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

This bill was previously introduced in the 43rd Parliament, 2nd Session.

Sponsor

Bill Blair  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 often publishes better independent summaries.

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.

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.

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)

Criminal CodeGovernment Orders

June 21st, 2022 / 5:25 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, my speech will be interrupted and I will resume after Private Members' Business.

First of all, I would like to preface my remarks by saying that the gun owners I know, and I suppose out of all the people I know, I do not know who owns guns, but of those that I know who own guns, I can say they are sterling citizens. I am thinking of a couple of individuals in particular. They are pillars of the community and are constant volunteers.

It is very important that we do not impugn legal gun owners because they do take their responsibilities seriously. As a matter of fact, I was on the phone with a constituent today who is a gun owner. He was not happy with all aspects of this bill, obviously. However, he was quite happy to conform to all the responsibilities of gun ownership that are conferred on him by the government.

Also, I would like to say that I understand the cultural value of hunting. As a matter of fact, many years ago I had the opportunity to travel to Rouyn-Noranda in northern Quebec during moose hunting season. I was able to see first-hand how deeply ingrained the practice is in the community. Moose hunting is something that brings the community together. There is a deep reverence for the animal. I remember actually attending a moose calling competition in a church basement and people took it very seriously.

However, I will come back to that after Private Members' Business.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:30 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed consideration of the motion that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:30 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I left off by acknowledging that I recognize the cultural value of hunting in many communities and for many Canadians. Having visited a community during moose hunting season in particular, I understand and have seen first-hand the value that local citizens attach to that time of year.

I also understand the sentimental value, if we want to call it that, attached to certain heirloom firearms. I believe it was the member for Kildonan—St. Paul who had, at one point in her speech, talked about a rifle, a shotgun, that had been handed down from generation to generation in her family. In a sense, it represented the efforts of the family, going way back, to carve out a living in a harsh environment in Manitoba.

I understand the sentimental value of that heirloom firearm, but what I do not understand is the sentimental value of, for example, a Saturday night special or an AK-47. The rifle the member for Kildonan—St. Paul was talking about was used to carve out a space in the wilderness, I presume, but some of these weapons are used to carve up neighbourhoods through gun violence.

This bill is not about the cultural value of hunting. It is not about persecuting duck hunters or deer hunters, who do not use handguns to hunt their prey, in any event. It is about acting before it is too late. What I mean by that is I do not believe that any member of the House wants Canada to turn into the United States as we see it today. Regardless of party, I believe we are all united in this notion.

In the United States, there are more guns than people. People there carry guns routinely such that we could be sitting on a bus and could almost assume, or it almost makes sense to assume, that a person may be packing a pistol. We do not know, when we bump into someone, if they are going to take it personally. A tragic consequence could result. It is a country where we see gun tragedies almost daily. No one in the House wants to go there; no one in the House wants Canada to be that way.

Gun violence is a multi-faceted problem, and I think it is really important that we do not oversimplify the issue. I understand that in QP, questions can be one-dimensional and issues get simplified. It is all part of the cut and thrust of debate, but I think when it comes to crafting policy, we should not oversimplify.

I have heard it said in speeches in the House that, well, gun crimes are up with the Liberals in power. The first cardinal sin of oversimplification is to confuse correlation with causation, so let us look at the facts.

Since 2009, violent offences involving guns have increased by 81%. If I recall correctly, 2009 is before 2015, when our Liberal government was elected. The fact that gun crimes are going up has nothing to do with the Liberal government's agenda. In fact, it probably has more to do with funding cuts to the CBSA by the former Harper government.

Another fact is that handguns are the preferred weapon of criminals. We know that the RCMP and border services have been working hard to cut the flow of firearms into Canada, mainly handguns. As a matter of fact, I believe the RCMP and border services intercepted nearly double the number of firearms in 2021 than the year before. The forces of the government are working hard and are having some success. The idea that gun violence going up is the fault of the Liberal government really is a terrible oversimplification and should not be allowed to stand.

