Bill C-21

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

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.

Sitting Resumed

[Michael Coteau, Liberal, Don Valley East, ON]

Mr. Speaker, if we are going to be factual and we are going to resort to truths here, the member should read the bill. The bill is very clear about gun ownership. It says that if people have rifles, certain types of hunting rifles are still available. There is a clause in there that would allow people with handguns to continue to have their handguns; they just cannot be traded or resold. I would just suggest that the member read the bill for clarity and he would understand what the actual rules are. The farmers and the folks who hunt, who need those firearms, would still have the opportunity to use the appropriate gun for the work they do.

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

Madam Speaker, I often hear the government touting Bill C-21 as a bill that bans assault-style firearms. That is how it presented the bill to groups like PolyRemembers, by saying that this bill would finally ban assault-style firearms.

Unfortunately, that is not the case. What we are seeing is that, in May 2020, the government issued an order in council banning 1,500 guns, including the AR‑15, which is quite popular and was used in a mass shooting in Canada.

Today, even after the passage of Bill C‑21, the WK180‑C will still be in circulation. That is a gun that uses the same magazine and ammunition as the AR-15. It is a semi-automatic weapon that works almost the same way and that is also an assault-style firearm. That gun will still be in circulation even after Bill C‑21 is passed.

I am wondering how the government can say that Bill C‑21 bans assault weapons when the definition of a prohibited weapon that is proposed in this bill is prospective, meaning that it will apply only to weapons that will come on the market in the future. I must have missed something. When we ask the minister to issue an order in council banning weapons similar to the AR-15, he does nothing.

I would like my colleague to share his thoughts on that.

[Michael Coteau, Liberal, Don Valley East, ON]

Mr. Speaker, I would like to thank the member for the advocacy that she has taken on gun violence. In question period, I often hear her speak on the issues that are impacting communities in different parts of the country, and I just want to say thanks for her advocacy.

Going back to my point, we all have different opinions on how we should do things around here. I think this bill is a well-balanced approach to looking for ways to mitigate gun violence in our country, and I am proud to support it today.

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, the member brings up some very important points. Our country is very diverse and there are different opinions. I would like to hear more from the member regarding what kind of impact this bill, coupled with many other measures, could end up having on a community like the one in his riding.

[Michael Coteau, Liberal, Don Valley East, ON]

Mr. Speaker, the part that I missed in my speech was about preventative programs. We know that just putting in place rules around guns and weapons is not enough. I think every single person in this House would agree that investing more into programs that prevent these crimes from happening is the right approach. Therefore, it has to be a multi-faceted approach to mitigating gun violence, and I am happy that the member asked that question.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, I quite enjoyed the speech by the member for Cowichan—Malahat—Langford. I might differ on a few quibbles, but by and large I really appreciate his treatment of the matter.

It is an honour to join this discussion on strong, new federal firearms legislation and to join the voices of those supporting the progression of Bill C-21 through Parliament. The committee on public safety and national security has done the remarkable and arduous job of scrutinizing this bill. I would like to thank colleagues from both sides of the aisle for their constructive deliberations and collegiality. We would not have gotten this done without their invaluable co-operation, and every one of us has a stake in it.

We have heard from members who described the impact of gun violence in their communities. We have heard from survivors. We have heard from those who work with the government on many matters of public safety. They all make the point that we cannot lose another life to gun violence in this country. That is why I am so proud to be part of a government that cares about moving forward.

We know that, working with parliamentarians across the aisle and with Canadians at large, we can pass Bill C-21 as a package of reforms that would broadly enhance firearms safety throughout Canada. This would be the strongest firearms legislation we may ever see as parliamentarians. It would introduce stiffer sentencing for trafficking and new charges for illegal manufacturing of ghost guns and for altering the magazine or cartridge of a gun to exceed its lawful capacity. It would set out new wiretapping authorities for police to stop gun violence before it happens.

Bill C-21 would introduce a national freeze on handguns, and that would mean that the vast majority of individuals would no longer be able to transfer, that is buy, sell or import handguns into Canada. This would end the growth of handguns in Canada. This bill is also significant in how it would address the role of guns in gender-based violence, a pernicious issue we simply cannot ignore. It would prevent handguns from falling into the wrong hands. Individuals with a restraining order against them, whether previous or current, would no longer be able to obtain a firearms licence.

New red-flag laws would allow courts to order the immediate removal of firearms from individuals who may be a danger to themselves or anyone else. Additionally, yellow-flag laws would allow chief firearms officers to suspend an individual's firearms licence if the CFO receives information calling into question their licence eligibility.

The identity of vulnerable people who provide information to the courts would be protected. Let me be clear that there would be no obligation for victims to use these laws. These provisions would not remove any current tools. They would be there to offer additional protection, additional tools in the tool box.

