Parliamentary Committee Notes: Overview Deck

A comprehensive package of legislative measures to reduce firearms violence

• In May 2022, Bill C-21 was re-introduced after dying on the Order Paper the year before.
• Designed to deliver on mandate commitments to prevent and reduce firearm crime and violence, as introduced, Bill C-21 introduced new measures that aim to:
  • Reduce firearm-related family violence and self-harm;
  • Prevent most individuals from buying, selling and transferring handguns;
  • Strengthen border controls and authorities to combat firearms smuggling, trafficking and related offences;
  • Establish new firearm-related offences and strengthened penalties; and,
  • Enhance the security of federal entities and solidify the administration of firearms control.

Reduce firearm-related family violence and self-harm

The Bill contains five distinct measures to limit access to firearms by those who pose a risk of harm to themselves or others:

1. “Red flag” law: the Criminal Code would be amended to allow anyone to apply to a judge for an order to immediately remove firearms from an individual who may pose a danger to themselves or others. The judge can also issue an emergency order to ensure that a third party does not provide firearms to an individual who is prohibited from possessing them.
   • The order is for a period of up to 30 days.
   • Judges would have discretion to protect the identity of the applicant or anyone known to them.
2. “Yellow flag” law: Chief Firearms Officers (CFOs) could temporarily suspend an individual’s firearms licence for up to 30 days if, based on information received, the CFO has reasonable grounds to suspect the individual is no longer eligible to hold a licence.
   • During the suspension, an individual would be prohibited from using firearms, and could not acquire or import new ones. This would provide a pause while the CFO assesses whether to revoke the licence.
   • If the CFO is satisfied that the grounds for the suspension cease to exist within the 30 days, the licence would be immediately reinstated.
3. Require the surrender of firearms while an individual challenges their license revocation, and measures to facilitate their safe disposal, if required.
   • Owners would no longer retain their firearms while appealing a revocation.
4. Automatically revoke a licence when an individual is subject to a protection order or involved in an act of domestic violence or stalking.

• The definition of protection order is to be defined in regulation, but is intended to include such orders as peace bonds and restraining orders.
• Domestic violence and stalking would involve physical, emotional, financial, sexual and other forms of abuse, and harassment, as recognized by the courts.
• Would require disposal (e.g., sale, deactivation, surrender) of all of the individual’s firearms once a revocation decision has been confirmed.
• Individuals could apply for a licence with conditions if they need a firearm for sustenance hunting.
1. Ineligibility to hold a licence if an individual is subject to a protection order.
   • Current protection orders, subject to some exceptions to be determined in regulations, would be automatically disqualifying.
   • Regulations would establish criteria individuals would need to meet in order to re- apply for a licence.

Prevent the transfer of handguns to most individuals (a “national freeze”)

A national freeze on the sale, purchase or transfer of handguns by individuals within Canada, and bringing newly-acquired handguns into Canada came into force by regulations on October 21, 2022.

The Bill contains measures to codify the handgun freeze into law:

• Most individuals would no longer be permitted to acquire or import handguns in or into Canada
  • Businesses could continue to sell to other businesses (e.g., movie/entertainment, museums) and to exempted individuals.
  • Exempted individuals include those with an Authorization to Carry (e.g., valuable goods carriers) and elite sports shooters who compete or coach in a handgun discipline recognized by the International Olympic/Paralympic Committee.
• Individuals would no longer be able to obtain registration certificates or Authorizations to Transport from a port of entry for new handguns.
  • Individuals could re-import handguns they already own back into Canada.
  • These restrictions would not apply to businesses and exempted individuals.

• Individuals that already own handguns could continue to possess and use them.
  • However, they would only be able to transfer them to businesses or exempted individuals, or otherwise lawfully dispose of them.

Strengthen border controls and authorities to combat firearms smuggling, trafficking and other offences

The Bill contains five distinct measures to deter smuggling and strengthen border controls:

1. Impose stronger Criminal Code penalties for gun smuggling and trafficking and related offences.
• Increase maximum penalties from 10 years to 14 years imprisonment.
2. Require presentation of a firearms licence to import ammunition so that individuals without a licence cannot obtain ammunition from abroad (e.g., for an illegal firearm).
3. Authorize the disclosure of information about firearms licence holders to Canadian law enforcement agencies when there are reasonable grounds to suspect the licence is being used for straw purchasing and firearms trafficking.
   • A reporting requirement will be added to the Annual Report of the Commissioner of Firearms to ensure transparency.
4. Improve the ability of the CBSA to manage inadmissibility to Canada when foreign nationals commit a prescribed offence upon entry to Canada, including firearm-related offences.
   • Technical amendments to Immigration and Refugee Protection Act would clarify that the existing regulation-making power may prescribe specific offences, whether in acts or regulations, as applicable for this inadmissibility ground.
   • Concurrent regulatory amendments are under development which would better focus the inadmissibility on the most serious cross-border offences and provide officers at ports of entry the authority to issue removal orders for the most straightforward offences, such as importing a firearm without a permit.
5. Transfer policy responsibility for transborder criminality from the Minister of Immigration, Refugees and Citizenship to the Minister of Public Safety.
   • Better aligns with the Minister of Public Safety’s existing policy responsibilities with respect to border management, immigration enforcement, and criminal law enforcement.

