Canadians deserve to feel and be safe in their communities. One Canadian killed by gun violence is one too many. This is why the Government of Canada has adopted a comprehensive plan to combat gun violence and help keep Canadians safe.
No single program or initiative can tackle the challenge of gun violence alone. Part of the Government of Canada's comprehensive plan to keep Canadians safe from gun crime is strengthening legislation and regulations, investing in law enforcement and border operations, and providing funding for communities to tackle the root causes of firearms violence.
On May 30, 2022, the Government of Canada introduced Bill C-21, our country's most significant action on gun violence in a generation.
The Bill introduces a national freeze on the sale, purchase and transfer of handguns into law. This national freeze took effect via regulations on October 21, 2022. The Bill also includes significant measures to:
- address the alarming role of guns in gender-based violence through red and yellow flag laws;
- strengthen border controls by increasing maximum penalties for gun traffickers;
- create authorities to combat firearms smuggling, trafficking and related offences;
- establish new firearm-related offences and strengthened penalties;
- add a new technical definition to the definition of "prohibited firearm" in the Criminal Code; and
- address the growing threat of illegally manufactured firearms - otherwise known as "ghost guns."
National "freeze" on handguns
A national freeze on the sale, purchase or transfer of handguns by individuals within Canada, and bringing newly-acquired handguns into Canada came into force by regulations on October 21, 2022.
Individuals can continue to possess and use their registered handguns and can sell or transfer their registered handguns to exempted individuals or businesses.
Businesses:
- Authorized businesses with proper storage (i.e., retailers) can continue to import and sell handguns to other businesses (e.g., gunsmiths, museums, valuable goods carriers, retailers, movie and theatrical industry), law enforcement, defence personnel and exempted individuals.
Exemptions:
- Anyone who holds an Authorization to Carry handguns; and,
- Individuals who train, compete or coach in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee.
The national freeze on handguns came into force, via regulatory amendments to the Firearms Act, upon approval by the Governor General and registration on October 21, 2022. The regulations have been in force since then.
The text of the Regulations was published in the Canada Gazette, Part II on November 9, 2022.
"Red flag" law, "yellow flag" law and expanded licence revocation
Protecting the safety and security of victims of intimate partner violence and gender-based violence is of paramount importance. Victims need to feel protected and fully supported when they ask for help.
"Red flag" law
The new "red flag" law would:
- Enable anyone to make an application to a court for an emergency weapons prohibition order (red flag) to immediately remove firearms, for up to 30 days, from:
- an individual who may pose a danger to themselves or others; and
- an individual who may be at risk of providing access to firearms to another person who is already subject to a weapons prohibition order.
- Protect the safety of "red flag" applicants and those known to them, if needed, by giving a judge the option to:
- close a "red flag" hearing's proceedings to the public and media;
- seal the court documents for up to 30 days or remove any information that could identify the applicant for any period of time that the judge deems necessary, including on a permanent basis.
Individuals who are subject to an emergency weapons prohibition order (red flag) could be required to:
- surrender their firearm(s) to law enforcement; or
- have the firearm(s) removed temporarily on an urgent basis through a seizure order from the court.
These emergency weapons prohibition orders would help to address situations where an individual poses a risk to themselves, their family, or to public safety, including perpetrators of intimate partner and gender-based violence, people at risk of suicide, and radicalized individuals.
Limitation on access orders would address situations where an individual subject to a prohibition order could have access to a third-party's weapon.
New applications for an emergency weapons prohibition order could be made, and the court could set a hearing for a longer-term prohibition order (up to 5 years) if there continues to be reasonable grounds to believe that the individual poses a public safety risk.
A program would be developed to help raise awareness and provide tools to victims and supporting organizations on how to use the "red flag" provisions and protections. It would support vulnerable and marginalized groups including women, Indigenous people and other racialized communities and people with mental health issues, to ensure that the "red flag" law is accessible to all, particularly those who may need it the most.
"Yellow flag" law
Introduce a new "yellow flag" law that would allow:
- a Chief Firearms Officer (CFO) to temporarily suspend an individual's licence for up to 30 days when there is a reason to suspect the person is no longer eligible to hold a firearms licence (e.g., suspected of illegally reselling firearms);
- any member of the public to contact a CFO with information about a licence holder;
- a CFO to use the 30-day suspension to investigate a claim and revoke a licence if there is evidence to support it.