The unwavering goal of this legislation is to protect Canadians, particularly those who are most at risk. Statistics show that victims of intimate partner violence are about five times more likely to be killed if a firearm is present in the home. I would like to share a few more important statistics with my colleagues. We know that the more available guns are, the higher the risk of homicides and suicides. Handguns are the most commonly used firearms in homicides, and suicides by firearm accounted for 73% of all firearm deaths in Canada between 2000 and 2020. Fifty-eight per cent of crime guns are traced to domestic sources that are predominantly from straw purchasing and theft.

Reducing the number of guns in our communities would mean reducing the number of victims of gun violence. Making handguns unavailable for transfer and restricting their importation just makes sense. However, as we have said from the beginning, we are not targeting responsible handgun owners or those using firearms for purposes like hunting or sport shooting; this is about tackling violent crime and preventing senseless, tragic deaths.

We know that no single initiative will end the complex issue of gun violence. This bill is but one part of our comprehensive approach. We have seen far too many tragedies, including those recently in Nova Scotia, Ontario and Quebec. We have seen close to 16,000 incidents of violent crime involving firearms in Canada since 2010. We have been clear that firearms designed for war, capable of rapid reloading and discharge that can inflict catastrophic harm, have no place in our communities.

We have also been clear that we fully respect and recognize the traditional and cultural importance of hunting for indigenous communities. The government recognizes the importance of consultation and co-operation with indigenous peoples to ensure consistency of federal laws with the United Nations Declaration on the Rights of Indigenous Peoples. This bill also includes a specific clause that clearly states that nothing in this definition is intended to derogate from the rights of indigenous people under section 35 of the Constitution.

It must be emphasized that guns that have already been designed and manufactured when the bill would come into force would not be affected. Other than so-called ghost guns, no existing rifle or shotgun whatsoever would be affected by this bill.

We would also be re-establishing the Canadian firearms advisory committee to independently review the classification of firearms on the current market with a diverse membership from across the country. This independent panel would be charged with making recommendations to the government about the classification of firearms and what constitutes reasonable use for hunting.

It is our goal to keep communities safe. I am confident that Bill C-21 would get that balance right. As we have said from the beginning, no single program or initiative can end gun violence. That is why this is just one of the many initiatives we are deploying, alongside border measures, investments in community infrastructure and banning assault-style weapons to keep our communities safe.

Since 2015, we have focused on the social causes of crime with programs like the $250-million building safer communities fund so that we can tackle gun crime and support community-led projects. We have also invested over $1 billion, since 2016, into the initiative to take action against gun and gang violence, which provides funding to provinces and territories to reduce gun and gang crime in our communities and enhances the capacity of the RCMP and CBSA to detect and disrupt gun smuggling. That is on top of the over $40 million provided annually through the national crime prevention strategy, which invests in community-based efforts that prevent youth involvement in crime and help address the risk factors that have been known to lead to criminal activity.

Federal officials have met with our federal, provincial and territorial colleagues to talk about the ways in which we could all make certain modifications to the bail system so that we can address specifically the challenges around repeat violent offenders who have used either firearms or other weapons, and this is how we will keep our communities safe through collaboration, discussion and multipronged approaches. Bill C-21 is a key piece of this puzzle.

I want to thank all members once again for their constructive input. I encourage all members to join me to today in making sure Bill C-21 moves forward.

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, the Minister of Public Safety and the parliamentary secretary have stated numerous times that the majority of Canadians support the ban of hundreds of models that were previously unrestricted firearms, yet when the current government conducted consultations with 133,000 Canadians, 77% of those very Canadians stated that no further restrictions were required. Upon which data does the government rely when it makes the statement that the majority of Canadians support these additional bans?

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, I personally do not know which data it is using, but I know that the government has undertaken considerable effort to conduct consultations both recently and before Bill C-21 was initially launched in the 43rd Parliament. We have reached out to people at gun clubs, to gun afficionados, to sport shooters and so forth right across the country to ensure that we were approaching this matter in a correct way.

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

Mr. Speaker, I thank my colleague for his speech and his work in committee. As chair, he did a very good job during the clause-by-clause study in committee.

It is interesting to hear his opinion this evening. Usually, committee chairs have a duty to stay neutral. That being said, he had to take a position at some point during the clause-by-clause study. One of his colleagues abstained from voting on an extremely important amendment and there were as many votes in favour of the amendment as there were against the amendment. He had to take a position, that of his government, and vote to prevent making the handgun freeze completely useless as the Conservative Party and the NDP tried to do.

