Many thanks go to ggallant@oncomdis.on.ca for taking the time to scan this in and spelling check it. LS217 E was written by William C. Bartlett, Parliamentary Researcher, Law and Goverment Division, Research Branch, Library of Parliament. This document is subject to revision. LS217 E 6 March 1995 TABLE OF CONTENTS BACKGROUND ..........................................................1 Description AND ANALYSIS ............................................3 A. The Basic Regulatory Scheme .....................................3 1. Meaning of Terms................................................3 2. Licensing.......................................................4 a. Summary of the Primary Effects of the Proposed Requirements... 4 b. Basic Eligibility..............................................5 c. Application, Investigation, Issuance, Term and Renewal.........6 d. Revocation.....................................................7 e. Appeals in Licence Matters.....................................8 f. Minors.........................................................8 3. Registration....................................................8 4. Transfers and Lending..........................................10 5. Offences Involving Licenses and Registration...................11 a. Under the Proposed Firearms Act...............................11 b. Under the Amended Criminal Code...............................12 6. Regulation-Making Powers.......................................13 7. Appeal Provisions for Refusals or Revocations..................15 8. Businesses.....................................................15 9. Exportation and Importation....................................16 10. Inspection Powers..............................................17 11. Shooting Clubs and Ranges......................................18 12. Genuine Gun Collectors.........................................19 13. Ammunition.....................................................19 14. Cross-bows.....................................................20 B. Particular Controls on Prohibited and Restricted Firearms and Other Weapons...............................................20 1. Definitions of the Classes.....................................20 a. General Effect of the Proposed Changes........................20 b. Prohibited Firearms...........................................21 c. Restricted Firearms...........................................21 d. Prohibited Weapons, Restricted Weapons, Prohibited Devices, and Prohibited Ammunition..................................22 e. Prohibited Firearms Available to Individuals..................23 f. Former Relics.................................................24 ii 2. Permitted Uses for Restricted and Prohibited Firearms..........24 a. Restricted Firearms and Grandfathered Handguns................24 b. Prohibited Firearms Other Than Grandfathered Handguns.........28 3. Transportation of Restricted and Prohibited Firearms...........29 4. Possession of Prohibited or Restricted Firearms With Ammunition31 C. Other Offences and Penalties in the Criminal Code................31 1. Existing Offences..............................................31 2. Section 85- Use of a Firearm in the Commission of an Offence...32 3. Offences Relating to the Regulatory Scheme.....................32 4. Offences Involving the Theft, Traffic, or Smuggling of Weapons.33 a. Possession of Stolen or Smuggled Weapons......................34 b. Trafficking Offences .........................................34 c. Assembling Automatic Firearms.................................34 d. Smuggling.....................................................35 5. Minimum Four-Year Terms for Serious Offences ..................35 6. Prohibition Orders ............................................36 7. Exempt Persons.................................................37 LIBRARY OF PARLIAMENT BIBLIOTHEQUE DU PARLEMENT BILL C-68: AN ACT RESPECTING FIREARMS AND OTHER WEAPONS Bill C-68 was given first reading in the House of Commons on 14 February 1995. It would extensively amend Part III of the Criminal Code, dealing with firearms and Other Offensive Weapons," and would create a new statute entitled the "Firearms Act. ~ Related and consequential amendments to other parts of the Criminal Code, as well as to other statutes, including the Criminal Records Act, the Customs Tariff, the Explosives Act, the Export and Import Permits Act, the National Defence Act, and the Young Offenders Act also form part of the bill. BACKGROUND The provisions of Part m of the Criminal Code are often referred to as the gun control laws, " although they also deal with offensive weapons such as knives and other devices. These provisions were last amended by Bill C-17, which received Royal Assent as S.C. 1991, c.40 on 5 December 1991, and most of the changes came into effect in 1992. -Those amendments dealt almost entirely with firearms control, and added significantly to all of the elements of that system. An amendment bill was already being drafted before 1989, but the issue was given sudden impetus when the massacre at the Ecole Polytechnique on 6 December 1989 dramatically raised public concerns about firearms. Prior to this, the last major round of amendments had taken place in 1977. Public concern has remained high, and further gun control measures were promised during the 1993 election campaign in the Liberal Party's "Red Book." Bill C-68 is the fulfilment of those promises, and of more substantial proposals made since then by the Minister of Justice and the Prime Minister. Several high-profile murders involving guns, and a generally growing demand among the majority of the Canadian public for more control of guns, gave impetus to those developments. Bill C-68 would change the system for controlling firearms and other weapons more substantially than the packages of amendments made in either 1977 or 1991, and perhaps more substantially than any previous round of amendments in the history of Canadian gun control laws. After its implementation, anyone who wished to possess any firearm, including those acquired before the new scheme was introduced, would require a licence, and every firearm a licence-holder possessed would have to be registered. The categories of prohibited weapons, restricted weapons and non-restricted firearms would be changed and expanded by the addition of several additional classes. Criminal penalties would be substantially increased, and would include four-year minimum sentences when firearms were used in the commission of certain serious violent offences. Moreover, the Bill would completely reorganize the gun control system, putting provisions of a regulatory type in the proposed new Firearms Act, while leaving the criminal penalties in Part 111 of the Criminal Code. It would also reorganize the classification of firearms and other weapons, and the means by which controls are imposed on their acquisition, possession, use, and transportation. The three pillars of the existing system~') - controls on access, controls on particular kinds of firearms, and criminal penalties - would continue to exist, but their forms would change. In particular, much of the balance of the system would shift to controls focusing directly on persons, rather than on kinds of firearms. Because of the length and complexity of Bill C-68 (124 pages, 186 clauses), and because the bill would substantially reorganize the current system, this summary is organized by topic, rather than clause by clause. The first 129 clauses would establish the 112 sections of the proposed Firearms Act, and the consequential transitional provisions, and references to this part of the Bill will be to clauses. Clause 133 would replace all of the provisions of Part 111 of the Criminal Code, and clauses 134 to 151 would amend other sections of the Code: references to this part of the Bill will be to the proposed new or amended sections of the Code. Page references throughout are to the Bill. (I) For a summary of the current system ,see William Bartlett, Gun Control Law in Canada, BP-378, April 1994, Research Branch, Library of Parliament. DESCRIPTION AND ANALYSIS A. The Basic Regulatory Scheme 1. Meaning of Terms Under the current system, firearms are divided into three basic classifications prohibited weapons, restricted weapons and "non-restricted firearms. Prohibited weapons are defined in section 84 of the Criminal Code. The definition includes guns such as fully-automatic firearms and sawn-off rifles and shotguns, and also switchblades and a large array of other weapons, mostly martial arts devices. Restricted weapons are also defined in section 84, and over 90% of them are handguns, with some military-style long guns making up the balance of the classification. ~Non-restricted" firearms, hunting and target-shooting rifles and shotguns, are not defined in the Code, and simply comprise any firearm which is neither a prohibited nor a restricted weapon. Bill C-68 would create a new regulatory system based on realigned classifications for both firearms and other weapons, with the relevant definitions to be found in the amended Part m of the Criminal Code. The terms "prohibited weapon" and "restricted weapons would continue to be used, but they would have different meanings. "Firearms" would be divided into "prohibited firearms," non-restricted firearms, and what in this summary will be referred to as "regular" firearms. There would also be a hybrid class of prohibited but grandfathered handguns, defined as prohibited firearms but treated for most purposes in the same manner as restricted firearms. "Prohibited weapons" would apply only to non-firearm weapons such as switchblades. "Restricted weapons" would become a new class of weapons, excluding firearms, which would be prescribed by regulation. The scheme would also deal with "prohibited devices," such as silencers and large-capacity magazines, "ammunition," "prohibited ammunition," and cross-bows. When the Bill refers to firearms, it means all guns, including regular firearms, restricted firearms and prohibited firearms, unless the particular reference is to prohibited or restricted firearms, or to the hybrid class of handguns. To aid in understanding the Bill, the summary will, unless the context makes it unnecessary, refer to the various classes of guns rather than simply using the term firearm, as does the Bill, to refer to all of the classes. 