Law:Firearms Act

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S.c. 1995, c. 39

Assented to 1995-12-05

An Act respecting firearms and other weapons

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Firearms Act.


Interpretation

Definitions

2. (1) In this Act,

“authorization to carry”

« autorisation de port »

“authorization to carry” means an authorization described in section 20;

“authorization to export”

« autorisation d’exportation »

“authorization to export” means an authorization referred to in section 44 and includes a permit to export goods that is issued under the Export and Import Permits Act and that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export;

“authorization to import”

« autorisation d’importation »

“authorization to import” means an authorization referred to in section 46;

“authorization to transport”

« autorisation de transport »

“authorization to transport” means an authorization described in section 19;

“business”

« entreprise »

“business” means a person who carries on a business that includes

(a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,

(b) the possession, purchase or sale of ammunition, or

(c) the purchase of cross-bows

and includes a museum;

“carrier”

« transporteur »

“carrier” means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition;

“chief firearms officer”

« contrôleur des armes à feu »

“chief firearms officer” means

(a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province,

(b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or

(c) in respect ofny matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister;

“commencement day”

« date de référence »

“commencement day”, in respect of a provision of this Act or the expression “former Act” in a provision of this Act, means the day on which the provision comes into force;

“Commissioner”

« commissaire »

“Commissioner” means the Commissioner of Firearms appointed under section 81.1;

“common-law partner”

« conjoint de fait »

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

“customs office”

« bureau de douane »

“customs office” has the meaning assigned by subsection 2(1) of the Customs Act;

“customs officer”

« agent des douanes »

“customs officer” has the meaning assigned to the word “officer” by subsection 2(1) of the Customs Act;

“federal Minister”

« ministre fédéral »

“federal Minister” means the Minister of Public Safety and Emergency Preparedness;

“firearms officer”

« préposé aux armes à feu »

“firearms officer” means

(a) in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province,

(b) in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or

(c) in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister;

“former Act”

« loi antérieure »

“former Act” means Part III of the Criminal Code, as it read from time to time before the comencement day;

“museum”

« musée »

“museum” means a person who operates a museum

(a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or

(b) in which ammunition is possessed or bought;

“non-resident”

« non-résident »

“non-resident” means an individual who ordinarily resides outside Canada;

“prescribed”

« réglementaire »

“prescribed” means

(a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and

(b) in any other case, prescribed by the regulations;

“provincial minister”

« ministre provincial »

“provincial minister” means

(a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister,

(b) in respect of a territory, the federal Minister, or

(c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister;

“regulations”

« règlements »

“regulations” means regulations made by the Governor in Council under section 117.

To be interpreted with Criminal Code

(2) For greater certainty, unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.

Deemed references to Registrar

(2.1) Sections 5, 9, 54 to 58, 67, 68 and 70 to 72 apply in respect of a carrier as if each reference in those sections to a chief firearms officer were a reference to the Registrar and for the purposes of applying section 6 in respect of a carrier, paragraph 113(3)(b) of the Criminal Code applies as if the reference in that section to a chief firearms officer were a reference to the Registrar.

Aboriginal and treaty rights

(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1995, c. 39, s. 2; 2000, c. 12, s. 116; 2001, c. 4, s. 85; 2003, c. 8, s. 9; 2005, c. 10, s. 29.

class ="PPrevious Version

Her Majesty

Binding on Her Majesty

3. (1) This Act is binding on Her Majesty in right of Canada or a province.

Canadian Forces

(2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.


Purpose

Purpose

4. The purpose of this Act is

(a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of

(i) licences, registration certificates and authorizations under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

(ii) licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and

(iii) licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code;

(b) to authorize,

(i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and

(ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,

firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and

(c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.


Authorized Possession

Eligibility to Hold Licences

General Rules

Public safety

5. (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

Criteria

(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,

(a) has been convicted or discharged under section 730 of the Criminal Code of

(i) an offence in the commission of which violence against another person was used, threatened or attempted,

(ii) an offence under this Act or Part III of the Criminal Code,

(iii) an offence under section 264 of the Criminal Code (criminal harassment), or

(iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;

(b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or

(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

Exception

(3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).

1995, c. 39, ss. 5, 137; 1996, c. 19, s. 76.1; 2003, c. 8, s. 10.

Previous VersionCourt orders

6. (1) A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition.

Exception

(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).

Successful completion of safety course

7. (1) An individual is eligible to hold a licence only if the individual

(a) successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;

(b) except in the case of an individual who is less than eighteen years old, passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;

(c) successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or

(d) passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act.

Restricted firearms safety course

(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual

(a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or

(b) passes a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.

After expiration of prohibition order

(3) An individual against whom a prohibition order was made

(a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,

(i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and

(ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and

(b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,

(i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and

(ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.

Exceptions

(4) Subsections (1) and (2) do not apply to an individual who

(a) in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms;

(b) is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family;

(c) on the commencement day, possessed one or more firearms and does not require a licence to acquire other firearms;

(de) requires a licence merely to acquire cross-bows; or

(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms.

Further exception

(5) Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.

1995, c. 39, s. 7; 2003, c. 8, s. 11.

Previous Version

Special Cases — Persons

Minors

8. (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.

Minors hunting as a way of life

(2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.

Hunting, etc.

(3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.

No prohibited or restricted firearms

(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.

Consent of parent or guardian

(5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.

Businesses

9. (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms.

Safety courses

(2) A business other than a carrier is eligible to hold a licence only if

(a) a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or

(b) the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section.

Employees — firearms

(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms.

Employees — prohibited firearms or restricted firearms

(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.

Employees — prohibited weapons, restricted weapons, etc.

(3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.

Exception

(4) In subsection (3), “firearm” does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon

(a) from which any shot, bullet or other projectile can be discharged; and

(b) that is capable of causing serious bodily injury or death to a person.

