Bill C-21: Law Implementation Date?

The Liberal gun control bill, Bill C-21, became law on Friday, December 15, 2023, after receiving Royal Assent. The bill, which was first introduced in February 2021, aims to strengthen gun control in Canada and keep Canadians safe from gun violence. It includes measures such as a national freeze on handguns, increased penalties for firearms smuggling, and new offences related to ghost guns. The implementation of the bill is being carried out in phases, with some measures already in effect and others coming into force later.

The bill received royal assent on December 15, 2023

Bill C-21, a Liberal gun control bill, received royal assent on December 15, 2023, and became law after facing months of division and political acrimony. The bill was passed by a vote of 60 to 24, with applause in the upper chamber. The bill includes measures to combat gun crime, including a national freeze on handguns, increased penalties for firearms smuggling and trafficking, and new offences related to ghost guns. It also includes new harm reduction measures, such as "Red Flag" laws, which allow anyone to apply for a temporary emergency prohibition order or emergency limitations on access order to address situations where an individual poses a safety risk to themselves or others.

The bill faced opposition from some groups, including the Canadian Coalition for Firearm Rights (CCFR), who argued that the legislation targeted law-abiding gun owners and did not address the issue of smuggled weapons. However, the bill was supported by groups such as the Coalition for Gun Control, who celebrated the inclusion of "Red Flag" laws and other measures to enhance gun control.

The implementation of the bill will be carried out in phases, with some measures already in effect and others coming into force later. The bill's impact will also depend on coinciding regulations that are still being finalized.

The bill's passage highlights the ongoing efforts to strengthen gun control laws and reduce firearms-related crimes in Canada. The government's commitment to addressing gun violence is further demonstrated by initiatives such as the Initiative to Take Action Against Gun and Gang Violence and the Building Safer Communities Fund.

It includes measures to combat gun crime

Bill C-21, which received royal assent on December 15, 2023, includes several measures to combat gun crime in Canada. The bill amends the Criminal Code, the Firearms Act, and other federal legislation to strengthen gun control and protect Canadians from firearms-related harm. Here are some key measures outlined in the bill:

National Handgun Freeze

The bill includes a national freeze on the sale, purchase, transfer, or import of handguns by individuals, with limited exceptions. This measure aims to reduce the number of handguns in circulation and make it harder for unauthorized individuals to acquire them.

Firearms Classification

Bill C-21 introduces a new technical definition of a "prohibited firearm." Firearms designed and manufactured on or after December 15, 2023, that meet specific criteria, such as semi-automatic weapons with detachable cartridge magazines, fall under this category. The bill also classifies any unlawfully manufactured firearm, such as ghost guns, as prohibited.

Border Security and Law Enforcement

To combat firearms trafficking and strengthen law enforcement, the bill increases the maximum penalties for weapons smuggling and trafficking to 14 years of imprisonment. It also adds new offences for altering cartridge magazine capacity and possessing or distributing data for 3D printing firearms.

Licence Requirements

The bill introduces new licence requirements for transferring firearm parts, such as barrels or slides, and for importing ammunition, cartridge magazines, or certain firearm parts. These measures ensure that only individuals with valid firearms licences can acquire or import these items.

Harm Reduction Measures ("Red Flag" Laws)

Bill C-21 expands the definition of domestic violence to include intimate partner and gender-based violence. It also includes "Red Flag" laws, allowing anyone to apply for a temporary Emergency Prohibition Order to remove firearms from individuals posing a danger to themselves or others. Additionally, the bill mandates the revocation of an individual's firearms licence if they are subject to a protection order or if they are reasonably suspected of domestic violence or stalking.

Temporary Licence Suspension ("Yellow Flag" Law)

The bill introduces a "Yellow Flag" law, which requires the temporary suspension of an individual's firearms licence if a Chief Firearms Officer has reasonable grounds to suspect they are no longer eligible to hold one. During the suspension, the individual cannot use, acquire, or import firearms but can retain possession of their existing firearms.

It amends the Firearms Act

Bill C-21 amends the Firearms Act to strengthen gun control in Canada and protect Canadians from gun violence. It introduces a range of measures to combat gun crime and strengthen law enforcement capacity to investigate and prevent firearms violence. Here is a detailed breakdown of the amendments:

New Licence Requirements:

Bill C-21 introduces new licence requirements for acquiring and importing firearm parts, including firearm barrels, handgun slides, and other prescribed parts. As of September 1, 2024, individuals must hold a valid firearms licence to import firearm parts, cartridge magazines, and ammunition. This completes the measures introduced by the bill to address the risks associated with unlawfully manufactured firearms, known as "ghost guns".

