SECU Committee Report

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Committee Report

Eighth Report

Standing Committee on Public Safety and National Security (SECU)

44th Parliament, 1st Session

Study

Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)

In accordance with its Order of Reference of Thursday, June 23, 2022, your committee has considered Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), and agreed on Friday, May 12, 2023, to report it with the following amendments:

Heading

That Bill C-21 be amended by replacing the heading before line 4 on page 1 with the following:

“R.S., c. C-46

Criminal Code

Amendments to the Act”

New Clause 0.1

That Bill C-21 be amended by adding before line 4 on page 1 the following new clause:

“0.1 (1) Section 2.1 of the Criminal Code is replaced by the following:

2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “firearm part”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding before line 4 on page 1 the following new clause:

“0.1 (1) Subsection 83.3(10) of the Act is replaced by the following:

(10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

Clause 1

That Bill C-21, in Clause 1, be amended by adding after line 15 on page 1 the following:

“(1.1) The definition “prohibition order” in subsection 84(1) of the Act is replaced by the following:

“prohibition order” means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; (“ordonnance d’interdiction”)

(1.2) The definition “prohibited firearm” in subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) any unlawfully manufactured firearm regardless of the means or method of manufacture; (“arme à feu prohibée”)

(1.3) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

“firearm part” means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, unless otherwise prescribed, a barrel for a firearm or a slide for a handgun if that barrel or slide is designed exclusively for use on a firearm that is deemed under subsection 84(3) not to be a firearm; (“pièce d’arme à feu”)

(1.4) Subsections (1.1) and (1.3) come into force on a day or days to be fixed by order of the Governor in Council.

(1.5) Subsection (1.2) comes into force on the 30th day after the day on which this Act receives royal assent.”

That Bill C-21, in Clause 1, be amended by adding after line 15 on page 1 the following:

“(1.1) The definition “prohibited firearm” in subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a firearm that is not a handgun and that

(i) discharges centre-fire ammunition in a semi-automatic manner,

(ii) was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more, and

(iii) is designed and manufactured on or after the day on which this paragraph comes into force; (“arme à feu prohibée”)

(1.2) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

“semi-automatic”, in respect of a firearm, means that the firearm that is equipped with a mechanism that, following the discharge of a cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge; (“semi-automatique”)”

That Bill C-21, in Clause 1, be amended by deleting line 16 on page 1 to line 3 on page 2.

New Clause 1.1

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:

a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

(2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:

(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:

100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition for the purpose of

(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:

(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) Subsection 101(1) of the Act is replaced by the following:

101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) The Act is amended by adding the following after section 102:

Computer Data Offence

102.1 (1) Every person commits an offence who possesses or accesses computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

(2) Every person commits an offence who distributes, publishes or makes available computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing that the computer data are intended to be used for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

(b) is guilty of an offence punishable on summary conviction.

(4) In this section, computer data and computer system have the same meaning as in subsection 342.1(2).

(2) Subsection (1) comes into force on the 30th day after the day on which this Act receives royal assent.”

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) Paragraphs 103(1)(a) and (b) of the Act are replaced by the following:

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

(b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

(2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:

(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 3 on page 2 the following new clause:

“1.1 (1) Paragraphs 104(1)(a) and (b) of the Act are replaced by the following:

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

(b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

Clause 3

That Bill C-21, in Clause 3, be amended

(a) by replacing line 18 on page 2 with the following:

“3 (1) Paragraph 109(1)(b) of the Act is replaced by”

(b) adding after line 28 on page 2 the following:

“(2) Paragraph 109(1)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.1(1) (possession of computer data), 102.1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment),”

New Clause 3.1

That Bill C-21 be amended by adding after line 28 on page 2 the following new clause:

“3.1 (1) The portion of subsection 109(1) of the Act after paragraph (c.1) is replaced by the following:

(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

(2) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, firearm part, ammunition and explosive substance during the period that

(3) Subsection 109(3) of the English version of the Act is replaced by the following:

(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, firearm part, ammunition and explosive substance for life.

(4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 28 on page 2 the following new clause:

“3.1 (1) The portion of subsection 110(1) of the Act after paragraph (a) is replaced by the following:

(b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

Clause 4

That Bill C-21, in Clause 4, be amended by

(a) replacing line 29 on page 2 with the following:

“4 (1) The Act is amended by adding the following af-”

(b) adding after line 18 on page 8 the following:

“(2) Subsection 110.1(1) of the Act is replaced by the following:

110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

(3) Subsection 110.1(3) of the Act is replaced by the following:

(3) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

(4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council.”

