Bill C-21 and a national freeze on handguns
Bill C-21: An Act to amend certain Acts and to make certain consequential amendments (firearms) and changes to regulations are part of the Government's comprehensive plan to keep communities in Canada safe from gun crime.
What Bill C-21 is and what it means
Bill C-21 received Royal Assent on December 15, 2023. It includes measures to combat gun crime, it includes codifying the national handgun freeze, brings increased penalties for firearms smuggling and trafficking, and provisions to better address the role of firearms in intimate partner and gender-based violence.
A national freeze on handguns
A national freeze on the sale, purchase or transfer of handguns by individuals within Canada, and on bringing newly acquired handguns into Canada came into force on October 21, 2022. It has since been codified through Bill C-21.
What the freeze means for individuals
Bill C-21 is not a national ban on handguns in Canada. Individuals can continue to possess and use their registered handguns and can sell or transfer their registered handguns to exempted individuals or businesses.
What the freeze means for businesses
Authorized retailers can continue to import and sell handguns to other businesses (e.g., gunsmiths, museums, valuable goods carriers, retailers, film and theatrical industry), and to law enforcement, defence personnel and exempted individuals.
Exempted individuals include:
- Anyone who holds an Authorization to Carry handguns.
- Individuals who train, compete or coach in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee.
What the freeze means for importers
As of August 19, 2022, all Canadian importers are required to present a valid import permit issued by Global Affairs Canada (GAC) to a Canada Border Services Agency (CBSA) Officer for restricted handguns being imported into Canada.
Restricted handguns presented at the border without a valid import permit will be detained pending the receipt of an import permit from GAC or will be subject to other administrative actions by the CBSA.
This requirement applies to all shipments, both personal and commercial, and regardless of the mode of transportation.
Permits under the Export and Import Permits Act can only be issued to residents of Canada. Under the Act, some government officials can be exempted from the provisions of that Act when they are acting in the course of their employment.
This narrow group of individuals includes police officers, peace officers and employees of a foreign state for the purpose of security.
Importers should consult Global Affairs Canada which explains the requirements of the import process, and also lists controls administered by other government departments.
Bill C-21 helps address firearms use in intimate partner and gender-based violence
The Government is committed to protecting the safety and security of victims of intimate partner violence and gender-based violence.
Bill C-21 enhances Criminal Code Prohibition Orders by introducing an Emergency Prohibition Order or “Red Flag” laws. It also proposes enhancements to the Firearms Act, by introducing a firearms license suspension regime or “Yellow Flag” laws, and enhanced licence revocations.
The Criminal Code and Firearms Act provisions are a response to the increasing rate of violent crimes involving a firearm, including police-reported intimate-partner violence, self-harm, and homicides.
“Red Flag” firearms removal tool
The “Red Flag” law in Bill C-21:
- Enables anyone to make an application to a court for an emergency prohibition order to immediately remove firearms, for up to 30 days, from
- an individual who may pose a danger to themselves or others
- Authorizes the court to issue an emergency limitation on access order to an individual who may be at risk of providing access to firearms to another person who is already subject to a prohibition order.
- Protects the safety of applicants and those known to them, if needed, by giving a judge the option to
- close a hearing's proceedings to the public and media, and
- seal the court documents for up to 30 days or remove any information that could identify the applicant for any period of time that the judge deems necessary, including on a permanent basis.
Individuals who are subject to an emergency prohibition order can:
- be required to surrender their firearm(s) to law enforcement, or
- have the firearm(s) removed temporarily on an urgent basis through a seizure order from the court.
How emergency prohibition orders help
These emergency prohibition orders will help to address situations where an individual poses a risk to themselves, their family, or to public safety—including perpetrators of intimate partner and gender-based violence, people at risk of suicide, and radicalized individuals.
Provisions are included to address situations where an individual subject to a prohibition order might have access to a third party's firearm by potentially issuing an emergency limitation on access order on the third party.
New applications for a prohibition order can be made, and the court can set a hearing for a longer-term prohibition order (up to 5 years) if there continues to be reasonable grounds to believe that the individual poses a public safety risk.
A program will be developed to help raise awareness and provide information to victims and supporting organizations on how to use these new and existing protection tools. It will support vulnerable and marginalized groups, including women, Indigenous peoples and other racialized communities, and people with mental health issues to ensure these tools are accessible to all—particularly those who may need it the most.
