Last updated: 
3 March 1996

If you find any typos, please send e-mail to ab133@sfn.saskatoon.sk.ca 


EXCERPTS FROM THE CRIMINAL CODE OF CANADA
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2. In this Act, "dwelling-house" means the whole or any part of a
building or structure that is kept or occupied as a permanent or
temporary residence, and includes

(a) a building within the curtilage of a dwelling-house that is
connected to it by a doorway or by a covered and enclosed passage-way,
and

(b) a unit that is designed to be mobile and to be used as a permanent
or temporary residence and that is being used as such a residence;

"every one", "person", "owner", and similar expressions include Her
Majesty and public bodies, bodies corporate, societies, companies and
inhabitants of counties, parishes, municipalities or other districts in
relation to the acts and things that they are capable of doing and
owning respectively;

"weapon" means

(a) anything used, designed to be used or intended for use in causing
death or injury to any person, or

(b) anything used, designed to be used or intended for use for the
purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes any
firearm as defined in subsection 84(1);


25. (1) Every one who is required or authorized by law to do anything
in the administration or enforcement of the law

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is
required or authorized to do and in using as much force as is
necessary for that purpose.

(2) Where a person is required or authorized by law to execute a
process or to carry out a sentence, that person or any person who
assists him is, if that person acts in good faith, justified in
executing the process or in carrying out the sentence notwithstanding
that the process or sentence is defective or that it was issued or
imposed without jurisdiction or in excess of jurisdiction.

(3) Subject to subsections (4) and (5), a person is not justified for
the purposes of subsection (1) in using force that is intended or is
likely to cause death or grievous bodily harm unless the person
believes on reasonable grounds that it is necessary for the
self-preservation of the person or the preservation of any one under
that person's protection from death or grievous bodily harm.

(4) A peace officer, and every person lawfully assisting the peace
officer, is justified in using force that is intended or is likely to
cause death or grievous bodily harm to a person to be arrested, if

(a) the peace officer is proceeding lawfully to arrest, with or without
warrant, the person to be arrested;

(b) the offence for which the person is to be arrested is one for which
that person may be arrested without warrant;

(c) the person to be arrested takes flight to avoid arrest;

(d) the peace officer or other person using the force believes on
reasonable grounds that the force is necessary for the purpose of
protecting the peace officer, the person lawfully assisting the peace
officer or any other person from imminent or future death or grievous
bodily harm; and

(e) the flight cannot be prevented by reasonable means in a less
violent manner.

(5) A peace officer is justified in using force that is intended or is
likely to cause death or grievous bodily harm against an inmate who
is escaping from a penitentiary within the meaning of subsection 2(1)
of the Corrections and Conditional Release Act, if

(a) the peace officer believes on reasonable grounds that any of the
inmates of the penitentiary poses a threat of death or grievous bodily
harm to the peace officer or any other person; and

(b) the escape cannot be prevented by reasonable means in a less
violent manner.


26. Every one who is authorized by law to use force is criminally
responsible for any excess thereof according to the nature and
quality of the act that constitutes the excess.


27. Every one is justified in using as much force as is reasonably
necessary

(a) to prevent the commission of an offence

(i) for which, if it were committed, the person who committed it might
be arrested without warrant, and

(ii) that would be likely to cause immediate and serious injury to the
person or property of anyone; or

(b) to prevent anything being done that, on reasonable grounds, he
believes would, if it were done, be an offence mentioned in
paragraph (a).


28. (1) Where a person who is authorized to execute a warrant to
arrest believes, in good faith and on reasonable grounds, that the
person whom he arrests is the person named in the warrant, he is
protected from criminal responsibility in respect thereof to the same
extent as if that person were the person named in the warrant.

(2) Where a person is authorized to execute a warrant to arrest,

(a) every one who, being called on to assist him, believes that the
person in whose arrest he is called on to assist is the person
named in the warrant, and

(b) every keeper of a prison who is required to receive and detain a
person who he believes has been arrested under the warrant,

is protected from criminal responsibility in respect thereof to the
same extent as if that person were the person named in the warrant.


29. (1) It is the duty of every one who executes a process or
warrant to have it with him, where it is feasible to do so, and to
produce it when requested to do so.

(2) It is the duty of every one who arrests a person, whether with or
without a warrant, to give notice to that person, where it is feasible
to do so, of

(a) the process or warrant under which he makes the arrest; or

(b) the reason for the arrest.

(3) Failure to comply with subsection (1) or (2) does not of itself
deprive a person who executes a process or warrant, or a person
who makes an arrest, or those who assist them, of protection from
criminal responsibility.


30. Every one who witnesses a breach of the peace is justified in
interfering to prevent the continuance or renewal thereof and may
detain any person who commits or is about to join in or to renew the
breach of the peace, for the purpose of giving him into the custody
of a peace officer, if he uses no more force than is reasonably
necessary to prevent the continuance or renewal of the breach of
the peace or than is reasonably proportioned to the danger to be
apprehended from the continuance or renewal of the breach of the
peace.


31. (1) Every peace officer who witnesses a breach of the peace
and every one who lawfully assists the peace officer is justified in
arresting any person whom he finds committing the breach of the
peace or who, on reasonable grounds, he believes is about to join
in or renew the breach of the peace.

(2) Every peace officer is justified in receiving into custody any
person who is given into his charge as having been a party to a
breach of the peace by one who has, or who on reasonable grounds
the peace officer believes has, witnessed the breach of the peace.


32. (1) Every peace officer is justified in using or in ordering the use
of as much force as the peace officer believes, in good faith and on
reasonable grounds,

(a) is necessary to suppress a riot; and

(b) is not excessive, having regard to the danger to be
apprehended from the continuance of the riot.

(2) Every one who is bound by military law to obey the command of
his superior officer is justified in obeying any command given by his
superior officer for the suppression of a riot unless the order is
manifestly unlawful.

(3) Every one is justified in obeying an order of a peace officer to
use force to suppress a riot if

(a) he acts in good faith; and

(b) the order is not manifestly unlawful.

(4) Every one who, in good faith and on reasonable grounds,
believes that serious mischief will result from a riot before it is
possible to secure the attendance of a peace officer is justified in
using as much force as he believes in good faith and on reasonable
grounds,

(a) is necessary to suppress the riot; and

(b) is not excessive, having regard to the danger to be
apprehended from the continuance of the riot.

(5) For the purposes of this section, the question whether an order
is manifestly unlawful or not is a question of law.


33. (1) Where the proclamation referred to in section 67 has been
made or an offence against paragraph 68(a) or (b) has been
committed, it is the duty of a peace officer and of a person who is
lawfully required by him to assist, to disperse or to arrest persons
who do not comply with the proclamation.

(2) No civil or criminal proceedings lie against a peace officer or a
person who is lawfully required by a peace officer to assist him in
respect of any death or injury that by reason of resistance is
caused as a result of the performance by the peace officer or that
person of a duty that is imposed by subsection (1).

(3) Nothing in this section limits or affects any powers, duties or
functions that are conferred or imposed by this Act with respect to
the suppression of riots.


  34. (1) Every one who is unlawfully assaulted without having
provoked the assault is justified in repelling force by force if
the force he uses is not intended to cause death or grievous
bodily harm and is no more than is necessary to enable him to
defend himself.
  
  (2) Every one who is unlawfully assaulted and who causes
death or grievous bodily harm in repelling the assault is
justified if

  (a) he causes it under reasonable apprehension of death or
  grievous bodily harm from the violence with which the assault
  was originally made or with which the assailant pursues his
  purposes; and

  (b) he believes, or reasonable grounds, that he cannot
  otherwise preserve himself from death or grievous bodily harm.


35. Every one who has without justification assaulted another but
did not commence the assault with intent to cause death or
grievous bodily harm, or has without justification provoked an
assault on himself by another, may justify the use of force
subsequent to the assault if

(a) he uses the force

(i) under reasonable apprehension of death or grievous bodily harm
from the violence of the person whom he has assaulted or
provoked, and

(ii) in the belief, on reasonable grounds, that it is necessary in order
to preserve himself from death or grievous bodily harm;

(b) he did not, at any time before the necessity of preserving himself
from death or grievous bodily harm arose, endeavour to cause
death or grievous bodily harm; and

(c) he declined further conflict and quitted or retreated from it as far
as it was feasible to do so before the necessity of preserving
himself from death or grievous bodily harm arose.


36. Provocation includes, for the purposes of sections 34 and 35,
provocation by blows, words or gestures.


37. (1) Every one is justified in using force to defend himself or any
one under his protection from assault, if he uses no more force than
is necessary to prevent the assault or the repetition of it.

(2) Nothing in this section shall be deemed to justify the wilful
infliction of any hurt or mischief that is excessive, having regard to
the nature of the assault that the force used was intended to
prevent.


38. (1) Every one who is in peaceable possession of personal
property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or

(b) in taking it from a trespasser who has taken it,

if he does not strike or cause bodily harm to the trespasser.

(2) Where a person who is in peaceable possession of personal
property lays hands on it, a trespasser who persists in attempting to
keep it or take it from him or from any one lawfully assisting him shall
be deemed to commit an assault without justification or provocation.


39. (1) Every one who is in peaceable possession of personal
property under a claim of right, and every one acting under his
authority, is protected from criminal responsibility for defending that
possession, even against a person entitled by law to possession of
it, if he uses no more force than is necessary.

(2) Every one who is in peaceable possession of personal property,
but does not claim it as of right or does not act under the authority
of a person who claims it as of right, is not justified or protected from
criminal responsibility for defending his possession against a
person who is entitled by law to possession of it.


40. Every one who is in peaceable possession of a dwelling-house,
and every one lawfully assisting him or acting under his authority, is
justified in using as much force as is necessary to prevent any
person from forcibly breaking into or forcibly entering the
dwelling-house without lawful authority.


41. (1) Every one who is in peaceable possession of a
dwelling-house or real property, and every one lawfully assisting
him or acting under his authority, is justified in using force to prevent
any person from trespassing on the dwelling-house or real
property, or to remove a trespasser therefrom, if he uses no more
force than is necessary.


(2) A trespasser who resists an attempt by a person who is in
peaceable possession of a dwelling-house or real property, or a
person lawfully assisting him or acting under his authority to prevent
his entry or to remove him, shall be deemed to commit an assault
without justification or provocation.


42. (1) Every one is justified in peaceably entering a dwelling-house
or real property by day to take possession of it if he, or a person
under whose authority he acts, is lawfully entitled to possession of it.

(2) Where a person

(a) not having peaceable possession of a dwelling-house or real
property under a claim of right, or

(b) not acting under the authority of a person who has peaceable
possession of a dwelling-house or real property under a claim of
right,

assaults a person who is lawfully entitled to possession of it and
who is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be
deemed to be without justification or provocation.

(3) Where a person

(a) having peaceable possession of a dwelling-house or real
property under a claim of right, or

(b) acting under the authority of a person who has peaceable
possession of a dwelling-house or real property under a claim of
right,

assaults any person who is lawfully entitled to possession of it and
who is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be
deemed to be provoked by the person who is entering.