Clause 5

That Bill C-21, in Clause 5, be amended by replacing line 19 on page 8 with the following:

“5 (1) Subsection 111(1) of the Act is replaced by the following:

111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

(2) Subsection 111(5) of the Act is replaced by the following:

(5) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for the period, not exceeding five years, that is specified in the order, beginning on the day on which the order is made.

(3) Subsection 111(11) of the Act is repealed.”

New Clause 9.1

That Bill C-21 be amended by adding after line 8 on page 9 the following new clause:

“9.1 Subsection 117.01(1) of the Act is replaced by the following:

117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.”

Clause 10

That Bill C-21, in Clause 10, be amended by

(a) replacing line 9 on page 9 with the following:

“10 (1) The Act is amended by adding the following”

(b) adding after line 15 on page 15 the following:

“(2) Paragraph 117.0101(1)(a) of the Act is replaced by the following:

(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

(3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council.”

New Clause 10.1

That Bill C-21 be amended by adding after line 15 on page 15 the following new clause:

“10.1 (1) Paragraph 117.011(1)(a) of the Act is replaced by the following:

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

New Clause 11.1

That Bill C-21 be amended by adding after line 22 on page 15 the following new clause:

“11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act are replaced by the following:

(a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

(b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 22 on page 15 the following new clause:

“11.1 (1) Subsections 117.04(1) and (2) of the Act are replaced by the following:

117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 22 on page 15 the following new clause:

“11.1 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following:

(4) If, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall

(2) Paragraph 117.05(4)(b) of the English version of the Act is replaced by the following:

(b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.

(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.”

Clause 12

That Bill C-21, in Clause 12, be amended by replacing line 23 on page 15 with the following:

“12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following:

(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;

(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment;

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

(3) Subsection 117.07(2) of the Act is amended by”

New Clause 12.1

That Bill C-21 be amended by adding after line 33 on page 15 the following new clause:

“12.1 (1) Paragraphs 117.071(b) and (c) of the Act are replaced by the following:

(b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment;

(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 33 on page 15 the following new clause:

“12.1 (1) Paragraphs 117.08(b) and (c) of the Act are replaced by the following:

(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition,

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 33 on page 15 the following new clause:

“12.1 (1) Subsection 117.09(3) of the Act is replaced by the following:

(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

Clause 13

That Bill C-21, in Clause 13, be amended by adding after line 40 on page 15 the following:

“(1.1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xvi):

(xvi.1) section 102.1 (possession of computer data),”

New Clause 13.1

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Paragraphs 491(1)(a) and (b) of the Act are replaced by the following:

(a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

(b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Paragraph 501(3)(h) of the Act is replaced by the following:

(h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) The portion of subsection 515(4.1) of the Act after paragraph (c) is replaced by the following:

(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, or

(e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

(2) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following:

(viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810(3.1) of the Act is replaced by the following:

(3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, if the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810.01(5) of the Act is replaced by the following:

(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810.011(7) of the Act is replaced by the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810.02(7) of the Act is replaced by the following:

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810.1(3.03) of the Act is replaced by the following:

(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Subsection 810.2(5) of the Act is replaced by the following:

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Paragraph 5(i) of Form 10 of Part XXVIII of the Act is replaced by the following:

□ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) The portion of Form 11 of Part XXVIII of the Act that begins with “You must not possess” and ends with “(name or title) at (place).” is replaced by the following:

□ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:

“13.1 (1) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:

(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.”

New Clause 14.1

That Bill C-21 be amended by adding after line 15 on page 16 the following:

“Transitional Provision

14.1 If proceedings in respect of an unlawfully manufactured firearm have been commenced under the Criminal Code before the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of that Act, as enacted by subsection 1(1.2), comes into force and have not been completed before that day, then that paragraph (e) does not apply with respect to the firearm in relation to those proceedings.”

That Bill C-21 be amended by adding after line 15 on page 16 the following:

“Review and Report

14.1 (1) Five years after the day on which paragraph (e) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code, as enacted by subsection 1(1.1), comes into force, a comprehensive review of that paragraph is to be commenced by a committee of the House of Commons that may be designated or established by that House for that purpose.

(2) Within one year, or any further time that is authorized by the House of Commons, after the day on which the review is commenced, the committee must submit a report on that review to the House of Commons, together with a statement of any changes to paragraph (e) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code, as enacted by subsection 1(1.1), that the committee recommends.”

