This enactment establishes a licensing system for persons wishing to possess firearms. Persons who meet specified criteria may be licensed to possess firearms that are neither prohibited nor restricted (e.g. most hunting guns) or restricted firearms (e.g. handguns with a barrel length over 105 mm). A licence to possess prohibited firearms (e.g. automatic firearms, assault rifles, etc.) may be issued to an individual only if the individual possessed a firearm of that kind before it was declared prohibited. Businesses that supply firearms to the military or to the police, as well as movie armourers and museums, may also be licensed to possess prohibited firearms.
In addition to licensing persons, the enactment also establishes a system for the registration of all firearms.
Controls in the enactment include a check to confirm the absence of public safety concerns before the transfer of a firearm. The enactment also contains controls on the import and export of firearms and on the transport of restricted and prohibited firearms.
Weapons and other things that are not firearms, but pose safety concerns serious enough to warrant restrictions (e.g. silencers, certain knives), will also be subject to controls.
The enactment also revises Part III of the Criminal Code and creates a variety of offences relating to the unauthorized possession, transfer, import and export of firearms and to the use of firearms in the commission of offences. A scheme for prohibiting, as a result of criminal conduct, a person from future possession of firearms is also included.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
1. This Act may be cited as the Firearms Act.INTERPRETATION
2. (1) In this Act, "authorization to carry" means an authorization described in section 20; "authorization to export" means an authorization referred to in section 44; "authorization to import" means an authorization referred to in section 46; "authorization to transport" means an authorization described in section 18 or 19; "business" means a person who carries on a business that includes (a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, taking in pawn, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition, (b) the possession, purchase or sale of ammunition, or (c) the purchase of cross-bows and includes a museum; "carrier" means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition; "chief firearms officer" means (a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province, (b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or (c) in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister, "commencement day", in respect of a provision of this Act or the expression "former Act" in a provision of this Act, means the day on which the provision comes into force; "customs office" has the meaning assigned by subsection 2(1) of the Customs Act; "customs officer" has the meaning assigned to the word "officer" by subsection 2(1) of the Customs Act, "federal Minister" means the Minister of Justice; "firearms officer" means (a) in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province, (b) in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or (c) in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister; "former Act" means Part III of the Criminal I Code, as it read from time to time before the commencement day; "museum" means a person who operates a museum (a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or (b) in which ammunition is possessed or, bought; "non-resident" means an individual who ordinarily resides outside Canada; "prescribed" means (a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and (b) in any other case, prescribed by the regulations; "provincial minister" means (a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister, (b) in respect of a territory, the federal Minister, or (c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister; "regulations" means regulations made by the Governor in Council under section 117. (2) For greater certainty, unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code. (3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.HER MAJESTY
3. (1) This Act is binding on Her Majesty in right of Canada or a province. (2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.PURPOSE
4. The purpose of this Act is (a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of (i) licences, registration certificates and authorizations under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code, (ii) licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and (iii) licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code; (b) to authorize, (i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and (ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer, firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and (c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.AUTHORIZED POSSESSION
Eligibility to Hold Licences
General Rules
5. (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the' person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition. (2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years, (a) has been convicted or discharged under section 736 of the Criminal Code of (i) an offence in the commission of which violence against another person was used, threatened or attempted, (ii) an offence under this Act or Part III of the Criminal Code, (iii) an offence under section 264 of the Criminal Code (criminal harassment), or (iv) an offence relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act; (b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or (c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person. (3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2). 6. (1) A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition. (2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment). 7. (1) An individual is eligible to hold a licence only if the individual (a) successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; (b) except in the case of an individual who is less than eighteen years old, passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; (c) successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or (d) passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act. (2) An individual is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual (a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or (b) passes a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister. (3) An individual against whom a prohibition order was made (a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order, (i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and (ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and (b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order, (i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and (ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course. (4) Subsections (1) and (2) do not apply to an individual who (a) in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms; (b) is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family; (c) on the commencement day, possessed one or more firearms and does not require a licence to acquire other firearms; (d) requires a licence merely to acquire cross-bows; or (e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms. (5) Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.Special Cases-Persons
8. (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section. (2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family. (3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition. (4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows. (5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence. 9. (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms (2) A business other than a carrier is eligible to hold a licence only if (a) a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or (b) the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section. (3) A business other than a carrier is eligible to hold a licence only if every employee of the business who, in the course of duties of employment, handles or would handle firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition is the holder of a licence authorizing the holder to acquire restricted firearms. (4) In subsection (3), "firearm" does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon (a) from which any shot, bullet or other projectile can be discharged; and (b) that is capable of causing serious bodily injury or death to a person. (5) Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person's ineligibility. (6) Subsection (3) does not apply in respect of an employee of a museum (a) who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or (b) who is designated, by name, by a provincial minister. 10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.Special Cases-Prohibited Firearms, Weapons, Devices and Ammunition
