Question Period Note: Bill C-21

• Too many Canadians and their families have been affected by senseless acts of gun violence in communities across our country.

• Our Government has taken bold action by introducing stronger gun controls and investing over $1.3B to strengthen community-based prevention and law enforcement capacity.

• On May 30, 2022, our Government introduced Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), the most significant change to gun control legislation in more than 40 years.

• The Standing Senate Committee on National Security, Defence and Veterans Affairs completed its study on December 5, 2023, and the Bill is now at 3rd reading in the Senate.

• On Royal Assent, Bill C-21 would introduce a suite of a measures, including new “red flag” laws, increased penalties for firearms smuggling and trafficking and a forward-looking technical definition to prohibit new makes and models of firearms that pose public safety risk from entering the market. Royal Assent would also codify the national handgun freeze in legislation and enhance investigative tools available to law enforcement.

• Bill C-21 responds to recommendations made by the Standing Committee on Public Safety and National Security in its 2022 report, “A Path Forward: Reducing Gun and Gang Violence in Canada,” and aligns with recommendations put forward by the Mass Casualty Commission in its Final Report.

• No single program or initiative can tackle the challenge of gun violence. That is why the Government continues to pursue a comprehensive approach to keep Canadians safe from gun crime.

• Bill C-21 is a key element of that approach. Once C-21 receives Royal Assent, the Government will immediately implement these important initiatives to better protect our society.

Bill C-21

On May 30, 2022, the Government of Canada introduced Bill C-21: An Act to amend certain Acts and to make certain consequential amendments (firearms). The Bill amends the Criminal Code, Firearms Act, Immigration and Refugee Protection Act, and Nuclear Safety and Control Act. Measures included among others, to:
• limit access to and remove firearms from individuals who may pose a risk to themselves and others;
• expand licence revocation authority to help protect those in danger from firearms violence and permit a Chief Firearms Officers (CFO) to revoke a firearms licence;
• increase maximum penalties for offences, including for firearms trafficking and smuggling;
• increase information sharing between law enforcement agencies;
• create new offences for altering a cartridge magazine and depicting violence in firearms advertising; and,
• tighten restrictions on the importation of non-prohibited ammunition.

Furthermore, to address the prevalence of handguns in Canadian society and essentially cap the growth of privately owned handguns, Bill C-21 amends the Firearms Act to restrict the issuance to individuals of registration certificates for handguns, other than to individuals who qualify for an exemption. Individuals are no longer able to acquire an Authorization to Transport a handgun from a port of entry unless the individual already held a registration certificate for that handgun, the individual was a non-resident non-licencee who is entering Canada with a handgun for the purpose of attending a shooting competition in Canada, or is in transit through Canada en route to another destination outside of Canada.

In support of the handgun restrictions Bill C-21, the Government tabled regulations to freeze the market quickly and prevent individuals from acquiring new handguns. These regulations apply the same measures as those in Bill C-21 to prevent individuals from acquiring or importing new handgun in or into Canada. With handguns being unavailable for purchase or for importation by most individual Canadians, the measures halt the growth in the number of domestic lawful handguns in Canada.

Bill C-21 Amendments

On November 22, 2022, SECU began clause-by-clause review of the Bill after hearing testimony from a wide range of stakeholders. During this meeting, the Government proposed amendments to list additional assault-style firearms as prohibited and to establish a technical definition of a prohibited firearm in the Criminal Code. On February 3, 2023, the Government withdrew these proposed amendments, as it was understood that some firearms commonly used for hunting may have been affected by the withdrawn amendments.

On May 1, 2023, the Government introduced new amendments to strengthen Bill C-21 and codify in law a permanent ban on new assault-style firearms from Canada. The legislative measures are as follows:

• Establish a new technical definition which contains the characteristics of an assault-style firearm, making them illegal in Canada. This is a forward-looking definition, meaning it does not apply to firearms currently on the market. It will be inserted into the Criminal Code and the Import Control List and apply to firearms designed and manufactured after the provisions comes into force, so that firearms that exceed safe civilian use are not introduced into our communities.
• Tackle the issue of ghost guns by enacting new offences and classifying ghost guns and other illegally made firearms as prohibited.
• Reaffirm respect for the rights of First Nations, Inuit and Métis by including a specific provision stating that nothing in Bill C-21 derogates from the rights of Indigenous peoples recognized and affirmed under section 35 of the Constitution Act, 1982.

With regard to tackling ghost guns, the amendments intend to curtail the flow of commercial manufactured and readily available parts to criminal actors who use them to make ghost guns and support the Government’s comprehensive strategy to combat firearms violence. “Ghost Gun” is a general term used to describe a firearm that is anonymous as to its origins, unmarked and, therefore, untraceable. Ghost guns can include 3D-printed firearms, converted airsoft guns, as well as guns manufactured from 80% receivers, precision casting, gun kits or assorted components that may be readily available in households. Currently, privately manufactured frames and receivers (including those that are 3D-printed) can be assembled into fully functional firearms by using commercially manufactured, but unregulated, parts (e.g., barrels and handgun slides). Barrels are some of the hardest parts of a firearm to make privately, and slides are among the most common parts for handguns.

The amendments result from engagement with Canadians across the country including survivors of gun violence, hunters and trappers; First Nations, Inuit and Métis; and rural and Northern residents. The Bill is also the product of significant engagement by Parliamentarians and input from experts in the field.

Bill C-21, aligns with recommendations put forward by the Mass Casualty Commission in its Final Report, as well as recommendations made by SECU in their recent report entitled: “A Path Forward: Reducing Gun and Gang Violence in Canada.” As part of the report, it was recommended that the Government of Canada:
• regulate the possession, sale, and import of firearm component parts such as barrels, slides, and trigger assemblies;
• further investigate the prevalence of, and develop a strategy to counteract the manufacturing of illegal firearms or ghost guns; and,
• amend the definition of a firearm in Section 2 of the Criminal Code to include in its specification of firearms and firearm parts “blank castings of frames or receivers not yet capable of holding various firing components.

As part of the Government Response, the Government committed to continue to further examine and analyze additional measures to combat the illegal manufacturing of firearms, such as the 3D printing of firearms.

Bill C-21 was adopted by the House of Commons on May 18, 2023 and referred to the Senate. The Standing Senate Committee on National Security, Defence and Veterans Affairs completed its study on December 5, 2023, and returned to the Senate for 3rd reading.

Other Measures to Address Gun Violence

Comprehensive Suite of Firearms Measures
In Budget 2021, the Government announced an investment of $312M over five years, starting in 2021–22, and $41.4M per year ongoing for PS, CBSA, and the RCMP to enhance Canada’s firearm control framework. This funding includes program measures that will:
• Strengthen services to support the lawful acquisition, ownership and use of firearms by enhancing RCMP Canadian Firearms Program (CFP) services;
• Combat illegal firearm-related activities by increasing RCMP capacity to trace crime guns, continue to build a national system that allows for the flagging of straw purchasing of firearms, and provide RCMP and CBSA with additional resources to target firearms trafficking; and,
• Enhance firearms policy advice and promote awareness of firearms programs by establishing capacity for the RCMP to begin the development of a buyback program for those firearms that were prohibited on May 1 2020; increase PS capacity to support the policy, legislative, regulatory, and program measures to deliver on the Government’s firearms commitments; and continue to develop and advance the firearms social marketing campaign that will raise awareness and educate Canadians on the need to reduce violent crimes through a variety of initiatives.

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