Unclassified | Non classifié Unclassified | Non classifié Standing Senate Committee on National Security, Defence and Veterans Affairs Consideration of Bill C-21 October 23, 2023 QUESTION: Senator Cardozo: Do you have a sense of how many regulations you are talking about or how many clauses of the bill will have regulations? Mr. Dakalbab: We do. I’m happy to provide you with the list. I have it here, and I don’t mind providing you with it. It is a list of which provisions will be coming into force through order-in-council and which will be coming into force immediately at Royal Assent.

That will give you a bit of an idea of which legislation we’re talking about and which provisions will be — Senator Cardozo: That would be helpful. Because there are so many different — Mr. Dakalbab: Mr. Chair, we will provide it. RESPONSE: There are a number measures in Bill C-21 for which new regulations may be required to support implementation. A coming into force chart is also included.

Firearms Act Enhanced Firearms Licence Revocations : Clause 15 (definition of Protection Order), Clause 16 [ineligibility in case of Protection Order or conviction for certain offences (e.g., intimate partner violence)], Clause 36 (conditional licencing for sustenance hunting) License requirements to transfer and import firearm parts and cartridge magazines and to import ammunition: Clause 26 Authorization to Carry Centralization: Clause 27 Licence Disclosure for Straw Purchasing: Clause 39 Handgun Exemption: Clause 43 Nuclear Safety and Control Act Limited Peace Officer Status: Clause 50 Immigration and Refugee Protection Act Strengthen the transborder Criminal Inadmissibility Framework : Clause 53

Unclassified | Non classifié Unclassified | Non classifié Coming into Force chart for Bill C-21:

An Act to amend certain Acts and to make certain consequential amendments (firearms) Criminal Code Provision Coming into Force Amend “red flag” firearms removal tool, to allow anyone to make an application to the court and include anonymity protections Royal Assent Increase maximum penalties for weapons smuggling/trafficking from 10 to 14 years Royal Assent Make it an offence to alter a cartridge magazine to exceed legal limits Royal Assent Add two firearms offences to the list of offences eligible for wiretapping Royal Assent Provide security personnel of certain federal entities (e.g.

Bank of Canada, Royal Canadian Mint) with public officer status Royal Assent Repeal Governor in Council (GiC) ability to downgrade firearms classification (also in Firearms Act) Royal Assent Firearms Act Provision Coming into Force Prevent individuals subject to a protection order or who have been convicted of certain offences (e.g. intimate partner violence) from obtaining a licence, and require the revocation of a licence for individuals who are subject to a protection order OiC Require the revocation of a licence for individuals who have been involved in

an act of domestic violence or stalking OiC Establish “yellow flag” licence suspension regime OiC Require firearm surrender pending legal challenge of licence revocation Royal Assent Disclose firearms licence information to stop trafficking, e.g. straw purchasing Royal Assent Require a firearms licence to import ammunition OiC Require a firearms licence to transfer and import firearm parts OiC Require a firearms licence to transfer and import cartridge magazines OiC Make it an offence to promote violence against a person in firearms marketing and sales Royal Assent Automatically expire registration certificates subsequent to a change in a firearm’s classification Royal Assent Centralize approval of Authorizations to Carry (ATC) handguns in the Commissioner of Firearms OiC

Unclassified | Non classifié Unclassified | Non classifié Prohibit the issuance of registration certificates and Authorizations to Transport for handguns from any port of entry (with exceptions) Royal Assent Prohibit all handgun transfers and imports for individuals except for individuals with an Authorizations to Carry for the purposes of their employment and sports shooters training, coaching or competing in a handgun discipline on the programme of the International Olympic or Paralympic Committees Royal Assent Immigration and Refugee Protection Act (IRPA) Provision Coming into Force Strengthen the transborder Criminal Inadmissibility Framework Royal Assent Nuclear Safety and Control Act Provision Coming into Force Grant limited peace officer status to security personnel at Canada’s nuclear facilities and provide independent review of their actions OiC

Unclassified | Non classifié Unclassified | Non classifié Standing Senate Committee on National Security, Defence and Veterans Affairs Consideration of Bill C-21 October 23 , 2023 QUESTION: Senator Plett: Thank you. I will be succinct. I have two questions. If the minister will cooperate with me, maybe I can get both of them in. Minister, you talked briefly in your opening remarks about engagement with Indigenous communities. In fact, we have a submission from the Mohawk Council of Kahnawá:ke in which they stated there was no consultation.