Temporary licence suspension
Under the Firearms Act, the “Yellow Flag” regime would allow for temporary licence suspensions when there are reasonable grounds to suspect that a person is ineligible to retain their licence.
This will allow:
- A Chief Firearms Officer (CFO) to temporarily suspend an individual's licence for up to 30 days when there is a reason to suspect the person is no longer eligible to hold a firearms licence (e.g. suspected of illegally reselling firearms).
- Any member of the public may contact a CFO with information about a licence holder.
The licence holder will not be able to use, acquire, or import new firearms during the temporary 30-daysuspension period, but will retain possession of their current firearm(s).
If an investigation determines that the individual is ineligible, the CFO may revoke the licence. Or, if the CFO determines that the individual continues to be eligible to hold a firearms licence, their use and acquisition privileges will be immediately reinstated.
Expanded licence revocation
The expanded licence revocation authority will help protect those in danger from firearms violence in the following instances:
- in cases of domestic violence and/or criminal harassment (e.g. stalking),
- when a protection order has been issued against a current licence holder,
- when an emergency weapons prohibition order (“red flag”) is issued by a judge against a current licence holder, or
- where a person with a suspended licence uses, acquires or imports a firearm.
CFOs will not issue a firearms licence to anyone who, at the time of their application is, subject to a protection order or an emergency prohibition order.
The Government intends to launch consultations with Canadians on the expanded licence revocation and other measures prior to the coming into force of these proposals.
Who has the authority to revoke a firearms licence in Canada?
Licence revoked by | Instrument | Reason | Appeal | Firearms surrender required? | In force? |
---|---|---|---|---|---|
Provincial or Territorial Court | Firearms Act | Protection order (issued by the Court)Footnote * | No | Yes | No |
Chief Firearms Officer | Firearms Act | Domestic violence/criminal harassment incident | Yes | Yes | No |
Judge | Court Order | Emergency weapons prohibition order (red flag) | No | Yes | No |
Other Criminal Code prohibition orders | No | Yes | Yes | ||
Chief Firearms Officer | Firearms Act | Following investigation under "yellow flag" law | No | No | No |
Chief Firearms Officer | Firearms Act | Any good and sufficient reason as outlined under the Firearms Act | Yes | Yes | Yes |
Combatting firearms smuggling and trafficking
To better combat firearms trafficking and smuggling, and increase law enforcement capacity to investigate and prevent firearms violence, Bill C-21:
- Increases maximum penalties from 10 to 14 years imprisonment for firearms-related offences, including firearms smuggling and trafficking.
- Adds additional firearms offences to the list of offences eligible for wiretaps.
- Authorizes the sharing of certain firearms licence information with law enforcement across Canada to support trafficking investigations (e.g, suspected straw purchasing).
- Makes it an offence to alter a cartridge magazine to exceed its lawful capacity and allow for wiretaps for this new offence.
- Makes it an offence for businesses to depict or promote violence in firearms marketing.
- Requires a person to present a valid firearms licence to import ammunition for firearms, and to acquire and import firearm parts (i.e., barrel for a firearm, slide for a handgun) and cartridge magazines.
- Improves the ability of the CBSA to manage inadmissibility to Canada when foreign nationals commit offences upon entry to Canada, including firearms-related offences.
- Transfers policy responsibility for transborder criminality from the Minister of Immigration, Refugees and Citizenship to the Minister of Public Safety.
- Creates two new offences targeting illegal manufacturing and trafficking of privately manufactured firearms (“ghost guns”)
- Criminalizes illegal manufacturing and trafficking of certain firearm parts and prohibited devices to combat the spread of ghost guns.
Funding to address gun and gang violence
The Government continues to invest in initiatives to help address the root causes of gun and gang violence by committing $250 million through the Building Safer Communities Fund (BSCF) to support municipalities and Indigenous communities.
This new funding builds on more than $700 million in funding to provinces, territories, the RCMP and CBSA under the Initiative to Take Action Against Gun and Gang Violence (ITAGGV) to combat gun and gang crime.
The Government continues to invest in initiatives to help address the root causes of gun and gang violence by committing $250 million through the Building Safer Communities Fund to support municipalities and Indigenous communities.
This new funding builds on more than $700 million in funding to provinces, territories, the RCMP and CBSA under the Initiative to Take Action Against Gun and Gang Violence (ITAGGV) to combat gun and gang crime.
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