2. Licensing a. Summary of the Primary Effects of the Proposed Requirements The Bill, once fully implemented, would require everyone in possession of a firearm to have a licence, except for police officers, members of the Canadian Forces, and other exempted "public officers", while engaged in their duties. Under the current system no one is required to have a licence to possess a regular firearm (except for minors' permits), although those acquiring new firearms of any kind must have a firearms acquisition certificate ("FAC"s). The current restricted weapons system serves as a type of licensing system for the possession of handguns and restricted long guns, but it is based on the required possession of a separate registration certificate for each firearm, rather than a general licence to possess restricted firearms. Prohibited but grandfathered firearms are now deemed to be restricted weapons in the hands of those eligible to possess them, and are subject to the same controls as other restricted weapons. Under the proposed system, most individuals could obtain a licence to possess a regular firearm or a restricted firearm, but those who wished to possess restricted firearms would have to satisfy a different safety course requirement. Individuals would only be eligible for a licence to possess prohibited firearms if the firearms were in one of the grandfathered classes and the individuals were "grandfathered" owners within that class. Businesses that were involved in prescribed activities could also be licensed to possess prohibited firearms, as well as prohibited weapons, devices and ammunition. The federal and provincial governments, and any police force, could possess, without a licence, any firearm, weapon, device, or ammunition, including those in the prohibited or restricted classes. A licence would also be required to purchase a crossbow. Individuals would require a firearms licence or another prescribed document in order to purchase ammunition, and businesses would need a licence in order to possess ammunition. All licences would have to be periodically renewed. Generally, licences would be renewed if the licence-holder was still eligible for the issuance of such a licence. In the case of restricted firearms the licence-holder would be required to show that the firearm was still being used for the purpose for which it was acquired. In most cases this would mean target shooting at an approved shooting club or range, or the maintenance of a gun collection by a person who fitted the criteria required of a collector. Transitional provisions would mean that firearms acquisition certificates would be deemed to be licences. Those without FACs, either because their guns had been obtained before the requirement went into effect, or because their FAC had expired, would also be deemed to have a licence until I January 2001. After that date a licence issued under the proposed Firearms Act would be required for legal possession of a firearm. b. Basic Eligibility Clause 5 (page 5) would set out the basic eligibility rules for licences. Licences would be available to "persons," which means both individuals and corporate entities. While the rules would be somewhat similar to those which now apply to eligibility for an FAC, there would be some significant differences. The general test for eligibility for a licence would continue to be based on a threat to public safety, as the sidebar to clause 5(1) indicates. The clause would use the same words as the present FAC issuance provision, section 106 of the Criminal Code, but the proposed provision might make the discretionary nature of the judgement somewhat clearer. Clause 5(1) deals with the eligibility for licences to possess firearms, including regular, restricted and prohibited firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, and prohibited ammunition. This does not mean, however, that anyone who passed the basic test would be eligible for a licence to possess any one of these weapons or devices. In addition to meeting this basic test, individuals must come within the provisions of the proposed Firearms Act dealing with issuance, renewal and revocation of licences and registration certificates, and provisions dealing with other matters such as transfer, transportation, and importation and exportation. After these requirements have been applied, what an individual would be licensed to possess under the new law would not appear to be qualitatively much different from what they are permitted to possess under the existing law. The presumptive bars to eligibility would be somewhat expanded from those which now apply to FACs. Clause 5(2) would direct the chief firearms officer to have regard to whether the applicant had been involved in any of the following, within the previous five years (the FAC disqualifying factors also went back only five years): - a criminal offence involving violence; an offence against the gun control laws the offence of criminal harassment; drug trafficking offences; treatment for a mental illness involving violence; or, a history of violent behaviour. The present FAC disqualification based on a recent criminal record is limited to indictable offences involving violence: The references to criminal harassment and drug trafficking offences would add new screening elements. The only other specified screening measure would involve a safety course requirement. Clause 7 (page 6) would establish a basic requirement and a number of exceptions. New entrants into the system would be required to either take the specified course and pass the tests, or at least pass the tests. Adults would appear to have the option not to take the course. The course could not vary from province to province. The Canadian Firearms Safety Course, developed by the federal government in cooperation with the provinces after Bill C-17 made safety courses a required element of FAC eligibility, would be the designated course for basic eligibility. Applicants for a licence to possess restricted firearms would have to take a federally approved "restricted firearms safety course," or pass the tests for this course (Clause 7(2), pages 6-7). Courses or tests taken in the past would not be an acceptable substitute unless they were actually administered during 1993 or 1994. The course or test would only have to be taken once, unless the licence-holder was later made subject to a prohibition order. Clause 7(4) would create four exceptions from the safety course requirement, the most important of which would exempt those who possessed a firearm when the new provisions came into force and did not require a licence to acquire new firearms. Thus, the several million existing firearms owners would be "grandfathered" unless they wished to acquire more guns. The other exemptions would involve discretionary certifications by a firearms officer, certain minors, and those who required licence only to purchase a cross-bow: c. Application, Investigation, Issuance, Term and Renewal The additional requirements which applicants for a basic licence would have to fulfil would be prescribed by the Minister, except for fees, which would be set by regulation. Thus, the Minister would determine the length and complexity of the application form, the nature of the questions asked, and potential additional elements, (such as references, required under the current law for FAC applications). Further requirements for licences to possess restricted and prohibited firearms are set out in other provisions of the bill. Licences would be issued by a chief firearms officer, although in practice this would mean a designated firearms officer. As with the present FAC application, the issuer could require such further information as was reasonably relevant (clause 53, page 26). A similar provision to that which now expressly authorizes community investigations in regard to FAC applications would also allow licence issuers to conduct an extended investigation. This could include interviews with neighbours, spouses, co-workers and others. Given, however, that the licence requirement would bring in the several million existing firearms owners, not just new entrants as in the FAC system, it seems likely that extended investigations would be feasible in relatively few cases. The licence issuer could attach such reasonable conditions as were felt to be desirable in the particular circumstances and in the interests of safety (clause 56, page 27). It would thus appear that conditions could deal with matters other than safety concerns. The same power would apply to licences for regular, restricted and prohibited firearms, and it is thus not clear whether conditions would commonly be attached to a licence to possess regular firearms. Licences would not be transferable, and for most purposes would be valid throughout Canada (Clauses 60 and 61, page 28). The ordinary term of the licence would be five years from the holder's next birthday (clause 62, page 28), but could it be authorized for a shorter period only. Renewals would be granted so long as the licence-holder continued to satisfy the eligibility requirements for initial issuance (clause 65, page 30). d. Revocation Clause 68 (page 31) would authorize the chief firearms officer to revoke a licence "for any good and sufficient reason", for example if the holder was no longer or never had been eligible for the licence, if a condition of the licence was contravened, or if the holder was convicted of one of the criminal offences which would effectively bar issuance. The nature of the conditions attached to a licence would thus be important, since besides criminal convictions, the most common reason for revocation would likely be breach of a condition. e. Appeals in Licence Matters There is a right to appeal, through at least two levels of courts, any refusal to issue or revocation of a licence. As the appeal provisions are exactly the same for licences, registration certificates and authorizations, they are described in a separate section below. f. Minors The Bill would maintain the substance of the current provisions for minors' possession permits (clause 8, page 8). Individuals under the age of 18 would be eligible for licences to possess, although not to acquire, regular firearms. Besides being ineligible to possess restricted or prohibited firearms, they would not be allowed to possess cross-bows. Licences would be available for minors who hunted and trapped as a way of life and needed a firearm to provide sustenance. There would be no minimum age in this case. Young people over the age of twelve would be eligible for a possession licence, with conditions attached, in order to engage in target practice, hunting, instruction or organized competitions. The consent of a parent or guardian would be required in both cases, and the conditions attached to the licence would be determined in consultation with the parent or guardian. Minors who hunted or trapped for sustenance would be eligible for a licence without taking either the safety course or tests, while those minors who applied for a licence for any other reason would be required both to take the course and pass the tests. 