 
  84. (1)  For the purposes of this Part, "antique firearm" means
any firearm manufactured before 1898 that was not designed to use
rim-fire or centre-fire ammunition and that has not been
redesigned to use such ammunition, or, if so designed or redesigned,
is capable only of using rim-fire or centre-fire ammunition that is
not commonly available in Canada;

"chief provincial firearms officer" means a person who has been
designated in writing by the Attorney General of a province as the
chief provincial firearms officer for that province;

"Commissioner" means the Commissioner of the Royal Canadian Mounted
Police;

"firearm" means any barrelled weapon from which any shot, bullet or
other projectile can be discharged and that is capable of causing
serious bodily injury or death to a person, and includes any frame or
receiver of such a barrelled weapon and anything that can be adapted
for use as a firearm;

"firearms acquisition certificate" means a firearms acquisition
certificate issued by a firearms officer under section 106 or 107;

"firearms officer" means any person who has been designated in
writing as a firearms officer by the Commissioner or the Attorney
General of a province or who is a member of a class of persons that
has been so designated;

"genuine gun collector" means an individual who possesses or seeks to
acquire one or more restricted weapons that are related or
distinguished by historical, technological or scientific
characteristics, has knowledge of those characteristics, has
consented to the periodic inspection, conducted in a reasonable
manner and in accordance with the regulations, of the premises in
which the restricted weapons are to be kept and has complied with
such other requirements as are prescribed by regulation respecting
knowledge, secure storage and the keeping of records in respect of
the restricted weapons;

"large-capacity cartridge magazine" means any device or container
from which ammunition may be fed into the firing chamber of a
firearm;

"local registrar of firearms" means any person who has been designated
in writing as a local registrar of firearms by the Commissioner or
the Attorney General of a province or who is a member of a class of
police officers or police constables that has been so designated;

"permit" means a permit issued under section 110;

"prohibited weapon" means

  (a)  any device or contrivance designed or intended to muffle or
  stop the sound or report of a firearm,

  (b)  any knife that has a blade that opens automatically
  by gravity or centrifugal force or by hand pressure applied to a
  button, spring or other device in or attached to the handle of the
  knife,

  (c)  any firearm, not being a restricted weapon described in
  paragraph (c) or

        (c.1) of the definition of that expression in this
        subsection, that is capable of, or assembled or designed and
        manufactured with the capability of, firing projectiles in rapid
        succession during one pressure of the trigger, whether or not it
        has been altered to fire only one projectile with one such
        pressure,

  (d)  any firearm adapted from a rifle or shotgun, whether by
  sawing, cutting or other alteration or modification, that, as so
  adapted, has a barrel that is less than 457 mm in length or that is
  less than 660 mm in overall length,

  (e)  a weapon of any kind, not being an antique firearm or a
  firearm of a kind commonly used in Canada for hunting or sporting
  purposes, or a part, component or accessory of such a weapon, or
  any ammunition, that is declared by order of the Governor in
  Council to be a prohibited weapon, or

  (f)  a large-capacity cartridge magazine prescribed by regulation;
  "registration certificate" means a restricted weapon registration
  certificate issued under section 109;


"regulations" means regulations made by the Governor in Council
pursuant to section 106;


"restricted weapon" means

  (a)  any firearm, not being a prohibited weapon, designed, altered
  or intended to be aimed and fired by the action of one hand,

  (b)  any firearm that

     (i)  is not a prohibited weapon, has a barrel that is less
     than 470  mm in length and is capable of discharging centre-fire
     ammunition in a semi-automatic manner, or

     (ii)  is designed or adapted to be fired when reduced to a
     length of less than 660 mm by folding, telescoping or otherwise,
     or

  (c)  any firearm that is designed, altered or intended to fire
  bullets in rapid succession during one pressure of the trigger and
  that, on January 1 , 1978, was registered as a restricted weapon
  and formed part of a gun collection in Canada of a genuine gun
  collector, (c.1) any firearm that is assembled or designed and
  manufactured with the capability of firing projectiles in rapid
  succession with one pressure of the trigger, to the extent that

    (i)  the firearm is altered to fire only one projectile with one
    such pressure,

    (ii)  on October 1 , 1992, the firearm was registered as a
    restricted weapon, or an application for a registration certificate
    was made to a local registrar of firearms in respect of the firearm,
    and the firearm formed part of a gun collection in Canada of a
    genuine gun collector, and

    (iii)  subsections 109(4.1) and (4.2) were complied with in
    respect of that firearm, or

  (d)  a weapon of any kind, not being a prohibited weapon or a shotgun
  or rifle of a kind that, in the opinion of the Governor in Council,
  is reasonable for use in Canada for hunting or sporting purposes,
  that is declared by order of the Governor in Council to be a
  restricted weapon.


(1.1)  For the purposes of paragraph (d) of the definition
"prohibited weapon" and of subparagraph (b)(i) of the definition
"restricted weapon" in subsection ( I ), the length of a barrel of a
firearm means

  (a)  in the case of a revolver, the distance from the muzzle of the
  barrel to the breach end immediately in front of the cylinder, and

  (b)  in any other case, the distance from the muzzle of the barrel
  to and including the chamber, but not including the length of any
  part or accessory including parts or accessories designed or
  intended to suppress the muzzle flash or reduce recoil.


(1.2)  Where the Governor in Council makes an order referred to
in paragraph (e) of the definition "prohibited weapon" in subsection
(1), the Governor in Council may also, by order, declare that a
person who possesses a weapon referred to in that paragraph prior to
the coming into force of the order referred to in that paragraph
shall only retain the ownership and possession of the weapon if the
person obtains a registration certificate in respect of the weapon in
accordance with section 109 and, where the Governor in Council makes
such an order, the weapon is deemed to be a restricted weapon for
that person for the purposes of this Act.

(2)  Notwithstanding the definition "firearm" in subsection 
(1), for the purposes of the definitions "prohibited weapon" and
"restricted weapon" in that subsection and for the purpose of section
93, subsections 97(1) and (3) and sections 102, 104, 105 and 116,
the following weapons shall be deemed not to be firearms:

  (a)  an antique firearm unless

     (i)  but for this subsection, it would be a restricted weapon,
     and

     (ii)  the person in possession thereof intends to discharge it,

  (b)  any device designed, and intended by the person in
  possession thereof, for use exclusively for

    (i)  signalling, notifying of distress or firing stud
    cartridges, explosive-driven rivets or similar industrial
    ammunition, or

     (ii)  firing blank cartridges;

  (c)  any shooting device designed, and intended by the person in
  possession thereof, for use exclusively for

    (i)  slaughtering of domestic animals,

    (ii)  tranquilizing animals, or

    (iii)  discharging projectiles with lines attached thereto; and

  (d) any other barrelled weapon where it is proved that that weapon
  is not designed or adapted to discharge a shot, bullet or other
  projectile at a muzzle velocity exceeding 152.4 m per second or to
  discharge a shot, bullet or other projectile that is designed or
  adapted to attain a velocity exceeding 152.4 m per second.

(3)  A police officer or police constable designated in
writing by the Commissioner or the Attorney General of a province
for the purposes of this subsection or who is a member of a class of
police officers or police constables that has been so designated may
perform such functions and duties of a local registrar of firearms
under subsections 109(1) to (6) and subsections 110(3) and (4) as are
specified in the designation.


  85. (1) Every one who uses a firearm

  (a)  while committing or attempting to commit an indictable offence, or

  (b)  during his flight after committing or attempting to commit an
  indictable offence, whether or not he causes or means to cause bodily
  harm to any person as a result thereof, is guilty of an indictable
  offence and liable to imprisonment

  (c)  in the case of a first offence, except as provided in paragraph
  (d), for not more than fourteen years and not less than one year, and

  (d)  in the case of a second or subsequent offence, or in the case of
  a first offence committed by a person who, prior to January 1 , 1978,
  was convicted of an indictable offence or an attempt to commit an
  indictable offence, in the course of which or during his flight after
  the commission or attempted commission of which he used a firearm,
  for not more than fourteen years and not less than three years.

  (2) A sentence imposed on a person for an offence under subsection
(1) shall be served consecutively to any other punishment imposed on
him for an offence arising out of the same event or series of events
and to any other sentence to which he is subject at the time the
sentence is imposed on him for an offence under subsection (1).

  86.  (1)  Every one who, without lawful excuse, points a firearm at
another person, whether the firearm is loaded or unloaded,

  (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.

  (2)  Every one who, without lawful excuse, uses, carries, handles,
ships or stores any firearm or ammunition in a careless manner or
without reasonable precautions for the safety of other persons

   (a)  is guilty of an indictable offence and liable to imprisonment

     (i)  in the case of a first offence, for a term not exceeding
     two years, and

     (ii)  in the case of a second or subsequent offence, for a term
     not exceeding five years; or

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

[subsection 86(2) was repealed and replaced with the following.]

  (2)  Every person who uses, carries, handles, ships or stores any
firearm or ammunition in a manner that shows wanton or reckless
disregard for the lives or safety of other persons

  (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.


  (3) Every person who stores, displays, handles or transports any
firearm in a manner contrary to a regulation made under paragraph
116(1)(g)

   (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.

Possession of weapon or imitation.


  87.  Every one who carries or has in his possession a weapon or
imitation thereof, for a purpose dangerous to the public peace or for
the purpose of committing an offence, is guilty of an
indictable offence and liable to imprisonment for a term not
exceeding ten years.


  88.  Every one who, without lawful excuse, has a weapon in his
possession while he is attending or is on his way to attend a public
meeting is guilty of an offence punishable on summary conviction.


  89.  Every one who carries a weapon concealed, unless he is the
holder of a permit under which he may lawfully so carry it,

  (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.


  90. (1)  Every one who has in his possession a prohibited weapon

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

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

  (2) Every one who is an occupant of a motor vehicle in which he knows
there is a prohibited weapon

  (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.

  (3) Subsection (1) does not apply to a person who comes into
possession of a prohibited weapon by operation of law and thereafter,
with reasonable dispatch, lawfully disposes thereof.

  (3.1) Subsection (1) does not apply in a province with respect to any
person designated by the Attorney General of the province as a person
who belongs to a class of persons who require a prohibited weapon
described in paragraph (c), (e) or (f) of the definition "prohibited
weapon" in subsection 84(1) or any component or part thereof for a
purpose that the Governor in Council prescribes by regulation to be an
industrial purpose, or to any person who is under the direct and
immediate supervision of such a person.

  (3.2)  Notwithstanding anything in this Act, no person is guilty of
an offence under subsection (1) by reason only that the person
possesses a prohibited weapon described in paragraph (f) of the
definition of that expression in subsection 84(1), where

  (a)  that person has been authorized in writing by the local
  registrar of firearms to be a person who may possess such a weapon
  for use in conjunction with a firearm that is suitable for use in
  shooting competitions designated by the Attorney General and is
  lawfully possessed by the person and where that person has complied
  with all conditions for the possession of that weapon that are
  prescribed by regulations or that are required by the local registrar
  of firearms in the particular circumstances and in the interests of
  the safety of the person or of any other person; or

  (b)  that person is a person who is designated for the purposes of
  paragraph 95(3)(b).

