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

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

Similar bills

C-21 (43rd Parliament, 2nd session) An Act to amend certain Acts and to make certain consequential amendments (firearms)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-21s:

C-21 (2016) Law An Act to amend the Customs Act
C-21 (2014) Law Red Tape Reduction Act
C-21 (2011) Political Loans Accountability Act
C-21 (2010) Law Standing up for Victims of White Collar Crime Act
C-21 (2009) Law Appropriation Act No. 5, 2008-2009

Votes

May 18, 2023 Passed 3rd reading and adoption of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 18, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (recommittal to a committee)
May 17, 2023 Passed Concurrence at report stage of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
June 23, 2022 Passed C-21, 2nd reading and referral to committee - SECU
June 23, 2022 Failed C-21, 2nd reading - amendment
June 23, 2022 Failed 2nd reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (subamendment)
June 21, 2022 Passed Time allocation for Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:10 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, it is really up to Conservatives to defend their record on this, but in committee, I proposed about a dozen times for a time extension to continue clause-by-clause. A dozen times, the Conservatives said no, and a dozen times, I asked to let us keep working.

Even last Tuesday night, we finished at 6:30 p.m., and I moved for unanimous consent to keep working, but Conservatives shut it down. That happened a dozen times, until the House of Commons directed the committee with a structure that allowed us to get through every single amendment, which was a really effective committee study.

I cannot explain how Conservatives acted in committee. I cannot explain how they are acting at report stage. I can say that the parties that have worked together have produced a bill that—

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

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

We will continue with questions and comments.

The hon. member for Barrie—Innisfil.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I recall over a year ago, when Bill C-21 was introduced, just how giddy with glee the NDP was until it had an epiphany about the impact this was going to have on its rural ridings. Those ridings include Churchill—Keewatinook Aski, Courtenay—Alberni, Cowichan—Malahat—Langford, North Island—Powell River, Skeena—Bulkley Valley, South Okanagan—West Kootenay, Timmins—James Bay and Nunavut. All of those MPs reversed course on Bill C-21 when they, in fact, were supporting it at the beginning.

Canadians are not stupid. Members in those ridings and the citizens in those ridings are not stupid, and they will remember what the NDP did with Bill C-21.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, my colleague just mentioned some of the best members of Parliament in the House of Commons. They are members of Parliament who stand up for their constituents. They are members of Parliament who actually do things to make a difference in people's lives.

The reality is that it is the NDP who stopped both the G-4 and G-46 amendments. Conservatives pontificated, but they did not move anything procedurally. For weeks and weeks, Conservatives just sat there. They fundraised, of course. They love fundraising off of misinformation, but they did not do anything in the House. The difference between New Democrats and Conservatives is that New Democrats get the job done.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I would like to talk about consistency. Over the past few months, the Conservatives have repeatedly criticized Bill C-21 on the grounds that it attacks sport shooters and athletes. Clause 43 actually mentions these elite sport shooters to protect them from the handgun freeze, but—surprise, surprise—the Conservatives want to delete that clause. I wonder if my colleague can explain to us why they are saying that, on the one hand, we have to protect shooters and, on the other, we have to delete the only clause that protects them.

Motions in AmendmentCriminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, that is an excellent question. The Conservatives say they have to have exemptions, but now they want to get rid of this exemption. That is ridiculous, and it goes to show how the Conservative Party is just not taking the Bill C-21 debate seriously. They did nothing to delete the amendments the Liberals put forward in committee in November. They did nothing to improve the bill. I am glad they supported amendments from the NDP, the Liberal Party and the Bloc, but the Conservative Party contributed absolutely nothing at any point in the process. Now the Conservatives are even contradicting themselves. They are proposing amendments that cancel measures they themselves said were essential.

The House resumed consideration of 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.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:15 a.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, it is very important that I rise to speak to this bill today for a number of reasons. This bill reflects the will of the House, the will of the committee and the will of Canadians.

On a somewhat personal level, I will say that we are all here as a members of Parliament. Our families have jobs that they do back home, and so do our brothers and sisters and so forth. One of my siblings, one of my brothers, has been a first responder for the Vancouver Police Department for a long time. If I can put a date on it, my brother and the Minister of International Development, the former defence minister, actually went through police training together many decades ago.