Exception

(5) Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person’s ineligibility.

Exception for museums

(6) Subsection (3) does not apply in respect of an employee of a museum

(a) who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or

(b) who is designated, by name, by a provincial minister.

1995, c. 39, s. 9; 2003, c. 8, s. 12.

Previous Version10. (Repealed, 2003, c. 8, s. 13)

Previous Version

Special Cases — Prohibited Firearms, Weapons, Devices and Ammunition

Prohibited firearms, weapons, devices and ammunition — businesses

11. (1) A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section.

Prescribed purposes

(2) A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.

Carriers

(3) A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

Prohibited firearms — individuals

12. (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.

Grandfathered individuals — pre-January 1, 1978 automatic firearms

(2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual

(a) on January 1, 1978 possessed one or more automatic firearms;

(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.

Grandfathered individuals — pre-August 1, 1992 converted automatic firearms

(3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual

(a) on August 1, 1992 possessed one or more automatic firearms

(i) that had been so altered, and

(ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;

(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.

Grandfathered individuals — Prohibited Weapons Order, No. 12

(4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

(a) before July 27, 1992 possessed one or more firearms that were so declared;

(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

Grandfathered individuals — Prohibited Weapons Order, No. 13

(5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

(a) before January 1, 1995 possessed one or more firearms that were so declared;

(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

Grandfathered individuals — pre-December 1, 1998 handguns

(6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if

(a) on December 1, 1998 the particular individual

(i) held a registration certificate under the former Act for that kind of handgun, or

(ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and

(b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

Grandfathered handguns — pre-December 1, 1998 handguns

(6.1) Subsection (6) applies in respect of a handgun

(a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and

(b) in respect of which

(i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,

(ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or

(iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

Next of kin of grandfathered individuals

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

Grandfathered individuals — regulations re prohibited firearms

(8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual

(a) on the day on which the provision comes into force possesses one or more of those firearms; and

(b) beginning on

(i) the day on which that provision comes into force, or

(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued

was continuously the holder of a registration certificate for one or more of those firearms.

1995, c. 39, s. 12; 2000, c. 12, s. 117; 2003, c. 8, s. 14.

Previous Version

Registration Certificates

Registration certificate

13. A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.

Serial number

14. A registration certificate may be issued only for a firearm

(a) that bears a serial number sufficient to distinguish it from other firearms; or

(b) that is described in the prescribed manner.

Exempted firearms

15. A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.

Only one person per registration certificate

16. (1) A registration certificate for a firearm may be issued to only one person.

Exception

(2) Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.


Authorized Transportation Of Firearms

Places where prohibited and restricted firearms may be possessed

17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

1995, c. 39, s. 17; 2003, c. 8, s. 15.

Previous Version18. (Repealed, 2003, c. 8, s. 15)

Previous VersionTransporting and using prohibited firearms or restricted firearms

19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;

(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or

(b) if the individual

(i) changes residence,

(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

(iv) wishes to transport the firearm to a gun show.

Exception for prohibited firearms other than prohibited handguns

(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).

Non-residents

(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.

1995, c. 39, s. 19; 2003, c. 8, s. 16.

Previous VersionCarrying restricted firearms and pre-February 14, 1995 handguns

20. An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

1995, c. 39, s. 20; 2003, c. 8, s. 56.

Previous Version

Authorized Transfers And Lending

General Provisions

Definition of “transfer”

21. For the purposes of sections 22 to 32, “transfer” means sell, barter or give.

Mental disorder, etc.

22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual

(a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or

(b) is impaired by alcohol or a drug.


Authorized Transfers

Authorization to transfer firearms

23. (1) A person may transfer a firearm if, at the time of the transfer,

(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

(b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

(c) the person informs the Registrar of the transfer;

(d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

(e) a new registration certificate for the firearm is issued in accordance with this Act; and

(f) the prescribed conditions are complied with.

Notice

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

1995, c. 39, s. 23; 2003, c. 8, s. 17.

Previous VersionAuthorization to transfer prohibited weapons, devices and ammunition

24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.

Conditions

(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if

(a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

(b)�(Repealed, 2003, c. 8, s. 18)

(c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and

The following provision is not in force.(d) the prescribed conditions are complied with.

1995, c. 39, s. 24; 2003, c. 8, s. 18.

Previous VersionAuthorization to transfer ammunition to individuals

25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual

(a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or

(b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.

Authorization to transfer firearms to the Crown, etc.

26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.

Authorization to transfer prohibited weapons, etc., to the Crown, etc.

(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

1995, c. 39, s. 26; 2003, c. 8, s. 19.

Previous VersionChief firearms officer

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall

(a) verify

(i) whether the transferee or individual holds a licence,

(ii) whether the transferee or individual is still eligible to hold that licence, and

(iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

(c) decide whether to approve the transfer and inform the Registrar of that decision; and

(d) take the prescribed measures.

1995, c. 39, s. 27; 2003, c. 8, s. 20.

Previous VersionPermitted purposes

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

(a) that the individual needs the restricted firearm or handgun

(i) to protect the life of that individual or of other individuals, or

(ii) for use in connection with his or her lawful profession or occupation; or

(b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is

(i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or

(ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.

1995, c. 39, s. 28; 2003, c. 8, s. 21.

Previous VersionShooting clubs and shooting ranges

29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.

Approval

(2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if

(a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and

(b) the premises of the shooting club or shooting range are located in that province.

Revocation

(3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).

Delegation

(4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.

Notice of refusal to approve or revocation

(5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.

Material to accompany notice

(6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Non-disclosure of information

(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.

1995, c. 39, s. 29; 2003, c. 8, s. 22(F).

Previous VersionGun collectors

30. The criteria referred to in subparagraph 28(b)(ii) are that the individual

(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;

(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and

(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.