  (4) Subsection (2) does not apply to an occupant of a motor vehicle
in which there is a prohibited weapon where, by virtue of subsection
(3) or section 92, subsection (1) does not apply to the person who is
in possession of that weapon.


  90.1  (1)  Where, pursuant to paragraph 90(3.2)(a), a local
registrar of firearms refuses to authorize in writing that a person is
a person who may possess a prohibited weapon referred to in that
paragraph for use in conjunction with a firearm that is suitable for
use in shooting competitions designated by the Attorney General, the
local registrar of firearms shall notify the person in writing of the
refusal and the reasons for it and include in the notification a copy
of this section.

   (2) A person who has received a notification referred to in
subsection (1) may, within 30 days after receiving the notification or
within such time as is, before or after the expiration of that period,
allowed by a provincial court judge, request in writing the local
registrar of firearms to refer the matter to a provincial court judge
having jurisdiction in the territorial division in which the person
resides.

  (3) On a reference by the local registrar of firearms pursuant to
subsection (2), 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 person and to the local registrar of firearms, in such manner as
the provincial court judge may specify.

  (4) In a hearing under subsection (3) the burden of proof is on the
person to satisfy the provincial court judge that the refusal was not
justified.

  (5) Where at the conclusion of the hearing under subsection (3), the
person has satisfied the provincial court judge that the refusal was
not justified, the provincial court judge shall, by order, direct the
local registrar of firearms to authorize in writing that the person may
possess a prohibited weapon referred to in paragraph 90(3.2)(a) for use
in conjunction with a firearm that is suitable for use in shooting
competitions designated by the Attorney General and the local registrar
of firearms shall immediately comply with the order.

  (6)  Where a provincial court judge makes an order pursuant to
subsection (5), the local registrar of firearms may appeal to the
appeal court against the order and the provisions of Part XXVII except
sections 816 to 819 and 829 to 836 apply, with such modifications
as the circumstances require, in respect of the appeal.

  (7)  In this section, "appeal court" has the meaning given that
expression in subsection 100(11).


  91. (1) Every one who has in his possession a
restricted weapon for which he does not have a registration
certificate

   (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.

  (2) Every one who has in his possession a restricted weapon elsewhere
than at the place at which he is entitled to possess it, as indicated
on the registration certificate issued therefor, is, unless he is the
holder of a permit under which he may lawfully so possess it,

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

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

  (3) Every one who is an occupant of a motor vehicle in which he
knows there is a restricted weapon is, unless some occupant of the
motor vehicle is the holder of a permit under which he may lawfully
have that weapon in his possession in the vehicle, or he establishes
that he had reason to believe that some occupant of the motor vehicle
was the holder of such permit,

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

  (h) guilty of an offence punishable on summary conviction.

  (4) Subsection (1) does not apply to a person

  (a)  in respect of a restricted weapon, where a permit relating to
  the restricted weapon has been issued under subsection 110(1),
  (2.1) or (3.1) and the person is not the person
  mentioned in the registration certificate issued in respect of that
  restricted weapon;

  (a.1) to whom a permit relating to a restricted weapon has been
  issued under subsection 110(3) or (4) and who possesses the weapon
  for the purpose for which that permit was issued;

  (b)  who has a restricted weapon in his possession while he is under
  the immediate supervision of a person who may lawfully possess the
  weapon for the purpose of using the weapon in a manner in which the
  supervising person may lawfully use it; or

  (c)  who comes into possession of a restricted weapon by
  operation of law and thereafter, with reasonable dispatch, lawfully
  disposes of it or obtains a registration certificate or permit
  under which he may lawfully possess it.


(4.1)  Subsection (2) does not apply to a person to whom a permit to
possess a particular restricted weapon has been issued under
subsection 110(1) where the person is not the person mentioned in
the registration certificate issued in respect of the restricted
weapon, when the person to whom the permit has been issued possesses
the restricted weapon at the place authorized by the permit.

  (5)  Subsection (3) does not apply to an occupant of a motor vehicle
in which there is a restricted weapon where, by virtue of subsection
(4) or section 92, subsections (1) and (2) do not apply to the
person who is in possession of that weapon.

  (6) Subject to sections 100 and 103, subsection 105(4) and to a
condition of a probation order referred to in paragraph 737(2)(d)
nothing in this Act makes it unlawful for a person to be in
possession of a restricted weapon, other than a restricted weapon
described in paragraph (c.1) of the definition of that expression in
subsection 84(1), in the ordinary course of a business described in
paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(ii).

  91.1 (1) The Governor in Council may make orders specifying periods
of time as amnesty periods with respect to weapons or classes of
weapons, or explosive substances, and where the Governor in Council
makes such an order, no person who, during that period, delivers
such a weapon or explosive substance that is unlawfully in the
person's possession to a peace officer, local registrar of firearms or
firearms officer for registration or destruction or other disposition
as provided in the order is, by reason only of the fact that the person
was in possession of the weapon or explosive substance prior to the
delivery or by reason only of the fact that the person transported the
weapon or explosive substance for purposes of the delivery, guilty of
an offence under section 82, 90 or 91, as the case may be.

  (2) Any proceedings taken under section 82, 90 or 91 against any
person for any action taken by the person in reliance on subsection (1)
following an order referred to therein are a nullity.


  92. (1)  Notwithstanding anything in this Act,

  (a) a member of the Canadian Forces or of the armed forces of a state
  other than Canada who is authorized under paragraph 14(a) of the
  Visiting Forces Act or who is attached or seconded to any of
  the Canadian Forces,

  (b) a peace officer or a person in the public service of Canada or
  employed by the government of a province,

  (c)  an officer under the Immigration Act, the Customs Act
  or the Excise Act, or

  (d)  a person who, under the authority of the Canadian Forces
  or a police force that includes peace officers or public
  officers, imports, manufactures, repairs, alters, modifies or
  sells weapons for or on behalf of the Canadian Forces or that
  police force is not guilty of an offence under this Act by reason
  only that, in the case of a person described in any of paragraphs
  (a) to (c), the person is required to possess and possesses a 
  restricted or prohibited weapon for the purpose of the
  person's duties or employment and, in the case of a person described
  in paragraph (d), the person possesses a restricted or
  prohibited weapon in the course of business on behalf of the
  Canadian Forces or a police force referred to in that paragraph.

  (2) Notwithstanding anything in this Act, no operator of or
person employed in a museum established by the Chief of the Defence
Staff or a museum approved for the purposes of this Part by the
Commissioner or the Attorney General of the province in which it is
situated is guilty of an offence under this Act by reason only that the
person possesses a restricted or prohibited weapon for the purpose of
exhibiting that weapon or of storing, repairing, restoring, maintaining
or transporting that weapon for the purpose of exhibiting it.


 93.  (1)  Every one who gives, lends, transfers or delivers any
firearm to a person under the age of sixteen years who is not the
holder of a permit under which he may lawfully possess the firearm

[subsection 93(1) was repealed and replaced by
the following on January 1, 1995.]

 93.  (1)  Every one who gives, lends, transfers or delivers any
firearm to a person under the age of eighteen years who is not the
holder of a permit under which the person may lawfully possess the
firearm

   (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.

  (2) Subsection (1) does not apply to a person lawfully in possession
of a firearm who permits a person under the age of sixteen years to
use the firearm under his immediate supervision in the same manner in
which he may lawfully use it.

[subsection 93(2) was repealed and replaced by
the following.]

  (2) Subsection (1) does not apply to a person lawfully in possession
of a firearm who permits a person under the age of eighteen years to
use the firearm under his immediate supervision in the same manner in
which that person may lawfully use it.


  94.  Every one who sells, barters, gives, lends, transfers or
delivers any firearm or other offensive weapon or any ammunition or
explosive substance to a person who he knows or has good reason to
believe is of unsound mind, is impaired by alcohol or drugs, or is a
person who 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 possessing the firearm or other offensive weapon,
ammunition or explosive substance so sold, bartered, given, lent,
transferred or delivered,

  (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.


  95.(1)  Every person who imports, exports, buys, sells,
barters, gives, lends, transfers or delivers a prohibited weapon or any
component or part designed exclusively for use in the manufacture or
assembly into a prohibited weapon

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

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

  (2) Notwithstanding subsection (1), a person who carries
on a business described in paragraph 105(1)(b) may export or
import for a purpose that the Governor in Council prescribes by
regulation, for the purposes of subsection 90(3.1), to be an
industrial purpose a prohibited weapon described in paragraph (c),
(e) or (f) of the definition "prohibited weapon" in subsection
84(1) or components or parts thereof, if that person does so
under and in accordance with an export permit or an import permit, as
the case may be, issued under the Export and Import Permits
Act

  (3) Subsection (1) does not apply to a person who

  (a) carries on a business referred to in paragraph 105(1)(a)
  and who, on behalf of a person described in subsection
  90(3.2), imports, buys, sells, barters, gives, lends,
  transfers or delivers a prohibited weapon described in paragraph
  (f) of the definition of that expression in subsection 84(1);
  or

  (b) manufactures a prohibited weapon described in paragraph
  (f) of the definition of that expression in subsection 84(1)
  for the purpose of exporting the prohibited weapon or of selling
  it in Canada to a person who may lawfully posses such a prohibited
  weapon, where the person who manufactures the prohibited weapon is
  designated for the purposes of this subsection by the Attorney
  General of the province in which the prohibited weapon is
  manufactured.

  (4)  Notwithstanding subsection (1), a person who carries on a
business described in paragraph 105(1)(b) may transfer to a person
designated by the Attorney General of a province pursuant to subsection
90(3.1) a prohibited weapon described in paragraph (c), (e) or (f) of
the definition "prohibited weapon" in subsection 84(1) or components or
parts thereof.

  (5) Notwithstanding subsection (1), a person who is authorized in
writing by a local registrar of firearms under paragraph 90(3.2)(a) may
import or export a prohibited weapon described in paragraph (f) of the
definition "prohibited weapon" in subsection 84(1), and to
which the authorization applies, for personal use in shooting
competitions designated under paragraph 90(3.2)(a).

  95.1  Every person who, without lawful justification or excuse,
alters a firearm so that it is capable of, or manufactures or
assembles any firearm with intent to produce a firearm that is
capable of, firing projectiles in rapid succession during one
pressure of the trigger is guilty of

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

  (b) an offence punishable on summary conviction.


  96.  (1)  Every one who sells, barters, gives, lends, transfers or
delivers any restricted weapon to a person who is not the holder of a
permit authorizing him to possess that weapon

  (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.

