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)

Criminal CodeGovernment Orders

June 9th, 2022 / 11:10 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, the research that the member has done on the issue is admirable, as well as the work at the public safety committee.

What I am curious about is this. The member explained what measures will not work, but I would like to hear what measures will work. Often, when we have put measures in place, such as stronger background checks, the Conservative Party has opposed them. When we invested $350 million in law enforcement to prosecute gangs and stop trafficking, the Conservatives opposed it. Would there be any kind of gun control measure that the Conservatives will not oppose?

Criminal CodeGovernment Orders

June 9th, 2022 / 11:10 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I am not a hunter or a gun person myself, but I have a lot of constituents who are and I speak with many of them. They are all law-abiding citizens and they are okay with gun control laws that make sense. They are okay with background checks. The RCMP does criminal checks. All of that is completely acceptable. That is all good policy, so laws around that I would completely support.

Also, we need to fully resource police services and community groups across the country that are focused on keeping kids out of gangs, as well as health supports for people with addictions.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:10 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, the member spoke about some of the other challenges that Canadians and Canada are facing. I was just looking at one statistic. It says that there were 26,690 apparent opioid toxicity deaths in Canada between January 2016 and September 2021. There were 26,690 opioid overdose deaths in Canada from illegal drugs, yet the government is focused on spending billions possibly on buybacks, and so on.

Why can the government not put more effort into combatting illegal firearms and drugs coming into Canada?

Criminal CodeGovernment Orders

June 9th, 2022 / 11:10 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I am assuming that is a rhetorical question, as I cannot answer why the government is not doing something, but I would completely support the underlying premise. We have discovered that illegal drugs and illegal guns are tied together. We cannot solve one problem without solving the other, and I am mystified as to why the government has not yet introduced a study into the source of fentanyl and carfentanil that are killing people. It is completely unacceptable that 26,000 people have died. This is an advanced society and we need to find an answer.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:10 p.m.

Conservative

Clifford Small Conservative Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I am pleased to stand here this evening to speak to Bill C-21, an act to amend certain acts and to make certain consequential amendments (firearms).

Certain elements of this bill are good and Conservatives, as always, will support common-sense gun laws that target criminals and gangs. We are the party that is focused on protecting victims of crime.

Earlier today, this side of the House presented a motion that would have sent certain elements of the bill to committee immediately, elements of the bill that focused on protecting potential victims of gun crime, elements of the bill that would tighten up gun laws that address gun smuggling.

One amendment to this bill included a red flag provision that would allow law enforcement to remove firearms from a dangerous domestic situation more quickly. I am in support of that. It is a common-sense amendment that this side of the House is in support of and was ready to send it directly to committee so it could be passed more quickly.

Domestic violence is something that we should not take lightly. This side of the House feels that if we can get this to committee, we are much closer to getting this passed and much closer to saving innocent lives. However, that side of the House blocked this from happening. I am not sure why that side wants to politicize the lives of innocent men, women and children who are caught in domestic violence situations. Why?

Our motion also supported more severe penalties for criminals smuggling guns. Watching deliberations regarding the massacre in Nova Scotia, we heard some testimony that the man responsible for the shootings had guns brought over the border. We also heard that it was well known that the man had a vast selection of weapons.

Had there been tougher penalties for those illegal weapons, would there have been a different outcome? We will never know. I cannot, for the life of me, understand why the government would block such important measures. Why would it not want to take every opportunity possible to stop any occurrence of violent crime as quickly as possible?

Conservatives support the elements of Bill C-21 that are focused on protecting victims of gun crime and tightening up laws that address gun smuggling.

We know that gun crimes are not committed with legal guns or by law-abiding gun owners for the most part and represent a much lower proportion of violent crimes than those committed with knives or other weapons. We also know that the government has the means and ways to stop illegal guns from entering this country.

The question is why it is not stopping the illegal trade of firearms. If the government were as hell-bent on stopping illegal guns from getting into the hands of criminals as it is on keeping the useless travel restrictions in place, the streets of our cities would be much safer.

It is shameful that the Liberal government chooses politics over protecting victims and rejected our motion to immediately send those elements of the bill to the committee today.