The licence holder would not be able to use, acquire or import new firearms during the temporary 30-day suspension period but would retain possession of their current firearm(s).
If an investigation determines that the individual continues to be eligible to hold a firearms licence, their use and acquisition privileges would be immediately reinstated.
Expanded licence revocation
Following the coming into force of the legislation, the extended licence revocation authority would help protect those in danger from firearms violence and would permit a Chief Firearms Officers (CFO) to revoke a firearms licence:
- in cases of domestic violence and/or criminal harassment (e.g., stalking);
- when a protection order has been issued against a current licence holder;
- when an emergency weapons prohibition order (red flag) is issued by a judge against a current licence holder.
CFOs would not issue a firearms licence to anyone who at the time they apply is, or has previously been, subject to a protection order related to the safety of any person or an emergency weapons prohibition order (red flag).
In the case of licence revocations related to domestic violence and protection orders, limited exceptions would be available for individuals needing a firearm for sustenance hunting and trapping, or employment.
The Government intends to launch a consultation with Canadians on the proposed expanded licence revocation and "yellow flag" suspension regime prior to the coming into force of these proposals.
Who has authority to revoke a firearms licence in Canada?
Licence revoked by: Chief Firearms Officer
Instrument: Firearms Act
Reason: Protection order (issued by the Court)
* Individuals can appeal a protection order issued by the Court but cannot appeal the firearms licence revocation by the Chief Firearms Officer
Appeal: No
Firearms surrender required? Yes
In force? No
Licence revoked by: Chief Firearms Officer
Instrument: Firearms Act
Reason: Domestic violence/criminal harassment incident
Appeal: Yes
Firearms surrender required? Yes
In force? No
Licence revoked by: Judge
Instrument: Court order
Reason: Emergency weapons prohibition order (red flag)
Appeal: No
Firearms surrender required? Yes
In force? No
Licence revoked by: Chief Firearms Officer
Instrument: Firearms Act
Reason: Following investigation under "yellow flag" law
Appeal: Yes
Firearms surrender required? Yes
In force? No
Licence revoked by: Chief Firearms Officer
Instrument: Firearms Act
Reason: Any reason as outlined under the Firearms Act
Appeal: Yes
Firearms surrender required? Yes
In force? Yes
Technical definition of prohibited firearms and measures to address Ghost Guns
These new proposed measures would help prevent assault-style firearms and ghost guns from getting into our communities and clarify classification of firearms for gun industry to keep the next generation of assault-style firearms out of our country, and protect the firearms of hunters and other law-abiding gun owners.
How we got here
Firearms are classified into three categories in Canada: non-restricted, restricted, and prohibited.
Section 84 of the Criminal Code describes what makes a firearm non-restricted, restricted or prohibited. Firearms can also be classified as restricted or prohibited through regulations.
New Technical definition for prohibited firearms
This would add a new technical definition to the definition of "prohibited firearm" in the Criminal Code. This definition would be inserted into the Import Control List. The proposed technical definition responds directly to recommendation C.21 from the final report of Mass Casualty Commission, which recommends a similar technical definition.
The definition would focus on semi-automatic, centre-fire firearms that are not handguns that were originally designed with a detachable magazine with a capacity of six cartridges or more.
This definition would apply prospectively, meaning it would only apply to firearms designed and manufactured on or after the date the definition comes into force. It would not impact the classification of existing firearms in the Canadian market.
Ghost Guns
The package includes a number of proposed legislative amendments to address the growing threat of illegally manufactured firearms - otherwise known as "ghost guns." The amendments would, among other things, enact new offences targeting ghost guns and classify ghost guns and other illegally made firearms as prohibited. Additional controls have been added for purchases (transfers) and imports of certain firearm parts (barrels and handgun slides) commonly used to make ghost guns.
Cartridge Magazines
The package includes a number of proposed legislative amendments to control the purchase (transfer) and imports of cartridge magazines. This responds directly to recommendation C.21 from the final report of Mass Casualty Commission, which recommends this amendment.
Indigenous rights
These changes include a specific provision stating that nothing in Bill C-21 derogates from the rights of Indigenous peoples recognized and affirmed under section 35 of the Constitution Act, 1982.