3. Registration The registration provisions of Bill C-68 would apply to firearms only, but would apply to all guns, including regular, restricted and prohibited firearms. This would impose a registration requirement for the first time on non-restricted rifles and shotguns, and would bring into the registration system the several million of these guns already in the hands of Canadians. This is perhaps the single most contentious element of the proposed scheme. Clause 13 (page 12) would require firearms owners to obtain a licence to possess that particular kind of firearm before registering the gun itself. As in the case of a licence application, the form and the information required for registration would be determined by the Minister, and the fee would be prescribed by regulation (clause 52, page 25). The firearm would have to bear a distinguishing serial number or be described in a manner prescribed by regulation (clause 14, page 12). There are apparently a significant number of rifles and shotguns, produced before serial numbers became an industry-wide standard, that do not bear distinguishing marks, but several methods are being considered to deal with this problem. Registration applications would be made to the Registrar, a federal official appointed by the Commissioner of the R.C.M.P., and in practice this would mean an official designated by the Registrar. The certificate would be valid throughout Canada. There would be no term on the registration certificate, but it would not be transferable (clause 60, page 28). It would expire when the holder of the certificate ceased to be the owner (clause 64, page 30), and the provisions of the Bill dealing with the transfer of firearms would require the issuance of a new certificate (clause 30, page 18). The Registrar could refuse to issue a registration certificate "for any good and sufficient reason," (clause 67, page 31) but generally the applicants would be eligible for a certificate if they had a licence authorizing them to be in possession of that particular kind of firearm. A certificate could be revoked on the same basis (clause 69, page 32), but, except in the case of restricted firearms, this might again primarily be a matter of whether the certificate - holder's licence was no longer in good standing. There are relevant appeal provisions in each case, and they are discussed below. The registration certificate for a restricted firearm could be revoked if it was no longer being used for the purpose for which it was initially required. This issue is discussed more fully below in regard to the provisions regulating the possession and use of this class of firearms. Clauses 89 and 90 (page 39) would authorize notices and documents to be sent to and issued by the Registrar in electronic form. Records could also be created, stored, and evidenced by "electronic-filing.' Thus, it appears that the registration of most firearms purchased from dealers would be accomplished through a computer system. The registration of restricted firearms would still require verification by a firearms officer of the purpose for which the firearm was being acquired. Although this requirement exists already, the new Bill would tie the acquisition and registration of restricted firearms much more closely to the legitimacy of those purposes. 4. Transfers and Lending The Bill would add an authorization process for the transfer of firearms that would go far beyond the present firearms acquisition process. ~Transfer'; would include selling, bartering or giving (clause 20, page 14), and separate provisions would govern the lending of firearms. Clause 21 would continue the present prohibition (in section 94 of the Criminal Code) on transferring or lending a firearm to a person of unsound mind or impaired by alcohol or a drug. The onus on persons delivering firearms would be even heavier, however, as they would be permitted to transfer them only if they had "no reason" to believe that the person was of unsound mind or impaired. The person transferring would also have to ensure that the person receiving the firearm had the requisite licence to acquire and possess that kind of firearm, and would further have to inform the chief firearms officer of the proposed transfer and obtain that officer's authorization (clause 22, page 14). This would give the firearms officer the opportunity to verify that the person receiving the firearm held the requisite licence and was still eligible to hold that licence (clause 26, page 16). In the case of regular firearms this would presumably involve a check of such matters as criminal offences and prohibition orders which might have occurred since the issuance of the licence. Additional provisions would apply to approvals for the transfer of restricted and prohibited firearms. Dealer transactions could be accomplished by computer transfer, similar to the process of verification of credit card purchases familiar to consumers. Individuals selling or giving someone a firearm would have to wait until the approval process was finished, including an authorization to transfer having being given and a new registration certificate having being issued, before completing the transaction (clause 22, pages 14-15), although the notifications and authorizations could be handled by mail. There is also a provision for "mail-order" transfers under prescribed conditions (clause 31, page 18). Firearms could be loaned only if the borrower had a licence to possess that kind of firearm and the registration certificate accompanied the firearm, unless the borrower was using the firearm under the direct supervision of the owner. 5. Offences Involving Licences and Registration a. Under the Proposed Firearms Act Clauses 102 to 109 (pages 43 to 45) would set out offence provisions under the proposed Firearms Act. Most would arise from the "process~ elements of the licensing and registration scheme. They would involve: false statements made to procure a licence, registration certificate, or authorization; tampering with any of these documents; contravening a condition of one of these documents; refusing to deliver up a revoked document; failing in the duty to assist police officers engaged in an inspection (clause 100, page 43); and breach of those regulations for which the offence provisions would also be prescribed by regulation (clauses 106, page 44 and 110(o), page 47). Breach of a few regulations, such as those dealing with safe storage of regular and restricted firearms, would come under the Criminal Code. Other regulations would deal with administrative matters, and would not give rise to an offence. Except for the offence of failing to deliver up a revoked licence, which would be summary conviction only, all of these offences could be prosecuted either as indictable or summary conviction matters. The maximum term of imprisonment for failing to assist police officers conducting inspections, and for contravening a condition of a licence, registration certificate or authorization, when prosecuted by indictment, would be two years. The rest of the offences, when prosecuted by indictment, could be punishable by up to five years in prison. The effect would be that the maximum penalties under the new Firearms Act, when prosecuted by indictment (which is rare when the Crown has the option), including for most breaches of the regulations, would be on a par with the basic penalty which would be set out in the Criminal Code--for possession-of-a-firearm-without a licence and a registration certificate. This is presumably on the basis that all of these offences against the regulatory scheme are regarded as being on a par with operating outside the licensing and registration system altogether. 5. Offences Involving Licences and Registration a. Under the Proposed Firearms Act Clauses 102 to 109 (pages 43 to 45) would set out offence provisions under the proposed Firearms Act. Most would arise from the "process~ elements of the licensing and registration scheme. They would involve: false statements made to procure a licence, registration certificate, or authorization; tampering with any of these documents; contravening a condition of one of these documents; refusing to deliver up a revoked document; failing in the duty to assist police officers engaged in an inspection (clause 100, page 43); and breach of those regulations for which the offence provisions would also be prescribed by regulation (clauses 106, page 44 and 110(o), page 47). Breach of a few regulations, such as those dealing with safe storage of regular and restricted firearms, would come under the Criminal Code. Other regulations would deal with administrative matters, and would not give rise to an offence. Except for the offence of failing to deliver up a revoked licence, which would be summary conviction only, all of these offences could be prosecuted either as indictable or summary conviction matters. The maximum term of imprisonment for failing to assist police officers conducting inspections, and for contravening a condition of a licence, registration certificate or authorization, when prosecuted by indictment, would be two years. The rest of the offences, when prosecuted by indictment, could be punishable by up to five years in prison. The effect would be that the maximum penalties under the new Firearms Act, when prosecuted by indictment (which is rare when the Crown has the option), including for most breaches of the regulations, would be on a par with the basic penalty which would be set out in the Criminal Code--for possession-of-a-firearm-without a licence and a registration certificate. This is presumably on the basis that all of these offences against the regulatory scheme are regarded as being on a par with operating outside the licensing and registration system altogether. b. Under the Amended Criminal Code The basic penalty for possession of any firearm - regular, restricted or prohibited without a licence and registration certificate would be found in section 91 of the amended Part m of the Criminal Code (page 67). This offence would specify no particular requirement for criminal intent, or mens rea, and would thus require only the minimum level of intent. Section 91(2) would similarly require a licence to possess a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or prohibited ammunition. In each case the offence could be prosecuted either as an indictable or a summary conviction matter. When prosecuted by indictment, the penalty would be up to five years in prison. When prosecuted by summary conviction the penalty would be up to six months in jail, or a fine, or both. The Bill would also provide, in section 92, for a more serious offence in cases where a person "knowingly" possessed a firearm, [etc.] without a licence and a registration certificate (for firearms only). The reference to "knowing" would raise the fault or mens rea element to the level of wilful intent. The offence would presumably also be invoked in only the more serious cases of unlawful possession. The offence would be indictable only, that is, on a par with the most serious offences under the Criminal Code, such as murder, robbery and aggravated sexual assault. The penalty for this offence would be up to ten years in prison for a first offence, with a minimum penalty of one year in jail for a second offence, and a minimum penalty of two years less a day for a third or subsequent offence. These offences would not apply to the case of individuals possessing a firearm under the direct supervision of the owner, so long as the firearm or other weapon was being used for a purpose that was lawful for the owner. Nor would they apply when individuals came into possession of an item by operation of law, and within a reasonable period either