Let me briefly read what they said: There is no carve-out in Bill C-21 for the exercise of our inherent jurisdiction rights, nor was any consultation carried out to solicit our input. Other Indigenous groups, of course, have reported the same. How is that possible, minister, when this bill clearly impacts them? They are saying there was no consultation. You are saying there was engagement. Minister LeBlanc: That is a very good question. Again, I believe that the elements of this bill — and it's stated clearly in the legislation — are respectful of Indigenous rights.

My predecessor Marco Mendicino had a series of consultations with Indigenous groups. Talal and I have a list here. We’re happy to share that with you, senator, because it is a good question. I see a number of Indigenous communities who were met with in the winter and spring of this year. With respect to this particular community, Talal, do you hav e an answer for the senator? Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, Department of Public Safety and Emergency Preparedness: I’m happy to jump in. Actually, I would like to clarify as well.

The bill, as it stands right now, there were extensive consultations with Indigenous communities across the country when it was introduced the first time. Senator Plett: My question was on this bill. Mr. Dakalbab: This bill as well, when there were amendments introduced, we did further consultations, but most of those amendments were removed from this bill. I’m happy to share with you the consultations we did. RESPONSE: In October 2018, Public Safety Canada launched an engagement process which would become the Reducing Violent Crime: A Dialogue on Handguns and Assault-Style Firearms report.

This report informed the Government’s overarching firearms strategy and Bill C-21 (former and current). This engagement exercise included roundtable meetings with File

Unclassified | Non classifié Unclassified | Non classifié Hills First Nation Police Service, Tsuut’ina Nation Police Service, and the First Nations Chiefs of Police Association. Bilateral meetings with the Minister and/or Parliamentary Secretary included Indigenous partners across the country, such as Inuit Tapirit Kanatami, Assembly of First Nations, Congress of Aboriginal Peoples, Métis National Council, Native Women’s Association of Canada, Grand Chief of Atikamekw, Kwanlin Dün First Nation, NeChee Friendship Centre, Treaty #3 Indigenous Police Service, and Treaty 7 Chiefs.

Public Safety also received a written submission from the Kativik Regional Government. When the current Bill C-21 was tabled in Parliament in May 2022, an invitation to attend a technical briefing was extended to a series of Indigenous partners, with representatives of Inuit Taparit Kanatami and the Congress of Aboriginal Peoples attending. In January 2023, invitations to two technical briefings were extended to a number of national and regional Indigenous organizations to discuss specific provisions of Bill C-21 and their impacts.

Among the participants, were the following organizations: Native Women’s Association of Canada, Inuit Tapiriit Kanatami, Métis National Council, Manitoba Métis Federation, Tlicho Land Claim and Self-Government Agreement, Hunting, Fishing and Trapping Coordinating Committee, Nunatsiavut Government, Tr'ondëk Hwëch'in, Grand Council of the Crees (Eeyou Istchee) and Cree Nation Government, Champagne and Aishihik First Nations, and Toquaht Nation. Between February and May 2023, Public Safety held a number of engagements with Indigenous partners across the country.

This included meetings with the Manitoba Métis Federation, Les Femmes Michif Otipemisiwak, Tribal Chiefs Ventures, Manitoba Keewatinowi Okimakanak Inc., the Métis National Council (including regional affiliates from British Columbia, Alberta, Saskatchewan, and Ontario), the Hunting, Fishing, Trapping Coordinating Committee, First Nations Chief of Police Jerel Swamp, the Native Council of Prince Edward Island, Wolastoqey Nation in New Brunswick, and the Native Council of Nova Scotia.

Unclassified | Non classifié Unclassified | Non classifié Standing Senate Committee on National Security, Defence and Veterans Affairs Consideration of Bill C-21 October 23, 2023 QUESTION: Senator Dagenais: Mr. Flynn, I’d like to come back to the photos I showed Minister LeBlanc. In fact, he leaned towards you. Have you checked with the Lahache shooting club in Kahnawake? I see that they use weapons that fire 20 bullets in less than five seconds, and you can either rent or buy them. Have any checks been made with this shooting club to determine whether the weapons used and sold are legal?

Deputy -Commissioner Flynn: I’m not aware if any of the RCMP detachments or any of the police of jurisdiction have checked those locations to determine the legality of any of the firearms that are being used there, but it is certainly something that we can take offline and look into. RESPONSE: The Lahache Shooting Club is regulated through the Chief Firearms Officer of Quebec. As it is a shooting range and a business at the same time, it can legally sell and rent weapons in its inventory as long as it complies with current legislation and licensing.

