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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 64
Thursday, May 4, 2023, 3:39 p.m. to 5:28 p.m.
Webcast
Presiding
Ron McKinnon, Chair (Liberal)

•  (Conservative)
• Alex Ruff for Raquel Dancho (Conservative)
• Blaine Calkins for Doug Shipley (Conservative)
• Martin Shields for Glen Motz (Conservative)
House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Pascale Robillard, Analyst
Department of Justice
• Marianne Breese, Counsel, Criminal Law Policy Section
• Paula Clarke, Counsel, Criminal Law Policy Section
• Phaedra Glushek, Counsel, Criminal Law Policy Section
Department of Public Safety and Emergency Preparedness
• Rachel Mainville-Dale, Acting Director General, Firearms Policy
Royal Canadian Mounted Police
• Rob Daly, Director, Strategic Policy, Canadian Firearms Program
• Kellie Paquette, Director General, Canadian Firearms Program
Pursuant to the order of reference of Thursday, June 23, 2022, the [committee/subcommittee] [commenced / resumed] consideration of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

Marianne Breese, Paula Clarke, Phaedra Glushek, Rachel Mainville-Dale, Rob Daly and Kellie Paquette answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 1 of the Bill.

The committee resumed consideration of the amendment of Pam Damoff, — 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”)”

Kristina Michaud moved, — That the amendment be amended by replacing the words “was originally designed with” in subparagraph 84(1)(e)(ii) with the following:

“is designed to accept”.

At At 3:59 p.m., the sitting was suspended.

At 4:09 p.m., the sitting resumed.

After debate, the question was put on the subamendment of Kristina Michaud and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:

YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Robert J. Morrissey, Peter Schiefke — 7;

NAYS: Blaine Calkins, Dane Lloyd, Alex Ruff, Martin Shields — 4.

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

After debate, the question was put on the amendment of Peter Julian and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 1, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

On new Clause 1.1,

Pam Damoff moved, — 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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Pam Damoff moved, — 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:

(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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Pam Damoff moved, — 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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Pam Damoff moved, — 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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Pam Damoff moved, — 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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Pam Damoff moved, — 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.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to.

Clause 2 carried.

At 5:28 p.m., the committee adjourned to the call of the Chair.



Simon Larouche
Clerk of the committee