Another fact I have learned is that over half of crime guns traced in 2020 in Canada were sourced domestically. In other words, they were obtained legally, or through theft or straw purchasing, including 50% of handguns traced. That is a big number of guns that are actually legal guns. The problem of illegal guns coming across the border is a serious one, obviously, but so is the pool of legal guns in this country.

Another point I would like to make is that ordinary Canadians, all of us, have a right to feel safe. We hear the opposition talk about this constantly when they bring up crime issues. They always talk about victims and how the community has the right to feel safe. This is what the bill is all about. It is about the right of Canadians to feel safe in their communities, especially, for example, victims of conjugal violence.

There is a contradiction, I would posit, in the Conservative narrative. When it comes to protecting communities through minimum sentences, the Conservatives are all in, but when it comes to protecting communities by curbing gun violence, all of a sudden the argument is that of course they want to curb gun violence, but the Liberal government approach is just not a practical one that is likely to work. In other words, there is a big escape hatch in the argument.

It is a complex problem, and it is not going to be solved uniquely by freezing the pool of legal handguns in this country. Some funding is required. We have already put $920 million into addressing gun violence. That includes $312 million over five years to increase intelligence and investigative capacity at the border, and $250 million for municipalities and indigenous communities for programming to prevent gang violence through the building safer communities fund. As far as my own province of Quebec is concerned, our government recently provided $46 million to the province under the guns and gangs initiative.

I think that brings me to the end. I look forward to listening to further speeches on the topic.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:35 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Mr. Speaker, the member on the opposite side gave a good speech.

I would like to ask him a question, and he would know me to be somewhat analytical in my approach to Canada's problems and how the government needs to look at solving those problems. I am looking at the data that shows what crimes are actually being committed in Canada and what weapons are being used in those crimes.

Does the member think it might be a little unambitious to go after legal gun owners to deal with crimes that are largely committed with guns that are not legally registered, or could his government perhaps decide to work a little harder and provide a little more ambition to show Canadians how that would reduce crime across Canada?

Criminal CodeGovernment Orders

June 21st, 2022 / 6:35 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, as I mentioned, freezing the pool of legal handguns would not solve the problem in and of itself. It would reduce the risk going forward of illegal handguns from a growing pool making their way into the hands of criminals.

It would minimize the risks, but there are other actions that need to be taken at the border. Those actions are being taken through budget investments that would help pay for new technologies, new scanning technologies. As I mentioned in my speech, there is money being spent to enhance the intelligence gathering and investigative capacity of the RCMP and the CBSA. We have to tackle gang activity through different programs, and so on and so forth. It is not just one solution to a complex problem.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:40 p.m.
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Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, at the beginning of his speech, the member said that Bill C‑21 does not target hunting rifles and that hunters are capable of managing their firearms responsibly.

This bill, however, is a half measure. The member said people should feel safe. As a member from the Island of Montreal, he knows that there are neighbourhoods where people no longer feel safe.

Does he agree that Bill C‑21, while it may be a step in the right direction, should have gone much further and should have included stricter control at the border and joint efforts to fight organized crime and smuggling as well as the registry we have been talking about for weeks that could have given us more control over smuggling and made Montreal's streets safer?

Criminal CodeGovernment Orders

June 21st, 2022 / 6:40 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, that is a good question. I see these as two components.

This bill seeks to freeze the legal gun market, including handguns. As far as the border is concerned, it is often a question of budget, which requires giving the departments the necessary resources to develop more effective strategies to deal with illegal firearms smuggling.

To me, these are two different components. The fact that we introduced Bill C‑21 does not stop us from giving the RCMP and the Canada Border Services Agency the resources they need to develop the strategies that the member for Montcalm mentioned.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:40 p.m.
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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, normally I would say it is a pleasure to rise to speak in the House, but I find it a little challenging when it is concerning Bill C-21.