I reside in Ontario. My family all resides in British Columbia and, for the longest time, when my brother did his job, I never thought about his safety. Recently though, over the last few years, I do think about his safety quite a bit. My heart goes out to all of those families who have been impacted by gun violence, particularly, of course, the first responders who are doing their job, day in and day out, whether it is in Prince Rupert, Prince George, Halifax, Vaughan or the Lower Mainland in Vancouver as part of the Vancouver Police Department. This legislation we have brought forward, after exhaustive consultation, is another piece of recognizing that we must do something. We must act.

I am glad to see that the committee on public safety has incorporated amendments. I am glad to see that hunters, folks pursuing a traditional way of life, sports shooters and so forth, can continue to do what they do because I know many of them, on both sides, from my time growing up in northern British Columbia in the riding of Skeena—Bulkley Valley. I remember going up to the Skeena River and people going hunting and shooting for moose or deer. As well, in my riding of Vaughan, many folks go up to northern Ontario to go hunting. It is important that they continue to do those pursuits. I am glad to see that.

At the same time, handguns and AR-15 style weapons have no place, in my view, in our society. We need to make sure Canadians feel safe in their community. We need to make sure that Canadians know they are safe and that is what our government is doing.

I wanted to put that thought forward because not a day goes by now when I do not think about my brother on duty and what he does for the Vancouver Police Department keeping the citizens in Vancouver safe. Not a day goes by now that I do not try to call to ask how he is doing and how he and his family and his daughters are doing because that is where we are today. I am glad we are acting.

I am pleased to join the debate on Bill C-21, an act to amend certain acts and to make certain consequential amendments, firearms. We have said all along that this bill is historic. It is the most significant step in gun reform in a generation. Canadians deserve safe, common-sense firearms laws, while, virtually every day, we see media reports of gun violence in our communities.

Each one is a tragedy involving someone, whether a child, a parent, a partner, a friend, a brother or a sister, who was loved and is now missed by their community. That is exactly why we have taken the time to reflect, consult and discuss Bill C-21 with survivors, indigenous communities, industry groups and hunters, and why, after meticulous study and consideration, we recently brought forward amendments to the bill. We know that gun safety cannot wait, but we have been careful to balance the urgency of this bill with the need to get it right. This government has done more than any other to advance gun safety.

Three years ago, we banned 1,500 assault-style firearms, those that have no place outside the battlefield of war. We introduced the bill before us today, Bill C-21. This bill would inscribe into law the national freeze on handguns.

It would target organized crime, with stiffer sentences for trafficking guns and new charges for altering the magazine or cartridge of a gun to exceed its lawful capacity. It would take much needed steps to address the role of firearms in gender-based violence. While there is no obligation for survivors of gender-based violence to use these laws, they can help prevent handguns from falling into the wrong hands and stop needless tragedies before they occur.

Someone who currently or previously had a restraining order against them would no longer be able to obtain a firearms licence. We are proud to introduce new red flag laws that mean courts could take firearms away from those who are a danger to themselves or anyone else. Bill C-21 also contains new yellow flag laws to allow chief firearms officers to suspend an individual's firearms licence if the CFO receives information calling into question their licence eligibility.

Furthermore, with the support of our colleagues in SECU, we adopted amendments that would help protect victims of violence and those at risk of self-harm by a firearm. Firearms licences would be revoked within 24 hours in cases of domestic or intimate partner violence, and there would be new exemptions for those who use a firearm for their employment. When a weapons prohibition order or protection order is issued, this would be reported to authorities within 24 hours. Further, if a person is undergoing a mental health crisis, they would be able to temporarily transfer their firearm to another person or business, helping to keep themselves or their loved ones safe.

Again, survivors of violence are under no obligation to take such actions, and measures would be taken to protect the identity of vulnerable individuals who do provide information to the courts. Canadians' safety is our utmost, paramount concern. Bill C-21 is another step to bring in needed, prudent and necessary measures on ending and preventing gun violence.

We have heard jarring statistics from my colleagues that the more available guns are, the higher the risk of people dying unnecessarily in tragic situations of homicide and suicide. We can all look at the statistics in the United States for that fact. Let me be frank, the only sensible response to these kinds of cold, hard facts is the kind of gun reform we are discussing here today. As soon as we know that something is dangerous and unnecessary, we have an obligation to remove that risk from our communities and protect the people in them. This is particularly true when those who are at highest risk are already marginalized in our society and vulnerable to violent outcomes.

