OTTAWA—On December 15, Bill C-21, an Act to amend certain Acts and to make certain consequential amendments (firearms), received Royal Assent, immediately bringing into force a series of measures to combat gun crime, including the national handgun freeze, new “red flag” laws (also known as emergency weapons prohibition orders) and increased penalties for firearms smuggling and trafficking.
“With Bill C-21 becoming law, Canada has taken a major step in strengthening gun control and combatting gun violence. I want to thank those who have championed and advocated for these measures and who worked so hard to see this legislation adopted. Your input and your support have been invaluable and have contributed to building safer communities from coast to coast to coast,” said the Honourable Dominic LeBlanc, Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, in a release.
“The safety and security of everyone in Canada is our government’s top priority, and it requires strong action to protect individuals from gun violence,” said the Honourable Arif Virani, minister of justice and Attorney General of Canada. “These changes to the law, taken together with the recent reforms to the bail system to address repeat violent offenders, will help keep people safer. We will continue to crack down on firearms smuggling and trafficking, target violent crimes involving handguns and address the alarming role of guns in gender-based violence, including intimate partner violence.”
Since 2009, handguns have been the most used weapon in firearm-related violent crimes in Canada. With the passing of this legislation, the national freeze on the sale, purchase and transfer of handguns has been codified in legislation (Firearms Act), restricting the transfer and importation of handguns into Canada. The handgun freeze came into effect by regulations made on October 21, 2022.
To address risks to victims, including gender-based and intimate partner violence where a firearm is present, new ‘red flag’ laws are also now in force. This will allow any individual to apply to the court for an emergency weapons prohibition order against a person who possesses firearms and poses a danger to themselves or others.
Other significant changes to address the criminal use of firearms have immediately come into force, including increased maximum penalties for weapons smuggling and trafficking offences from 10 to 14 years.
Other measures will come into force 30 days following Royal Assent, including the enactment of new offences related to the possession and distribution of computer data for use in illegal firearms manufacturing, for example by 3D printing “ghost guns,” and the classification of illegally made firearms as prohibited.
Some measures in this legislation, including the new “yellow flag’ license suspension regime and enhanced license revocation provisions, will come into force at a later date through an Order in Council. This will allow the necessary engagement and preparation to take place.
This legislation’s measures align with the recommendations put forward in the Final Report of the Mass Casualty Commission, released on March 30. It includes eliminating firearms access for those who are involved in intimate partner violence, stalking, or who are subject to a protection order.
These measures are part of the government’s comprehensive plan to keep communities in Canada safe from gun crime. It includes secure borders, where resources have been added to fight smuggling and stop guns from coming into Canada; and a robust legal framework, the national handgun freeze, and strong prevention strategies, notably the Building Safer Communities Fund, which aims to stop gun crime before it starts.