Establish new firearm-related offences and strengthened penalties

• Create a new Criminal Code offence for altering a cartridge magazine to hold more than its lawful capacity.
  • Maximum penalty of five years imprisonment on indictment or punishable on summary conviction.
• Add two firearms offences to the list of Criminal Code offences eligible for wiretapping.
  • To better investigate gang violence, add “possession of an unauthorized firearm” (section 92) and “unauthorized possession of a loaded prohibited or restricted firearm” (section 95) to the list of firearms and other offences already eligible for wiretapping.
• Create an offence for a business that promotes or depicts violence against a person in firearms advertising.
  • Maximum penalty of two years imprisonment, in the case of a first offence, and five years for each subsequent offence.

Enhance the security of federal entities and solidify the administration of firearms control

• Enhance the security of certain federal entities:
  • Update the definition of public officers in the Criminal Code to include security personnel of the Bank of Canada, Royal Canadian Mint and other individuals prescribed by the Governor In Council (GIC); and
  • Grant limited peace officer status to security personnel at Canada’s nuclear facilities and provide independent review of their actions.
• Enhance the administration of the firearms control regime:
  • Repeal the authority in the Criminal Code of the GIC to downgrade the classification of a firearm despite technical characteristics;
  • Automatically expire registration certificates after a change in a firearm’s classification by amendment to a federal Act or regulation;
  • Amend provisions for Authorizations to Carry (ATC) for personal protection to allow only the Commissioner of Firearms to approve, and formalize the approval requirements in regulations; and
  • Make other technical amendments.

SECU Amendments to Bill C-21

Additional amendments that were carried by SECU:

• Address ghost guns including:
  • requiring a licence to acquire and import certain firearm parts (all firearm barrels, and handgun slides)
  • creating new Criminal Code offences to prohibit possessing, accessing, distributing, publishing, or making available digital files of 3D printed firearms or prohibited devices for the purpose of unauthorized manufacturing or trafficking
  • defining illegally manufactured firearms as prohibited firearms
• Amend the Criminal Code definition of “prohibited firearm” to add a new prospective, technical definition which contains the characteristics of an assault-style firearm
• Require a parliamentary review 5 years post royal assent of the new prospective, technical definition
• Recognize and reaffirm respect for Aboriginal and treaty rights of Indigenous peoples
• Require a licence to purchase (transfer or import) a cartridge magazine

Red and yellow flag and expanded licence revocation provisions (11 motions carried):

• Addition of intent regarding definition of a protection order
• Definition of domestic violence to be considered by a CFO when determining whether an individual has engaged in an act of domestic violence
• Licence ineligibility for individuals currently under a protection order or who have been convicted of a violent offence against an intimate partner of family member
• Licence revocation - Time limit to deliver firearm to law enforcement defined in the law rather than in regulations and removal of possibility to otherwise lawfully dispose of it
• Explicit reference to medical professionals to allow for reporting of concerns to CFO in determining licence eligibility
• Require an individual subject to a weapons prohibition order or a licence revocation to deliver their firearm to a peace officer, firearms officer or CFO
• Remove the employment exemption for licence revocations
• Any authority creating, varying, or revoking a protection order must inform a CFO within 24 hours

Prohibition of mid-velocity ‘replica’ airguns provision (1 motion carried):

• Removal of the provision proposing to prohibit the import/export and transfer of mid-velocity replica airguns to individuals

Annex A: Bill C-21 Timeline

• May 30, 2022 – Introduction in House of Commons and 1st reading completed
• June 23, 2022 – 2nd reading completed and referral to the Standing Committee on Public Safety and National Security (SECU)
• November 22, 2022 – Amendments introduced during the clause-by-clause
• February 3, 2023 – Withdrawal of amendments G-4 and G-46
• May 1, 2023 – Introduction of new government amendments at SECU
• May 17, 2023 – Report Stage completed
• May 18, 2023 – 3rd reading completed in the House of Commons and 1st reading completed in the Senate
• June 21, 2023 – 2nd reading completed in the Senate and referral to the Standing Senate Committee On National Security, Defence And Veterans Affairs (SECD)

Annex B: Coming into Force

While most elements would come into force upon Royal Assent, certain measures would have a delayed coming-into-force:

Date modified:

2024-01-24