Clause 15

That Bill C-21, in Clause 15, be amended by replacing lines 18 and 19 on page 16 with the following:

“protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from:

(a) being in physical proximity to an identified person or following an identified person from place to place;

(b) communicating with an identified person, either directly or indirectly;

(d) engaging in harassing or threatening conduct directed at an identified person;

(e) occupying a family home or a residence; or

(f) engaging in family violence. (ordonnance de protection)”

New Clause 15.1

That Bill C-21 be amended by adding after line 19 on page 16 the following new clause:

“15.1 The portion of paragraph 4(b) of the Act after subparagraph (ii) is replaced by the following:

firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and”

That Bill C-21 be amended by adding after line 19 on page 16 the following new clause:

“15.1 Paragraph 4(c) of the Act is replaced by the following:

(c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.”

That Bill C-21 be amended by adding after line 19 on page 16 the following new clause:

“15.1 Subsection 5(1) of the Act is replaced by the following:

5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine.”

That Bill C-21 be amended by adding after line 19 on page 16 the following new clause:

“15.1 Paragraph 5(2)(d) of the Act is replaced by the following:

(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person;”

Clause 16

That Bill C-21, in Clause 16, be amended by replacing lines 23 and 24 on page 16 with the following:

“vidual is not eligible to hold a licence if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family.”

Clause 18

That Bill C-21, in Clause 18, be amended by replacing line 1 on page 17 with the following:

“18 (0.1) Paragraph 19(1)(b) of the Act is amended by adding the following after subparagraph (iii):

(iii.1) wishes to transport the firearm to another individual or business who holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or

(1) Subsection 19(2.1) of the Act is replaced by”

New Clause 21.1

That Bill C-21 be amended by adding after line 9 on page 18 the following new clause:

“21.1 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:

(2) A person may transfer a cartridge magazine that is not prescribed to be a prohibited device only if the individual holds a licence authorizing him or her to possess firearms.”

That Bill C-21 be amended by adding after line 9 on page 18 the following new clause:

“21.1 The Act is amended by adding the following after section 25:

25.1 (1) A person may transfer a firearm part to an individual only if the individual holds a licence authorizing them to possess firearms.

(2) Subject to the regulations and despite subsection (1), a person may transfer a firearm part to a non-resident who is 18 years old or older and who does not hold a licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)(b) or subsection 38(2) and that is valid.”

Clause 26

That Bill C-21, in Clause 26, be amended

(a) by replacing line 28 on page 19 with the following:

“than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — only if, at the time of the”

(b) by replacing lines 34 and 35 on page 19 with the following:

“than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — if they declare the ammunition or cartridge magazine to a customs officer by completing the prescribed”

“ammunition or cartridge magazine.”

(d) by replacing lines 3 and 4 on page 20 with the following:

“ammunition or cartridge magazine to be exported from that customs office or may detain the ammunition or cartridge magazine and give the individual a rea-”

(e) by replacing line 8 on page 20 with the following:

“customs officer shall lawfully dispose of the ammunition or cartridge magazine.”

That Bill C-21, in Clause 26, be amended by adding after line 16 on page 20 the following:

“38 (1) An individual may import a firearm part only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.

(2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import a firearm part if they declare it to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the firearm part.

(3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the firearm part to be exported from the customs office or may detain it and give the individual a reasonable time to comply with those requirements.

(4) If those requirements are not complied with within a reasonable time and the firearm part is not exported, a customs officer shall lawfully dispose of it.

(5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,

(a) the non-resident has not truthfully completed the prescribed form; or

(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.”

Clause 30

That Bill C-21, in Clause 30, be amended by replacing lines 15 and 16 on page 21 with the following:

“(3) Authorizations to carry referred to in subsection 20(a) are not valid outside the geographic area set in the authorization by Commissioner. Authorizations to carry referred to in subsection 20(b) are not valid outside the province in which they are issued.”

New Clause 30.1

That Bill C-21 be amended by adding after line 16 on page 21 the following new clause:

“30.1 Subsection 64(1.2) of the Act is replaced by the following:

(1.2) The holder of a licence that is extended under subsection (1.1) must not, until the renewal of their licence, use their firearms or acquire any firearms, ammunition or cartridge magazines.”

