun violence.
  • Against 'red flag' measures: The Conservatives oppose the proposed 'red flag' laws in Bill C-21, deeming them unnecessary, counterproductive, and potentially harmful based on feedback from women's groups, indigenous leaders, law enforcement, and medical professionals.
  • Protect legal firearms owners: The Conservatives view Bill C-21 as an attack on law-abiding firearms owners, hunters, sport shooters, indigenous communities and farmers and pledge to defend their rights and advocate for common-sense firearms policies.
  • Criticizes Liberal approach: The Conservative party believes that the Liberal government is not serious about tackling the root causes of violent crime. They view the Liberal's soft-on-crime policies, and Bill C-21, as distractions.

NDP

  • Supports Bill C-21: The NDP supports Bill C-21 as improved by amendments proposed by various gun control organizations. They highlight the strengthening of red flag and yellow flag measures, and they are pleased that changes have been made to address concerns from Indigenous communities and hunters.
  • Against Conservative amendments: The NDP criticizes the Conservative's contradictory stance, pointing out their filibustering tactics and their attempts to revive amendments that have already been withdrawn. They find it strange that the Conservatives are now proposing amendments that contradict their previous positions on the bill.
  • Ghost gun provisions: The NDP emphasizes the importance of the ghost gun provisions in Bill C-21, noting that they are essential for law enforcement to combat the increasing use of untraceable firearms by criminals. They highlight the unanimous support for these provisions at the committee level, despite the Conservative's current opposition.
  • Indigenous rights protected: The NDP emphasizes the importance of including provisions in Bill C-21 that protect Indigenous rights under section 35 of the charter. They advocate for the inclusion of similar provisions in all government legislation moving forward.

Bloc

  • Voting in favour: The Bloc Québécois will vote in favour of Bill C-21, noting that their contributions made the bill acceptable, though not perfect. They highlight the importance of dates like December 6, 1989 (École Polytechnique) and January 29, 2017 (Quebec City mosque shooting) as reminders of the need for gun control.
  • Government's flawed approach: The Bloc criticizes the Liberal government for introducing flawed bills and highlights that Bill C-21 was initially 'botched' and incomplete, requiring significant improvements from other parties. They argue the government acted opportunistically, tabling the bill to capitalize on support for gun control without proper preparation or consultation, resulting in amendments and confusion.
  • Calls for further action: Despite supporting the bill, the Bloc calls for the immediate ban of 470 models of firearms that are not used for hunting. They advocate for the advisory committee to review the remaining 12 models potentially used for hunting, such as the SKS. They also point out that illegal weapons continue to be a problem.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

May 16th, 2023 / 11:50 p.m.

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, there are a lot of issues that come with this type of debate. I appreciate my colleague talking about the reality in urban Saskatchewan versus rural Saskatchewan. Does he want to elaborate?

Criminal CodeGovernment Orders

May 16th, 2023 / 11:50 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, believe it or not, even though I am an urban MP, I get a lot of calls. In my province, people want to be outdoors. They want to shoot guns and sport shoot. I have to thank the Wildlife Federation that does a wonderful job in my community.

The one thing I will say is that I am so proud of Bob Freberg and the Province of Saskatchewan. They are still owed $9 million by the federal government because it has not paid for the officer or the office.

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May 16th, 2023 / 11:50 p.m.

Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, it is with a heavy heart that I join this debate. I am going to speak for a bit and then I will take some questions because I have some answers I would like to give to a few of the questions that were asked in the chamber this evening. I hope members will stay and have the courage to ask me the same questions they asked other members.

I am really standing up for the law-abiding firearms owners in Saskatchewan this evening, because despite what the junior coalition partner NDP and the Liberals say, we all know that the two amendments that were brought forward with members kicking and screaming were about, with one, trying to create a backdoor registry and, with the second, a minimal change to the definition, which really did not affect the legislation at all.

When we talked about amendments, several times this evening my colleagues tried to put forward a unanimous motion to change an amendment that had a clerical error. Years ago, this would not have happened. Years ago, under Tom Mulcair or Jack Layton, they would have been honoured to accept that unanimous consent motion and it would have been changed because it was simply a clerical error. Time and time again, the House leader stood and mischaracterized what happened, which is a sore spot for Conservatives because we do like to try to work together in this House. What we have seen tonight was complete disrespect for how this chamber is supposed to work.

I will go back to standing up for law-abiding firearms owners across Saskatchewan. Regina—Lewvan is an urban riding that has sport shooters, hunters, people who go to the range to trap-shoot and the Regina Wildlife Federation, good, salt-of-the-earth people who just want to keep their traditions alive. Earlier on in this debate about law-abiding firearms owners, we learned that it really was not about decreasing crime. It was really about going after something that people do not understand.

I have some quotes by people who are not traditional Conservatives. One is from Chief Heather Bear from the Federation of Sovereign Indigenous Nations. Chief Heather Bear stated:

When guns are confiscated from sustenance hunters, it impacts them and their families when they have merely been trying to put food on the table.

