Canadian Bill C-21 and paintball

Canadian Bill C-21 and paintball concerns the proposed restrictions on certain paintball markers under Canadian federal firearms legislation between 2021 and 2023.

Bill C-21, introduced by the Canadian government on 16 February 2021, proposed changes to the legal treatment of imitation firearms. The measures would have restricted the importation, sale and transfer of certain air-powered devices closely resembling conventional firearms, potentially including realistic-looking paintball markers.[1]

The proposals generated concern among Canadian paintball businesses, field operators and players, who feared restrictions on equipment sales and the commercial viability of some recreational venues.[3][4]

Following opposition from affected businesses and sporting organisations, the proposed prohibition on commercial transfers of mid-velocity replica firearms was removed during parliamentary committee proceedings in May 2023. The revised legislation received Royal Assent on 15 December 2023 without that provision.[11][13]

Background

On 16 February 2021, the Canadian government introduced Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), as part of a wider programme of firearms regulation.

The proposed legislation included measures concerning firearms trafficking, licensing, domestic violence and imitation firearms.[1]

One provision proposed treating certain air-powered devices as prohibited devices if they closely resembled conventional firearms.

The proposal concerned devices resembling regulated firearms capable of discharging a projectile at a muzzle velocity exceeding 152.4 metres per second and muzzle energy exceeding 5.7 joules.

The restrictions would have affected certain lower-powered devices with realistic firearm appearances, rather than all recreational airguns or paintball markers.[1]

The original bill did not become law before the dissolution of Parliament in August 2021.[2]

Impact on paintball equipment

The proposed restrictions were particularly relevant to paintball markers designed to resemble conventional firearms.

These included some realistic-looking markers used in recreational and scenario paintball.

By contrast, many conventional sporting and tournament markers had distinctive designs that did not closely resemble regulated firearms.

In February 2021, Sean Thomson, owner of Paintball Paradise in Manitoba, told the Winnipeg Free Press that he expected the direct consequences for paintball to be substantially smaller than those for airsoft.

Thomson explained that most paintball markers did not resemble conventional firearms, although he expressed concern that further changes to the legislation could eventually affect other paintball equipment.[3]

The proposed measures primarily concerned importation, exportation, sale and transfer. They did not amount to a general prohibition on possession or participation in paintball.

Response from Canadian paintball businesses

The proposals attracted opposition from commercial paintball operators.

Frontline Action

In Newfoundland and Labrador, Tom Davis, owner of Frontline Action in St. John's, publicly criticised the proposed legislation.

Frontline Action operated paintball and airsoft activities, making its business potentially vulnerable to restrictions affecting either activity.

In March 2021, Davis warned that the provisions concerning realistic-looking airguns could threaten commercial operators and equipment suppliers.

He argued that the proposed restrictions extended beyond airsoft to include certain paintball markers and other imitation firearms.[4]

PRZ Paintball

In Ontario, Tim Williams, owner of PRZ Paintball near Picton, also expressed concern about the legislation.

The facility operated at the former Craig Complex and accommodated both paintball and airsoft activities.

In an interview published by The Picton Gazette on 1 March 2021, Williams warned that restrictions affecting the availability of airsoft equipment could threaten the business.

The venue attracted recreational participants from across eastern Ontario and other regions, including players attending organised events.

Williams also highlighted the spending generated by visitors at local accommodation and food businesses.[5]

Panther Paintball and Airsoft Sports Park

On 14 April 2021, Conservative member of Parliament Marc Dalton presented a petition on behalf of paintball and airsoft businesses, specifically identifying Panther Paintball and Airsoft Sports Park in Surrey, British Columbia.

Dalton told the House of Commons that the locally owned business provided employment and recreational facilities and that its operators were concerned about the effects of Bill C-21.

The parliamentary intervention demonstrated that concerns raised by individual paintball businesses had reached the federal legislative debate.[6]

Industry organisation and petitions

The controversy encouraged cooperation between sections of Canada's paintball and airsoft industries.

In Quebec, the Association des Joueurs de Paintball et d'Airsoft du Québec (AJPAQ) reported that businesses and organisations had coordinated during winter 2021 to respond to Bill C-21.

The association stated that its existing relationships with paintball fields, retailers and other businesses helped representatives work with the Fédération Sportive d'Airsoft du Québec during the legislative controversy.[8]

Parliamentary petition

An official House of Commons petition, e-3201, was initiated by Nicholas James Martin in February 2021.

The petition opposed the proposed restrictions and specifically identified their potential effects on paintball markers and airsoft equipment.

It requested that the government protect the ability of Canadians to purchase and use paintball and airsoft equipment for recreational purposes.

The petition received 36,600 verified signatures before closing on 26 March 2021.

It was presented to Parliament on 15 April 2021.[7]

In its response, the federal government stated that the proposed restrictions would not prohibit the continued use or acquisition of paintball markers generally, but would affect devices closely resembling regulated firearms.