Parliamentary Review
A new clause in the Bill would require a parliamentary review of the amendment to the definition of prohibited firearm and would start five years after the coming into force of the new provisions. That would help to inform whether the objectives of the proposed changes are being achieved.
Changes via Regulations
Beyond amendments to Bill C-21, the Government will be moving forward in the future with additional measures through regulations.
Regulations under the Firearms Act
The Government proposes to use existing regulation making authorities under the Firearms Act to close a regulatory gap where firearms that enter the Canadian market may be misclassified. It would also ensure that the Government is aware of the presence of new makes and models of firearms before entry into the domestic market and that classifications are applied correctly.
Large Capacity Magazines
The government intends to update regulations regarding large capacity magazines in the near future to require the permanent alteration of long-gun magazines so they can never hold more than five rounds and to ban the sale of transfer of magazines capable of holding more than the legal number of bullets.
Canadian Firearms Advisory Committee
The debates around measures to prohibit additional firearms have shown that there are diverse and divergent opinions around firearms classification in Canada. To depoliticize the classification definitions, the Government will be re-establishing the Canadian Firearms Advisory Committee.
Broader action on gun violence
No single program or initiative can tackle the challenge of gun violence alone. That is why Bill C-21 is one of many elements in the Government's comprehensive plan to keep Canadians safe from gun crime.
Action at the Border
The fight against gun violence begins at our borders, where the Government of Canada has added resources to fight smuggling and stop guns from coming into Canada.
Over the past two years, the Government of Canada has devoted an extra half billion dollars to border security. The plan is working: the Canada Border Services Agency and RCMP are seizing a record number of guns, both at the border and domestically.
The Government of Canada is also working closely with counterparts in the United States to fight gun trafficking and trace illegal guns, including through the re-established Cross-Border Crime Forum and the new CAN-US Joint Cross-Border Firearms Task Force.
Action in Parliament
The Government is also advancing legislative solutions to help protect Canadians from gun violence. In addition to Bill C-21, the Government has stated its intention to move forward with important changes to Canada's bail system.
The Minister of Justice and Attorney General of Canada has introduced legislation to strengthen the bail system including by focussing on repeat violent offenders and serious offences committed with firearms and other dangerous weapons. Bill C-48 proposes to make targeted changes to the Criminal Code's bail regime to ensure our communities stay safe. The changes would address repeat violent offending with weapons including knives and bear spray, gun violence, and intimate partner violence (IPV).
Action in our communities
Finally, the Government of Canada is working to stop violence before it starts.
In May 2023, the Government announced an investment of $390 million for programs to help stop gun crime and gang violence before it starts. This funding, provided over the next five years to provinces and territories, will support a variety of initiatives, including support for prevention programs. This funding builds on the success of the initial Initiative to Take Action Against Gun and Gang Violence (ITAAGGV), announced in 2017. ITAAAGGV funding has been used by provinces and territories for an array of important efforts to combat gun and gang violence.
In addition to the ITAAGGV investment, the Government of Canada is providing $250 million to municipalities and Indigenous communities to support gun and gang violence prevention and intervention programs for gang members, children, young adults and youth-at-risk through the Building Safer Communities Fund (BSCF). BSCF funding supports local projects that address risk factors associated with gun and gang violence, by addressing the underlying social conditions that give rise to crime and providing opportunities to vulnerable and at-risk youth across Canada.
Through the National Crime Prevention Strategy (NCPS), the Government provides funding for community-based preventative programming to help at-risk youth overcome their challenges, build confidence, and them away from gun and gang culture. In fact, through the NCPS, Public Safety Canada invests over $40 million annually in funding to community organizations to deliver culturally specific interventions that address the root causes of violence among youth and young adults.
Public Safety Canada supports Indigenous-led community safety and wellbeing approaches through the Aboriginal Community Safety Planning Initiative (ACSPI), and the NCPS' Northern and Indigenous Crime Prevention Fund (NICPF). Communities with a Safety Plan are supported to implement community safety and wellbeing approaches in response to their identified safety priorities.
By investing in community programming, we will reduce the cycle of gun and gang violence, and prevent youth from entering a life of crime. The Government of Canada is committed to the continued collaboration and efforts with community partners to combat gun crime and gang violence in Canada.
