Order Fixing September 1, 2024 as the Day on Which Certain Provisions of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force

Canada Gazette, Part II, Volume 158, Number 14

Registration
SI/2024-27 July 3, 2024

AN ACT TO AMEND CERTAIN ACTS AND TO MAKE CERTAIN CONSEQUENTIAL AMENDMENTS (FIREARMS)

Order Fixing September 1, 2024 as the Day on Which Certain Provisions of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force

P.C. 2024-717 June 17, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice,

• (a) under subsections 0.1(2), 0.2(2), 1(8), 1.1(3), 1.2(3), 1.3(2), 1.5(3), 1.6(2), 4(4), 10(3), 10.1(2), 11.1(2), 11.2(2), 11.3(3), 12(2), 12.1(2), 12.2(2), 12.3(2), 13.1(2), 13.2(2), 13.3(3), 13.4(2), 13.5(2), 13.6(2), 13.7(2), 13.8(2), 13.9(2), 13.10(2), 13.11(2), 13.12(2) and 73(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, fixes September 1, 2024 as the day on which subsections 0.1(1), 0.2(1), 1(3) and (5), 1.1(1) and (2), 1.2(1) and (2), 1.3(1), 1.5(1) and (2), 1.6(1), 4(2) and (3) and 5(1) and (2), section 9.1 and subsections 10(2), 10.1(1), 11.1(1), 11.2(1), 11.3(1) and (2), 12(1), 12.1(1), 12.2(1), 12.3(1), 13.1(1), 13.2(1), 13.3(1) and (2), 13.4(1), 13.5(1), 13.6(1), 13.7(1), 13.8(1), 13.9(1), 13.10(1), 13.11(1) and 13.12(1) of that Act come into force;
• (b) under subsections 3.1(4) and 3.2(2) of the English version of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, fixes September 1, 2024 as the day on which subsections 3.1(1) to (3) and 3.2(1) of the English version of that Act come into force; and
• (c) under subsections 3.1(5) and 3.2(3) of the French version of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, fixes September 1, 2024 as the day on which subsections 3.1(1) to (4) and 3.2(1) and (2) of the French version of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order fixes September 1, 2024, as the day on which certain provisions of the Act to amend certain acts and to make certain consequential amendments (firearms) [S.C. 2023, c. 32] come into force.

Objective

The objective of the Order is to fix September 1, 2024, as the coming into force date of the new Criminal Code definition of “firearm part” and consequential amendments to the Criminal Code, as passed by Parliament in former Bill C-21, An Act to amend certain acts and to make certain consequential amendments (firearms) [the Act].

Background

The Act makes significant amendments to the Firearms Act, the Criminal Code and other federal legislation that assist in fulfilling the Government commitments in relation to gun control, in protecting individuals in Canada from firearm-related harms and in reducing firearm-related harms, including intimate partner, gender- and family-based violence. Among other elements, the Act amends the Criminal Code to establish an emergency weapons prohibition order regime (the “red flag” regime); increases the maximum penalties for trafficking and smuggling offences from 10 to 14 years of imprisonment; and prohibits the possession and distribution of computer data for the purpose of unlawfully manufacturing a firearm, including 3D printed firearms (“ghost guns”). The Act received royal assent on December 15, 2023.

Certain provisions of the Act amending the Criminal Code came into force upon royal assent, such as the provisions relating to the new “red flag” regime. Some provisions came into force on the 30th day after the day the Bill received royal assent, including the new possession and distribution of computer data offences (new section 102.1). The remaining provisions amending the Criminal Code, that is, the definition of “firearm part” and consequential amendments (e.g. adding the term to existing offence provisions), come into force by this Order in Council, completing the coming into force of the Criminal Code provisions of the Act.

Implications

The term “firearm part” is defined for the purposes of the Criminal Code, and means a barrel for a firearm, a slide for a handgun; and any other part prescribed in regulation. Those specific parts were included in the definition as they are the most difficult to manufacture and are the most common parts of a firearm. Consequential amendments to the Criminal Code add the term “firearm part” to various provisions, including to the firearms weapons prohibition provisions as well as certain offence provisions such as weapons trafficking (section 99) and transferring without authority (section 101).

This Order makes it clear that the changes to the implicated provisions come into force on September 1, 2024.

Complementary amendments to the Firearms Act require individuals to show a firearms licence to acquire or import firearm parts. A separate and related Order brings these provisions into force on the same date, September 1, 2024.

Together these measures restrict the lawful acquisition of firearm parts to reduce illicit firearms manufacturing (e.g. creating “ghost guns”) by limiting access to the ready supply of necessary parts.

Consultation

Stakeholders had an opportunity to appear and provide submissions during the parliamentary consideration of the legislation. No concerns were raised with the provisions themselves or their coming into force.

Contact

Matthew Taylor
Director and General Counsel
Criminal Law Policy Section
Policy Sector
Department of Justice
Email: Matthew.taylor@justice.gc.ca