Clause 34

That Bill C-21, in Clause 34, be amended by replacing line 30 on page 22 with the following:

“have collected or received from any person, including a psychologist, a psychiatrist, a nurse, a nurse practitioner or a medical practitioner, that the hold-”

That Bill C-21, in Clause 34, be amended by replacing line 32 on page 22 with the following:

“they shall suspend, in respect of that licence, the holder’s”

Clause 36

That Bill C-21, in Clause 36, be amended by replacing lines 34 to 37 on page 23 with the following:

“70.1 If a chief firearms officer has reasonable grounds to suspect that an individual who holds a licence may have engaged in an act of domestic violence or stalking, the chief firearms officer must revoke the licence within 24 hours.”

That Bill C-21, in Clause 36, be amended by adding after line 37 on page 23 the following:

“(2) For the purpose of subsection (1), domestic violence means conduct, whether or not it constitutes a criminal offence, by a family member towards another family member, including conduct by or towards an intimate partner, that is violent or threatening or that is part of a pattern of coercive and controlling behaviour or that causes that other family member or intimate partner to fear for their safety or the safety of another person, and includes

(a) physical abuse, including forced confinement, but excluding the use of reasonable force to protect themselves or another person;

(b) sexual abuse;

(d) financial abuse;

(e) threats to kill or cause bodily harm to any person;

(f) threats to kill or harm an animal or damage property;

(g) harassment, including stalking;

(h) the failure to provide the necessities of life; and

(i) the killing or harming of an animal or the damaging of property.”

That Bill C-21, in Clause 36, be amended

(a) by replacing line 3 on page 24 with the following:

“must deliver to a peace of‐”

(b) by replacing line 5 on page 24 with the following:

“they possess within 24 hours or, if that is not possible, within any extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code”

That Bill C-21, in Clause 36, be amended by replacing lines 17 to 22 on page 24 with the following:

“faction of the chief firearms officer that they need a firearm to hunt or trap in order to sustain themselves or their family.”

Clause 37

That Bill C-21, in Clause 37, be amended

(a) by replacing line 26 on page 24 with the following:

“cence must specify that the”

(b) by replacing line 32 on page 24 with the following:

“the licence possesses within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92”

“prohibited ammunition during that period.”

(d) by replacing lines 39 and 40 on page 24 with the following:

“stricted firearm must specify that the applicant for or holder of the registration”

(e) by replacing line 4 on page 25 with the following:

“relates within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the”

(f) by replacing, in the English version, line 7 on page 25 with the following:

“firearm during that period.”

(g) by replacing lines 10 and 11 on page 25 with the following:

“judge under section 74, they must, within the period referred to in subsection (4), deliver to a peace officer or other- ”

(h) by replacing line 15 on page 25 with the following:

“during that period.”

Clause 41

That Bill C-21, in Clause 41, be amended by replacing lines 23 and 24 on page 27 with the following:

“cer informed of the protection order or its variation or revocation within 24 hours.”

Clause 43

That Bill C-21, in Clause 43, be amended by replacing line 7 on page 28 with the following:

“(b) meets the prescribed criteria and annually provides a letter”

Clause 44

That Bill C-21, in Clause 44, be amended by adding after line 31 on page 28 the following:

“(1.1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel.”

Clause 45

That Bill C-21, in Clause 45, be amended by

(a) adding after line 16 on page 29 the following:

“(1.1) Subparagraph 117(i)(i) of the Act is replaced by the following:

(i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and firearm parts, or”

(b) replacing line 22 on page 29 with the following:

“for the purposes of subsections 37(2) and 38(2);”

“to in subsection 37(4) and of firearm parts referred to in subsection 38(4);”

That Bill C-21, in Clause 45, be amended by adding after line 16 on page 29 the following:

“(1.1) Paragraph 117(k.1) of the Act is replaced by the following:

(k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;”

That Bill C-21, in Clause 45, be amended by replacing line 23 on page 29 with the following:

“(k.4) respecting the disposal of ammunition and cartridge magazines referred”

New Clause 72.1

That Bill C-21 be amended by adding after line 32 on page 44 the following:

“Related Provision

72.1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

(2) In subsection (1), “Indigenous peoples” has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982”.

Clause 73

That Bill C-21, in Clause 73, be amended by

(a) replacing line 33 on page 44 with the following:

“73 (1) Subsections 5(1) and (2) and sections 9.1, 15, 16, 16.1, 20, 21.1, 26 to 29, 32 to 36, 38, 40, 41”

(b) adding after line 35 on page 44 the following:

“(1.1) Subsections 3(2) and 13(1.1) come into force on the 30th day after the day on which this Act receives royal assent.”

Your committee has ordered a reprint of Bill C-21, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 36, 38, 39, 41, 42, 44, 45, 46, 49, 50, 51, 52, 53, 63, 64, 65, 66 and 67) is tabled.