According to records, the club neither sells nor possesses any prohibited weapons in the inventory. The Chief Firearms officer of Quebec has made several visits to the business and shooting range: • Shooting range inspected on 2020-09-01 (opening) • Shooting range inspected on 2022-02-16 • Shooting range inspected on 2022-08-29 • Business inspected on 2022-08-29 According to the inventory found on the site, only two semi-automatic weapons can meet the criterion of 20 bullets in 5 seconds, and they are the .22lr caliber weapons legal in Canada with 24-round magazines.

Since these are rim-fire (.22) ammunition there are no limitations. Maximum authorized magazine capacity: Any magazine whose capacity exceeds the allowable limit, as set out in the Regulations Designating Firearms, Weapons, Components or Parts of Weapons, Accessories, Loaders, Ammunition and Projectiles as Prohibited or Restricted, is a prohibited device. Businesses may possess prohibited devices. Individuals may not possess prohibited devices.

Unclassified | Non classifié Unclassified | Non classifié As a general rule, the maximum magazine capacity is as follows: • 5 rounds for most magazines designed for semi-automatic centerfire long guns; • 10 rounds for most magazines designed for handguns. The possession of a high-capacity magazine, which has been permanently modified to prevent it from holding more cartridges than permitted by law, is legal in Canada. Criminal Code regulations describe acceptable ways of modifying a magazine. It is illegal to import large-capacity magazines that have not been modified.

With a few exceptions, there is no magazine capacity limit for: • semi-automatic rimfire long guns; • other non-semi-automatic long guns.

Unclassified | Non classifié Unclassified | Non classifié Standing Senate Committee on National Security, Defence and Veterans Affa irs Consideration of Bill C-21 October 23, 2023 QUESTION: Senator Kutcher: I’m glad to see that that’s starting. Correct me if I’m wrong, but I’m assuming once you get this data, it will be populated with Stats Canada so we can ask for that. That’s good to know. Thank you, Mr. Flynn, for the tracing issue, because that was my question to you. It was a perfect segue. What proportion of guns seized at crime scenes are actually traceable? Why can some guns not be traced?

Is there a notice on the manufacturer to make the guns traceable? Help me understand this conundrum here. Deputy -Commissioner Flynn: I will start, and I may need to turn to my colleague if you require more granularity than I can provide. Working from the stats for 2022, there were 5,022 firearm traces done. Of those, 1,888 were successfully traced to the point at which they entered the illegal market. Senator Kutcher: That’s quite a small number, proportionally. Mr. Flynn: It is two thirds. We considered it to be a success to start with. Senator Kutcher: All right.

Deputy -Commissioner Flynn: There are 3,000 that could not be traced to the point at which they entered the illegal market. I’ll stop there, and I’ll turn to my colleague. Is there additional granularity to those statistics you’re able to share or is that it? New Speaker: The serial numbers. As you know, with many firearms, there are no serial numbers. Whether they have been removed, ghost guns, et cetera. Senator Kutcher: Is there anything that manufacturers of guns can be asked to do to make them more traceable? The Chair: We do have to move on. These are great questions.

Senator Kutcher: Could we get a written response for that? The Chair: If we could, that would be very helpful. Thank you.

Unclassified | Non classifié Unclassified | Non classifié RESPONSE: Firearms tracing is a key tool in determining the sources of and diversion routes for illegal firearms. In order to trace a crime gun, law enforcement must be able to “follow the trail” of the firearm from point-of-origin to its current state. Without adequate and consistent markings, the ability to trace the firearm to its criminal end becomes extremely difficult.

The traceability of a firearm depends on a variety of factors, one of which is the application by manufacturers of specific markings, such as the firearm’s : make, model, manufacturer, caliber and serial number to the firearm’s receiver or frame. Firearms that are consistently marked by all manufacturers with this information, in approximately the same location (i.e. on the receiver or frame) would improve the traceability of the firearm in Canada. However, there is variability in this practice particularly with some international manufacturers given their respective legal frameworks.

For example, serial numbers are often present on most firearms regardless of their place of manufacturer; however, it is not always applied to the receiver or frame, which is considered the controlled component in Canada. In other countries, such as Germany, the serial number is applied to the barrel which is considered the controlled component. The absence of serial numbers on the receiver or frame impacts tracing in Canada, especially as modern manufactured modular designs facilitate easy removal/replacement of barrels, slides, and stocks.

Finally, Canadian National Firearms Tracing Centre continues to actively collaborate with domestic and international law enforcement partners to identify the origin of smuggled firearms and illicit trafficking patterns through intelligence sharing and the exchange of best practices.