While there was grumbling about the amendments the government tabled in November, and there was pressure from all the opposition parties and civil society in general, I know that there was pressure coming from within the Liberal caucus to withdraw these amendments.

I would like the member to explain to us how this happened on the government side with the tabling and withdrawal of amendments on assault weapons, which were rather controversial.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, it is great to be working with the member on the committee, and I would like to assure her that clause-by-clause is not always this bad and does not always take six months.

On the amendments we brought forward in the fall, it became clear, after much debate and much consultation on an ongoing basis, that they needed work, so they needed to be withdrawn and another approach taken. That is what we did. We responded to what people were saying. We listened and we took action so we could move this forward in a positive way.

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, in the response to my previous question, the member stated that the government had consulted with many hunting clubs and gun aficionados. I believe those were the terms he used. There are six hunting clubs in my own riding. I personally am not a gun aficionado, but I did take my PAL and my RPAL before becoming elected, in order to understand this industry. What advice did the government hear from those consultations? It is apparently different from what I am hearing, so what did the gun clubs reveal to the government?

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, I know that, in the 42nd Parliament, I believe, the then-minister of public safety and emergency preparedness conducted quite extensive consultations right across the country. He spoke with gun clubs and many people involved in the gun community. I set up a meeting between him and members of my local gun club. In my riding, there is one of the largest outdoor ranges in the Lower Mainland, and I have actually been invited there to shoot on a couple of occasions and quite enjoyed it. I do not know how anybody can afford to do that, because it is pretty expensive. Regardless, I arranged a meeting between them and the former minister. This consultation resulted in the first iteration of Bill C-21, which did not survive that particular Parliament; it was a starting point, however, for this new version of Bill C-21.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I am always grateful to be here speaking in the House on behalf of the constituents of Bruce—Grey—Owen Sound, but more importantly, for all the law-abiding firearms owners out there right across the country, particularly veterans, those in the military, those in law enforcement, sport shooters and even those in our parliamentary protective services.

I am disappointed to be once again speaking here under time allocation. When I spoke to the bill at second reading last year, it was under the same time allocation restrictions.

My speech will highlight three key factors: basing any dialogue or debate on the bill around data and facts, being open and transparent to Canadians and ultimately respecting our firearms owners. Underlying all of that, I will highlight the need for education to the general public and parliamentarians.

For the sake of transparency and to help educate all MPs and all Canadians listening tonight, let us review the history of how we got here at third reading via the data and facts.

First off, we have heard the terms, which have already been used a few times tonight, “assault weapon” and “military-style assault weapon”. I have been trying for three years to get an answer on that. The government's own commission report from Hill+Knowlton, which is on the Public Safety website, talks about the data that my fellow colleague spoke about: The vast majority of respondents, just shy of 200,000, do not support a handgun ban at all. In particular, the report talks about the need to define what is meant by “military-style assault rifle”. That is what the report says. When I asked the government to get that in writing, it said to look at this report, but the report says that the government better define it. Now here we are, umpteen years later, with no definition, and I have been trying with every tool at my disposal as a member of Parliament to get it.

As to the data on gun crime, over 85% of gun crimes are committed with illegal guns. They are not done by law-abiding firearms owners. In fact, law-abiding firearms owners are three times less likely to commit any crime compared to the average Canadian. I find it very frustrating for us to be debating a bill that is targeting the wrong demographic. We should be focusing on criminals, not law-abiding firearms owners.

In any case, the bill was brought forward last June as a handgun freeze, which ultimately the government did through regulation last October. There were a couple of other components to it. It talked about making airsoft or paintball guns illegal, and it talked about bringing in enhanced red and yellow flag laws.

Unfortunately, once the bill was debated in the fall, it did not take long for the government to use time allocation again to get it through second reading and get it to committee. It was then studied at committee, where loads of time was taken up with testimony. Experts were brought in to refute and apparently support the government's legislation in some ways. However, in the end, funny enough, in all the testimony brought in around airsoft, we heard, “Whoa, why are you going after this community? They're not the problem.”

On the red and yellow flag laws, I think initially there was a somewhat unanimous belief that the government's intention was correct, but we heard from the vast majority of women's groups that, in fact, they were going to make things worse and make it more difficult for them to get a response from law enforcement for their own safety. Members do not have to take my word for it. Ms. Rathjen from PolySeSouvient said, “there is not one women's group that asked for this measure.” Also, Louise Riendeau, from Regroupement, said, “we think these measures are unnecessary and may even be counterproductive for victims.... [W]e recommend that clauses...which introduce these “red flag” measures, be [removed from the bill].”

When we got through that, it was getting pretty evident to the government that the whole purpose behind the bill and two of the elements did not even make sense. They likely were not going to survive, so what did we see happen next? At the last minute, the government table-dropped hundreds and hundreds of amendments, including the infamous G-4 and G-46, which went after the vast majority of hunters' and farmers' semi-automatic rifles and shotguns right across this country, which obviously created a great uproar.