disposed of it, or obtained the requisite licence and, if it was a firearm, a registration certificate. Section 93 would make it an offence to possess a firearm (all classes) or other prohibited or restricted weapons at a place other than that authorized in a licence or authorization. This offence could be either an indictable or a summary conviction matter, and if prosecuted by indictment could result in a maximum prison term of five years. Section 94 would make it an offence for anyone to be in a motor vehicle where a firearm (all classes) or other prohibited or restricted weapon was present, without someone in the vehicle possessing the requisite licence, authorization or registration certificate. The section would set out a number of circumstances in which the offence would not apply. The offence would be either an indictable or a summary conviction matter, and if prosecuted by indictment could result in a maximum prison term of ten years. Transitional provisions would bring these offences, insofar as they involved a requirement for either a licence or a registration certificate, into effect in stages. Section 98 (page 73) would mean that anyone in lawful possession of a firearm when these offences came into effect, either with or without a current FAC, would be deemed to have a licence until l January 2001, or until such later date as was prescribed. The intent is to cease issuing FACs, and begin issuing licences, on 1 January 1996, but FACs would be deemed to be licences for the full five years of their term if issued after that date (Clause 113(3), page 51). In regard to registration certificates, section 98(3) would provide that anyone in possession of a regular firearm after the coming into force of the offence provisions, and before 1 January 1998, or such later date as was prescribed by regulation, would be deemed to be the holder of a registration certificate until 1 January 2003, or such later date as was prescribed. The intent is to begin issuing registration certificates on 1 January 1998, thus giving owners five years to register their existing regular firearms, that is, rifles and shotguns which are neither prohibited nor restricted. 6. Regulation-Making Powers The regulation-making power under Bill C-68 would be much broader than the current section 116 of the Criminal Code. The primary enabling power would be clause 110 of the proposed Firearms Act (page 45). Many other provisions of the proposed Act would be subject to something being "prescribed." As noted earlier, where this involved forms or the information to be submitted with them, the matter would be determined by the Minister outside the regulation-making power. In all other cases the matter would be dealt with in regulations made pursuant to clause 110(v). Some powers to make regulations, such as safe storage regulations, are already found in section 116 of the Code, and would continue in a modified form (Clause 110(h), page 46). Additional paragraphs would create an array of new powers covering a wide range of matters, including: the issuance and revocation of licences, registration certificates and authorizations, including "purposes" and '~circumstances of eligibility"; the circumstances in which a person would be regarded as needing a firearm (presumably a restricted firearm) to protect life or for use in employment; the use of firearms in target practice and shooting competitions; the establishment and operation of, the activities at, the possession and use of firearms at, and the keeping of records at, shooting clubs and ranges; the establishment and maintenance of gun collections; the operation of gun shows; the possession and use of restricted weapons; storage, handling and transportation controls applicable to police officers and other public officers; records regarding firearms (all classes) and other prohibited and restricted weapons; records of businesses regarding ammunition; the waiving or reducing of fees; the Canadian Firearms Registry; electronic sending of notices and documents; and, the variation of the provisions of the proposed Firearms Act and its regulations insofar as they would affect the aboriginal peoples of Canada. Some of these enabling powers would appear to provide authority to add to the substantive content of the proposed Firearms Act itself, in addition to the creation of subsidiary administrative structures. For example, the power to deal with the issuance of licences, registration certificates and authorizations includes the power to make regulations respecting the "purposes" for which they are issued, and the "circumstances in which persons are or are not eligible to hold licences." Although these regulations could not conflict with the provisions of the Act itself, they seem to have the potential to create additional substantive rules to those set out in the statute. As another example, the power to make regulations respecting the use of firearms for target practice or competitions might be invoked to authorize the establishment of additional limitations on the use of both regular and restricted firearms for that purpose. The power to provide for a different application of the statutory provisions insofar as aboriginal peoples are affected would authorize regulations changing the provisions of the Act itself. This would be a very unusual enabling power. 7. Appeal Provisions for Refusals or Revocations Where a chief firearms officer or the Registrar refuses to issue or revokes a licence or registration certificate, the applicant can apply first to a provincial court judge (clauses 72 to 74, pages 33-34), and then to the superior court, and possibly the court of appeal (clauses 75 to 79, pages 34-36), if unsuccessful. The same process is available in regard to authorizations to transport, which apply only to restricted and prohibited firearms, and to authorizations to export or import. The initial appeal process is similar to the present appeal process available for refusals to issue or revocations of FACs and restricted weapon registration certificates. The onus would be on the applicant to satisfy the judge that the refusal or revocation was not justified. The further appeal which Bill C-68 would allow to the superior court in all matters is now only available in the case of restricted weapon registration certificates. The provisions would also be broadened by the Bill to set out a more complete procedure. A final appeal to the court of appeal could only be made with leave of the court, and would be restricted to questions of law. 8. Businesses Bill C-68 would expand the definition of a business involved with firearms and other weapons, and would add to the controls on these businesses. Clause 9 (page 9) would provide-that every person in a prescribed relationship to the business would require a licence authorizing all of the activities of the business, or a licence to acquire restricted firearms. Employees would also be required to hold a licence authorizing them to acquire restricted firearms. The current requirement for employees involves only an FAC. Carriers would be subject to these provisions only if they operated on an inter-provincial or international basis. Most businesses would~restricted t~dealing in-regular or restricted firearms (clause 11, page 10). Only those businesses who needed them for a prescribed purpose, or licensed carriers, would be allowed to possess prohibited firearms, prohibited weapons, prohibited devices, or prohibited ammunition. These would presumably be the sort of businesses, such as film companies and weapons-testing companies, that are now allowed to possess prohibited firearms. Businesses involved in importing or exporting would also be subject to special rules, described below. All businesses would be subject to record-keeping requirements, primarily prescribed by regulation, and the new statutory inspection powers, also described below. 9. Exportation and Importation The Bill would create new export and import controls. These would link the licensing and registration requirements to controls at the border. Individuals would be subject to different controls (clauses 34 to 41, pages 19-23) from those which would apply to businesses (clauses 42 to 51, pages 23-25). There would also be special provisions for non-residents bringing firearms into the country. Adult non-residents would be allowed to bring in regular and restricted firearms. A prescribed declaration, made by the non-resident and confirmed by a customs officer, would be deemed to be a temporary licence and registration certificate (clause 35, page 20). An authorization to transport would also be required to bring in a restricted firearm. The declaration would be valid for an initial period of 60 days, and could be renewed by a chief firearms officer. When the firearm was removed from the country, the non-resident would have to make a second declaration and produce the original confirmed declaration, and the authorization to transport in the case of a restricted firearm. Export by a resident individual would require the applicable licence, registration certificate, and authorization to transport in the case of a restricted or prohibited firearm. A prescribed declaration would also have to be completed, and confirmed by a customs officer. When the firearm was brought back in, the confirmed declaration would have to be produced. If the individual was bringing in a regular or restricted firearm acquired outside the country, the importation would have to be approved by the chief firearms officer. The individual would have to possess the requisite licence, and the confirmed declaration would serve as a temporary registration certificate for its effective period. Additional provisions apply to detaining, forfeiture, and disposal of firearms which an individual attempted to export or import without complying with all the requirements. Businesses could import or export all classes of firearms, prohibited weapons, restricted weapons, prohibited devices, and prohibited ammunition, including parts designed for use in the manufacture or assembly of automatic firearms, but would require a special authorization for each shipment. The requirements for such an authorization, and the procedure that would have to be followed, would depend on the nature of the firearm or weapon being imported or exported. Each application for an authorization by a business, either to import or export, would be reported to the Minister responsible for the Exports and Import Permits Act, and particular shipments could be subject to additional authorizations or requirements in accordance with that Act. As with individual importations, the authorization to import would be deemed to be a temporary registration certificate for its effective period. Shipments would have to be processed at designated customs offices. 