  (2) Subsection (1) does not apply to a person lawfully in possession
of a restricted weapon who permits a person who is not the holder of a
permit authorizing him to possess that weapon to use the weapon under
his immediate supervision in the same manner in which he may lawfully
use it.

  (3) Every one who imports any restricted weapon when he is not the
holder of a permit authorizing him to possess that weapon

  (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.


  97.  (1)  Every one who sells, barters, gives, lends, transfers or
delivers any firearm to a person who does not, at the time of the sale,
barter, giving, lending, transfer or delivery or, in the case of a
mail-order sale, within a reasonable time prior thereto, produce a
firearms acquisition certificate for inspection by the person
selling, bartering, giving, lending, transferring or delivering the
firearm, that that person has no reason to believe is invalid or was
issued to a person other than the person so producing it,

  (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.

  (2) Subsection (1) does not apply to a person

  (a)  lawfully in possession of a firearm who lends the firearm

     (i) to a person for use by that person in his company and under
    his guidance or supervision in the same manner in which he may
    lawfully use it,

     (ii)  to a person who requires the firearm to hunt or trap in
    order to sustain himself or his family, or

    (iii)  to a person who is the holder of a permit issued under
    subsection 110( 1 ), (6) or (7) permitting the lawful possession
    of the firearm;

  (b)  who returns a firearm to a person who lent it to him in
  circumstances described in paragraph (a);

  (c)  who comes into possession of a firearm in the ordinary course
  of a business described in paragraph 105(1)(a) and who returns the
  firearm to the person from whom it is received; or

  (d)  who is a peace officer, local registrar of firearms or
  firearms officer who returns a firearm to a person who had lawfully
  possessed the firearm and subsequently lost it or from whom it had
  been stolen.

  (3) Every one who imports or otherwise acquires possession in any
manner whatever of a firearm while he is not the holder of a firearms
acquisition certificate

  (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.

  (4) Subsection (3) does not apply to a person who

  (a)  acquires a firearm in circumstances such that, by virtue of
  subsection (2), subsection (1) does not apply to the person from whom
  he acquires the firearm;

  (b) reacquires a firearm from a person to whom he lent the firearm;

  (c) imports a firearm at a time when he is not a resident of Canada;

  (d) comes into possession of a firearm by operation of law and
thereafter, with reasonable dispatch, lawfully disposes thereof or
obtains a firearms acquisition certificate under which he could have
lawfully acquired the firearm;

  (e)  comes into possession of a firearm in the ordinary course of a
business described in paragraph 105(1)(a) or (b) or 105(2)(a) or (b);
or 

  (f)  has lawfully possessed a firearm and has subsequently lost it,
or from whom it had been stolen, and who then reacquires it from a
peace officer, local registrar of firearms or firearms officer or finds
it and so reports to a peace officer, local registrar of firearms or
firearms officer.


98. (1)  Notwithstanding sections 95 to 97,

  (a) a member of the Canadian Forces, or of the armed forces of a
   state other than Canada, referred to in paragraph 92(1)(a),

  (b) a peace officer or a person in the public service of Canada or
  employed by the government of a province, or

  (c) an operator of or a person employed in a museum established by
  the Chief of the Defence Staff or a museum approved for the purposes
  of this Part by the Commissioner or the Attorney General of the
  province in which it is situated is not guilty of an offence under
  this Act by reason only that the person imports or otherwise acquires
  possession in any manner of any weapon or component or part of a
  weapon in the course of the duties or employment of that person.

  (2) Notwithstanding sections 95 to 97, a person who, under the
authority of the Canadian Armed Forces or a police force that includes
peace officers or public officers of a class referred to in paragraph
(1)(b), imports, manufactures, repairs, alters, modifies or sells
weapons or components or parts of weapons for or on behalf of the
Canadian Armed Forces or such a police force, is not guilty of an
offence under this Act by reason only that this person imports or
manufactures weapons or components or parts thereof or sells, barters,
gives, lends, transfers or delivers weapons or components or parts
thereof to the Canadian Armed Forces or such a police force.

  (3) Notwithstanding sections 95 to 97, a person who, under the
supervision of an operator of or a person employed in a museum
established by the Chief of the Defence Staff or a museum approved for
the purposes of this Part by the Commissioner or the Attorney General
of the province in which it is situated, imports, buys, repairs,
restores or maintains weapons or components or parts of weapons for or
on behalf of the museum is not guilty of an offence under this Act by
reason only that that person so imports, buys, repairs, restores or
maintains weapons or components or parts thereof or sells, barters,
gives, lends, transfers or delivers weapons or components or parts
thereof to the museum.


  99.  Notwithstanding sections 96 and 97, a person is not guilty of an
offence under this Act by reason only that he transfers or delivers

  (a)  any restricted weapon to a person who carries on a business
  described in subparagraph 105(2)(b)(ii), or

  (b)  any firearm, other than a restricted weapon, to a person who
  carries on a business described in subsection 105(I) or subparagraph
  105(2)(b)(ii) for use in the course of that business.


  100.  (1) Where an offender is convicted or discharged under
section 736 of an indictable offence in the commission of which
violence against a person is used, threatened or attempted and for
which the offender may be sentenced to imprisonment for ten years or
more or of an offence under section 85, the court that sentences the
offender shall, subject to subsections (1.1) to (1.3), in addition to
any other punishment that may be imposed for that offence, make an
order prohibiting the offender from possessing any firearm or any
ammunition or explosive substance for any period of time specified in
the order that commences on the day on which the order is made and
expires not earlier than

  (a)  in the case of a first conviction for such an offence, ten
  years, and

  (b)  in any other case, life, after the time of the offender's
release from imprisonment after conviction for the offence or, if
the offender is not then imprisoned or subject to imprisonment,
after the time of the offender's conviction or discharge for that
offence.

  (1.1)  The court is not required to make an order under
subsection (1) where the court is satisfied that the offender has
established that

  (a)  it is not desirable in the interests of the safety of the
  offender or of any other person that the order be made; and

  (b) the circumstances are such that it would not be appropriate to
  make the order.

  (1.2) in considering whether the circumstances are such that it would
not be appropriate to make an order under subsection (1), the court
shall consider

   (a)  the criminal record of the offender, the nature of the offence
   and the circumstances surrounding its commission;

   (b)  whether the offender needs a firearm for the sustenance of the
   offender or the offender's family; and

   (c)  whether the order would constitute a virtual prohibition
   against employment in the only vocation open to the offender.

  (1.3)  Where the court does not make an order under subsection (1),
the court shall give reasons why the order is not being made.

  (2) When an offender is convicted or discharged under section 736 of

   (a)  an offence involving the use, carriage, possession, handling or
  storage of any firearm or ammunition,

   (b) an offence, other than an offence referred to in subsection (1),
  in the commission of which violence against a person was used,
  threatened or attempted, or

  (c) an offence described in subsection 39(1) or (2) or 48(1) or (2)
  of the Food and Drugs Act or in subsection 4(1) or (2) or 5(1)
  of the Narcotic Control Act, the court that sentences the
  offender, in addition to any other punishment that may be imposed for
  the offence, shall consider whether it is desirable, in the interests
  of the safety of the offender or of any other person, to make an
  order prohibiting the offender from possessing any firearm or any
  ammunition or explosive substance and ordering the offender to
  surrender any firearms acquisition certificate that the offender
  possesses, and where the court decides that it is not desirable, in
  the interests of the safety of the offender or of any other person,
  for the offender to possess any of those things, the court shall so
  order.

  (2.1)  An order referred to in subsection (2) may be for any period
of time specified in the order but shall not expire later than ten
years after the time of the offender's release from imprisonment after
conviction for the offence to which the order relates, or, if the
offender is not then imprisoned or subject to imprisonment, after the
time of the offender's conviction or discharge from that offence.

  (3)  For the purposes of subsections (1) and (2), "release from
imprisonment" means release from confinement by reason of expiration of
sentence, commencement of mandatory supervision or grant of parole
other than day parole.

  (4)  Where a peace officer believes on reasonable grounds that it is
not desirable in the interests of the safety of any person that a
particular person should possess any firearm or any ammunition or
explosive substance, he may apply to a provincial court judge for an
order prohibiting that particular person from having in his possession
any firearm or any ammunition or explosive substance.

  (5) On receipt of an application made pursuant to subsection (4) or
on a reference by a firearms officer, pursuant to subsection  106(7),
of his opinion that it is not desirable in the interests of the safety
of an applicant for a firearms acquisition certificate or of any other
person that the applicant for a firearms acquisition certificate
acquire a firearm, the provincial court judge to whom the application
or reference is made shall fix a date for the hearing of the
application or reference and direct that notice of the hearing be given
to the person against whom the order of prohibition is sought or the
applicant for the firearms acquisition certificate and the firearms
officer, as the case may be, in such manner as the provincial court
judge may specify.

  (6)  At the hearing of an application made pursuant to subsection
(4), the provincial court judge shall hear all relevant evidence
presented by or on behalf of the applicant and the person against whom
the order of prohibition is sought and where, at the conclusion of the
hearing, the provincial court judge is satisfied that there are
reasonable grounds to believe that it is not desirable in the interests
of the safety of the person against whom the order of prohibition is
sought or of any other person that the person against whom the order is
sought should possess any firearm or any ammunition or explosive
substance, the provincial court judge shall make an order prohibiting
him from having in his possession any firearm or any ammunition or
explosive substance for any period of time, not exceeding five years,
specified in the order and computed from the day the order is made.

  (7)  At the hearing of a reference referred to in subsection (5), the
provincial court judge shall hear all relevant evidence presented by or
on behalf of the firearms officer and the applicant for a firearms
acquisition certificate and where, at the conclusion of the hearing,
the firearms officer has satisfied the provincial court judge that the
opinion of the firearms officer that it is not desirable in the
interests of the safety of the applicant or of any other person that
the applicant acquire a firearm is justified, the provincial court
judge shall, by order, confirm that opinion and the refusal to issue
the firearms acquisition certificate and may prohibit the
applicant from possessing any firearm, ammunition or explosive
substance for any period, not exceeding five years, specified in the
order and computed from the day the order is made.

    (7. 1 )  Where an order is made under subsection (1), (2) or (7),
any firearms acquisition certificate that is held by the person who is
the subject of the order is automatically revoked.

  (8)  Where, at the conclusion of a hearing referred to in subsection
(7), the firearms officer has not satisfied the provincial court judge
that his opinion that it is not desirable in the interests of the
safety of the applicant for a firearms acquisition certificate or of
any other person that the applicant for a firearms acquisition
certificate acquire a firearm is justified, the provincial court judge
shall, by order, direct the firearms officer to issue to that person a
firearms acquisition certificate and, on payment of the fee, if any,
fixed for such a certificate, the firearms officer shall forthwith
comply with the direction.

  (9)  A provincial court judge may proceed ex parte to hear and
determine an application made pursuant to subsection (4) or a reference
referred to in subsection (5) in the absence of the person against whom
the order of prohibition is sought or the applicant for a firearms
acquisition certificate, as the case may be, in circumstances in which
a summary conviction court may, pursuant to Part XXVII, proceed with a
trial in the absence of the defendant as fully and effectually as if
the defendant had appeared.