Today's actions from that side of the House send a strong message that the Liberals are not serious about stopping dangerous criminals from getting their hands on illegal guns. Their actions tell me that they are not serious about making our streets safer. That is a shame, because the lives of so many are counting on the members of this House collectively to do the right thing.

The members opposite are simply not willing to back down on their political agenda and separate the ineffective and divisive parts of their bill that do nothing to stop gun violence and provide no benefit to vulnerable Canadians. I am confused.

When it comes to Liberal priorities, of course, they talk a good talk about gun crime, but the fact is the Liberals are going soft on real gun criminals and weakening the laws where it counts. For example, Liberals want a ban on pellet guns. I do not understand the mindset of the government. Do Liberals really believe a young person who owns a pellet gun is a criminal?

However, under Bill C-5, a gang member who is convicted of a violent crime would be allowed to serve his or her sentence in the very community that he or she terrorized. There is no mandatory jail time for those criminals. Let us stop and think about that for a minute. A violent offender has terrorized a person or a community and, rather than going to jail, that criminal can serve his or her time in the very community where he or she has committed the crime. This Liberal mindset is making our communities less safe and at greater risk for gun crime.

Since the Liberals were elected in 2015, gun crime has gone up steadily each year. For residents in cities like Toronto, Montreal, Vancouver and Winnipeg, gun violence is an everyday occurrence. The Liberals have ignored gun safety and put politics first at every step. This has come at an expense to everyday Canadians who are being victimized in their own communities by rising gun violence committed by gangs and dangerous criminals. Lives of innocent human beings are lost every day to legal guns used by criminals.

Canadians are tired of false promises. The Liberal government is more concerned about and focused on headlines and creating divisive legislation than the safety of Canadians. While the Liberal plan continues to fail and gun violence continues to grow, Conservatives will stay focused on common-sense firearms safety, tackling gun crime and making communities safer.

I grew up in a small community. Pellet guns were not considered a dangerous weapon, and I do not think any of the members across the aisle consider pellet guns or an airsoft rifle to be a dangerous weapon.

There are so many things in this bill that I cannot go along with. I have so many law-abiding gun owners in my riding who are feeling threatened by this legislation. Therefore, I move:

That the amendment be amended by adding the following: “and that the committee report back no later than 10 sitting days following the adoption of this motion”.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:20 p.m.

The Assistant Deputy Speaker Carol Hughes

The subamendment is in order.

Questions and comments, the hon. deputy House leader for the government in the House of Commons.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:20 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, there have been a lot of references tonight brought up about illegal guns versus legal guns. Regarding having fewer guns in circulation, countries like the U.K., Australia, New Zealand and those that have taken really strong measures against guns in their countries have seen casualties reduced. Whether it is death by accident, mass shootings or homicides, they have all been reduced in those countries. The proof is looking at what they have implemented.

A lot of what the U.K., Australia and New Zealand have implemented is exactly what we have been doing by this measure and by the one that we took in 2019.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:20 p.m.

Conservative

Clifford Small Conservative Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I truly appreciate my hon. colleague's question. I know her heart is in the right place, and she is a good person.

In London, every year now we are looking at between 400 and 600 acid attacks. If criminals cannot access their illegal guns, they find a way. There are knives, and there are cube vans.

Legally purchased firearms by law-abiding citizens are not the problem. The government knows everything we do, including the last time we went to the bathroom, so it should know how illegal guns are coming into the country.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:25 p.m.

Bloc

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

Madam Speaker, I thank my colleague for his speech. I will continue along the same lines.

A few days after Bill C‑21 was introduced, Le Devoir conducted a little investigation to see if the handgun freeze would actually be effective or a good idea.

The journalists interviewed André Gélinas, a retired detective sergeant with the Montreal police service. Without hesitation, he said that this freeze will in no way solve the problem or reduce crime in this country. In fact, he believes the freeze is aimed at the wrong target, because handguns are smaller and lighter, making them the gun of choice for criminals. They are bought illegally and arrive from the United States, as has been mentioned several times this evening. According to Mr. Gélinas, in order to reduce the number of shootings and incidents involving stray bullets, we need to deal with illegal guns.