Before I forget, I am splitting my time with the member for Lévis—Lotbinière.

I know the chair of the committee was speaking before me. We automatically challenged the whole idea of going after law-abiding hunters' shotguns and rifles. It was out of the scope of the bill and was not what we debated. Unfortunately, the chair ruled that it was within the scope. Then we challenged it, but the member from the NDP supported that it was in scope, which created a great uproar because we could not kill this the minute it was tabled. The Assembly of First Nations, many indigenous groups, the vast majority of hunters and farmers and even sports icons came out in opposition to these last-minute amendments, and the backlash was great.

Fortunately, the NDP saw the light. It changed tactics and ultimately the Liberals realized their mistake. However, when they realized they were in trouble, they started filibustering the committee. In fact, one Liberal member ate up two meetings alone talking about firearms 101 just to kill time as they tried to figure out how to back themselves out of the situation they put themselves in.

We hit Christmas recess and came back in the new year. The committee then had to wait over six weeks for the Minister of Public Safety to show up and testify at committee, which he finally did a few weeks ago, in late April. Lo and behold, what did we see happen less than a week later? On May 1, the minister came out and said he was going to come forth with another new amendment to Bill C-21 that he would introduce at the last minute. It was a new definition of prohibited firearms. This was just a day prior to the clause-by-clause review recommencing at committee.

Obviously, members of the committee were very concerned. If I had had a chance to ask the chair, I would have asked if he thought there was any filibustering going on. We ate up one two-hour meeting asking officials some legitimate questions to make sure this new definition of prohibited firearms was not going to impact hunters, sport shooters and law-abiding firearms owners right across this country. Remember, we already had the Prime Minister on the public record saying he was going after some of the hunting rifles from our law-abiding firearms owners.

I was sitting at the committee that day, and I was quite surprised by the NDP House leader when he immediately started accusing the Conservative members of the committee of filibustering. In fact, at one meeting, 45 minutes into it, the Conservative members had talked for less than a minute and the member from the NDP had spoken for more time than anybody else in that 45 minutes while he was complaining about somebody filibustering.

Unfortunately, we are here now at third reading. However, I have some good news to share with Canadians and with members here in the House. I got an amendment through, which basically passed unanimously at committee. It was an amendment to focus on providing the necessary resources and ability for a licensed firearm owner to temporarily store their firearms with another licensed individual or business while they are dealing with mental health issues. Once the handgun freeze was brought in, a lot of veterans, who are potentially dealing with PTSD and mental health issues, were afraid to do anything with their guns. They were not going to seek help because they did not want to lose them full time.

Some bad news is that the red flag laws were supported by the NDP. They did not get cut from the bill. Even now, the Prime Minister and the government have come out and said they are going to use the Canadian firearms advisory committee, which they stopped using over four years ago, to continue to target the rifles and shotguns of law-abiding hunters and farmers.

Let us just educate Canadians and focus support on the root causes of gun violence in this country: crime, drugs, gangs, illegal trafficking of firearms, no substantive bail reform and, most importantly, poverty. That is instead of going after our law-abiding firearms owners. I will be voting against Bill C-21, a basically useless bill.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, I congratulate the member for his amendment being passed. The committee worked very hard to do so. It was great to have him substituting in here and there on the committee. It was a good help.

He mentioned that there is a problem with the definition of what an assault-style firearm is. I would agree that it needs work. That is, in fact, the purpose of the firearms advisory committee. It will consult with sports shooters, hunters, indigenous people and people across the country, from all walks of life, who will help it to formalize a correct and good definition of what an assault-style firearm is. I certainly hope that he will contribute to that discussion.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, absolutely I will contribute. In fact, I will give a little history lesson for the member and for everybody here.

Assault weapons have been banned in Canada since January 1, 1978. As somebody who has carried assault weapons in the theatre of war, I know there is not a single firearm out of the 1,500, now 2,000, firearms that have been prohibited through the May 1 OIC, and subsequently through an order in council and the firearms program, that I, as a military member, would have ever purchased, helped define or take on, with the exception of a couple of sniper rifles, which do not fit the definition that has been put forth.

I will correct the member. The terms “military-style assault firearm” and “assault firearm” are not in the bill or anywhere in legislation that I am aware of, not a single spot. The definition that has been brought forward is a new definition of a prohibited firearm. The NPD member earlier even talked about how the government already had the capacity to redefine what a prohibited firearm is just through regulation. The minister has that power.

Ultimately, I am confident that with a future Conservative government, we will properly define firearms in this country.