10. Inspection Powers Clauses 98 to 101 (pages 41-43) would create new statutory inspection powers which would apply to ny place other than a dwelling-house, and would further extend to dwelling-houses with the owner's consent or under the authority of a warrant. Under current provisions set out only in regulations, such powers are applicable just to businesses. The extension of these powers is likely to be controversial and may be subject to a challenge under the Canadian Charter of Rights and Freedoms. Similar inspection provisions, particularly regarding businesses, have been upheld under the Charter so long as they were part of a "regulatory or administrative context" rather than a "criminal context." The proposed Firearms Act would contain provisions which were primarily of a regulatory nature, although the Act would be made under the federal Parliament's criminal law head of power. Whether these inspection powers, particularly as they would apply to places other than business premises, would withstand a Charter challenge, would be an open question. 18 Police officers or other officers designated by the province would carry out these inspections for the purpose of ensuring compliance with the proposed Firearms Act and its regulations, and with the amended Part m of the Criminal Code. There is no requirement that the inspecting officers must have any reason to believe that either statute was not being complied with; they must simply have reasonable grounds to believe that any firearm, other regulated weapon, or ammunition, or any record relating to any of these things, was located in "any place. " During the course of an inspection, the officers could open any container, examine any firearm or other thing and take samples, conduct tests, and require that records be produced for examination. They could use or cause to be used dah processing systems on the premises, and reproduce documents either in the form of print-outs or photocopies. That the power would be one of "inspection," rather than "search and seizure" in the criminal context, is supported by clause 99(4) (page 42), which provides that no force could be used. Clause 100 (page 43) would, however, require those on the premises to give the officers all reasonable assistance and provide them with any relevant information. Failing to do so would be an offence under clause 107 (page 44). Clause 101 (page 43) would require the officer to have either the occupant's consent or a warrant to enter a dwelling-house for the purposes of an inspection. A justice could issue a warrant for the same purposes and on the same grounds as would apply to other places under clause 99 (pages 41-42), but only if entry to the dwelling-house had been refused or there were reasonable grounds to believe that entry would be refused. The warrant could be subject to conditions. 11. Shooting Clubs and Ranges Shooting clubs are currently given only a brief reference under the target practice provision of section 109 of the Criminal Code, dealing with restricted weapon registration certificates. It requires only that clubs be approved by the Attorney General of the province. Clause 28 (page 17) and paragraph (e) of the enabling power, Clause 110 (page 45) would significantly expand the requirements that would apply to shooting clubs, and would extend these rules to shooting "ranges". The regulations could set out rules regarding the establishment and operation of the clubs and ranges, the activities that could be carried out there, the possession and use of firearms there, and the keeping of records, including records regarding the members. The provincial minister would still approve the club or range, but only if they complied with the federal regulations, and the approval could be revoked for a breach of the regulations. 12. Genuine Gun Collectors The current provisions define "genuine gun collectors" in section 84 of the Code. The definition makes them subject to certain requirements in regard to the acquisition and possession of restricted firearms. Clause 29 (page 17) of Bill C-68 would reproduce the same criteria with regard to access to restricted firearms, including prohibited but grandfathered handguns, for the purposes of a gun collection, although the term "genuine" gun collector would no longer be used. The regulation-making power regarding collectors would, however, be significantly broader. It would authorize rules respecting the "establishment and maintenance~ of gun collections, and the "acquisition and disposal or disposition" of firearms that form part of a collection. The regulations could deal with the inclusion of regular firearms in collections, and could thus go beyond the present power to prescribe rules only insofar as the collections included restricted firearms. The proposed power would appear to go beyond the current power to prescribe regulations concerning "knowledge, secure storage and the keeping of records,~ and would seem to signal an intent to increase the controls on gun collections. 13. Ammunition Bill C-68 would add the regulation of ammunition sales to the gun control laws. Currently, ammunition is dealt with only under the Explosives Ac~. Section 84 of the Criminal Code now includes only designated prohibited ammunition (body-armour piercing, incendiary and explosive bullets) under the definition of "prohibited weapon. n The proposed Firearms Act would deal separately with "ammunition" and "prohibited ammunition." Clause 24 (page 15) would allow the transfer of non-prohibited ammunition only if the person receiving it held a firearms licence of any class or a prescribed document, and further complied with any prescribed conditions. Clause 104 (page 44) would make it an offence for a business to possess ammunition without a licence. These provisions would both be under the proposed Firearms Act. Clause 133 (pages 59 to 98) would also add ammunition and prohibited ammunition to the relevant offence provisions of Part m of the Criminal Code. 14. Cross-bows The Bill would also impose some controls on cross-bows. They would be subject to the basic screening requirements of the proposed Firearms Act regarding licences (clause 5, page 5). Those seeking a licence to acquire a cross-bow would be exempt, however, from such requirements as the safety course (clause 7((4)(d), page 8). Cross-bows would also not be covered by most of the other regulatory provisions of the proposed Act. A proposed offence provision in Part III of the Criminal Code, section 97 (page 73), would make it an offence to sell, barter or give a cross-bow to anyone unless the person produced a licence which the seller had no reasonable grounds to believe was invalid. The offence would be dealt with as either an indictable or a summary conviction matter, and when prosecuted by indictment would be punishable by up to two years in prison. B. Particular Controls on Prohibited and Restricted Firearms and Other Weapons 1. Definitions of the Classes a. General Effect of the Proposed Changes The Bill would realign the classes of prohibited and restricted weapons, and would in particular add certain handguns to a class of prohibited firearms, but with the exception of replica firearms, regular ammunition, and cross-bows, it would not add any new weapons or accessories to the overall scheme. The new or amended enabling powers would, however, allow for more changes and additions to be made in the future by regulation (called "orders in council" under the current provisions). b. Prohibited Firearms All of the relevant definitions would appear in the re-drafted section 84 of the Criminal Code (clause 133, pages 59-64). "Prohibited firearms would be a distinct class from "prohibited weapons," and would include the following: 1) Short-barrelled handguns (less than 105 mm), and .25 and .32 calibre handguns, except for those exempted by regulation on the basis of being used in competitions sanctioned by the International Shooting Union. 2) Sawn-off rifles or shotguns, where the result was a firearm less than 660 mm in length or a barrel less than 457 mm in length. 3) Automatic firearms, including converted automatics. 4) Firearms prescribed by regulation. All of these guns are currently prohibited weapons, with the exception of the handguns, which are now restricted weapons. The other change to the class would involve the removal of the limitation which presently exists on the power to prohibit firearms by regulation. That power (in paragraph (e) of the definition of "prohibited weapon" in section 84 of the Code) does not now extend to any "firearm of a kind commonly used in Canada for hunting and sporting purposes." This clear exemption for commonly-used firearms would be replaced by a provision identical to the legally ineffective limitation that now applies to the power to restrict firearms by order in council. Thus, the purported protection would extend only to shotguns and rifles ~of a kind that, in the opinion of the Governor in Council, is reasonable for use in Canada for hunting or sporting purposes" (emphasis added) (see section 117.15(2), page 98). c. Restricted Firearms "Restricted firearms" would be a distinct class composed of the following: 1) All handguns not prohibited. 2) Semi-automatic centre-fire rifles and shotguns that have non-adapted barrels less than 470 mm in length. 3) Rifles and shotguns that can be reduced to less than 660 mm in length by folding,telescoping, or otherwise. 4) Firearms prescribed by regulation. All of these guns are now restricted. The classifications of the Bill would, however, remove from the restricted class firearms which had been prohibited but grandfathered. Grandfathered firearms, in the hands of those allowed to retain or acquire them, now form additional elements of the restricted class, and are treated the same as other restricted firearms. Under the reorganized scheme those individuals in the particular grandfathered class would be eligible for a licence to possess them as "prohibited" firearms, but the permissible uses would be reduced. The term "restricted weapons" in the new Bill is to be defined separately and would refer to non-firearms. d. Prohibited Weapons, Restricted Weapons, Prohibited Devices, and Prohibited Ammunition. These definitions would also appear in the re-drafted section 84. "Prohibited weapons" would be switchblades and flick knives, and non-firearms prescribed by regulation. As noted above, "restricted weapons" would be non-firearms prescribed by regulation. ~Prohibited devices" would be: components, parts and accessories of weapons, whether firearms or non-firearms, prescribed by regulation; handgun barrels not greater than 105 mm in length, unless exempted for use in international competitions; silencers; cartridge magazines prescribed by regulation, presumably large-capacity magazines; and, replica firearms. ~Prohibited ammunition~ would be ammunition prescribed by regulation, presumably of the kind now classed as prohibited weapons. Licensed businesses would be able possess these weapons and devices for approved purposes. Only the restricted weapon category might become available for individual possession. It is not clear what these weapons might be, but they apparently might include weapons such as incapacitating sprays which are now prohibited, but could be made available to those persons who demonstrated a special need, such as in certain employment situations. e. Prohibited Firearms Available to Individuals The licensing provisions of the proposed Firearms Act would make individuals eligible to possess prohibited but grandfathered firearms. Each person would only be eligible to possess and acquire a grandfathered firearm within the same class as those they were allowed to retain when the firearms became otherwise prohibited. These are known as "closed classes,~ although the Bill does not use this term, and they would mean that there would be a limited market for each class. Clause 12 (pages 10-12) would establish five closed classes, and the potential for more. The specified classes would include the following: 1) Automatic firearms prohibited in 1978. 