Firearms Acquisirion Cernpcates Consideration of application and issuance of firearms acquisition certificate - Appearance and photograph - Exception for renewal - Where no certificate may be issued - Coming in force of para. 2(c) - Deemed notice - Notice to be given - Material to accompany notice - Reference to provincial court judge - Application for firearms acquisition certificate - No civil liability - Further information - investigation - Limitation - Form of and form for certificate - Exception - Validity of certificate - Refusal to issue - Reference to provincial court judge - Fixing date for hearing and notice - Burden of proof - Hearing of reference and disposition - Appeal to appeal court in certain cases - Definition of "appeal court". 106.(1) Where a firearms officer who has received an application for a firearms acquisition certificate and the fee prescribed by regulation does not, after considering the information contained in the application, any further information that is submitted to the firearms officer pursuant to a requirement under subsection (9) and such other information as may reasonably be regarded as relevant to the application, have notice of any matter that may render it desirable in the interests of the safety of the applicant or of any other person that the applicant should not acquire a firearm, the firearms officer shall, subject to subsection (2), and after at least twenty-eight days have elapsed since the application was received, issue a firearms acquisition certificate to the applicant (1.1) For greater certainty, an application for a firearms acquisition certificate need not be submitted in person, but the firearms officer who receives the application may require that the applicant appear in person before the firearms acquisition certificate is issued and the firearms officer must be satisfied that any photograph of the applicant that is to be attached to the firearms acquisition certificate is a current photograph of the applicant sufficient to accurately identify the applicant (1.2) Notwithstanding subsection (1), where an applicant for a firearms acquisition certificate holds a valid firearms acquisition certificate at the time of applying for a new firearms acquisition certificate (a) the firearms officer may issue the new firearms acquisition certificate before the twenty-eight days referred to in subsection (1) have elapsed; and (b) the fee prescribed by regulation for the new firearms acquisition certificate shall be reduced by one-half (2) No firearms acquisition certificate may be issued to a person who (a) is under the age of eighteen years; (b) is prohibited by an order made pursuant to section 100 or 103 or by a condition of a probation order referred to in paragraph 737(2)(d) from having a firearm in his possession; or (c) fails to produce evidence in conjunction with his application for a firearms acquisition certificate that he has (i) completed a course in the safe handling and use of firearms, or (ii) successfully completed a test relaiing to the safe handling and use of firearms that, at the time he completed the course or test, was approved for the purposes of this section by the Attorney General of the province in which he took the course or test. [1991. c. 40, s. 19(3) will repeal paragraph 106(2)(c) and substitute the following.] (c) subject to subsection (2.2), fails to produce evidence in conjunction with an application for a firearms acquisition certificate that the person has, at any time prior to the application, (i) successfully completed a course in, or a test relating to, the safe handling and use of and the laws relating to firearms, that was approved for the purposes of this section by the Attorney General of the province in which the course or test is administered, or (ii) been certified by a firearms officer, in circumstances prescribed by regulation, as meeting the criteria of competence in the safe handling and use of firearms and the laws relating to Firearms prescribed by regulation. [1991, c. 4O, s. 19(4) will amend section 106 by adding the following immediately after subsection 106(2).] Notice - Where probition order. (2.1) Where a firearms officer certiftes that an applicant is competent for the purposes of subparagraph 1O6(i)(c)(ii), the Firearms officer shall immediately so inform the chief provincial firearms officer in writing and shall give reasons for the certification. (2.2) In the case of an applicant who has been the subject of an order under subsection 100(1), (2) or (7). the applicant shall produce evidence that the applicant successfully completed both the course and the test referred to in subparagraph (2)(c)(i) after the expiration of the order. (3) Paragraph (2)(c) shall come into force in any province only on a day fixed in a proclamation declaring that paragraph to be in force in that province. (4) A firearms officer shall be deemed to have notice of a matter that may render it desirable in the interests of the safety of an applicant for a firearms acquisition certificate or of any other person that the applicant should not acquire a firearm and a provincial court judge, on a reference pursuant to subsection (7), is entitled to confirm the opinion of a firearms officer that it is not desirable in the interests of the safety of the applicant or of any other person that the applicant should acquire a firearm, where it is made to appear to the judge that (a) the applicant has heen convicted within five years immediately preceding the date of the application, in proceedings on indictment, of (i) an offence in the commission of which violence against another person was used, threatened or attempted, or (ii) an offence under this Part; (b) the applicant, within five years immediately preceding the date of the application, has heen treated for a mental disorder, whether in a hospital, mental institute or psychiatric clinic or otherwise and whether or not the applicant was, during that period, confined to such a hospital, institute or clinic, where the disorder was associated with violence or threatened or attempted violence on the part of the applicant against any person; (c) the applicant has a history of hehaviour occurring within five years immediately