Parliamentary Committee Notes: Bill C-21: Accomplishments to date
C-21 received Royal Assent in December 2023, banning future Assault-Style Firearms (ASF) through the forward looking technical definition, repealing the GIC’s authority to downgrade the classification of firearms, strengthening penalties and offences to prevent smuggling and trafficking, and creating new Red Flag laws and other measures to reduce risks in situations of gender-based and intimate partner violence, with most measures now in force. Combined with other legislative, regulatory and programmatic measures significant progress has been made to strengthen firearms control.
- At Royal Assent of Bill C-21 on December 15, 2023, the following measures came into force:
- Codification of the national handgun freeze, restricting the sale, purchase, transfer, or import of handguns by individuals (with limited exceptions)
- Creation of “red flag” laws to allow anyone to apply to the court to temporarily remove firearms for up to 30 days when there is a public safety risk to the firearm owner or others
- New technical definition of a "prohibited firearm" to prevent new ASFs (i.e., those designed and manufactured on or after December 15, 2023) from entering Canadian communities
- Any "unlawfully manufactured firearm" (e.g. ghost guns) now defined as a "prohibited firearm"
- Repeal of Governor in Council authority to downgrade the classification of restricted or prohibited firearms
- Increased maximum penalties for weapons smuggling/trafficking
- New offences for altering a cartridge magazine to exceed its lawful capacity
- Enhanced investigative authorities, including additional firearms offences eligible for wiretapping and new information sharing authorities
- Authority to stop foreign nationals from entering Canada if they have committed certain firearms offences at the border (e.g., concealed carry)
- New offence for businesses that promote or depict violence against a person in advertising a firearm
- New licence requirement for transferring cartridge magazines
- 30 days after Royal Assent of Bill C-21, the following measures came into effect:
- New offences for possessing or distributing computer data for use in a 3D printer or other system for the purpose of manufacturing or trafficking a firearm or prohibited device
- Regulations to Implement Bill C-21:
- July 2024:
- IRPA regulations amended to allow removal at Port of Entry for straightforward criminal offences (e.g., carrying concealed weapon, unauthorized possession of firearm)
- September 1, 2024:
- New licence requirements for import of ammunition, cartridge magazines and specific firearm parts and transfer of certain firearm parts
- Firearms parts integrated into the relevant offences in the Criminal Code
- October 1, 2024:
- Centralization of decision-making for Protection of Life Authorizations to Carry
- Work is also actively underway to develop the Red Flag Awareness Initiative, with New Public Legal Education on Red Flag laws published on Public Safety web site (Summer 2024) and significant progress achieved towards launching other elements.
- Work is actively underway to bring into force the remaining measures:
- “Yellow Flag” laws, a new licence suspension regime which, once in force, will require a Chief Firearms Officer (CFO) to suspend a person’s licence if they suspect the person is no longer eligible.
- Enhanced licence revocation and ineligibility provisions which, once in force, will revoke a licence if a person is subject to a protection order or require that it be revoked if CFO suspects they engaged in domestic violence or stalking. Once in force, a person will not be eligible for a licence if they are subject to a protection order or have committed an offence involving the threat or use of violence against an intimate partner or any family member.
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