Government Outlines Bill C-21 Coming Into Force

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TheGunBlog.ca — The Canadian government responds to our questions about the coming into force of Bill C-21, the Liberal Party’s newest legislative attack against gun users.

Overview

The bill to expand criminalizations of firearm owners was passed into law when the king (via his representative, the governor general) gave Royal Assent on 15 December 2023.

  • Some prohibitions took effect immediately.
  • Some kicked in after 30 days.
  • Several will come into force through cabinet decrees known as “orders in council” (OiC).

Max Watson, a spokesperson for the Ottawa-based Department of Public Safety, replied by e-mail to TheGunBlog.ca today in response to our questions sent March 14.

Government Outlines Bill C-21 Coming Into Force

Q1. When does the clause prohibiting the transfer of cartridge magazines to non-PAL holders come into force?

A1. Clause 21.1 of former Bill C-21 came into force on Royal Assent, December 15, 2023.

Q2. Could you indicate the text in Bill C-21 that says when the clause comes into force? (Does everything come into force at Royal Assent, unless specified otherwise?)

A2. Some provisions of former Bill C-21 came into force upon Royal Assent, others 30 days following Royal Assent and some will come into force on a day fixed by Order in Council.

The former Bill includes clauses that contain their own coming into force provision.

Clause 73 of the former Bill also includes some, but not all of the provisions that will come into force on a day fixed by Order in Council (OIC).

Where the Act is silent on the coming into force of a particular provision, it came into force on Royal Assent.

Q3. Would you have a guidebook or cheatsheet to help with requests like this?

A3. Below is an overview of the measures in the former Bill C-21 that are not yet in force and that will come into force on a date fixed by Order in Council:

  • Criminal Code
    • Definition of “firearm part” (i.e., barrel for a firearm, slide for a handgun) and its addition to the firearms regime in theCriminal Code
  • Firearms Act
    • Prevent individuals subject to a protection order or who 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 the family from holding a licence
    • Expanded licence revocation authorities:
      • Automatically revoke a licence for individuals who are subject to a protection order
      • Require the revocation of a licence for individuals who may have engaged in an act of domestic violence or stalking
      • Establish conditional licence regime to allow for sustenance hunting in the case of licence revocations related to domestic violence or protection order
    • Establish “yellow flag” licence suspension regime:
      • Allow a CFO to temporarily suspend a firearms licence (up to 30 days) if they suspect an individual is no longer eligible to hold the licence
    • Require a firearms licence to acquire firearm parts (i.e., barrel for a firearm, slide for a handgun)
    • Require a firearms licence to import ammunition, cartridge magazines, and firearms parts
    • Centralize approval of Authorizations to Carry (ATC) for personal protection with the Commissioner of Firearms

Below is an overview of the measures in the former Bill C-21 that came into force on Royal Assent or 30 days later:

  • Criminal Code
    • Add a prospective technical definition to the definition of “prohibited firearm”
    • Create new “red flag” regime
    • Allow any person to make an application for an emergency prohibition order, with anonymity protections 
    • Allow any person to apply for an emergency limitations on access order
    • Increase maximum penalties for weapons smuggling/trafficking from 10 to 14 years
    • Make it an offence to alter a cartridge magazine to exceed legal limits
    • Add additional firearms offences to the list of offences eligible for wiretapping  
    • Provide security personnel of certain federal entities with public officer status
    • Repeal Governor in Council (GiC) ability to downgrade firearms classification (also in Firearms Act)             
    • Add new offences for possession and distribution of computer data  
    • Add “unlawfully manufactured firearm” to the definition of “prohibited firearm”
  • Firearms Act
    • Require firearm surrender pending legal challenge of licence revocation 
    • Authorize the disclosure of firearms licence information to law enforcement to support trafficking investigations (e.g., straw purchasing), with information on disclosures published in Annual Report by the Commissioner of Firearms
    • Require a firearms licence to acquire (transfer) cartridge magazines
    • To allow a licenced individual to address a mental illness or similar issue, authorize the transport a restricted or prohibited firearm to another licenced individual or business
    • Make it an offence to depict promote violence against a person in firearms marketing
    • Automatically expire registration certificates subsequent to a change in a firearm’s classification
    • Restrict all handgun transfers and imports for individuals except for individuals with an Authorization to Carry and individuals training, coaching or competing in a handgun discipline on the programme of the International Olympic or Paralympic Committees

Q4. Could you summarize/list the government’s plans related to firearm policy? (e.g., What was announced, how it comes into force, timing, current status, …)

A4. The Government of Canada is working to implement the provisions of former Bill C-21 in a timely manner, while allowing time for consultations, operational readiness and advance notice to Canadians.

More information for each measure will be provided in due course.

—Source: Department of Public Safety, Response to TheGunBlog.ca, 19 March 2024

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