preceding the date of the application, that included violence or threatened or attempted violence on the part of the applicant against any person; or (d) there is another good and sufficient reason for confirming the opinion (5) Where a firearms officer who has received an application for a firearms acquisition certificate has notice of any matter that may render it desirable in the interests of the safety of the applicant or of any other person that the applicant should not acquire a firearm, the firearms officer shall notify the applicant in writing that, in the opinion ofthe firearms officer, it is not desirable in the interests of the safety of the applicant or of any other person that the applicant acquire a firearm and of the reasons therefor, and that, unless within thirty days after the day on which the notice is received by the applicant or within such further time as is, before or after the expiration of that period, allowed by a provincial court judge, the applicant, in writing, requests the firearms officer to refer the opinion to a provincial court judge for confirmation or variation thereof, the applicant for the firearms acquisition certificate will be refused (6) A notice given hy a firearms officer under this section shall he accompanied hy a copy or an extract of the provisions of this section and of suhseptions 100(5) to (13) (7) On receipt hy a firearms officer, within the time provided in subseption (5) of a request in writing to refer his opinion referred to in that subsection to a provincial court judge for confirmation or variation thereof, the firearms offiper shall forthwith comply with that request (8) An application for a firearms acquisition certifcate shall he made to a firearms officer in a form prescribed by the Commissioner and shall he accompanied by the names of two persons who belong to a class of persons prescribed by regulation who have known the applicant for at least three years and who can confirm that the information on the application, and any further information submitted pursuant to subsection (9), is true (8.1) No person who is referred to in subsection (8) incurs any civil liability by reason of any action taken by that person in connection with the person's name having accompanied an appliation for a firearms acquisition certificate (9) A firearms officer who has received an application for a firearms acquisition certificate may require the applicant to submit such further information in addition to that included in the application as may reasonably he regarded as relevant for the purpose of determining whether there is any matter that might render it dangerous for the safety of the applicant or of any other person if the applicant acquired a firearm (9.1) Without restricting the scope of the inquiries a firearms officer may make under subsection (1), a firearms officer who has received an application for a firearms acquisition certificate may conduct an investigation which may consist of interviews with the applicant's neighbours, community/social workers, spouse, dependents, or whomever in the opinion of the firearms officer may provide information pertaining to whether the applicant has a history of violent behaviour, including violence in the home (10) No local registrar of firearms, firearms officer or other person shall require as information, to be submitted by an applicant for a firearms acquisition certificate or permit, details concerning the makes or serial numbers of shotguns or rifles of a type, kind or design commonly used in Canada for hunting or sporting purposes (11) The firearms acquisition certificate shall be in a form prescribed by the Commissioner, shall, except where the Commissioner deems that to do so would be inappropriate, have a photograph of the holder attached to it, and shall he valid for five years after the day on which it is issued, unless it is revoked before that time (12) Notwithstanding subsection (11), no fee is payable in respect of a firearms acquisition certificate that is issued to a person who requires a firearm to hunt or trap in order to sustain himself or his family (13) A firearms acquisition certificate is valid throughout Canada (14) Where a firearms officer refuses to issue a firearms acquisition certificate, the firearms officer shall notify the applicant in writing ofthe refusal and the reasons for it and include in the notification a copy of this subsection and subsections (15) to (20) (15) Where a firearms officer refuses to issue a firearms acquisition certificate, the applicant may, within thirty days after being notified of the refusal or within such further time as is, before or after the expiration of that period, allowed by a provincial court judge, request, in writing, the firearms officer to refer the matter to a provincial court judge having jurisdiction in the territorial division in which the applicant resides. (16) On a reference by a firearms officer pursuant to subsection (15), 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 applicant and to the firearms officer, in such manner as the provincial court judge may specify. (17) In a hearing under suhsection ( 16), the burden of proof is on the applicant for the firearms acquisition certificate to satisfy the provincial court judge that the refusal to issue the firearms acquisition certificate was not justified (18) Where, at the conclusion of a hearing under suhsection (16), the applicant has satisfied the provincial court judge that the refusal to issue the firearms acquisition certificate was not justified, the provincial court judge shall, by order, direct the firearms officer to issue to the applicant a firearms acquisition certificate and the firearms officer shall immediately comply with the order (19) Where a provincial court judge makes an order pursuant to subsection (18), the firearms officer may appeal to the appeal court against the order, and the provisions of Part XXVII except sections 816 and 819 and 829 to 838 apply, with such modifications as the circumstances require, in respect of the appeal (20) in this section, "appeal court" has the meaning given that expression in subsection 100(11). R.S. 1985, c. 27 (1st Supp.), s. 203; 1991, c. 4O, s. 19(1), (2), (5)-(8).