2) Converted automatics prohibited in 1992. 3) "Military and para-military" firearms prohibited and grandfathered by order in council in 1992 (Order No. 12). 4) Military and para-military" firearms prohibited and grandfathered by order in council in 1994 (Order No 13). 5) Short-barrelled and .25 and .32 calibre handguns which individuals possessed on February 14, 1995, that would be prohibited by Bill C-68. All of the grandfathered classes would be subject to special rules regarding the holding of, or applications for, registration certificates under the current provisions, on the day the new provisions came into force. The first two classes were created by statutory changes, the second by Bill C-17. The third class was created by order in council as part of the package of measures of which Bill C-17 was a part, at the same time as other "military and paramilitary" firearms were declared restricted by order. The fourth class was created in November of 1994, when all but one of the firearms restricted by order in council in 1992 were moved to the prohibited list. The fifth class would include presently restricted handguns which would be prohibited by this Bill. The grandfathering of these handguns would be limited to those in private hands on 14 February 1995, the date on which the Bill was tabled. No one could thus take advantage of the grandfathering by acquiring one of these handguns before the Bill was enacted and came into force. Aside from the class of handguns that the Bill would prohibit but grandfather, all of these classes of prohibited firearms would have severely restricted uses. The issue of permitted uses is described below. Clause 12(7) (page 12) would also authorize the grandfathering of firearms prohibited by regulation, in circumstances set out in the regulations, after this Bill came into effect. This could, as described above, include firearms now commonly used for hunting or sporting purposes. This could raise a special question concerning permissible uses for these firearms, if prohibited and grandfathered in the future. (see below, p. 32 of this summary). f. Former Relics Firearms which are restricted weapons under the present provisions of section 109 of the Criminal Code may be registered as "relics," rather than as firearms for use in protecting life, employment, target shooting, or gun collecting. Relics are now defined by the regulations as firearms that are of value "as a curiosity or rarity" or as a "memento, remembrance or souvenir. ~ There would be no provision for relics under the proposed Firearms Act or the changes which the Bill would make to the Criminal Code. Those now registered as restricted weapons would, under the proposed scheme, become either restricted firearms, if, for example, they were full-sized handguns, or prohibited firearms in one of the grandfathered classes if, for example, they were short-barrelled handguns or a "military or para-military" gun prohibited by order in council. If the relic became a prohibited but grandfathered firearm it would be treated the same as any other prohibited firearm, except for the purposes of retention and trading among the closed class, unless it was a grandfathered handgun. There would be special rules for these handguns, and for restricted firearms retained as former relics, and these are described below. 2. Permitted Uses for Restricted and Prohibited Firearms a. Restricted Firearms and Grandfathered Handguns Under the provisions of the proposed Firearms Act, restricted firearms could be used for the same general purposes as the current section 109 of the Criminal Code now permits. These uses could be further limited, however, especially by regulation, and would be more closely monitored and supervised. One result would be that owners could lose their registration certificates if they could not justify their continued possession of restricted firearms for a permitted purpose. The class of handguns which the Bill would prohibit would also be made subject to the same use provisions as firearms fitting the definition of a "restricted firearm." Although they would be regarded as prohibited firearms for the purposes of the class of licence, they would be subject to the same provisions as restricted firearms regarding issuance and renewal of licences, and transfer and transportation of firearms. For these purposes they are described as ~handguns referred to in paragraph 12(6)(a)" (see clause 12, page 12) or "(pre-February 14, 1995 handguns)", and references in the relevant provisions are made both to these handguns and "restricted firearms." On the first issuance of a licence to possess a restricted firearm or a grandfathered handgun the owners would have to specify a purpose permitted under the new scheme for which they wished to continue to possess these firearms. They would also have to indicate whether the registration certificate issued under the current law for any of these firearms was for a relic (Clause 52(3), page 26). The purpose would be important because they would be required by the renewal provision to show that they were continuing to use their restricted firearms for the specified purpose. This would not apply, however, to former relics. The purposes which would be permitted by the Bill are set out in the transfer provisions in clause 27 (pages 16-17). This clause would authorize a chief firearms officer to approve the transfer to an individual of a restricted firearm or a grandfathered handgun only if the officer was satisfied that the person wished to acquire the gun for one of the following purposes: 1) To protect the life of that person or others; 2) For use in connection with a lawful profession or occupation; 3) For target practice or competitions, either under conditions specified in an authorization to transport or under the auspices of an approved shooting club or range; or, 4) As part of a gun collection for those who satisfy the criteria specified for collectors. These would be the same purposes for which restricted weapon registration certificates can now be obtained (omitting the present provision for registration of relics). The only purposes for which most people have been eligible, however, have been those involving target shooting or gun collecting. Possession of a restricted weapon for the first two purposes - to protect life, and for use in employment - has always been limited in practice. Very few people have been issued a certificate for the purpose of protecting life, and employment situations have been limited to positions such as Brinks guards. The proposed enabling power under this Bill would authorize regulations (clause 110(c), page 45) setting out the circumstances in which people would be regarded as needing or not needing firearms for these purposes. These regulations would delineate more clearly the circumstances in which possession of restricted firearms would actually be allowed, at present purely a discretionary matter. While they might also either broaden or narrow the scope of the circumstances in which possession for these purposes was allowed, it is unlikely that they would broaden it. Restricted firearms and grandfathered handguns would thus be legally available primarily for purposes of target shooting and collecting. The issue of proposed or actual use would arise in a number of circumstances: when a licence to possess these firearms was being issued, as is described above; when such a licence was being renewed, and the registration of the firearms possessed by the licence-holder was reviewed; when these firearms were being transported, imported or exported, and an authorization was required; and when they were being acquired, and approval was sought for a transfer. When a person, either an individual or a dealer, sought approval for the transfer of a restricted firearm, either new or used, or a grandfathered handgun, the purpose and the nature of the particular firearm would be critical. The firearms officer would be instructed by clause 26(b) (page 16) to verify that the purpose for which the person acquiring wished to use it was permitted by clause-27. Moreover, the officer would be required to determine whether the "particular" gun was "appropriate for that purpose." Thus, a particular restricted firearm or grandfathered handgun might be found, for example, to be appropriate for collecting but not for target shooting. The present owners of these firearms would not face this problem, but anyone acquiring a new or used gun of this class would have to ensure that it was considered appropriate for the intended use. Presumably any firearm defined as a restricted firearm or grandfathered handgun would be considered appropriate for one of the permitted purposes, otherwise there would be no point in including it in the class. When the licence of a person authorized to possess restricted firearms or grandfathered handguns was being renewed, the issue of continued use would arise. Clause 65(2) (page 30) would require the officer to determine whether each of these firearms was being used for the permitted purpose for which it was acquired, or which the applicant for the licence had specified in the application. This would not apply to a restricted firearm that was retained purely as a former relic, but would apply in all cases to grandfathered handguns. The question of recent use would certainly appear to be material to the decision to be made by the officer on renewal of a licence. The requirement would also seem to call for proof of some pattern of continuing use since the first issuance or last renewal of the licence, but this is not entirely clear. Collectors would have to meet the prescribed criteria when a licence was being issued or a firearm of this class being acquired pursuant to its authority; these criteria would also be re-examined when a licence was renewed. Although it is not expressly stated in the Bill (but might be in the regulations), target shooters operating under the auspices of an approved shooting club or range would apparently also be required to demonstrate with evidence from the records of the club that they were active members. That is apparently the purpose of the regulation-making power in clause 110(e)(i) (page 45) regarding record-keeping requirements concerning the members of those clubs. If the officer decided pursuant to clause 65 that the licence-holder was not using the