The government maintained that realistic imitation firearms presented public safety concerns because of their potential use in criminal activity.[7]

Reintroduction of Bill C-21

Following the 2021 federal election, the government introduced a new version of Bill C-21 on 30 May 2022.

The new legislation retained provisions concerning realistic-looking airguns, including a proposed restriction on commercial transfers of certain mid-velocity replicas.[9]

Concerns continued among paintball and airsoft businesses.

On 18 October 2022, representatives of Airsoft in Canada and other organisations appeared before the House of Commons Standing Committee on Public Safety and National Security.

During the proceedings, Airsoft in Canada representative Brian McIlmoyle explained that the proposed changes could affect different categories of recreational equipment, including paintball markers, to varying degrees.[10]

Although the debate principally concerned airsoft, some of the proposed legal definitions also had implications for realistic-looking paintball equipment.

Removal of the proposed restrictions

On 4 May 2023, the Standing Committee on Public Safety and National Security considered an amendment proposed by New Democratic Party member Alistair MacGregor and moved by Peter Julian.

The amendment sought to remove the provision extending prohibited-device restrictions to certain mid-velocity imitation firearms.

Julian argued that the provision would have serious consequences for recreational participants and businesses.

Representatives of other political parties also acknowledged concerns raised by affected sporting organisations.

The committee adopted the amendment, removing the proposed restriction on commercial transfers of these devices.[11]

Public Safety Canada subsequently confirmed that Bill C-21 no longer included the proposed prohibition on the importation, exportation, sale or transfer of the affected mid-velocity replicas.[12]

However, this did not remove the existing Canadian restrictions on devices already classified as prohibited replica firearms.

Final legislation

Bill C-21 received Royal Assent on 15 December 2023, becoming the Act to amend certain Acts and to make certain consequential amendments (firearms).

The legislation retained an amended definition of replica firearm within the Criminal Code.

However, the additional prohibition on commercial transfers of mid-velocity imitation firearms, which had generated substantial concern among recreational airgun businesses, was not included in the enacted legislation.[12][13]

The distinction was significant for Canadian paintball because the proposed restrictions could have affected the sale and importation of certain realistic-looking markers.

The final legislation did not introduce a general prohibition on paintball or paintball markers.

Historical significance

The Bill C-21 controversy demonstrated how changes to firearms legislation could affect paintball businesses even when the sport itself was not the principal subject of the proposed regulation.

The potential restrictions were concentrated on the appearance and legal classification of certain paintball markers, rather than on conventional tournament equipment or participation in paintball generally.

The controversy generated documented opposition from commercial field operators, encouraged cooperation between paintball and airsoft organisations, and contributed to parliamentary petitions and debate.

The removal of the proposed mid-velocity replica restrictions in May 2023 addressed a significant concern raised during the legislative process.

Although individual businesses reported fears of financial losses or closure, the available evidence does not establish that Bill C-21 caused widespread paintball field closures or a measurable decline in Canadian paintball participation.

The episode remains an example of the regulatory challenges faced by paintball and the importance of distinguishing sporting equipment from conventional firearms in national legislation.

References

Bill C-21: First Reading. Parliament of Canada, 16 February 2021. Original proposed amendments to the Criminal Code.
Bill C-21, 43rd Parliament, 2nd Session. LEGISinfo, Parliament of Canada. Legislative history of the 2021 bill.
Airsoft players fear Bill C-21 has sport in sights. Winnipeg Free Press, Kevin Rollason, 24 February 2021. Includes comments from Paintball Paradise owner Sean Thomson.
Clause in Federal Government's New Gun Law Could Significantly Impact Businesses and Entertainment Industries. VOCM, 2 March 2021. Interview with Frontline Action owner Tom Davis.
Bill C-21 could crush current Craig Complex activities. The Picton Gazette, Jason Parks, 1 March 2021. Interview with PRZ Paintball owner Tim Williams.
House of Commons Debates, No. 80. Parliament of Canada, 14 April 2021. Statement by Marc Dalton concerning Panther Paintball and Airsoft Sports Park.
Petition e-3201: Public Safety. House of Commons of Canada, February to May 2021. Official petition, signatures and government response.
Notre mission. Association des Joueurs de Paintball et d'Airsoft du Québec. Association history documenting its response to Bill C-21 during 2021.
Bill C-21: First Reading, 44th Parliament. Parliament of Canada, 30 May 2022. Reintroduced legislation.
Standing Committee on Public Safety and National Security, Meeting 38. House of Commons of Canada, 18 October 2022. Evidence concerning airsoft, paintball and replica firearm restrictions.
Standing Committee on Public Safety and National Security, Meeting 64. House of Commons of Canada, 4 May 2023. Proceedings concerning the amendment removing proposed mid-velocity replica restrictions.
Parliamentary Committee Notes: Replica Firearms. Public Safety Canada, August 2023. Official explanation of the withdrawn provisions and remaining replica firearm definition.
Bill C-21: Royal Assent. Parliament of Canada, 15 December 2023. Final enacted legislation, Statutes of Canada 2023, chapter 32.