  (10) Where a provincial court judge

  (a)  makes an order pursuant to subsection (6) or (7), the prohibited
   person, or

  (b)  refuses to make an order pursuant to subsection (6), or makes an
  order pursuant to subsection (8), the Attorney General may appeal to 
  the appeal court against the order or refusal to make an order, as
  the case may be, and the provisions of Part XXVII except sections 816
  to 819 and sections 829 to 838 apply, with such  modifications as the
  circumstances require in respect of the appeal.

  (11)  In this section, "appeal court" means

   (a)  in the Province of Ontario, the Ontario Court (General
  Division) sitting in the region, district or county or group of
  counties where the adjudication was made,

  (b)  in the Province of Quebec, the Superior Court,

  (c) in  the Provinces of New Brunswick, Manitoba, Saskatchewan
  and Alberta, the Court of Queen's Bench,

  (d) in the Provinces of Prince Edward Island and Newfoundland, the
  Trial Division of the Supreme Court, and

  (e) in the Provinces of Nova Scotia and British Columbia, the Yukon
  Territory and Northwest Territories, the Supreme Court;

[paragraph (e) above will be repealed and replaced with the
following on April 1, 1999:]

  (e) in the Provinces of Nova Scotia and British Columbia, the Yukon
  Territory, Northwest Territories and Nunavut, the Supreme Court;

"provincial court judge" means a provincial court judge having
jurisdiction in the territorial division where the person
against whom the relevant application for an order of prohibition
was brought or in respect of whom the reference was made, as the case
may be, resides.

  (12) Every one who has in his possession any firearm or any
ammunition or explosive substance while he is prohibited from doing so
by any order made pursuant to this section

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

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

   (13) An order made pursuant to subsection (1), (2), (6) of (7) shall

   (a)  specify a reasonable period within which the person against
   whom the order is made may surrender to a police officer or firearms
   officer, to be disposed of as the Attorney General directs, or
   otherwise lawfully dispose of any firearm or any ammunition or
   explosive substance lawfully possessed by that person prior to the
   making of the order, and during which subsection (12) does not apply
   to that person; and

   (b)  state that if that person fails to dispose of the firearm,
   ammunition or explosive substance within the period specified in the
   order, the firearm, ammunition or explosive substance is forfeited to
   Her Majesty and must be surrendered to a police officer or firearms
   officer to be disposed of as the Attorney General directs.


  101. (1)  Whenever a peace officer believes on reasonable grounds
that an offence is being committed or has been committed against any
of the provisions of this Act relating to prohibited weapons, restricted
weapons, firearms or ammunition and that evidence of the offence is
likely to be found on a person, in a vehicle or in any place or
premises other than a dwelling-house, the peace officer may, where the
conditions for obtaining a warrant exist but, by reason of exigent
circumstances, it would not be practicable to obtain a warrant, search,
without warrant, the person, vehicle, place or premises, and may seize
anything by means of or in relation to which that officer believes on
reasonable grounds the offence is being committed or has been
committed.

  (2) Anything seized pursuant to subsection (1) shall be
dealt with in accordance with sections 490 and 491 .

  (3)  For the purposes of this section, "dwelling-house" does not
include a unit that is designed to be mobile other than such a unit
that is being used as a permanent residence.


  102.  (1)  Notwithstanding section 101, a peace officer who finds

  (a)  a person in possession of any restricted weapon who fails then
  and there to produce, for inspection by the peace officer, a
  registration certificate or permit under which he may lawfully
  possess the weapon,

  (b)  a person under the age of sixteen years in possession of any
  firearm who fails then and there to produce, for inspection by the
  peace officer, a permit under which he may lawfully possess the
  firearm, or

  (c)  any person in possession of a prohibited weapon, may, unless
possession of the restricted weapon, firearm or prohibited weapon by
the person in the circumstances in which it is so found is authorized
by any provision of this Part, seize the restricted weapon, firearm or
prohibited weapon.

  (1.1)  A person under the age of eighteen years is
authorized to be in possession of a firearm where

  (a)  the person is under the direct and immediate supervision of
  another person who may lawfully possess the firearm; or

  (b)  the person possesses a permit under which the person may
  lawfully possess the firearm.

  (2) Where a person from whom a restricted weapon, firearm or
prohibited weapon was seized under subsection (1), within fourteen
days after the seizure, claims it and produces for inspection by the
peace officer by whom it was seized, or any other peace officer
having custody thereof, a registration certificate or permit under
which the person from whom the seizure was made is lawfully entitled
to possess the restricted weapon, firearm or prohibited weapon,
the restricted weapon, firearm or prohibited weapon shall forthwith be
returned to that person.

  (3) Where any restricted weapon, firearm or prohibited weapon that
was seized pursuant to subsection (1) is not returned as and when
provided by subsection (2), a peace officer shall forthwith take it
before a provincial court judge who may, after affording the person
from whom it was seized or the owner thereof, if known, an opportunity
to establish that he is lawfully entitled to the possession thereof,
declare it to be forfeited to Her Majesty, whereupon it shall be
disposed of as the Attorney General directs.


  103. (1) Where, on application to a justice made by a peace officer
with respect to any person, the justice is satisfied that there are
reasonable grounds for believing that it is not desirable in the
interests of the safety of that person, or of any other person, that
that person possess, or have custody or control of, any firearm or
other offensive weapon or any ammunition or explosive substance, the
justice may issue a warrant authorizing the search for and seizure of
any firearm or other offensive weapon or any ammunition,
explosive substance, authorization referred to in subsection 90(3.2),
firearms acquisition certificate, registration certificate issued under
section 109 or permit issued under section 110, in the possession,
custody or control of that person.

  (2)  Where, with respect to any person, a peace officer is satisfied
that there are reasonable grounds for believing that it is not
desirable in the interests of the safety of that person, or of any
other person, that that person possess, or have custody or control of,
any firearm or other offensive weapon or any ammunition or explosive
substance, the peace officer may, where the conditions for obtaining a
warrant under subsection (1) exist but by reason of a possible danger
to the safety of that person or any other person, it would
not be practicable to obtain a warrant, search for and seize any
firearm or other offensive weapon or any ammunition, explosive
substance, authorization referred to in subsection 90(3.2), firearms
acquisition certificate, registration certificate issued under section
109 or permit issued under section 110, in the possession, custody or
control of that person.

  (3) A peace officer who executes a warrant referred to in subsection
(1) or who conducts a search without warrant under subsection (2) shall
forthwith make a return to the justice by whom the warrant was issued
or, if no warrant was issued, to a justice by whom a warrant might
have been issued showing

  (a) in the case of an execution of a warrant, the articles, if any,
  seized and the date of execution of the warrant; and

  (b) in the case of a search without warrant, the grounds on which it
  was concluded that the peace officer was entitled to conduct the
  search and the articles, if any, seized.

  (3.1) Where a peace officer who performs a seizure under subsection
(1) or (2) is unable to seize an authorization referred to in
subsection 90(3.2), a firearms acquisition certificate, a registration
certificate issued under section 109 or a permit issued under section
110, the authorization, firearms acquisition certificate, registration
certificate or permit is automatically revoked.

  (4) Where any articles have been seized pursuant to subsection (1) or
(2), the justice by whom a warrant was issued or, if no warrant was
issued, a justice by whom a warrant might have been issued shall, on
application for an order for the disposition of the articles so seized
made by the peace officer within thirty days after the date of
execution of the warrant or of the seizure without warrant, as the case
may be, fix a date for the hearing of the application and direct that
notice of the hearing be given to such persons or in such manner as the
justice may specify.

  (4.1) A justice may proceed to hear and determine an application
under subsection (4) in the absence of the person against whom the
order is sought in circumstances in which a summary conviction court
may, pursuant to Part XXVII, proceed with a trial in the absence of
the defendant as fully and effectually as if the defendant had
appeared.

  (5)  At the hearing of an application under subsection (4), the
justice shall hear all relevant evidence, including evidence respecting
the value of the articles in respect of which the application was made.

  (6) If, following the hearing of an application under subsection (4)
made with respect to any person, the justice finds that it is not
desirable in the interests of the safety of that person or of any other
person that that person should possess, or have custody or control of,
any firearm or other offensive weapon or any ammunition or explosive
substance, the justice may

  (a) order that any or all of the articles seized be disposed of on
  such terms as the justice deems fair and reasonable, and give such
  directions concerning the payment or application of the proceeds, if
  any, of the disposition as the justice sees fit; and

   (b) where the justice is satisfied that the circumstances warrant
   such action,

     (i) order that the possession by that person of any
     firearm or other offensive weapon or any ammunition or explosive
     substance specified in the order, or of all such articles, be
     prohibited during any period, not exceeding five years, specified
     in the order and computed from the day on which the order is made,
     and

     (ii)  order that any firearms acquisition certificate issued to
     the person be revoked and prohibit the person from applying for a
     firearms acquisition certificate for any period referred to in
     subparagraph (i).

  (7)  Any articles seized pursuant to subsection (1) or (2) in
  respect of which

  (a)  no application under subsection (4) is made within thirty days
  after the date of execution of the warrant or of the seizure without
  warrant, as the case may be, or

  (b)  where an application under subsection (4) is made within the
  period referred to in paragraph (a), the justice does not make a
  finding as described in subsection (6) shall be returned to the
  person from whom they were seized.

  (7.1) Where, pursuant to subsection (7), articles are returned to a
person from whom they were seized and an authorization, a firearms
acquisition certificate, a registration certificate or a permit has
been revoked pursuant to subsection (3.1), the justice referred to in
paragraph (7)(b) may order that the revocation be reversed and that the
authorization, firearms acquisition certificate, registration
certificate or permit be restored.

  (8) Where a justice

  (a)  makes an order under subsection (6) with respect to any person,
  that person, or

  (b)  does not make a finding as described in subsection (6) following
  the hearing of an application under subsection (4), or makes the
  finding but does not make an order to the effect described in
  paragraph (6)(a) or to the effect described in paragraph (6)(b), the
  Attorney General may appeal to the appeal court against the making of
  the order, or against the failure to make the finding or to make an
  order to the effects so described, as the case may be, and the
  provisions of Part XXVII except sections 816 to 819 and 829 to 838
  apply, with such modifications as the circumstances require, in
  respect of the appeal.

  (9)  In this section, "appeal court" has the meaning given that
expression in subsection 100(11); "justice" means a justice having
jurisdiction in the territorial division where the person with respect
to whom an application is made under subsection (1) or the person
with respect to whom a search without warrant is made under subsection
(2) resides.