I would like to hear my colleague's thoughts on that.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:25 p.m.

Conservative

Clifford Small Conservative Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I really enjoy my colleague's speeches in the House, and I find her to be very knowledgeable on the topics that she speaks on.

On Bay du Nord, we are not quite on the same page, but I agree with her 100% that we need to target criminals who access illegal guns, and gangs, etc. The real problem is not law-abiding gun owners, responsible taxpaying, God-fearing Canadian citizens who make this country great.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, my colleague from Coast of Bays—Central—Notre Dame mentioned the Portapique shootings, which were devastating. I am from Nova Scotia, and the daughter of a friend of mine was one of the people killed.

The killer had so menaced the community that a number of people had gone to the RCMP. One of his neighbours actually picked up and moved away, because the RCMP was not protecting the neighbours who reported that this man had guns and appeared to be dangerous.

One of the briefs that I have seen so far on Bill C-21 suggests that we should reverse the onus of burden to show that one should be a legal gun owner, and that the onus should be on the person who wants to own the gun as opposed to on neighbours to report on that person.

I know there is a red flag in this legislation, and I will wrap up here, but what are the member's thoughts on what we should do to change the onus?

Criminal CodeGovernment Orders

June 9th, 2022 / 11:25 p.m.

Conservative

Clifford Small Conservative Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I think my hon. colleague is in a different time zone than I am. I am on Newfoundland time, which is an hour and a half behind.

The red flag clause in the bill is a great clause, and I agree with the member.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:25 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, I will be sharing my time with the member for London North Centre.

It is my pleasure to speak on the laudable justice of Bill C-21, an act to amend certain acts and to make certain consequential amendments to firearms. The government has taken a multi-faceted approach to address firearms violence in Canada. Our ban on assault-style firearms on May 1, 2020 was a significant step forward in implementing a number of firearm policy commitments that were made in the Speech from the Throne in both 2019 and 2020. Bill C-21 builds on these commitments and other initiatives by addressing a multitude of factors that contribute to gun violence.

I want to start by addressing an issue that has been brought up so many times here today, the issue of illegal versus legal guns. I want to make it clear that the government is not targeting legal gun ownership; it is about creating safer communities for all Canadians.

As many of us have acknowledged here, and we have heard that the public safety committee has studied the issue as well, legal guns can turn into illegal guns. Since 2009, we have seen an increase, by three times, in the number of thefts of guns from legal gun owners. Those stolen guns then end up in the hands of criminals.

Also, statistics show that the more gun ownership we have, the more accidental shootings and deaths there are, accidents that are lethal or non-lethal. The stats show that Saskatchewan has the highest rates in the country of accidental shootings, next to Manitoba and then Alberta, followed by B.C. and then Ontario. I believe Quebec is one of the lower ones compared to the national average. That is something that could be decreased through this legislation.

As I mentioned a few minutes ago, there have been other countries that have addressed their gun violence with similar pieces of legislation, with similar reforms. We have seen, for example, that in Australia the rate of gun-related deaths fell by about 50%, and that number stayed there. That is remarkable. We have seen similar outcomes in the U.K. and New Zealand as well. That is really important to acknowledge.

Today, we have discussed where these guns are sourced from, and I appreciated the hon. opposition member's research into this, but I have also talked to many chiefs of police about the issue and I also used to sit on the public safety committee. There is a common understanding that over half of crime guns traced in 2020 were sourced domestically. They were either obtained legally or through theft and straw purchases, including 50% of handguns that were traced. For example, the shooting on the Danforth was with a legal firearm that was stolen from Saskatchewan and ended up being used in that mass killing, which was such an unfortunate incident.

Reducing the number of domestically sourced handguns that are diverted to the illegal market is part of our government's comprehensive plan to mitigate the deadly threat of firearm violence. This is a very important step.

The next thing I would like to address, which I know is a big concern for many members in the House, is the issue of gun smuggling. Reducing it is a key part of the government's fight to reduce access to illegal firearms. Firearms smuggling and trafficking are very often associated with organized crime activity and jeopardize public safety. Access to illegal guns enables the commission of other crimes, including drug trafficking. We must and will continue to take steps to address this, including by increasing the maximum penalties from 10 to 14 years of imprisonment for gun smuggling and trafficking.