Registrar

31. (1) On being informed of a proposed transfer of a firearm, the Registrar may

(a) issue a new registration certificate for the firearm in accordance with this Act; and

(b) revoke any registration certificate for the firearm held by the transferor.

Transfers of firearms to the Crown and to the police

(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm.

Mail-order transfers of firearms

32. A person may transfer a firearm by mail only if

(a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; and

(b)�(Repealed, 2003, c. 8, s. 24)

(c) the prescribed conditions are complied with.

1995, c. 39, s. 32; 2003, c. 8, s. 24.

Previous Version

Authorized Lending

Authorization to lend

33. Subject to section 34, a person may lend a firearm only if

(a) the person

(i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and

(ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or

(b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

Authorization to lend firearms, etc., to the Crown, etc.

34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if

(a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and

(b) the prescribed conditions are complied with.

1995, c. 39, s. 34; 2003, c. 8, s. 25.

Previous Version

Authorized Exportation And Importation

Individuals

Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms

35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,

(a) the non-resident

(i) is eighteen years old or older,

(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and

(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).

Non-compliance

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.

Disposal of firearm

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

Non-compliance

(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and

(a) the non-resident has not truthfully completed the prescribed form, or

(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,

the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.

Temporary licence and registration certificate

36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of

(a) the expiration of those sixty days, and

(b) the expiration of the authorization to transport.

Renewal

(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

Electronic or other means

(3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.

The following provision is not in force.Authorization for non-residents who do not hold a licence to export firearms that are not prohibited firearms

37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,

(a) the non-resident

(i) declares the firearm to a customs officer, and

(ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and

(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.

Non-compliance

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.

Disposal of firearm

(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.

The following provision is not in force.Authorization for individuals who hold a licence to export firearms

38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation,

(a) the individual

(i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

(ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and

(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.

Non-compliance

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.

Disposal of firearm

(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.

The following provision is not in force.Authorization for individuals to export replica firearms

39. An individual may export a replica firearm if he or she declares the replica firearm to a customs officer in the prescribed manner.

The following provision is not in force.Authorization for individuals who hold a licence to import firearms

40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,

(a) the individual declares the firearm to a customs officer in the prescribed manner;

(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;

(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,

(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,

(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,

(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and

(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and

(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.

Non-compliance

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements.

Disposal of firearm

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

Importation of prohibited firearms

(4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38.

Prohibited firearm

(5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office.

Disposal

(6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.

The following provision is not in force.Temporary registration certificate

41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

The following provision is not in force.Notification of Registrar

42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.


Businesses

The following provision is not in force.Authorization for businesses to import or export

43. A business may export or import a firearm, prohibited weapon, restricted weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition only if the business holds an authorization to export or an authorization to import.

The following provision is not in force.Authorization to export

44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization

(a) in the case of a firearm, holds the registration certificate for the firearm;

(b) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the exportation;

(c) holds a licence authorizing it to possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;

(d) indicates the destination of those goods; and

(e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.

The following provision is not in force.Authorization to be produced

45. (1) A business that holds an authorization to export goods described in section 43 must produce the authorization to a customs officer at the time of the exportation.

Customs officer

(2) A customs officer may confirm an authorization to export.

Non-compliance

(3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 43.

Disposal

(4) A good that is detained under subsection (3) may be disposed of in the prescribed manner.

The following provision is not in force.Authorization to import

46. An authorization to import goods described in section 43 may be issued to a business only if the business that applies for such an authorization

(a) holds a licence authorizing it to acquire and possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;

(b) identifies those goods in the prescribed manner;

(c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation;

(d) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, specifies the prescribed purpose for the importation;

(e) indicates the destination in Canada of those goods; and

(f) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.

The following provision is not in force.Authorization to be produced

47. (1) A business that holds an authorization to import goods described in section 43 must produce the authorization at a customs office to a customs officer at the time of the importation.

Customs officer

(2) A customs officer may confirm an authorization to import.

Non-compliance

(3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 43 to be exported from that customs office, in which case the goods may be exported without any other authorization.

Disposal

(4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.

The following provision is not in force.Temporary registration certificate

48. An authorization to import a firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

The following provision is not in force.Separate authorization

49. Each exportation or importation of goods described in section 43 requires a separate authorization to export or authorization to import.

The following provision is not in force.Notification of Registrar

50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.

The following provision is not in force.Notification of Minister responsible for the Export and Import Permits Act

51. The Registrar shall inform the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import.

The following provision is not in force.Only at designated customs offices

52. No business shall export or import goods described in section 43 except at a customs office designated for that purpose by the Minister of Public Safety and Emergency Preparedness.

1995, c. 39, s. 52; 2005, c. 38, ss. 142, 145.

Previous VersionThe following provision is not in force.No in-transit shipments of prohibited firearms, weapons, devices and ammunition

53. No business shall import a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition that is to be shipped in transit through Canada and exported.


Licences, Registration Certificates And Authorizations

Applications

Applications

54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

To whom made

(2) An application for a licence, registration certificate or authorization must be made to

(a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or

(b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

Pre-commencement restricted firearms and handguns

(3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

(a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

(b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.

1995, c. 39, s. 54; 2003, c. 8, ss. 36, 56.

Previous VersionFurther information

55. (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.

Investigation

(2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse or common-law partner, former spouse or former common-law partner, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.

1995, c. 39, s. 55; 2000, c. 12, s. 118.


Issuance

Licences

56. (1) A chief firearms officer is responsible for issuing licences.

Only one licence per individual

(2) Only one licence may be issued to any one individual.

Separate licence for each location

(3) A business other than a carrier requires a separate licence for each place where the business is carried on.

Authorizations to carry or transport

57. A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport.

Conditions

58. (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.

Minors

(2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual.

Minors

(3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it.

Different registered owner

59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.

Registration certificates and authorizations to export or import

60. The Registrar is responsible for issuing registration certificates for firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.