  (10) Every person who possesses any firearm or other offensive weapon
or any ammunition, explosive substance or firearms acquisition
certificate while prohibited from doing so by any order made pursuant
to paragraph (6)(b)

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

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


  104.  (1)  Every one commits an offence who, on finding a
prohibited weapon, restricted weapon or firearm that he has reasonable
grounds to believe has been lost or abandoned, does not with reasonable
dispatch

   (a)  deliver it to a peace officer, a local registrar of firearms or
   a firearms officer, or

   (b)  report to a peace officer, a local registrar of firearms or a
   firearms officer that he has found it.

  (2)  Every one commits an offence who, having lost or mislaid a
restricted weapon for which he has a registration certificate or permit
or having had the weapon stolen from his possession, does not with
reasonable dispatch report to a peace officer or a local registrar of
firearms that he has lost or mislaid the weapon or that the weapon has
been stolen from him.

  (3)  Every one commits an offence who, without lawful excuse, the
proof of which lies on that person,

  (a)  alters, defaces or removes a serial number on a firearm; or

  (b)  possesses a firearm knowing that the serial number thereon has
  been altered, defaced or removed.

  (3.1)  No person is guilty of an offence under paragraph (3)(b) by
reason only of possessing a restricted weapon the serial number on
which has been altered, defaced or removed, where that serial number
has been replaced and a registration certificate has been issued in
respect of the restricted weapon that mentions the new serial number.

  (4)  In proceedings under subsection (3), evidence that a person
possess a firearm the serial number of which has been wholly or
partially obliterated otherwise than through normal use over time is,
in the absence of evidence to the contrary, proof that the person
possesses the firearm knowing that the serial number thereon has been
altered, defaced or removed.

  (5) Every one who contravenes this section

  (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.


  105. (1) Every person who operates a museum approved for the purposes
of this Part by the Commissioner or the Attorney General of the
province in which it is situated, or who carries on a business that
includes

  (a)  the manufacturing, buying or selling at wholesale or
  retail, storing, importing, repairing, modifying or taking in pawn
  of restricted weapons or firearms, or, in the case referred to in
  subsection 95(2), the importing, buying, selling, transferring or
  delivering, at wholesale or retail, of prohibited weapons described in
  paragraph (f) of the definition "prohibited weapon" in subsection
  84(1), or

  (b) the manufacturing, importing or exporting, for a purpose
  that the Governor in Council prescribes by regulation, for the
  purposes of subsection 90(3.1), to be an industrial purpose, of
  prohibited weapons described in paragraph (c), (e) or (f) of the
  definition "prohibited weapon" in subsection 84(1) or components or
  parts thereof, shall meet the requirements set out in subsection (1.1).

  (1.1)  Every person who operates a museum referred to in
subsection 105(1), or who carries on a business described in
paragraph (1)(a) or (b) shall

  (a)  keep records of transactions entered into by that person with
  respect to the prohibited or restricted weapons or firearms or the
  prohibited weapons or the components or parts thereof referred to in
  paragraph (1)(b), as the case may be, in a form prescribed by the
  Commissioner and containing such information as is prescribed by the
  Commissioner,

  (b)  keep an inventory of all the prohibited or restricted weapons or
  firearms, or the prohibited weapons or the components or parts
  thereof referred to in paragraph (1)(b), as the case may be, on
  hand at the location of the museum or at that person's place of
  business;

  (c)  produce the records and inventory for inspection at the request
  of any police officer or police constable or any other
  person authorized by regulations made by the Governor in
  Council pursuant to paragraph 116(1)(a) or (b), as the case may
  be, to enter any place where the museum is located or any place where
  the business described in paragraph (1)(a) or (b), as the case may
  be, is carried on; and 
  
  (d)  mail a copy of the records and
  inventory to the Commissioner or to any person authorized by
  subsection 110(5) to issue a permit to carry on the
  business in accordance with any request in writing made by
  the Commissioner or person so authorized.

  (1.2)  A person who operates a museum referred to in subsection (1)
or who carries on a business described in paragraph (1)(a) or
(b) shall ensure that any person employed in or in connection with the
museum or business whose duties include the handling of firearms or
restricted or prohibited weapons holds a firearms acquisition
certificate.

  (1.3) Notwithstanding subsection (1.2), the Attorney
General of the province in which a manufacturing business
referred to in that subsection is located may designate, for the
purposes of this subsection, any person or class of persons employed in
or in connection with the business, as a person who need not hold
a firearms acquisition certificate for the purposes of
employment.

  (2) A person who

  (a)  operates a museum referred to in subsection (1) or
   carries on a business referred to in paragraph (1)(a) or
  (b), or

  (b)  carries on a business that includes

     (i)  the manufacturing, buying or selling at wholesale or retail
     or importing of ammunition, or

     (ii)  the transportation or shipping of prohibited or restricted
     weapons, firearms or ammunition
     
shall immediately report to a local registrar of firearms or a peace
officer any loss, destruction or theft of any restricted weapon,
firearm or ammunition, or any loss, destruction, theft or transfer of
any prohibited weapon or component or part thereof, that occurs in the
operation of the museum or in the course of business.

  (3) A report made pursuant to subsection (2) shall be in a form
prescribed by the Commissioner and shall be made forthwith after the
loss, destruction or theft occurs or is discovered.

  (4) No person shall carry on a business described in subsection (1)
or subparagraph (2)(b)(i) unless he is the holder of a permit to carry
on that business.

[subsection 105(4) above was repealed and replaced by
the following:]

Permit to carry on business.

  (4) No person shall carry on a business described in paragraph (1)(a)
or (b) unless the person is the holder of a permit to carry on that
business.

  (4.1) A permit referred to in subsection (4) may be issued by
the chief provincial firearms officer to

  (a)  any person who wishes to carry on a business described in
  paragraph (1)(a) or subparagraph (2)(b)(i); or

  (b)  a person designated by the Attorney General of the province in
  which the business is or is to be carried on, and who is a member of
  a class of persons who require a prohibited weapon described in
  paragraph (c), (e) or (f) of the definition "prohibited weapon" in
  subsection 84(1) or parts thereof for a purpose that the Governor in
  Council prescribed by regulation to be an industrial purpose,

and who applies for such a permit using the form prescribed by the
Commissioner

  (5) Where a person operates a museum referred to in subsection (1),
or carries on a business described in paragraph (1)(a) or (b) or in
subparagraph (2)(b)(i), at more than one location, each location
shall be deemed for the purposes of this section and regulations made
pursuant to paragraphs 116(1)(a) to (c) to be a separate museum or
business

  (6)  No person shall, in the course of operating a museum
referred to in subsection (1) or of carrying on a business
described in paragraph (1)(a) or (b) or in subparagraph (2)(b)(i),

  (a)  handle, store, display or advertise any restricted weapon,
  firearm or ammunition in a manner that contravenes any regulation
  made pursuant to paragraph 116(1)(a); or

  (b)  sell by mail-order any restricted weapon, firearm or
  ammunition in a manner that contravenes any regulation made
  pursuant to paragraph 116(1)(c)

  (6.1)  No person shall, in the course of carrying on a business
described in paragraph (1)(b), handle or store any prohibited
weapon referred to in that paragraph or any component or part thereof
in a manner that contravenes any regulation made by the Governor
in Council pursuant to paragraph 116(1)(a.1)

  (7)  No person shall, in the course of operating a museum referred to
in subsection (1) or of carrying on a business described in paragraph
(1)(a) or (b) or paragraph (2)(a) or (b), knowingly handle, ship, store
or transport any firearm or ammunition, or any prohibited weapon
referred to in paragraph (1)(b) or any component or part thereof, in a
manner that contravenes any regulation made by the Governor in Council
pursuant to paragraph 116(1)(d)

  (8)  Every one who contravenes subsection (1), (2), (4), (6),
(6.1) or (7)

  (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.


  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 relating 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.

[paragraph 106(2)(c) (above) was repealed and replaced with 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.

[section 106 amended by adding the following immediately after
subsection 106(2).]

  (2.1) Where a firearms officer certifies that an applicant is
competent for the purposes of subparagraph 106(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 been 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 been 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 behaviour 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 of the 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 by a firearms officer under this section
shall he accompanied by a copy or an extract of the provisions of this
section and of subsections 100(5) to (13)

  (7)  On receipt by a firearms officer, within the time provided in
subsection (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 officer shall forthwith comply with
that request

  (8)  An application for a firearms acquisition certificate 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 application 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 of the 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 subsection ( 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 subsection (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).


  107. (1) Notwithstanding subsection 106(2), the Governor in Council
may make regulations prescribing the persons, other than individuals,
or classes of such persons to which firearms acquisition certificates
may he issued, and subsections 106(1), (5) to (7), (9) to (11) and (13)
to (20) apply, with such modifications as the circumstances require, in
respect of firearms acquisition certificates issued to such persons.

  (2)  An application for a firearms acquisition certificate by a person
or a member of a class of persons prescribed pursuant to subsection (1)
shall be made to a firearms officer in a form prescribed by the
Commissioner


  108.  The Minister of Justice of Canada, with the approval of the
Governor in Council, may enter into agreements with the governments of
the provinces for the coordination, to the maximum extent possible, of
the administration of sections 106, 107, 109, 109.1 and 110 with the
administration by provinces of provincial laws and programs relating to
game hunting, firearms competency testing and firearms safety
training.


  109.  (1)  An application for a registration certificate in
respect of a restricted weapon shall be in a form prescribed by the
Commissioner and shall be made to a local registrar of firearms

  (2)  On receiving an application for a registration certificate, a
local registrar of firearms may issue a permit under subsection 110(4)
authorizing the applicant to convey the weapon to him for examination

  (3)  A registration certificate may be issued only where a local
registrar of firearms indicates on the copy of the application for the
certificate that is sent to the Commissioner pursuant to subsection (5)
that

  (a)  the applicant for the certificate is the holder of a firearms
  acquisition certificate and is eighteen or more years of age, and

  (b)  the restricted weapon to which the application relates bears
  a serial number sufficient to distinguish it from other restricted
  weapons or, in the case of an antique firearm that does not bear such
  a serial number, it is accurately described in the application,

and further that the restricted weapon to which the application relates

  (c)  is required by the applicant

     (i)  to protect life,

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

     (iii)  for use in target practice under the auspices of a
     shooting club approved for the purposes of this section by the
     Attorney General of the province in which the premises of the
     shooting club are located or by an agent specially designated by
     that Attorney General in writing for the purpose of this
     subsection, or

     (iv)  for use in target practice in accordance with conditions
     proposed to be attached to the permit to be issued in respect
     of the restricted weapon under subsection 110(1).

  (d)  will form part of a gun collection of the applicant who is a
  genuine gun collector and who has complied with any regulations
  relating to the secure storage of, and the keeping of records
  respecting, restricted weapons made pursuant to subsection 116(1),
  or

  (e) is or is deemed pursuant to paragraph 116(f) to be a relic for
  the purposes of this Part.