Amendments to the Criminal Code:

The bill amends the Criminal Code to include a new category of "prohibited firearms". Any firearm designed and manufactured on or after December 15, 2023, that discharges centre-fire ammunition in a semi-automatic manner and has a detachable cartridge magazine with a capacity of six cartridges or more is now prohibited. It also includes any unlawfully manufactured firearm, such as ghost guns, in the definition of a prohibited firearm.

Border Security and Law Enforcement:

To combat firearms trafficking and smuggling, the bill increases the maximum penalties for certain offences, including firearms trafficking and smuggling, from 10 to 14 years of imprisonment. It also allows for the sharing of firearms licence information with law enforcement across Canada to support investigations and expands the number of firearms offences eligible for wiretapping.

Harm Reduction Measures:

The bill introduces "Red Flag" laws, which allow anyone to apply for a temporary Emergency Prohibition Order or Emergency Limitations on Access Order to remove firearms from individuals who may pose a danger to themselves or others. It also includes provisions for the temporary storage of firearms for individuals dealing with mental illness or similar issues.

Licence Revocation and Suspension:

Bill C-21 provides for the automatic revocation of an individual's firearms licence if they are subject to a protection order or are convicted of domestic violence. It also introduces a temporary licence suspension regime, known as the "Yellow Flag" law, where an individual's licence must be suspended for up to 30 days if there are reasonable grounds to suspect they are no longer eligible to hold a firearms licence.

These amendments to the Firearms Act aim to enhance gun control measures, address the risks associated with firearms, and ultimately protect Canadians from gun violence.

It imposes a freeze on the sale, purchase or transfer of handguns

Bill C-21, which received Royal Assent on December 15, 2023, is an Act to amend certain Acts and to make certain consequential amendments relating to firearms. The bill includes measures to combat gun crime and strengthen gun control in Canada. One of the key components of the bill is the imposition of a freeze on the sale, purchase, or transfer of handguns.

The handgun freeze restricts individuals from selling, purchasing, or transferring handguns within Canada, with limited exceptions. It also prohibits the importation of newly acquired handguns into the country. This freeze came into force on October 21, 2022, and was later codified through Bill C-21. The bill aims to reduce gun violence and enhance public safety by making it harder for individuals to acquire handguns.

The freeze allows for some exceptions, where individuals can still acquire handguns. These exceptions include individuals with an Authorization to Carry for their lawful profession, occupation, or protection of life, as well as those training, competing, or coaching in Olympic or Paralympic handgun shooting disciplines. Licensed owners are also allowed to continue possessing and using their registered handguns for target shooting and collection.

The impact of the handgun freeze extends to businesses and importers as well. Authorized retailers who meet proper storage requirements can continue importing and selling handguns to other businesses, law enforcement, defence personnel, and exempted individuals. Importers of restricted handguns need to refer to the Notice to Importers No. 1106, which outlines the policies and practices following the bill's enactment.

While the handgun freeze targets gun violence and aims to enhance public safety, it has faced opposition. Critics argue that the bill unfairly targets legal firearm owners, such as collectors and sport shooters, who have already been complying with strict licensing and ownership requirements. The freeze has also impacted the market for restricted and prohibited firearms, making it challenging for executors to find eligible buyers or transfer these assets.

It expands the definition of domestic violence

Bill C-21, which received royal assent on December 15, 2023, expands the definition of domestic violence to include all forms of intimate partner and family violence. This means that, in addition to physical violence, the definition now encompasses coercive control and threats of suicide. This expanded definition will enable more effective intervention and protection for those experiencing abuse in their personal relationships.

The bill addresses the role of firearms in domestic violence and seeks to reduce the danger they pose in such situations. It establishes "Red Flag" laws, which allow anyone to apply for a temporary Emergency Prohibition Order or Emergency Limitations on Access Order. These orders can be used to remove firearms from individuals who may pose a danger to themselves or others, including those at risk of suicide or perpetrators of domestic violence. The application and hearing processes for these orders are designed to protect the applicant's identity and safety.

Additionally, Bill C-21 introduces enhanced licence revocation provisions. Under these provisions, an individual's firearms licence must be revoked if a Chief Firearms Officer (CFO) has reasonable grounds to suspect them of domestic violence or stalking. This measure aims to prevent firearms from remaining in the possession of individuals who may use them for harmful purposes.

Furthermore, the bill establishes that individuals subject to a protection order or convicted of domestic violence are ineligible for a firearms licence. This provision ensures that those with a history of abusive behaviour do not have access to firearms, reducing the risk of firearms-related harm in domestic violence situations.

The expansion of the definition of domestic violence in Bill C-21 is a significant step towards better addressing and preventing intimate partner and family violence. By recognising the diverse forms that domestic violence can take, beyond physical abuse, the bill strengthens the legal framework for protecting those at risk and holding perpetrators accountable.

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