Form

61. (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

Form of authorizations

(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

Condition attached to licence

(3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.

Businesses

(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.

1995, c. 39, s. 61; 2003, c. 8, s. 38.

Previous VersionNot transferable

62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

Geographical extent

63. (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

(2)�(Repealed, 2003, c. 8, s. 39)

Authorizations to carry

(3) Authorizations to carry are not valid outside the province in which they are issued.

1995, c. 39, s. 63; 2003, c. 8, s. 39.

Previous Version

Term

Term of licences

64. (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of

(a) five years after the birthday of the holder next following the day on which it is issued, and

(b) the expiration of the period for which it is expressed to be issued.

Extension of term

(1.1) Despite subsection (1), a chief firearms officer may, until January 1, 2005, with respect to any licence referred to in that subsection that is issued before December 31, 2001, extend the period for which the licence is expressed to be issued by an additional period of up to four years.

Minors

(2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of

(a) the day on which the holder attains the age of eighteen years, and

(b) the expiration of the period for which it is expressed to be issued.

Businesses

(3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of

(a) three years after the day on which it is issued, and

(b) the expiration of the period for which it is expressed to be issued.

Businesses that sell only ammunition

(4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of

(a) five years after the day on which it is issued, and

(b) the expiration of the period for which it is expressed to be issued.

(5) and (6) (Not in force)

Notice to holder

(7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence.

1995, c. 39, s. 64; 2003, c. 8, s. 40.

Previous VersionTerm of authorizations

65. (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.

Authorizations to transport

(2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of

(a) the expiration of the period for which the condition is expressed to be attached, and

(b) the expiration of the licence.

Authorizations to transport

(3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of

(a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and

(b) the expiration of the licence.

Authorizations to carry

(4) An authorization to carry expires

(a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of

(i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and

(ii) the expiration of the licence; and

(b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.

1995, c. 39, s. 65; 2003, c. 8, s. 41.

Previous VersionTerm of registration certificates

66. A registration certificate for a firearm expires where

(a) the holder of the registration certificate ceases to be the owner of the firearm; or

(b) the firearm ceases to be a firearm.

Renewal

67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the prescribed manner.

Restricted firearms and pre-December 1, 1998 handguns

(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.

Registrar

(3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

(a) give notice of that decision in the prescribed form to the individual; and

(b) inform the Registrar of that decision.

Relics

(4) Subsections (2) and (3) do not apply to a firearm

(a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir;

(b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir;

(c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and

(d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act.

Material to accompany notice

(5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.

1995, c. 39, s. 67; 2003, c. 8, ss. 42, 56.

Previous Version

Refusal to Issue and Revocation

Licences and authorizations

68. A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Registration certificates

69. The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Revocation of licence or authorization

70. (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,

(a) where the holder of the licence or authorization

(i) is no longer or never was eligible to hold the licence or authorization,

(ii) contravenes any condition attached to the licence or authorization, or

(iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or

(b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

Registrar

(2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

1995, c. 39, ss. 70, 137; 2003, c. 8, s. 43(E).

Previous VersionRevocation of registration certificate

71. (1) The Registrar

(a) may revoke a registration certificate for any good and sufficient reason; and

(b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

Automatic revocation of registration certificate

(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

1995, c. 39, s. 71; 2003, c. 8, s. 44.

Previous VersionNotice of refusal to issue or revocation

72. (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

When notice not required

(1.1) Notice under subsection (1) need not be given in any of the following circumstances:

(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or

(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

Material to accompany notice

(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Non-disclosure of information

(3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

Disposal of firearms

(4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Idem

(5) A notice given under subsection (1) in respect of a registration certificate must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code and section 112 of this Act do not apply to the applicant or holder.

Reference

(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

1995, c. 39, s. 72; 2003, c. 8, s. 45.

Previous Version73. (Repealed, 2003, c. 8, s. 46)

Previous Version

References to Provincial Court Judge

Reference to judge of refusal to issue or revocation, etc.

74. (1) Subject to subsection (2), where

(a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import,

(b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or

(c) a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act,

the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.

Limitation period

(2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

1995, c. 39, s. 74; 2003, c. 8, s. 47.

Previous VersionHearing of reference

75. (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify.

Evidence

(2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder.

Burden of proof

(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.

Where hearing may proceed ex parte

(4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

Decision by provincial court judge

76. On the hearing of a reference, the provincial court judge may, by order,

(a) confirm the decision of the chief firearms officer, Registrar or provincial minister;

(b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or

(c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.


Appeals to Superior Court and Court of Appeal

Nunavut

76.1 With respect to Nunavut, the following definitions apply for the purposes of sections 77 to 81.

“provincial court judge”

« juge »

“provincial court judge” means a judge of the Nunavut Court of Justice.

“superior court”

« cour supérieure »

“superior court” means a judge of the Court of Appeal of Nunavut.

1999, c. 3, s. 64.

Appeal to superior court

77. (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order.

Appeal by Attorney General

(2) Subject to section 78, where a provincial court judge makes an order under paragraph 76(b) or (c),

(a) the Attorney General of Canada may appeal to the superior court against the order, if the order is directed to a chief firearms officer who was designated by the federal Minister, to the Registrar or to the federal Minister; or

(b) the attorney general of the province may appeal to the superior court against the order, in the case of any other order made under paragraph 76(b) or (c).

Notice of appeal

78. (1) An appellant who proposes to appeal an order made under section 76 to the superior court must give notice of appeal not later than thirty days after the order is made.

Extension of time

(2) The superior court may, either before or after the expiration of those thirty days, extend the time within which notice of appeal may be given.

Contents of notice

(3) A notice of appeal must set out the grounds of appeal, together with such further material as the superior court may require.

