Former Bill C-21: Keeping Canadians safe from gun crime

An Act to amend certain Acts and to make certain consequential amendments (firearms) (former Bill C-21) is part of the Government of Canada's comprehensive plan to further strengthen gun control in Canada and keep Canadians safe from gun violence.

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What former Bill C-21 is and what it means

Former Bill C-21 received Royal Assent on December 15, 2023. It includes measures to combat gun crime, including codifying the national handgun freeze into law, increasing penalties for firearms smuggling and trafficking, and adding new offences around ghost guns. It also includes new harm reduction measures, including "Red Flag" laws and new licence revocation provisions to help address the role of firearms in domestic, intimate partner and gender-based violence and in self-harm.

How former Bill C-21 will be implemented

Public Safety Canada is working with federal partners to implement the new measures in phases. Some measures are already in effect, while others will come into effect later to allow time to develop new systems or regulations, or to engage with provinces and territories, Indigenous partners, and stakeholders. Early work is focused on developing the Red Flag Awareness Program, implementing the new licence requirements, and centralizing decision-making for Authorizations to Carry (ATC) for protection of life. More information will be made available in due course.

In effect now:

National Handgun Freeze

Firearms Classification

Border Security and Law Enforcement

Licence Requirements

Harm Reduction Measures

In effect at a later date:

Licence Requirements

Harm Reduction Measures

Temporary Licence Suspension ("Yellow Flag" law)

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 former Bill C-21.

What the freeze means for individuals

Individuals can no longer acquire handguns in Canada except in the following cases for handguns suitable for their intended purposes:

The freeze did not change the classification of handguns. Licensed owners can continue to possess and use their registered handguns for target shooting and collection.

What the freeze means for businesses

Authorized retailers who meet proper storage requirements 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.

What the freeze means for importers

Importers should consult Notice to Importers No. 1106 – Importation of restricted handguns into Canada. This notice, issued December 15, 2023, outlines the policies and practices pertaining to the importation of restricted handguns into Canada, following the coming into force of the former Bill C-21.

Firearms classification

Former Bill C-21 amended the definition of "prohibited firearm" in the Criminal Code to add a new category of firearms that meet certain technical criteria. Firearms designed and manufactured on or after December 15, 2023, and that meet the following criteria are prohibited:

A firearm that:

Any "unlawfully manufactured firearm" (e.g. ghost guns) is now also defined as a "prohibited firearm." Manufacturing firearms without the appropriate licence issued under the Firearms Act is illegal and individuals can be charged with a criminal offence.

Border security and law enforcement

To better combat firearms trafficking and smuggling, and strengthen law enforcement capacity to investigate and prevent firearms violence, former Bill C-21 put in place the following:

Licence requirements

As of December 15, 2023, a cartridge magazine may only be transferred (bought, sold or given) to a person if they hold a firearms licence. As of September 1, 2024, ammunition, cartridge magazines and firearms parts (firearm barrel or handgun slide) may be transferred to an individual only if they hold a valid firearm licence. In addition, individuals will need a valid firearms licence to import ammunition, a cartridge magazine or firearm parts (firearm barrel or handgun slide).

Harm reduction measures (including "Red Flag" laws)

The Government is committed to addressing instances of self-harm and domestic, gender-based and intimate partner violence involving firearms.

Emergency Prohibition Orders and Emergency Limitations on Access Orders ("Red Flag" laws)

Adding to the protective tools already available, former Bill C-21 amended the Criminal Code to create a new emergency prohibition order and emergency limitations on access order, also known as "Red Flag" laws. These new orders will help address situations where an individual poses a safety risk to themselves or others—including people at risk of suicide, and perpetrators of domestic, intimate partner and gender-based violence.

"Red Flag" laws are in effect and allow anyone to apply to a court for:

The application is ex parte, meaning it is made without the knowledge of the person against whom the order is sought, and the hearing is held without the person present. The hearings may also be private. A judge may also seal court documents or remove any information that might identify the person applying.

Public Safety is working to develop a program to provide more information to victims and supporting organizations on the new "Red Flag" laws. It will focus on reaching vulnerable and marginalized groups to ensure these tools are accessible— particularly those who may need them the most.

For more information see "Red Flag" Laws and Preventing Firearm-related Harm.

Red Flag laws do not replace existing tools, such as calling 911 in urgent and life-threatening situations. Law enforcement officers continue to have an essential role in preventing and intervening where there is a risk of firearm violence.

Expanded licence revocation provisions and licence ineligibility

When the new rules come into effect, enhanced licence revocation provisions will help protect those in danger from firearms violence in the following instances:

A firearms licence will not be issued to anyone who at the time of their application, is subject to a protection order or have been convicted of an offence involving the threat or use of violence against an intimate partner or any family member.

Temporary licence suspension ("Yellow Flag" law)

Former Bill C-21 introduces a temporary licence suspension regime under the Firearms Act. This is also known as the "Yellow Flag" law. When the law comes into force:

Any member of the public may contact a CFO with information about a licence holder if there are concerns related to eligibility or public safety.

Funding to address gun violence

The Government of Canada continues to invest in initiatives to help address the root causes and ongoing impacts of gun violence.

The Initiative to Take Action Against Gun and Gang Violence provides funding to the Canada Border Services Agency, the Royal Canadian Mounted Police, provinces, territories, and law enforcement to combat gun and gang crime. To support community-led initiatives, the Building Safer Communities Fund helps to educate youth and put an end to gun and gang violence before it starts.

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