firearms for the permitted purpose the licence would apparently nonetheless be renewed. The effect would be on the validity of the registration certificates only. The officer would first notify the licence-holder and the Registrar of the decision. Clause 69 (page 32) would then require the Registrar to revoke the registration certificate for each firearm not so used. The holder of the certificate would then have the rights of appeal described earlier, and would have to be notified of these rights (clause 70, page 32). b. Prohibited Firearms Other Than Grandfathered Handguns The question of what uses prohibited but grandfathered firearms other than handguns might be put to is not clearly addressed by Bill C-68. This would appear to be a significant gap, as there are already some tens of thousands of grandfathered rifles, shotguns, and "assault" pistols prohibited because they were considered to be "military and para-military" weapons. Perhaps even more importantly, the Bill would allow for the prohibiting and grandfathering of firearms now commonly used for hunting and sporting purposes. This could increase the number of grandfathered guns, and, more significantly, could add a class of grandfathered firearms which were not of a "military or para-military" nature. The absence of any express provision setting out uses for grandfathered prohibited firearms does not mean that there would be no permitted use. The only use which is apparent from the face of the Bill, however, is their inclusion in a gun collection. This is indicated by a reference in the transportation provisions (clause 18, page 13), which shows that even prohibited firearms could be transported within Canada for the purposes of a gun show (clause 18(b)(i)). In addition, the exportation and importation provisions would allow the owners to take them out of the country, presumably for the purposes of a gun show, and bring them back in. Certainly there is nothing in the Bill that would prevent owners of prohibited firearms from keeping them at a home, or at another authorized location (see clause 17, page 13) as part of a gun collection. The licence, registration and transfer provisions regarding collectors of restricted firearms and grandfathered handguns would not apply to the collection of purely prohibited guns. While that might seem to be an anomaly, it is likely that most collectors would have at least one or more firearm in the former classes, and would thus be subject to all of the collector requirements. The enabling power under clause 110(f) (page 46) regarding gun collections would also not be restricted to collections involving restricted firearms, and there might thus be regulatory provisions regarding the disposition of prohibited guns, and even regular firearms, in a gun collection. The most important provisions of Bill C-68 that would bear on the legal uses to which both prohibited and restricted firearms could be put are the transportation provisions. As these firearms could not be moved without an authorization, their authorized uses would depend on the purposes for which an authorization could be obtained. Those are described below. 3. Transportation of Restricted and Prohibited Firearms Clauses 17 to 19 (page 13-14) would regulate the keeping and movement of all restricted and prohibited firearms. Clause 17 would require them to be kept at a dwelling-house or at a place authorized by the chief firearms officer. Clauses 18 and 19 would then regulate the purposes for which they could be moved, and the authorizations which would be necessary. Authorizations to transport or "carry" (see below) could also take the form of a condition attached to a licence (clause 59(3), page 28). Clause 18 would deal on its face with the movement of all prohibited and restricted firearms for all purposes. Clause 19, however, would deal specifically with the carrying of restricted firearms and grandfathered handguns for the purposes of protecting life or in connection with employment. The latter clause would authorize such authorizations to ~carry" only if the firearm was "required" for one of those purposes. The "carry" authorization provisions of clause 19 might also indicate that it is the intention of the Bill that only those who have a "need" (see regulation-making power under clause 110(c), page 45), as opposed to simply a "wish," for restricted firearms and handguns related to those particular purposes, would be allowed to possess them for those purposes in the first place. Clause 27 (page 17) regarding transfers, however, would not distinguish between the approval criteria for transfers of restricted firearms and grandfathered handguns on the basis of different purposes, and it is thus not clear that any "requirement" or "need" criterion would be applied to possession in general for the purposes of protecting life or for employment. Authorizations to carry would also be distinguished from other authorizations to transport in that only the chief firearms officer personally could issue them (clause 96, page 41). The same requirement would_apply to the issuance of licences to businesses, but designated firearms officer could issue all other licences and authorizations to transport. Clause 18(1) would initially prescribe a broad general discretion for the issuance of an authorization to transport. The officer could issue one to an individual for a particular prohibited or restricted firearm to allow transportation between specified places "for any good and sufficient reason. " ~Without restricting the generality of the foregoing, " paragraphs (a) and (b) would then set out some particular reasons which would be considered appropriate for the exercise of this discretion. These paragraphs are apparently intended, however, to limit the discretion in regard to movement for the purposes of target shooting. Clause 18(1)(a) refers to the transportation of restricted firearms and grandfathered handguns for the purpose of target practice or competitions, under specified conditions or under the auspices of an approved shooting club or range. It is apparently the intention that only these firearms could be transported for target shooting purposes. This would exclude other prohibited but grandfathered firearms. Since the only provision which clearly allows transportation of prohibited guns for a particular use refers to gun shows (clause 18(1)(b)(i), page 13), this would appear to limit these firearms to the purposes of collecting. Although this would be a logical reading of clause 18(1)(a), at least in terms of constant use for target shooting, it is questionable whether the broad wording of the preceding paragraph - "for any good and sufficient reason" - would be limited by the courts so as to prevent an officer from allowing prohibited firearms to be transported for at least occasional target shooting purposes. Thus, the organized annual shoot in the Province of Alberta for grandfathered automatic firearms could perhaps still be allowed. The balance of the specified purposes set out in Clause 18(1)(b) include: changes of address; transport to an officer for registration or disposal; repair; and, gun shows. The general discretion could almost certainly be used to grant authorizations for purposes similar to these. What seems relatively clear, however, is that no authorization could be given to transport restricted or prohibited firearms for the purposes of hunting. That would appear to be inconsistent with movement "between specified places." It would also be contrary to the general logic of the scheme, in which restricted firearms clearly cannot be used for the purpose of hunting. Presumably it would be even less appropriate for prohibited firearms to be used for this purpose. This would mean, however, that if commonly used hunting rifles and shotguns were prohibited and grandfathered by regulation pursuant to the Bill, their grandfathered owners could not use them for hunting. As they could also not be used for target practice, it is difficult to see what they could be used for except collecting. 4. Possession of Prohibited or Restricted Firearms With Ammunition The Bill would add a new offence to Part III of the Criminal Code which would apply to the possession of a loaded prohibited or restricted firearm, or possession of one of these firearms together with readily accessible ammunition. Section 95 (page 72) would make that an offence unless the person held an authorization or licence which allowed possession of the firearm at the particular place where the person was found. Where the gun was being transported away from the place where the licence otherwise required it to be kept, this would mean an authorization to transport or carry, either as a separate document or as a condition attached to the licence. The person would also have to be the holder of a registration certificate. This offence would be punishable either as an indictable or summary conviction matter. If prosecuted by indictment, the maximum term would be ten years in jail, and there would be a minimum term of one year. If prosecuted by summary conviction, the maximum term would be one year in jail. This would be an unusual summary conviction penalty, as the normal maximum jail term would be six months, but there are several such penalty provisions in the Bill. C. Other Offences and Penalties in the Criminal Code 1. - Existing Offences Most of the existing offences in Part III of the Criminal Code that deal generally with the criminal use of firearms and other weapons would be maintained by Bill C-68. Some, such as pointing a firearm (section 87, page 66), would be reproduced unchanged. Most of the offence provisions, however, would be amended to reflect the new categories of weapons, devices and ammunition. The offences of possessing a weapon for a purpose dangerous to the public peace, and carrying a weapon while attending a public meeting (sections 88 and 89, pages 66-67) would, for example, include references to prohibited devices, ammunition and prohibited ammunition. The offence of careless use of a firearm (section 86, pages 65-66) would likewise be amended by the addition of references to prohibited weapons, restricted weapons, prohibited devices, ammunition, and prohibited ammunition. More importantly, it would be merged, in a single section, with the existing offence for breaching the storage, handling and transportation regulations. The penalty would be the same in both cases, and the maximum penalty when prosecuted by indictment would thus be two years in jail for a first offence and five years for a second or subsequent offence. The maximum penalty would, as a result, be higher, in the case of a breach of the storage regulations, for a second or subsequent offence, than it is under the existing provisions. It would still, however, in the case of a first offence, be lower than the maximum penalty prescribed under the proposed Firearms Act. 2. Section 85 - Use of a Firearm in the Commission of an Offence The existing section 85 provides a mandatory minimum penalty for the use of a firearm in committing an indictable offence, applicable in addition to charges for the offence in which the gun was used. The present law has been much criticized as being inadequately enforced, too often dropped as part of a plea bargain or otherwise not pursued. The Bill would retain the existing section 85 offence (pages 64-65), but would exempt from its application a number of serious violent offences. Those offences would each be made subject to a mandatory minimum four-year penalty when a firearm was used (see below). The section 85 offence would also be broadened to include the use of an imitation firearm. 