In my former life, I was the mayor of a small city in Saskatchewan. One of my many roles as mayor was being the chair of the police commission. I have witnessed first-hand the full spectrum between responsible firearms owners and gang members. I am no stranger to competitive shooting or understanding the importance of the safe use of firearms. As a young boy, I won top shot numerous times in Air Cadets, and I was second in my platoon in basic officer training in Saint-Jean, Quebec. I credit this to my grandfather, who was a sniper in the offensive during World War II.

I personally know several people, and those from organizations, who are all responsible firearms owners who promote firearms safety. Today we are in the House to debate an example of the government doing something just to say it is doing something. This is something it has tremendous experience in. It is as though it legislates to generate good talking points instead of good policy. There is an old saying: “Walk around. Carry a clipboard, and look busy.” This is exactly what the government is doing: looking busy and accomplishing nothing.

As everyone watching likely knows, Bill C-21 is the Liberal government's latest attack on responsible Canadian firearms owners, another band-aid solution, another policy that would punish people instead of helping them. The government has had a habit of punishing people or industries for ideological reasons. I can name any number of examples: its carbon tax, warning labels on ground beef and, today, this attack on lawful firearms owners.

The NDP-Liberal government does not think people should hunt. It does not think farmers need firearms as tools. It does not think target shooting is a legitimate sport. The government simply does not believe anyone should own a gun. In short, it does not understand rural Canada. It is attacking us and our way of life.

Today I would like to spend some time talking about one of the aspects of this bill that has received the most attention and the most press: the handgun. Licensed handgun owners in Canada are responsible owners. For my Liberal colleagues across the aisle, who likely do not know the process but think they are experts, I would like to share with the House the lengthy process to obtain a handgun in Canada.

First, people need to go through the process to get their PAL. Again for my Liberal colleagues, that stands for a possession and acquisition licence. That involves taking the firearm safety course, passing the test and, finally, filling out the application forms and going through the needed background checks. To obtain a licence for a handgun, people also need to pass an additional safety course, which is the Canadian restricted firearm safety course. They must register the handgun and follow special storage, display, transportation and handling requirements. They may not carry the firearms on their person, they may only use them for target shooting or collecting. They may only be used at approved ranges, and one would likely need to be members in good standing at said ranges, which would come with its own background check.

After going through all these steps, it is not hard to see why handgun owners are so responsible. The cost and time to go through this process alone would deter anyone from breaking any of these rules. The question I have for my NDP-Liberal colleagues is this: What would a handgun ban accomplish that these strict rules do not already accomplish?

We all know that Canada's largest cities are experiencing a surge in gun violence. That is something that needs to be fixed, and fixed quickly, but it is not something this bill would do anything to address.

The government has never even tried to address the reasons people join gangs. Youth do it out of a sense of hopelessness and a lack of belonging. Hopelessness is created by not having a sense of responsibility. Who would when a government tries to bubble-wrap people and make decisions for them in almost every aspect of their lives?

What we want are responsible citizens who make decisions for themselves, who understand that for every decision a person makes, there is a consequence and sometimes an unintended consequence. For every decision someone makes, they have a choice between doing something good or something bad. They can either contribute to society and help their fellow man or take away from society and tear down their fellow man. What needs to be instilled in this country and future generations is a sense of responsibility, a sense of belonging and clear examples of the differences between right and wrong.

The gangs our youth are joining that commit these shootings are not using legal, registered firearms. They are using handguns smuggled over the border. Our border agency, the CBSA, needs more resources to tackle this problem. That is something that this bill, Bill C-21, falls well short of.

Recently, the public safety committee tabled its guns and gangs report, which included several recommendations to tackle gun violence in Canada, recommendations that seem to have been totally ignored in drafting this bill. It included recommendations such as creating a program to tour young offenders through penitentiaries; maintaining mandatory minimum sentences for drug and firearm-related crimes; removing the expensive firearm buyback program and allocating the money to gang prevention programs; adequately funding indigenous police forces to combat gangs and gun smuggling; and that the government actually recognize that the majority of illegal firearms in Canada are the result of smuggling.