Service of notice

(4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on

(a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 76(a) confirming a decision of a chief firearms officer who was designated by the federal Minister, of the Registrar or of the federal Minister;

(b) the attorney general of the province, in the case of an appeal against any other order made under paragraph 76(a);

(c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and

(d) any other person specified by the superior court.

Disposition of appeal

79. (1) On the hearing of an appeal, the superior court may

(a) dismiss the appeal; or

(b) allow the appeal and, in the case of an appeal against an order made under paragraph 76(a),

(i) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range, or

(ii) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Burden on applicant

(2) A superior court shall dispose of an appeal against an order made under paragraph 76(a) by dismissing it, unless the appellant establishes to the satisfaction of the court that a disposition referred to in paragraph (1)(b) is justified.

Appeal to court of appeal

80. An appeal to the court of appeal may, with leave of that court or of a judge of that court, be taken against a decision of a superior court under section 79 on any ground that involves a question of law alone.

Application of Part XXVII of the Criminal Code

81. Part XXVII of the Criminal Code, except sections 785 to 812, 816 to 819 and 829 to 838, applies in respect of an appeal under this Act, with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.


Commissioner Of Firearms

Appointment

81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix.

2003, c. 8, s. 48.

Duties, functions and powers

81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister.

2003, c. 8, s. 48.

Delegation — federal Minister

81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3).

2003, c. 8, s. 48.

Incapacity or vacancy

81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council.

2003, c. 8, s. 48.

Superannuation and compensation

81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.

2003, c. 8, s. 48.


Canadian Firearms Registration System

Registrar of Firearms

Registrar of Firearms

82. An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act.

1995, c. 39, s. 82; 2003, c. 8, s. 49.

Previous VersionIncapacity or vacancy

82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar.

2003, c. 8, s. 49.


Records of the Registrar

Canadian Firearms Registry

83. (1) The Registrar shall establish and maintain a registry, to be known as the Canadian Firearms Registry, in which shall be kept a record of

(a) every licence, registration certificate and authorization that is issued or revoked by the Registrar;

(b) every application for a licence, registration certificate or authorization that is refused by the Registrar;

(c) every transfer of a firearm of which the Registrar is informed under section 26 or 27;

(d) every exportation from or importation into Canada of a firearm of which the Registrar is informed under section 42 or 50;

(e) every loss, finding, theft or destruction of a firearm of which the Registrar is informed under section 88; and

(f) such other matters as may be prescribed.

Operation

(2) The Registrar is responsible for the day-to-day operation of the Canadian Firearms Registry.

Destruction of records

84. The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed.

Other records of Registrar

85. (1) The Registrar shall establish and maintain a record of

(a) firearms acquired or possessed by the following persons and used by them in the course of their duties or for the purposes of their employment, namely,

(i) peace officers,

(ii) persons training to become police officers or peace officers under the control and supervision of

(A) a police force, or

(B) a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

(iii) persons or members of a class of persons employed in the federal public administration or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and

(iv) chief firearms officers and firearms officers; and

(b) firearms acquired or possessed by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province.

Reporting of acquisitions and transfers

(2) A person referred to in subsection (1) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer.

Destruction of records

(3) The Registrar may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed.

1995, c. 39, s. 85; 2003, c. 22, s. 224(E).

Previous VersionRecords to be transferred

86. The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.


Records of Chief Firearms Officers

Records of chief firearms officers

87. (1) A chief firearms officer shall keep a record of

(a) every licence and authorization that is issued or revoked by the chief firearms officer;

(b) every application for a licence or authorization that is refused by the chief firearms officer;

(c) every prohibition order of which the chief firearms officer is informed under section 89; and

(d) such other matters as may be prescribed.

Destruction of records

(2) A chief firearms officer may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed.

Reporting of loss, finding, theft and destruction of firearms

88. A chief firearms officer to whom the loss, finding, theft or destruction of a firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.


Reporting of Prohibition Orders

Reporting of prohibition orders

89. Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.


Access to Records

Right of access

90. The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.


Electronic Filing

Electronic filing

91. (1) Subject to the regulations, notices and documents that are sent to or issued by the Registrar pursuant to this or any other Act of Parliament may be sent or issued in electronic or other form in any manner specified by the Registrar.

Time of receipt

(2) For the purposes of this Act and Part III of the Criminal Code, a notice or document that is sent or issued in accordance with subsection (1) is deemed to have been received at the time and date provided by the regulations.

Records of Registrar

92. (1) Records required by section 83 or 85 to be kept by the Registrar may

(a) be in bound or loose-leaf form or in photographic film form; or

(b) be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written or printed form within a reasonable time.

Storage of documents or information in electronic or other form

(2) Subject to the regulations, a document or information received by the Registrar under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible written or printed form within a reasonable time.

Probative value

(3) Where the Registrar maintains a record of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same probative value as the document would have had if it had been proved in the ordinary way.


Reports

Report to federal Minister

93. (1) The Commissioner shall, as soon as possible after the end of each calendar year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act.

Report to be laid before Parliament

(2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it.

1995, c. 39, s. 93; 2003, c. 8, s. 50.

Previous VersionInformation to be submitted to Commissioner

94. A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93.

1995, c. 39, s. 94; 2003, c. 8, s. 50.

Previous Version

General

Agreements with Provinces

Agreements with provinces

95. The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces

(a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and

(b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.


Other Matters

Other obligations not affected

96. The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.

Exemptions — Governor in Council

97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

Exemptions — federal Minister

(2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

Exemptions — provincial minister

(3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

Public safety

(4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

Conditions

(5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

1995, c. 39, s. 97; 2001, c. 41, s. 96.


Delegation

Authorized chief firearms officer may perform functions of provincial minister

98. A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.

Designated officers may perform functions of chief firearms officers

99. A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation.

1995, c. 39, s. 99; 2003, c. 8, s. 52.