  (4)  A registration certificate may only be issued in respect of a
restricted weapon described in paragraph (c) of the definition
"restricted weapon" in subsection 84(1) where a local registrar of
firearms, in addition to the matters referred to in subsection (3),
indicates on the copy of the application that is
sent to the Commissioner pursuant to subsection (5) that the restricted
weapon will form part of a gun collection of the applicant who is a
genuine gun collector whose collection includes one or more restricted
weapons described in that paragraph.

   (4.1)  A registration certificate may only be issued in respect of a
restricted weapon described in paragraph (c.1) of the definition
"restricted weapon" in subsection 84(1) where a local registrar of
firearms, in addition to the matters referred to in subsection (3),

   (a) indicates on the copy of the application that is sent to the
   Commissioner pursuant to subsection (5) that the restricted weapon
   will form part of a gun collection of the applicant who is a
   genuine gun collector whose collection includes one or more
   restricted weapons described in that paragraph; and

   (b)  describes on the copy referred to in paragraph (a) all
   alterations that have been made to the restricted weapon to enable
   it to fire only one projectile with one pressure of the trigger

  (4.2) Where the description of the alterations referred to in
paragraph (4.1)(b) changes in respect of a restricted weapon, the
restricted weapon registration certificate issued in respect of the
weapon is automatically revoked and the holder of that certificate
shall immediately apply for a new registration certificate in respect
of the weapon.

  (3)  Notwithstanding anything in this Act, no registration
certificate may be issued in respect of a restricted weapon described
in paragraph (c.1) of the definition "restricted weapon" in subsection
84(1) to a person who did not lawfully possess such a restricted weapon
at the time of the coming into force of this subsection

  (5)  The local registrar of firearms by whom an application for a
registration certificate is received shall

  (a)  send one copy thereof to the Commissioner,

  (b)  deliver one copy thereof to the applicant for the certificate;
  and

  (c)  retain one copy thereof

  (6)  Where a local registrar of firearms to whom an
application for a registration certificate is made has notice of any
matter that may render it desirable in the interests of the safety of
the applicant or any other person that the applicant should not possess
a restricted weapon, he shall report that matter to the Commissioner
and he may, if the restricted weapon is conveyed to him for
examination, hold the weapon pending the final disposition of the
application for a registration certificate in respect thereof.

  (7) On receiving an endorsed copy of an application for a
registration certificate, the Commissioner shall, subject to
subsections (3) and (4) and section 112, register the restricted
weapon described in the application and issue a restricted weapon
registration certificate therefor to the applicant, in such form as
the Commissioner may prescribe, indicating thereon the place
at which the holder of the certificate is thereby entitled to possess
the restricted weapon.

  (8) No place other than the usual dwelling-house of the applicant for
a registration certificate or his ordinary place of business may be
indicated on the registration certificate as the place at which the
holder of the certificate is thereby entitled to possess the restricted
weapon to which the certificate relates.


  109.1  Notwithstanding paragraphs 109(3)(a) and (d), the
Governor in Council may make regulations prescribing the persons,
other than individuals, or classes of such persons, to which restricted
weapon registration certificates may be issued, and subsections 109(1)
to (3) and (5) to (8) apply, with such modifications as the
circumstances require, in respect of registration certificates issued
to such persons.


  110.  (1)  A permit that authorizes a person to possess a
particular restricted weapon, whether or not that person is the person
mentioned in the registration certificate issued in respect of the
weapon, elsewhere than at the place at which the person is otherwise
entitled to possess it, as indicated on the registration certificate
issued in respect thereof, may be issued by the Commissioner, the
Attorney General of a province, a chief provincial firearms officer or a
member of a class of persons that has been designated in writing for
that purpose by the Commissioner or the Attorney General of a province,
and remains in force until the expiration of the period for which it is
expressed to be issued, unless it is revoked before that expiration.

  (2)  A permit described in subsection (1) may be issued only where
the person authorized to issue it is satisfied that the applicant
therefor requires the restricted weapon to which the application
relates

  (a)  to protect life;

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

  (c)  for use in target practice under the auspices of a shooting club
  approved for the purposes of this section by the Attorney General of
  the province in which the premises of the shooting club are located;
  or

  (d)  for use in target practice in accordance with the conditions
  attached to the permit.

  (2.1)  A permit may be issued by a person authorized to issue a
permit under subsection (1) that authorizes a person who does not
reside in Canada to possess and carry between the places
specified in the permit a restricted weapon described in the
permit for use in a target shooting competition that is held under the
auspices of a shooting club referred to in subparagraph 109(3)(c)(iii),
and remains in force until the expiration of the period for which it is
expressed to be issued, unless it is revoked before that expiration.

  (3)  A permit to transport a restricted weapon from one place to
another place specified therein may he issued by a local registrar of
firearms to any person who is required to transport that weapon by
reason of a change of residence or for any other bona fide
reason, and shall remain in force until the expiration of the period
for which it is expressed to he issued, unless it is sooner revoked.

  (3.1)  A permit that authorizes a holder of a registration
certificate in respect of a restricted weapon to temporarily store the
restricted weapon elsewhere than at the place at which that holder is
otherwise entitled to possess it may be issued by a local registrar of
firearms jointly to the holder and an individual under whose control
the restricted weapon is to he stored.

  (3.2) A permit described in subsection (3.1) shall describe the
restricted weapon in respect of which it is issued, shall specify the
place at which that restricted weapon is to he stored and shall
authorize, in addition to the storage of the weapon, either person
named in the permit to transport the restricted weapon, prior to the
beginning of the period of storage, to the place where it is to be
stored and, after the end of the period of storage; to the place at
which the holder of the restricted weapon registration certificate in
respect of the restricted weapon is entitled to possess that restricted
weapon.

  (3.3) A permit described in subsection (3.1) shall remain in force
until the expiration of the period, not exceeding one year, for which
it is expressed to be issued, unless it is revoked before that
expiration, but either the holder of the registration certificate in
respect of the restricted weapon in respect of which the permit is
issued or the individual under whose control the restricted weapon is
stored may apply to the local registrar of firearms for renewal of the
permit.

  (4)  A permit authorizing an applicant for a registration certificate
to convey the weapon to which the application relates to a local
registrar of firearms may be issued by a local registrar of firearms
and shall remain in force until the expiration of the period for which
it is expressed to be issued, unless it is sooner revoked.

  (5) A permit to carry on a business described in paragraph 105(1)(a)
or (b) or subparagraph 105(2)(b)(i) may be issued by the
Commissioner, the Attorney General or the chief provincial firearms
officer of the province where the business is or is to be carried on or
by any person whom the Commissioner or the Attorney General designates
in writing for that purpose, the fee payable on application for such a
permit is the fee prescribed by regulation, and the permit remains in
force until the expiration of the period, not exceeding one year, for
which it is expressed to be issued, unless it is revoked before
that expiration.

  (6) A permit to possess a firearm, other than a restricted weapon,
may be issued by a firearms officer to a person under the age of
eighteen years who hunts or traps as a way of life if the firearms
officer is satisfied that the person needs to hunt or trap in order to
sustain the person or the person's family and the application for the
permit includes a consent to the issuance of the permit signed by a
parent of the applicant or, if a consent by a parent cannot be obtained
because of the death of both parents or for any other reason it is not
practicable or desirable in the opinion of the firearms officer to whom
the application is made to obtain a parent's consent, a person having
custody or control of the applicant.

  (7) A permit authorizing a person who is twelve or more years of age
but under the age of eighteen years to possess a firearm, other than a
restricted weapon, may be issued by a firearms officer if the firearms
officer is satisfied that the applicant therefor requires such a permit
in order to enable the applicant to possess a firearm for the
purpose of target practice, game hunting or instruction in the use
of firearms in accordance with conditions for supervision attached to
the permit signed by a parent of the applicant or, if a consent by a
parent cannot be obtained because of the death of both parents or for
any other reason it is not practicable or desirable in the opinion of
the firearms officer to whom the application is made to obtain a
parent's consent, a person having custody or control of the applicant.

  (8)  A permit mentioned in subsection (6) or (7) shall remain in
force until

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

  (b)  the person to whom it is issued attains the age of eighteen
years, whichever first occurs, unless it is sooner revoked.

  (9)  Permits mentioned in subsections (1), (2.1), (3), (3.1),
(4), (6) and (7) shall be issued without payment of a fee, but no
permit mentioned in subsection (5) may be issued unless the application
therefor is accompanied by the fee prescribed by regulation.

  (10) No permit, other than

  (a) a permit for the possession of a restricted weapon for use as
  described in paragraph (2)(c),

  (b) a permit to transport a restricted weapon from one place to another
  place specified therein as mentioned in subsection (3),

  (b.1) a permit that authorizes a person who does not reside in Canada
  to possess and carry a restricted weapon for use in a target shooting
  competition as mentioned in subsection (2.1),

  (b.2)  a permit that authorizes a holder of a registration
  certificate in respect of a restricted weapon to temporarily store
  the restricted weapon elsewhere than at the place at which that
  holder is otherwise entitled to possess it, as mentioned in
  subsection (3.1), or

  (c)  a permit authorizing an applicant for a registration certificate
  to convey the weapon to which the application relates to a local
  registrar of firearms as mentioned in subsection (4),

is valid outside the province in which it is issued unless it is
issued by the Commissioner or a person designated in writing by him and
authorized in writing by him to issue permits valid outside the
province and is endorsed for the purposes of this subsection by the
person who issued it as being valid within the provinces indicated
therein.

  (11)  Every permit shall be in a form prescribed by the
Commissioner, but any person who is authorized to issue a permit
relating to any restricted weapon, firearm or ammunition may attach to
the permit any reasonable condition relating to the use, carriage,
possession, handling or storage of weapons or ammunition that he deems
desirable in the particular circumstances and in the interests of the
safety of the applicant therefor or any other person.


  111. The Minister of Justice of Canada, with the approval of the
Governor in Council, may enter into agreements with the governments of
the provinces providing for payments by Canada to the provinces in
respect of costs actually incurred by the provinces in the
administration of sections 105, 106 and 107 and subsection 110(5).


  112. (1) A Registration certificate may be revoked by the
  Commissioner.

  (2) A permit may be revoked by any person who is authorized to issue
such a permit.

  (2.1) An authorization referred to in subsection 90(3.2) may be
revoked by a local registrar of firearms.

  (3)  The Commissioner may refuse to issue a registration certificate
where he has notice of any matter that may render it desirable in the
interests of the safety of the applicant therefor or any other person
that the applicant should not possess a restricted weapon.

  (4)  Any person who is authorized to issue a permit under any of
subsections 110(2.1) to (7) may refuse to issue such a permit where
that person has notice of any matter that may render it desirable
in the interests of the safety of the applicant therefore or any
other person that such a permit should not be issued to the applicant.

  (5)  Where a registration certificate or a permit is revoked or a
firearms acquisition certificate is revoked pursuant to subsection
100(7.1) or 103(3.1) or subparagraph 103(6)(b)(ii) or the issue of
any registration certificate or permit is refused under this section,
the person by whom it is revoked or by whom its issue is refused
shall give notice to the holder of the registration certificate,
permit or firearms acquisition certificate or the applicant therefor,
as the case may be, in writing, of the revocation or refusal and of the
reasons therefor and shall include in the notification a copy or an
extract of the provisions of this section.