If the NDP-Liberals were more interested in developing good policy instead of good talking points, they would have paid attention to the committee's important work. Sadly, this has not been the case.

Bill C-21 is not only short on resources for the the CBSA, but also for the RCMP. I have a constituent who has been trying, as a responsible gun owner, to contact the RCMP to register a handgun so that they are aware before the deadline. There are absolutely no resources in the RCMP to handle this influx of requests caused by the government's announcement. I have spoken to this man personally and he is very concerned. He is very concerned because he is a responsible gun owner and he wants to do the right thing, but he cannot accomplish that because of the limited resources the government has allocated to allow him to follow the rules.

As I mentioned before, I can say with near certainty that the gang members in downtown Toronto are not graduates of a restricted firearms safety course. I talked earlier about carrying a clipboard and looking busy. The government is very good at introducing legislation that does very little and simply virtue signals to their base. That is exactly what Bill C-21 is doing, virtue signalling to their base at the expense of Saskatchewan and all of rural Canada.

Finally, this being my last chance to speak before we will rise for the summer, I would like to take this chance to thank the pages, interpreters, security, IT staff and everyone else who keeps this place running. I wish them a well-deserved summer.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:50 p.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I can understand and appreciate the member is not going to be supporting the legislation. The Conservative Party has made that very clear. It is the only political party that will not be supporting this legislation.

More things are involved, if the member is aware, within this legislation. For example, the idea of red flags and yellow flags and ensuring there is a higher sense of safety and security for situations of domestic abuse. Does the member see any aspect of this legislation he could actually support?

Criminal CodeGovernment Orders

June 21st, 2022 / 6:50 p.m.
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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, the member talks about red flags and yellow flags. Here is a red flag: Our party approached the Liberals to split this bill so that we could actually have a conversation about it, but that did not happen. The red flag is when we hear from the Liberals that they want to listen to the people, but they are not. They did not listen, and they are not listening to reports coming to them that are giving them good advice. Instead, they are shutting themselves down and saying this is what we need to do. They are not listening. They are not listening to Saskatchewan.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:50 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, there are two important groups that support this bill.

The first is PolyRemembers, which was founded after the shooting at École polytechnique in Montreal in 1989, where 14 young women were killed. The other represents survivors of the Quebec City mosque, who also applauded the bill. That should count for a lot when we are making a decision.

There have been other shootings in Canada, and I am not sure if other groups support this bill. In Quebec, it is clear that the bill has the support of these groups. Does the fact that these people applaud the bill and want it passed count for anything for my colleague?

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, number one, I do remember that tragedy. It is still fresh in my mind, the moment when I heard the news about what happened. It is a tragedy, but I also would like to point out that there is an opportunity to have an open conversation about motivating factors and what the motivating factors are for people who illegally use firearms. That is not being addressed in this bill, so I find that tragic as well.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I spent a lot of time with the member in committee, and I really appreciate his feedback and his thoughtful presentation tonight. I know there has been a lot of intimate partner violence, and we know more and more we are seeing guns used in this. When we look at domestic violence and intimate partner violence, this is a growing concern. I am just wondering if he has any suggestions about what the government needs to do to approach these issues and to make sure that we keep people safe in these situations.

Criminal CodeGovernment Orders

June 21st, 2022 / 6:55 p.m.
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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, I wish the member a very happy summer and look forward to working with her again in the fall, if we have that opportunity, in the committee.

Domestic violence is obviously a tragic thing that happens, and I am very sad that it does happen, but again, we need to focus on what drives and motivates. We are talking about gangs and what motivates people getting into gangs. That is a challenge, because they have a sense of hopelessness. They feel like they are not part of something. That is not being addressed. All the recommendations that have come forward are not being addressed in this bill.

Just doing something to look like something is being done does not solve the problem. We need to address the root of this problem, so I just ask that we vote this down and give it an other opportunity to actually address the real concerns within our country.