3. Offences Relating to the Regulatory Scheme Sections 105 to 108 (pages 77-79) would add to existing offence provisions which are aimed primarily at supporting the regulatory scheme. Section 105 would broaden the present offences (now in section 104) for those who find a restricted or prohibited weapon and fail to turn it in, and for owners of restricted weapons whose guns are lost or stolen who fail to report this to police. The proposed section 105 would cover the loss or finding of any firearm regular, restricted and prohibited - and would also add references to the other classes of prohibited and restricted weapons and ammunition. The loss or theft offence would also apply to licences, registration certificates and authorizations. Section 106 would add an offence for failing to report the destruction of a firearm or other regulated weapon. One of the purposes of this offence would presumably be to ensure that firearms recorded on the registration system were not destroyed without the authorities being aware of it. Section 107 would add a broadened false statement offence. Section 108 would reproduce the existing offence of tampering with a serial number (now section 104(3)), which includes possession of a firearm with a serial number which has been altered, defaced or removed. The existing offence, and its proposed replacement, both contain a reverse onus provision. Thus, persons in possession of a firearm with a serial number which is wholly or partially obliterated, except through the passage of time, are deemed to know that they possess a firearm with a serial number which has been altered, defaced or removed. As this offence might be more strictly enforced under the proposed new registration scheme for all firearms, gun-owners would be advised to check and monitor the state of the serial numbers on their firearms. All of these offences would be either indictable or summary conviction matters, with the maximum jail term for an indictable offence being five years. The summary conviction penalties would be the normal six months in jail, or a fine, or both. The maximum jail term for summary convictions under a number of the new offences involving weapons trafficking or smuggling (discussed below) would be one year in jail. 4. Offences Involving the Theft, Trafficking, or Smuggling of Weapons The Bill would add a number of new offences arising from the trade in illegal firearms or other weapons. Minimum jail terms would be imposed when prosecutions proceeded by indictment, and an increased maximum jail term of one year would be applicable if prosecuted as a summary conviction matter. Some offences would be indictable only, and the maximum prison term would generally be ten years. The overall penalty provisions would put these offences among the more serious class of crimes in the Criminal Code. a. Possession of Stolen or Smuggled Weapons Section 96 (page 72) would add a new offence for possession of a firearm or other regulated weapon knowing that it had been obtained by the commission of a crime in Canada or elsewhere. This would certainly cover stolen weapons, and could involve weapons involved in smuggling or trafficking offences. This offence would carry the maximum ten year penalty, a minimum term of one year if prosecuted by indictment, and a maximum term of one year if dealt with as a summary conviction matter. It would not apply to those who came into possession by operation of law and lawfully disposed of it within a reasonable period. b. Trafficking Offences The basic offence of transferring a firearm or other regulated weapon otherwise than in accordance with the proposed Firearms Act, or its regulations, or any other applicable statute, (section 101, page 75) would involve a maximum penalty of five years in jail if prosecuted by indictment, and the ordinary maximum jail term of six months if dealt with as a summary conviction matter. The maximum penalty of five years would be higher than the two year term that now applies to the current offence of delivery of a firearm to someone who does not have an FAC, but the same as the present penalty for illegal delivery of a restricted weapon. Those convicted of "trafficking offences" would be liable to much more severe penalties. Section 99 (page 74) would make it an offence to manufacture, transfer, of offer to manufacture or transfer, a firearm or other regulated weapon, in violation of the proposed Firearms Act, its regulations, or any other applicable statute. Section 100 would add a similar offence for possession for the purpose of trafficking. Both offences would be indictable only, and would carry a maximum prison term of ten years, and a minimum term of one year. c. Assembling Automatic Firearms Section 102 (page 75) would continue the offence of assembling an automatic firearm (now section 95.1), but would increase the penalty to a maximum of ten years if prosecuted by indictment, with a minimum term of one year, and a maximum term of one year if dealt with as a summary conviction matter. d. Smuggling Sections 103 and 104 (pages 75-76) would set out offences dealing with illegal importing and exporting of firearms, other regulated weapons, and components or parts used in making or assembling automatic firearms. The more serious offence under section 103 of doing so "knowingly" would be indictable only, and would carry the maximum prison term of ten years, and a minimum term of one year. Section 104 would cover other cases of unauthorized importing or exporting, in violation of the proposed Firearms Act, its regulations, or any other applicable statute, and would be either an indictable or a summary conviction offence, with a maximum jail term of five years if prosecuted by indictment. Prosecutions for these offences could be instituted and conducted by the Attorney-General of Canada. 5. Minimum Four-Year Terms for Serious Offences The Bill would amend a number of the existing offence provisions dealing with crimes other than weapons offences, introducing a four-year minimum jail term when these offences were committed using firearms. These changes would significantly increase the number of offences which would carry a minimum jail sentence. In addition, the four-year term would be considerably more severe than the existing minimum penalties in the Criminal Code, generally a one-year term, except for the mandatory life sentence for murder. These four-year minimum penalties would not be in addition to the one-year minimum sentence under section 85 for the use of a firearm in the commission of an indictable offence. These offences would be exempt from the application of section 85, and the minimum term would instead become part of the penalty provision for the primary offence itself. The offences to which the minimum four-year term would apply are very serious crimes, all involving violence or the threat of it. They already carry heavy penalties, with the maximum penalty being either life or fourteen years in prison. Clauses 135 to 144 of the Bill (pages 98-102) would apply-the minimum term to the following offences: 1) Criminal negligence causing death (section 220); 2) Manslaughter (section 236); 3) Attempted murder (section 239); 4) Discharging a firearm with intent to: wound, maim or disfigure; endanger life; or prevent the arrest or detention of any person (section 244); 5) Sexual assault with a weapon (section 272); 6) Aggravated sexual assault (section 273(2)); 7) Kidnapping (section 279(1)); 8) Hostage-taking (section 279.1(2)); 9) Robbery (section 344); and, 10) Extortion (section 346(1.1)). 6. Prohibition Orders Clauses 109 to 117.01 of the Bill (pages 79-87) would amend the current provisions regarding prohibition orders. These orders are consequent on the commission of certain offences, or in circumstances where the continued possession of a firearm poses a public danger. They involve a prohibition on the possession of firearms, other regulated weapons, ammunition, and explosive substances. The amendments would add to the offences which would trigger a mandatory prohibition order, require the giving of reasons when discretionary prohibition orders were not made, increase the terms of these orders in some cases, make consequent changes in the provision for exempting persons from mandatory orders in appropriate cases, and add provisions concerning the surrender of licences, registration certificates and authorizations. Clause 109 would make prohibition orders mandatory after conviction for some of the new weapons offences, criminal harassment, and drug trafficking offences. The term of the order would vary for different weapons. In the case of a first offence the person would be prohibited from possessing regular firearms, cross-bows, restricted weapons, ammunition and explosive substances for ten years, and only in the case of a subsequent offence would be banned from possessing these weapons for life. Even for a first offence, however, the person would be prohibited for life from possessing prohibited firearms, restricted firearms, prohibited weapons, prohibited devices and prohibited ammunition. Clause 11 (page 82) would authorize the police to seek prohibition orders on persons who co-habited with, or were associates of, someone who was subject to a prohibition order. The order would be available if the person already subject to a prohibition order "would or might have access" to firearms and other weapons in the possession of the co-habitant or associate. This might be a rather controversial provision, and, particularly in *e case of orders made against "associates," might be subject to a court challenge. 7. Exempt Persons Clauses 117.07 to 117.1 (pages 92 to 96) would expand the scope of protection, from criminal liability, for those whose public or employment duties required them to possess firearms, or engage in other behaviour involving firearms or other weapons which would be illegal for others. Under these provisions, the protection would extend to: police officers; members of the Canadian Forces; operators and employees of museums; cadets; police trainees; members of visiting armed forces; other public officers as prescribed by regulation; persons acting on behalf of, or under the authority of, a police force, the Canadian Forces, visiting forces, or a department of government; employees of licensed businesses; and, employees of carriers. The exemption would apply only so long as they were involved in the course of their proper duties or employment, and only so long as they were not subject to a prohibition order.