  (6)  A notice under subsection (5) shall

  (a)  specify a reasonable period within which the person affected by
  the revocation or refusal may surrender to a police officer or
  otherwise lawfully dispose of any restricted weapon, firearm or
  ammunition in respect of which the notice applies, and during which
  that person is not liable to prosecution by reason only that the
  person possesses the restricted weapon, firearm or ammunition during
  that period of time; and

  (b)  state that if that person fails to dispose of the restricted
  weapon, firearm or ammunition within the period specified in
  the notice, the restricted weapon, firearm or ammunition is
  forfeited to Her Majesty and must be surrendered to a police officer
  or firearms officer to be disposed of as the Attorney General
  directs.

  (7)  Where an appeal is taken under subsection (8), the period of time
referred to in subsection (6) does not commence until that appeal is
finally disposed of

  (8) A person who feels himself aggrieved by

  (a)  any action or decision taken under this section, or

  (b)  the failure of a local registrar of firearms to indicate on the
  copy of an application for a registration certificate that is
  sent by him to the commissioner pursuant to subsection 109(5),
  any of the matters referred to in subsections 109(3) and (4) that is
  applicable in respect of the application,
  
may, within thirty days from the day on which he was notified of the
action or decision or became aware of the failure, unless before or
after the expiration of that period further time is allowed by a
provincial court judge, appeal to a provincial court judge from the
action, decision or failure by filing with the provincial court judge a
notice of appeal, setting out with reasonable certainty the action,
decision or failure complained of and the grounds of appeal, together
with such further material as the provincial court judge may require.

   (9)  A copy of any notice of appeal filed with a provincial court
judge under subsection (8) and of any further material required to be
filed therewith shall be served within fourteen days of the filing of
the notice, unless before or after the expiration of that period
further lime is allowed by a provincial court judge, on the person who
took the action or decision or who was responsible for the failure
being appealed from or on such other person as the provincial court
judge may direct.

  (10) For the purposes of an appeal under subsection (8), the
appellant is a competent and compellable witness.

  (11)  On the hearing of an appeal under subsection (8), the
provincial court judge may

  (a) dismiss the appeal; or

  (b) allow the appeal and

     (i) cancel the revocation of the registration certificate, permit
     or firearms acquisition certificate or direct that a
     registration certificate or permit be issued to the applicant
     therefore, as the case may be, or

     (ii) direct that a registration certificate be issued
     notwithstanding the failure referred to in paragraph (8)(b).

  (12) A provincial court judge shall dispose of an appeal under
subsection (8) heard by him by dismissing it unless the
applicant establishes to the satisfaction of the provincial
court judge that a disposition referred to in paragraph (11)(b)
is warranted.

  (13)  Where the provincial court judge

  (a)  dismisses an appeal under subsection (11), the
  appellant, or

  (b)  allows an appeal under subsection (11),

     (i) the Attorney General of Canada or counsel instructed by him
     for the purpose, if the person who took the action or
     decision or who was responsible for the failure referred to in
     paragraph (8)(b) that was appealed from to the provincial
     court judge was the Commissioner or a local registrar of
     firearms appointed by him, or

     (ii)  the Attorney General or counsel instructed by him for the
     purpose, in any other case,
     
may appeal to the appeal court against the dismissal or against the
allowing of the appeal, as the case may be, and the provisions of Part
XXVII except sections 816 to 819 and sections 829 to 838 apply, with
such modifications as the circumstances require, in respect of that
appeal.

  (14)  In this section, "appeal court" has the meaning given that
expression in subsection 100(11); "provincial court judge" means a
judge having jurisdiction in the territorial division where the person
who feels himself aggrieved as described in subsection (8) resides.


  113. (1)  Every one who, for the purpose of procuring a firearms
acquisition certificate, registration certificate or permit for himself
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 firearms
acquisition certificate, registration certificate or permit

  (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.

  (2)  Every one who, without lawful excuse, the proof of which lies on
him, alters, defaces or falsifies a firearms acquisition
certificate, registration certificate or permit

  (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.

  (3) Every one who, without lawful excuse, fails to comply with any
condition of a permit held by him

  (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.

  (4) Every one who,

  (a)  being a holder of a registration certificate, permit or firearms
  acquisition certificate that is revoked in accordance with this Part,
  or

  (b) being a person against whom an order prohibiting possession of
  any firearm or ammunition is made under section 100 or paragraph
  103(6)(b), or being prohibited by a condition of a probation
  order referred to in paragraph 737(2)(d) from having a firearm in
  his possession, fails to deliver up the registration certificate or
  permit or, in a case described in paragraph (b), any firearms
  acquisition certificate, registration certificate or permit held by
  him, to a peace officer, a local registrar of firearms or a firearms
  officer forthwith after the revocation or the making of the order or
  probation order is guilty of an offence punishable on summary
  conviction.


  114. (1) The Commissioner shall cause a registry to be maintained
in which shall be kept a record of

  (a) every registration certificate that is issued under section 109;

  (b) every registration certificate that is revoked under subsection
  112(1);

  (c) every application for a registration certificate that is
  refused under subsection 112(3);

  (d) every permit issued under subsection 110(5) that is revoked
  under subsection 112(2);

  (e) every application for a permit under subsection 110(5) that is
  refused under subsection 112(4);

  (f) every application for a firearms acquisition certificate that
  is refused;

  (g) every prohibition order made under section 100 or paragraph
  103(6)(b); and

  (h) every probation order to which a condition referred to in
  paragraph 737(2)(d) is attached.

  (2) Each person by whom

  (a) a firearms acquisition certificate or permit is issued,

  (b) a permit is revoked, or

  (c) an application for a permit is refused,

shall submit such information in relation thereto at such time and in
such form as is prescribed by the regulations for the purpose of
enabling the Commissioner to compile the reports referred to in section
117.

  (3) Every firearms officer by whom an application for a firearms
acquisition certificate is refused, every person by whom an application
for a permit under subsection 110(5) is refused or by whom a permit
issued under that subsection is revoked, every court, judge, justice or
provincial court judge that makes a prohibition order under section 100
or paragraph 103(6)(b) and every court that prescribes as a condition
of a probation order a condition referred to in paragraph 737(2)(d)
shall forthwith cause the Commissioner to be notified thereof.


  115.  (1)  Where, in any proceedings under any of sections 85 to 113,
any question arises as to whether a person is or was the holder of
a firearms acquisition certificate, registration certificate or
permit, the onus is on the accused to prove that that person is or
was the holder of the firearms acquisition certificate, registration
certificate or permit.

  (2) In any proceedings under any of sections 85 to 113, a document
purporting to be a firearms acquisition certificate, registration
certificate or permit is evidence of the statements contained therein.


  116. (1) The Governor in Council may make regulations

  (a)  regulating the handling, secure storage, display and
  advertising of restricted weapons, firearms and ammunition by
  persons operating museums described in subsection 105(1) or
  carrying on businesses described in paragraph 105(1)(a) or
  subparagraph 105(2)(b)(i) and providing authority for police
  officers and police constables and members of any other class of
  persons designated for the purposes of a province by the Attorney
  General of that province to enter any place at which the museum is
  located or where any such business is carried on, at any time during
  ordinary business hours, for the purpose of inspecting the secure
  storage facilities therein and the manner in which restricted
  weapons, firearms and ammunition are handled and displayed in the
  course of the business;

  (a.1)  regulating the handling and secure storage or prohibited
  weapons or components or parts thereof referred to in paragraph
  105(1)(b) by persons carrying on businesses described in that
  paragraph, and providing authority for police officers and police
  constables and members of any other class of persons designated for a
  province by the Attorney General of that province to enter any place
  where any such business is carried on, at any time during ordinary
  business hours, for the purpose of inspecting the secure storage
  facilities therein and the manner in which such prohibited weapons
  and components or parts thereof are handled in the course of the
  business;

  (b) regulating the handling, secure storage and display of
  weapons by operators of and persons employed in museums approved for
  the purposes of this Part by the Commissioner or the Attorney General
  of the province in which they are situated;

  (c)  regulating the mail-order sale of restricted weapons,
  firearms and ammunition by persons carrying on businesses
  described in paragraph 105(1)(a) or subparagraph 105(2)(b)(i);

  (d)  providing for the secure handling, shipping, storage and
  transportation of firearms and ammunition, and prohibited weapons and
  components or parts thereof referred to in paragraph 105(1)(b), by
  persons engaged in businesses that include the transportation of
  goods;

  (e)  prescribing the fees to be paid to Her Majesty in right of
  Canada on application for certificates mentioned in section 106 or
  107 or for permits mentioned in subsection 110(5);

  (f)  prescribing classes of firearms that shall be deemed to be
  relics for the purposes of this Part;

  (g)  respecting the storage, display, handling and transportation of
  firearms;

  (h)  authorizing the destruction, at such times as are
  specified in the regulations, of such records and inventories that
  are required by the provisions of this Part to be maintained as are
  designated in the regulations; and

  (i)  prescribing anything that is, by any provision of this Part,
  required to be prescribed by the regulations.

  (2) The Minister of Justice shall lay or cause to be laid before each
House of Parliament, at least thirty sitting days before its
effective date, every regulation that is proposed to be made under
subsection (1) and every appropriate committee as determined by the
rules of each House of Parliament may conduct enquiries or public
hearings with respect to the proposed regulation and report its
findings to the appropriate House.

  (3)  For the purposes of this section, "sitting day" means, in
respect of either House of Parliament, a day on which that House sits.

  
  117. The Commissioner shall, within five months after the end of each
year and at such other times as the Solicitor General of Canada may, in
writing, request, submit to the Solicitor General a report, in such
form and setting forth such information as the Solicitor General
may direct, with regard to the administration of the provisions of
this Part respecting firearms acquisition certificates, registration
certificates and permits and the information contained in the registry
maintained pursuant to section 114, and the Solicitor General shall
cause each report to be laid before Parliament on any of the first
fifteen days on which Parliament is sitting after the Solicitor General
receives it.


494. (1) Any one may arrest without warrant
 
(a) a person whom he finds committing an indictable offence; or
 
(b) a person who, on reasonable grounds, he believes
 
(i) has committed a criminal offence, and
 
(ii) is escaping from and freshly pursued by persons who have lawful authority
to arrest that person.
 
Arrest by owner, etc., of property
 
(2) Any one who is
 
(a) the owner or a person in lawful possession of property, or
 
(b) a person authorized by the owner or by a person in lawful possession of
property,
 
may arrest without warrant a person whom he finds committing a criminal offence
on or in relation to that property.
 
Delivery to peace officer
 
(3) Any one other than a peace officer who arrests a person without warrant
shall forthwith deliver the person to a peace officer.
 
R.S., c. C-34, s. 449;  R.S., c. 2(2nd Supp.), s. 5.