According to a 2018 report from Toronto police's firearms enforcement unit, 70% of Toronto's crime guns for which sourcing could be determined came from across the border, compared with the 50% average between 2014 and 2017. That is why this step is so essential. Toronto police attributed the increase in foreign sourcing in 2018 to two large seizures by the guns and gangs unit. This has had a major impact on communities and provinces, which have called on the federal government to combat trafficking and smuggling.

Signalling the seriousness of these offences to criminals is of paramount importance in deterring these crimes. The proposal to increase the maximum penalty will also send a clear message to the courts that Parliament denounces these crimes.

Next I want to address Bill C-21's proposed red-flag regime in the Criminal Code, which seeks to prevent serious violence from occurring in the first place.

We want to prevent these incidents from happening by creating a new tool to temporarily remove guns from situations where violence may be possible. The new regime would allow any member of the public to apply to a court for an emergency weapons protection order that would prohibit or limit access by an individual to a weapon for a maximum of 30 days. It could go beyond that, if necessary, up to five years. The regime would also allow judges to hold emergency proceedings in camera or to redact or seal part of the record to protect the identity of the applicant or potential victims, another issue that was raised here today. We want to ensure that people feel safe to come forward.

The person making the application must have reasonable grounds to believe that another individual should not have access to a weapon because they pose a safety risk to themselves or to others. If a judge is satisfied that the grounds are met, they can make a temporary weapons prohibition order for up to 30 days. The removal of a firearm from an individual who poses a risk to themselves or others would provide the necessary time for authorities to undertake a full investigation and hearing. Following this, a determination could be made as to whether a longer-term prohibition is warranted.

This bill would also allow a member of the public to apply to a judge on similar grounds to seek a temporary limitation on access order of up to 30 days to prevent a person who is subject to a weapons prohibition from accessing firearms in the possession of another person. The order would be against the third person, who could be an acquaintance or a roommate.

Bill C-21 also proposes to address a gap in the law concerning replica firearms. These changes have been the subject of much attention since the introduction of the bill, so I would like to spend some time describing exactly what the bill proposes on this point.

The current definition of replica firearms, which has been in the Criminal Code since 1998, has two requirements: a device that exactly resembles, or resembles with near precision, a firearm, and that is not a firearm itself. Replica firearms are prohibited devices in Canada. Replica firearms are also considered imitation firearms, and the Criminal Code makes it an offence to use an imitation firearm in the commission of another offence.

Replica firearms are treated the way they are in our Criminal Code because the public and police are not able to distinguish them from conventional firearms, particularly in time-sensitive emergency situations. Sadly, we saw this recently in Scarborough. This is a very important part of what the bill is trying to address.

Many Canadians understand exactly the gap that is being targeted. It is quite simply this: a device that fires at a velocity of approximately 500 feet per second. That is addressed in this bill.

Finally, I will conclude by saying that through all the provisions in this bill, there would be a huge reduction in the number of firearms in Canada. I agree that we need to address this from several different angles, but the mere reduction that we will see once this bill is passed will have a significant impact, as we have seen in many other countries.

Criminal CodeGovernment Orders

June 9th, 2022 / 11:35 p.m.

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, in comments earlier, the hon. member across the way made it clear in her comments that the desire is to remove guns from our streets and have fewer guns in circulation. There are parts of Bill C-21 I agree with and my caucus agrees with, and we made the good-faith offer to split this bill, address those areas, get them through committee and get them enacted into law.

Why did the government reject that offer?

Criminal CodeGovernment Orders

June 9th, 2022 / 11:35 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, I think it is so important for us to make sure we get the majority of this legislation through this House and the other place. In particular, the freeze on handguns is essential. That freeze on handguns is one that the opposition is not in favour of, and as I have said previously, they are not in favour of our ban on assault rifles. In fact, they want to make sure that they can bring assault rifles back. We have seen that position in their previous platform, and many times when we have put forward legislation or proposals to restrict the use of firearms or the ownership of firearms, they have opposed them.