Previous VersionDesignated officers may perform functions of Registrar

100. A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.


Inspection

Definition of “inspector”

101. In sections 102 to 105, “inspector” means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.

Inspection

102. (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may

(a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply;

(b) examine any firearm and examine any other thing that the inspector finds and take samples of it;

(c) conduct any tests or analyses or take any measurements; and

(d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations.

Operation of data processing systems and copying equipment

(2) In carrying out an inspection of a place under subsection (1), an inspector may

(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

Use of force

(3) In carrying out an inspection of a place under subsection (1), an inspector may not use force.

Receipt for things taken

(4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm.

Definition of “business”

(5) For greater certainty, in this section, “business” has the meaning assigned by subsection 2(1).

Duty to assist inspectors

103. The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall

(a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and

(b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.

Inspection of dwelling-house

104. (1) An inspector may not enter a dwelling-house under section 102 except

(a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and

(b) with the consent of the occupant or under a warrant.

Authority to issue warrant

(2) A justice who on ex parte application is satisfied by information on oath

(a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused

may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.

Areas that may be inspected

(3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only

(a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and

(b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.

1995, c. 39, s. 104; 2003, c. 8, s. 53(F).

Previous VersionDemand to produce firearm

105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that the person is the holder of the registration certificate for the firearm.


Offences

False statements to procure licences, etc.

106. (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization.

False statements to procure customs confirmations

(2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the document.

Definition of “statement”

(3) In this section, “statement” means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

Tampering with licences, etc.

107. Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies

(a) a licence, registration certificate or authorization; or

(b) a confirmation by a customs officer of a document under this Act.

Unauthorized possession of ammunition

108. Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.

Punishment

109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Contravention of conditions of licences, etc.

110. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.

Punishment

111. Every person who commits an offence under section 110 or who does not comply with section 103

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

Failure to register certain firearms

112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm.

Exceptions

(2) Subsection (1) does not apply to

(a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it;

(b) a person who comes into possession of a firearm by operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it or obtains a registration certificate for it; or

(c) a person who possesses a firearm and who is not the holder of a registration certificate for the firearm if the person

(i) has borrowed the firearm,

(ii) is the holder of a licence under which the person may possess it, and

(iii) is in possession of the firearm to hunt or trap in order to sustain himself or herself or his or her family.

Transitional

(3) Every person who, at any particular time between the commencement day and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is neither a prohibited firearm nor a restricted firearm is deemed for the purposes of subsection (1) to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for the firearm.

Onus on the defendant

(4) Where, in any proceedings for an offence under this section, any question arises as to whether a person is the holder of a registration certificate, the onus is on the defendant to prove that the person is the holder of the registration certificate.

Non-compliance with demand to produce firearm

113. Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105.

Failure to deliver up revoked licence, etc.

114. Every person commits an offence who, being the holder of a licence, registration certificate or authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.

Punishment

115. Every person who commits an offence under section 112, 113 or 114 is guilty of an offence punishable on summary conviction.

Attorney General of Canada may act

116. Any proceedings in respect of an offence under this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.


Regulations

Regulations

117. The Governor in Council may make regulations

(a) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;

(a.1) deeming permits to export goods, or classes of permits to export goods, that are issued under the Export and Import Permits Act to be authorizations to export for the purposes of this Act;

(b) regulating the revocation of licences, registration certificates and authorizations;

(c) prescribing the circumstances in which an individual does or does not need firearms

(i) to protect the life of that individual or of other individuals, or

(ii) for use in connection with his or her lawful profession or occupation;

(d) regulating the use of firearms in target practice or target shooting competitions;

(e) regulating

(i) the establishment and operation of shooting clubs and shooting ranges,

(ii) the activities that may be carried on at shooting clubs and shooting ranges,

(iii) the possession and use of firearms at shooting clubs and shooting ranges, and

(iv) the keeping and destruction of records in relation to shooting clubs and shooting ranges and members of those clubs and ranges;

(f) regulating the establishment and maintenance of gun collections and the acquisition and disposal or disposition of firearms that form part or are to form part of a gun collection;

(g) regulating the operation of gun shows, the activities that may be carried on at gun shows and the possession and use of firearms at gun shows;

(h) regulating the storage, handling, transportation, shipping, display, advertising and mail-order sale of firearms and restricted weapons and defining the expression “mail-order sale” for the purposes of this Act;

(i) regulating the storage, handling, transportation, shipping, possession for a prescribed purpose, transfer, exportation or importation of

(i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition, or

(ii) components or parts of prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

(j) regulating the possession and use of restricted weapons;

(k) for authorizing

(i) the possession at any place, or

(ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration,

of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

(k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

(k.2) respecting the markin of firearms manufactured in Canada or imported into Canada and the removal, alteration, obliteration and defacing of those markings;

(k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(d), the confirmation of declarations for the purposes of paragraph 35.1(2)(d) and the confirmation of authorizations to import for the purposes of paragraph 40(2)(e);

(l) regulating the storage, handling, transportation, shipping, acquisition, possession, transfer, exportation, importation, use and disposal or disposition of firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and explosive substances

(i) by the following persons in the course of their duties or for the purposes of their employment, namely,

(A) peace officers,

(B) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

(C) persons or members of a class of persons employed in the federal public administration or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and

(D) chief firearms officers and firearms officers, and

(ii) by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province;

(m) regulating the keeping and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

(n) regulating the keeping and destruction of records by businesses in relation to ammunition;

(o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n);

(p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, registration certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act;

(q) waiving or reducing the fees payable under paragraph (p) in such circumstances as may be specified in the regulations;

(r) prescribing the charges that are to be paid to Her Majesty in right of Canada in respect of costs incurred by Her Majesty in right of Canada in storing goods that are detained by customs officers or in disposing of goods;

(s) respecting the operation of the Canadian Firearms Registry;

(t) regulating the sending or issuance of notices and documents in electronic or other form, including

(i) the notices and documents that may be sent or issued in electronic or other form,