When guns are confiscated it may also impact the whole nation, especially those who hunt for ceremonial purposes, in that sometimes we only need traditional food for ceremonies....

If there are no safety issues and there is no issue of domestic violence or any kind of violence, then taking away a gun impacts our nations and our citizens' ability to assert our inherent, and treaty and constitutional rights. We also view our guns as a tool of our first nations sustenance hunters.

That is not a traditional Conservative supporter. I would also say that I do not think she would be a conspiracy theorist. I think she has some genuine concern about what is going to happen with their traditional way of life and how they will feed their families. I dare any member in this House to stand and say that is fearmongering, as has been said so often tonight about Conservatives who have brought forward concerns from their constituents.

We all represent our constituents and it is being boiled down by some in the NDP who are terrified by this debate right now because they know they are going to lose seats in rural Canada due to being on the wrong side of history on this. We need to remember when Liberals, in the 1990s, brought in the long gun registry. I remember that they were going to drop crime and crime statistics were going to plummet because they were going to take long guns away from our hunters and farmers. This is just rinse and repeat.

We see right now that violent crime has gone up 32% in our country, with the Liberals doing nothing with their hug-a-thug policies. We are seeing gang violence increase by over 90%. Do we think this legislation is going to prevent that?

I have my PAL. I know how long it took to get my possession and acquisition licence. I know that every morning my name goes through CPIC, and the Liberals and NDP are trying to take advantage of people who do not know what the regulations are around this. Every morning my name goes through CPIC, like every other person who has a PAL, to make sure they have not done anything wrong. If they go through, police officers know that people have firearms in their possession because of our PAL and that there could be dangerous situations, which does not happen with law-abiding firearms owners.

Robert Freberg came and talked to the Saskatchewan caucus. Do members know how many crimes in Saskatchewan have been committed with a legally owned firearm? Fewer than a handful, he said. If people in this chamber think voting for the bill is going to drop crime rates in our country, either they are lying to themselves or they do not understand what the bill would actually do.

We know that with the so-called NDP standing up for these amendments, there is going to be a firearms advisory committee. This committee is going to then use it as a back door to bring through more legislation and take guns away from law-abiding hunters and farmers.

I just got off the phone with the Agribition CEO, Kim Hextall. She asked why they would want to take away firearms from people who use them for protecting their livestock and for removing varmints. These are the people none of these members in this chamber are standing up for, and I think it is something that should be taken very seriously. If they are going to take gun crime seriously and try to get gang members to not have illegal firearms, perhaps they should not have voted in favour of Bill C-5, which lessened the penalties for all these crimes.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:55 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I would like to read from a news article: “The final report of the Mass Casualty Commission (MCC) investigating the April 2020 mass shooting in Nova Scotia that left 22 people dead makes several recommendations to meaningfully change Canada's gun laws.” The headline reads, “MCC report calls for stricter gun laws”.

Is there any situation in which the Conservative Party would support stricter gun laws?

Criminal CodeGovernment Orders

May 16th, 2023 / 11:55 p.m.

Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, there absolutely is.

The Prime Minister said on December 19, 2022, that “there are some guns, yes, that we're going to have to take away from people who were using them to hunt.”

Criminal CodeGovernment Orders

May 16th, 2023 / 11:55 p.m.

The Assistant Deputy Speaker Carol Hughes

It being 11:59 p.m., pursuant to order made Tuesday, May 9, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. A vote on this motion also applies to Motion Nos. 2 to 6, 9 and 12.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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May 17th, 2023 / midnight

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we request a recorded vote.

Criminal CodeGovernment Orders

May 17th, 2023 / midnight

The Assistant Deputy Speaker Carol Hughes

The recorded division on the motion stands deferred.

The question is on Motion No. 10. A vote on this motion also applies to Motion No. 11. If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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May 17th, 2023 / midnight

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, again, I would request a recorded vote.

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May 17th, 2023 / midnight

The Assistant Deputy Speaker Carol Hughes

The recorded division on the motion stands deferred. The recorded division will also apply to Motion No. 11.

The question is on Motion No. 13.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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May 17th, 2023 / midnight

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, again, I would ask for a recorded vote.

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May 17th, 2023 / midnight

The Assistant Deputy Speaker Carol Hughes

The recorded division stands deferred.

Normally, at this time, the House would proceed to the taking of the deferred recorded divisions at the report stage of the bill. However, pursuant to order made Thursday, June 23, 2022, the recorded divisions stand deferred until Wednesday, May 17, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader has a point of order.

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May 17th, 2023 / midnight

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I suspect that if you were to canvass the House, it would be okay to call it 12:20 so we can begin the late show.

Criminal CodeGovernment Orders

May 17th, 2023 / midnight

The Assistant Deputy Speaker Carol Hughes

I have received notice from all recognized parties that they are in agreement with this request.

The House resumed from May 16 consideration of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), as reported (with amendments) from the committee, and of the motions in Group No. 1.