When it comes to assault-style firearms, we are compelled to act now. We know that if the most lethal guns are unavailable for purchase, if they are present in fewer numbers in our communities, we can drastically reduce the number of victims of gun violence. Some folks talk about causation and correlation. One fact we know is that in the United States the use of AR-15 type assault rifles is killing people needlessly. In Canada, we are not going to allow those types of U.S. gun laws to come here. We are going to make sure we have sensible gun laws that make sure that those types of weapons do not exist in our country.

We know that if the most lethal guns are unavailable for purchase, if they are present in fewer numbers in our communities, we can drastically reduce the number of victims of gun violence. This is what Canadians want. The proposed technical definition of prohibited firearms allows us to proactively address advances in the firearms market and keep firearms designed for the battlefield off our streets. Incorporating technical criteria in this definition puts the onus on industry to do their part in protecting our communities from assault-style firearms.

We also brought forward amendments to address emerging threats, such as ghost guns. Bill C-21 would make all illegally manufactured firearms, also known as ghost guns, prohibited firearms, create new offences to prohibit the possession, access, distribution, making available or publication of digital files and blueprints, and regulate the transfer and importation of certain parts to ensure they are not being used to create ghost guns. Again, this is not about taking guns away from responsible handgun owners, hunters or sport shooters. This is about tackling violent crime and preventing senseless, tragic deaths.

That brings me back to the amendments to Bill C-21 we recently introduced that were adopted last week in committee. I applaud the committee members for their hard work on this very important piece of gun safety legislation. It is prudent legislation to prevent needless, senseless deaths by guns. Guns kill people.

As I mentioned earlier, we have taken the time to speak with constituents from coast to coast to coast. It does not matter where one goes in this great country, in every corner, we could find skilled, experienced hunters who are more than happy to chat for hours about how it is more than a hobby for them, how it is been passed down through generations, and how it forms a key part of their culture and way of life.

That is why these latest amendments provide clarity and protections around responsible gun ownership. We are focused on the most pressing issue, keeping Canadians safe. Again, as we have said from the beginning, no single initiative would end gun violence, but Bill C-21 is a major component. It is one of three key pillars of our plan. The second pillar is strengthening resources to tackle gun crime, including smuggling, preventing firearms from entering our borders in the first place and targeting ghost guns. The third pillar is about investing in communities. Initiatives like the national crime prevention strategy, the gun and gang violence action fund, and the building safer communities fund get straight to the roots of violence. They stop it before it starts.

I look forward to questions and comments.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, at the very beginning of his speech, the member mentioned that there is no place for handguns in Canadian society. I think I quoted him almost verbatim. While I agree there is no place for illegal handguns that criminals are using to commit crimes, I would like to remind him of a quote, especially since sitting very close to him there is a proud Olympian who might find this quote interesting.

It is by Lynda Kiejko, an Olympian in women's pistol shooting. She said, “I take great pride in representing my country on the—”

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

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

I am sorry to interrupt the hon. member. The rule applies both ways. We do not mention the presence or absence of members in the House.

The hon. member for Barrie—Springwater—Oro-Medonte.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, I should say the member has a good Olympian on his team over there, who may be interested to hear this.

Lynda Kiejko said:

I take great pride in representing my country on the world stage, as do all athletes. I'm sad that due to the handgun ban, the order in council, Bill C-71 and this proposed legislation, I will not be able to represent Canada on the world stage. Athletes who come after me won't even have an opportunity to compete, as they will have no access to competition firearms.

What would the member opposite like me to tell this Olympian, who has proudly represented our flag at the Olympics in the past?

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

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

The hon. member for Battle River—Crowfoot is rising on a point of order.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I know that sometimes tempers can rage in this place, but I believe that the hon. Parliamentary Secretary to the Minister of Health and to the Minister of Sport was using language that, I am pretty sure if you were to look at the Standing Orders, would be deemed unparliamentary. Although I do not think it was meant to be on the record, we need to hold ourselves to a high standard in this place.

I am wondering if you would rule as to whether or not the language he used was appropriate.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

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

I cannot make a ruling because I did not hear it.

The hon. parliamentary secretary.

Criminal CodeGovernment Orders

May 16th, 2023 / 11:30 a.m.

Liberal

Adam van Koeverden Liberal Milton, ON

Madam Speaker, I am deeply apologetic if I offended the member opposite with any words that I used sitting here by myself.