(ii) the persons or classes of persons by whom they may be sent or issued,

(iii) their signature in electronic or other form or their execution, adoption or authorization in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as their signature, and

(iv) the time and date when they are deemed to be received;

(u) respecting the manner in which any provision of this Act or the regulations applies to any ofhe aboriginal peoples of Canada, and adapting any such provision for the purposes of that application;

(v) repealing

(i) section 4 of the Cartridge Magazine Control Regulations, made by Order in Council P.C. 1992-1660 of July 16, 1992 and registered as SOR/92-460, and the heading before it,

(ii) the Designated Areas Firearms Order, C.R.C., chapter 430,

(iii) section 4 of the Firearms Acquisition Certificate Regulations, made by Order in Council P.C. 1992-1663 of July 16, 1992 and registered as SOR/92-461, and the heading before it,

(iv) section 7 of the Genuine Gun Collector Regulations, made by Order in Council P.C. 1992-1661 of July 16, 1992 and registered as SOR/92-435, and the heading before it,

(v) sections 8 and 13 of the Prohibited Weapons Control Regulations, made by Order in Council P.C. 1991-1925 of October 3, 1991 and registered as SOR/91-572, and the headings before them,

(vi) the Restricted Weapon Registration Certificate for Classes of Persons other than Individuals Regulations, made by Order in Council P.C. 1993-766 of April 20, 1993 and registered as SOR/93-200, and

(vii) sections 7, 15 and 17 of the Restricted Weapons and Firearms Control Regulations, made by Order in Council P.C. 1978-2572 of August 16, 1978 and registered as SOR/78-670, and the headings before them; and

(w) prescribing anything that by any provision of this Act is to be prescribed by regulation.

1995, c. 39, s. 117; 2003, c. 8, s. 54, c. 22, s. 224(E).

Previous VersionLaying of proposed regulations

118. (1) Subject to subsection (2), the federal Minister shall have each proposed regulation laid before each House of Parliament.

Idem

(2) Where a proposed regulation is laid pursuant to subsection (1), it shall be laid before each House of Parliament on the same day.

Report by committee

(3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

Making of regulations

(4) A proposed regulation that has been laid pursuant to subsection (1) may be made

(a) on the expiration of thirty sitting days after it was laid; or

(b) where, with respect to each House of Parliament,

(i) the committee reports to the House, or

(ii) the committee decides not to conduct inquiries or public hearings.

Definition of “sitting day”

(5) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.

Exception

119. (1) No proposed regulation that has been laid pursuant to section 118 need again be laid under that section, whether or not it has been altered.

Exception — minor changes

(2) A regulation made under section 117 may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 118 should not be applicable in the circumstances.

Exception — urgency

(3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances.

Notice of opinion

(4) Where the federal Minister forms the opinion described in subsection (2) or (3), he or she shall have a statement of the reasons why he or she formed that opinion laid before each House of Parliament.

Exception — prescribed dates

(5) A regulation may be made under paragraph 117(w) prescribing a date for the purposes of the application of any provision of this Act without being laid before either House of Parliament.

Part III of the Criminal Code

(6) For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament.


Transitional Provisions

Licences

Firearms acquisition certificates

120. (1) A firearms acquisition certificate is deemed to be a licence if it

(a) was issued under section 106 or 107 of the former Act;

(b) had not been revoked before the commencement day; and

(c) was valid pursuant to subsection 106(11) of the former Act, or pursuant to that subsection as applied by subsection 107(1) of the former Act, on the commencement day.

Authorizations

(2) A firearms acquisition certificate that is deemed to be a licence authorizes the holder

(a) to acquire and possess any firearms other than prohibited firearms that are acquired by the holder on or after the commencement day and before the expiration or revocation of the firearms acquisition certificate;

(b) in the case of an individual referred to in subsection 12(2), (3), (4), (5), (6) or (8), to acquire and possess any prohibited firearms referred to in that subsection that are acquired by the holder on or after the commencement day; and

(c) in the case of a particular individual who is eligible under subsection 12(7) to hold a licence authorizing the particular individual to possess a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) in the circumstances described in subsection 12(7), to acquire and possess such a handgun in those circumstances, if the particular handgun is acquired by the particular individual on or after the commencement day.

Expiration

(3) A firearms acquisition certificate that is deemed to be a licence expires on the earlier of

(a) five years after the day on which it was issued, and

(b) the issuance of a licence to the holder of the firearms acquisition certificate.

Lost, stolen and destroyed firearms acquisition certificates

(4) Where a firearms acquisition certificate that is deemed to be a licence is lost, stolen or destroyed before its expiration under subsection (3), a person who has authority under this Act to issue a licence may issue a replacement firearms acquisition certificate that has the same effect as the one that was lost, stolen or destroyed.

1995, c. 39, s. 120; 2003, c. 8, s. 56.

Previous VersionMinors’ permits

121. (1) A permit is deemed to be a licence if it

(a) was issued under subsection 110(6) or (7) of the former Act to a person who was under the age of eighteen years;

(b) had not been revoked before the commencement day; and

(c) remained in force pursuant to subsection 110(8) of the former Act on the commencement day.

Authorizations

(2) A permit that is deemed to be a licence authorizes the holder to possess firearms that are neither prohibited firearms nor restricted firearms.

Geographical extent

(3) A permit that is deemed to be a licence is valid only in the province in which it was issued, unless the permit was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

Expiration

(4) A permit that is deemed to be a licence expires on the earliest of

(a) the expiration of the period for which it was expressed to be issued,

(b) the day on which the person to whom it was issued attains the age of eighteen years, and

(c) five years after the birthday of the person next following the day on which it was issued, if that fifth anniversary occurs on or after the commencement day.

Museum approvals

122. (1) An approval of a museum, other than a museum established by the Chief of the Defence Staff, is deemed to be a licence if the approval

(a) was granted under subsection 105(1) of the former Act; and

(b) had not been revoked before the commencement day.

Expiration

(2) An approval of a museum that is deemed to be a licence expires on the earlier of

(a) the expiration of the period for which the approval was expressed to be granted, and

(b) three years after the commencement day.

Permits to carry on business

123. (1) A permit to carry on a business described in paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(i) of the former Act is deemed to be a licence if it

(a) was

(i) issued under subsection 110(5) of the former Act, or

(ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

(b) had not been revoked before the commencement day;

(c) had not ceased to be in force or have any effect on October 30, 1992 under section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, chapter 40 of the Statutes of Canada, 1991; and

(d) remained in force pursuant to subsection 110(5) of the former Act on the commencement day.

Expiration

(2) A permit that is deemed to be a licence expires on the earlier of

(a) the expiration of the period for which the permit was expressed to be issued, and

(b) one year after the commencement day.

Geographical extent

124. A permit or an approval of a museum that is deemed to be a licence under section 122 or 123 is valid only for the location of the business or museum for which it was issued.

Industrial purpose designations

125. (1) A designation of a person is deemed to be a licence if it

(a) was made under subsection 90(3.1) or paragraph 95(3)(b) of the former Act; and

(b) had not been revoked before the commencement day.

Geographical extent

(2) A designation of a person that is deemed to be a licence is valid only in the province in which it was made.

Expiration

(3) A designation of a person that is deemed to be a licence expires on the earliest of

(a) the expiration of the period for which it was expressed to be made,

(b) one year after the commencement day, and

(c) in the case of a designation of a person who holds a permit that is deemed to be a licence under section 123, the expiration of the permit.

Pending applications

126. Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 120 to 125 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that

(a) a licence shall be issued instead of issuing a firearms acquisition certificate or a permit or making an approval or designation; and

(b) only a person who has authority under this Act to issue a licence may finally dispose of the application.


Registration Certificates

Registration certificates

127. (1) A registration certificate is deemed to be a registration certificate issued under section 60 if it

(a) was

(i) issued under subsection 109(7) of the former Act, or

(ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(2) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; and

(b) had not been revoked before the commencement day.

Expiration

(2) A registration certificate that is deemed to be a registration certificate issued under section 60 expires on the earlier of

(a) its expiration under section 66, and

(b) December 31, 2002, or such other date as is prescribed.

Pending applications

128. Every application for a registration certificate that was pending on the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that only a person who has authority under this Act to issue a registration certificate may finally dispose of the application.


Authorized Transportation of Firearms

Permit to carry

129. (1) A permit authorizing a person to possess a particular prohibited firearm or restricted firearm is deemed to be an authorization to carry or authorization to transport if it

(a) was

(i) issued under subsection 110(1) of the former Act, or

(ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

(b) had not been revoked before the commencement day; and

(c) remained in force pursuant to subsection 110(1) of the former Act on the commencement day.

Geographical extent

(2) A permit that is deemed to be an authorization to carry or authorization to transport is valid only in the province in which the permit was issued, unless it was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

Expiration

(3) A permit that is deemed to be an authorization to carry or authorization to transport expires on the earlier of

(a) the expiration of the period for which it was expressed to be issued, and

(b) two years after the commencement day.

Temporary permit to carry

130. A permit authorizing a person who does not reside in Canada to possess and carry a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it

(a) was issued under subsection 110(2.1) of the former Act;

(b) had not been revoked before the commencement day; and

(c) remained in force pursuant to that subsection on the commencement day.

Permit to transport or convey

131. A permit authorizing a person to transport or to convey to a local registrar of firearms a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it

(a) was

(i) issued under subsection 110(3) or (4) of the former Act, or

(ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

(b) had not been revoked before the commencement day; and

(c) remained in force pursuant to subsection 110(3) or (4) of the former Act on the commencement day.

Expiration

132. A permit that is deemed to be an authorization to transport under section 130 or 131 expires on the expiration of the period for which the permit was expressed to be issued.

Pending applications

133. Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 129 to 131 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that

(a) an authorization to carry or authorization to transport shall be issued or a condition shall be attached to a licence instead of issuing a permit; and

(b) only a person who has authority under this Act to issue an authorization to carry or authorization to transport may finally dispose of the application.

Shooting club approvals

134. (1) An approval of a shooting club is deemed to be an approval granted under this Act if the approval

(a) was granted under subparagraph 109(3)(c)(iii) or paragraph 110(2)(c) of the former Act; and

(b) had not been revoked before the commencement day.

Expiration

(2) An approval of a shooting club that is deemed to be an approval granted under this Act expires on the earlier of

(a) the expiration of the period for which it was expressed to be granted, and

(b) one year after the commencement day.

Temporary storage permit

135. Every permit authorizing a person to temporarily store a particular prohibited firearm or restricted firearm

(a) that was issued under subsection 110(3.1) of the former Act,

(b) that had not been revoked before the commencement day, and

(c) that remained in force pursuant to subsection 110(3.3) of the former Act on the commencement day

continues in force until the expiration of the period for which it was expressed to be issued, unless the permit is revoked by a chief firearms officer for any good and sufficient reason.


Conditional Amendments To This Act

136. and 137. (Amendments)


Amendments To The Criminal Code

138. and 139. (Amendments)


Related And Consequential Amendments To The Criminal Code

140. to 157. (Amendments)


Related And Consequential Amendments To Other Acts

158. to 168. (Amendments)

169. (Repealed, 2003, c. 8, s. 55)

170. to 187. (Amendments)


Conditional Amendments

188. to 192. (Amendments)


Coming Into Force

Coming into force

Coming into force if no order made

(2) If no order bringing this Act or any of its provisions or any provision of any other Act enacted or amended by this Act is made before January 1, 2003, this Act, other than sections 136, 137 and 174, comes into force on that date.


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