11. (1) A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section. (2) A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose. (3) A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. 12. (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section. (2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual (a) on January 1, 1978 possessed one or more automatic firearms; (b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms. (3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual (a) on August 1, 1992 possessed one or more automatic firearms (i) that had been so altered, and (ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for; (b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered. (4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as S0R/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual (a) before July 27, 1992 possessed one or more firearms that were so declared; (b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared. (5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual (a) before January 1, 1995 possessed one or more firearms that were so declared; (b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared. (6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual (a) on February 14, 1995 (i) held a registration certificate under the former Act for one or more of those handguns, or (ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns; (b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns. (7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6) that was manufactured before 1946 if the particular individual is the spouse or a brother, sister, child or grandchild of an individual who was eligible under this or that subsection to hold a licence authorizing the individual to possess the particular handgun. (8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual (a) on the day on which the provision comes into force possesses one or more of those firearms; and (b) beginning on (i) the day on which that provision comes into force, or (ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued was continuously the holder of a registration certificate for one or more of those firearms.Registration Certificates
13. A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm. 14. A registration certificate may be issued only for a firearm (a) that bears a serial number sufficient to distinguish it from other firearms; or (b) that is described in the prescribed manner. 15. A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force. 16. (1) A registration certificate for a firearm may be issued to only one person. (2) Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.AUTHORIZED TRANSPORTATION OF FIREARMS
17. Subject to sections 18 to 20, a prohibited firearm or restricted firearm the holder of the registration certificate for which is an individual may be possessed only at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a chief firearms officer. 18. An individual who holds a licence authorizing the individual to possess prohibited firearms may be authorized to transport a particular prohibited firearm between two or more specified places (a) in the case of a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or (b) if the individual (i) changes residence, (ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code, (iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or (iv) wishes to transport the firearm to a gun show. 19. (1) An individual who holds a licence authorizing the individual to possess restricted firearms may be authorized to transport a particular restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing, (a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or (b) if the individual (i) changes residence, (ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code, (iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or (iv) wishes to transport the firearm to a gun show. (2) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with section 35. 20. An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun (a) to protect the life of that individual or of other individuals; or (b) for use in connection with his or her lawful profession or occupation.AUTHORIZED TRANSFERS AND LENDING
General Provisions
21. For the purposes of sections 22 to 32, "transfer" means sell, barter or give. 22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual (a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or (b) is impaired by alcohol or a drug.Authorized Transfers
23. A person may transfer a firearm if, at the time of the transfer, (a) the transferee produces to the person a document that purports to be a licence authorizing the transferee to acquire and possess that kind of firearm; (b) the person (i) has no reason to believe that the transferee is not authorized by the document to acquire and possess that kind of firearm, and (ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; (c) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; (d) a new registration certificate for the firearm is issued in accordance with this Act; and (e) the prescribed conditions are complied with. 24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business. (2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if (a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; (b) the business produces to the person a document that purports to be a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; (c) the person (i) has no reason to believe that the business is not authorized by the document to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and (ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; and (d) the prescribed conditions are complied with. 25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual (a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or (b) after January 1, 2001, holds a licence authorizing him or her to possess firearms. 26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions. (2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions. 27. On being informed of a proposed transfer of a firearm under section 23, of a proposed transfer of a firearm, prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business under section 24 or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 40(1)(c), a chief firearms officer shall (a) verify (i) whether the transferee or individual holds a licence, (ii) whether the transferee or individual is still eligible to hold that licence, and (iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; (b) in the case of (i) a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), or (ii) a proposed importation of a restricted firearm, verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose; (c) decide whether to approve the transfer or importation and inform the Registrar of that decision; and (d) take the prescribed measures. 28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) or the importation by an individual of a restricted firearm under paragraph 40(1)(c) only if the chief firearms officer is satisfied (a) that the individual needs the restricted firearm or handgun (i) to protect the life of that individual or of other individuals, or (ii) for use in connection with his or her lawful profession or occupation; or (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is (i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or (ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30. 29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located. (2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if (a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and (b) the premises of the shooting club or shooting range are located in that province. (3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e). (4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization. (5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range. (6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81. (7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person. 30. The criteria referred to in subparagraph 28(b)(ii) are that the individual (a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses; (b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and (c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns. 31. (1) On being informed of a proposed transfer of a firearm, the Registrar may (a) issue a new registration certificate for the firearm in accordance with this Act; and (b) revoke any registration certificate for the firearm held by the transferor. (2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm. 32. A person may transfer a firearm by mail only if (a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; (b) the firearm is delivered by a person designated by a chief firearms officer and the person ensures that the transferee holds a licence authorizing the transferee to acquire that kind of firearm; and (c) the prescribed conditions are complied with.Authorized Lending
33. Subject to section 34, a person may lend a firearm only if (a) the person (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and (ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or (b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it. 34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if (a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and (b) the prescribed conditions are complied with.AUTHORIZED EXPORTATION AND IMPORTATION
Individuals
35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation, (a) the non-resident (i) is eighteen years old or older, (ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and (iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and (b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii). (2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements. (3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner. (4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and (a) the non-resident has not truthfully completed the prescribed form, or (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed, the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office. 36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of (a) the expiration of those sixty days, and (b) the expiration of the authorization to transport. (2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days. (3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail. 37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation, (a) the non-resident (i) declares the firearm to a customs officer, and (ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and (b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner. (2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements. (3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner. 38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation, (a) the individual (i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and (ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and (b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner. (2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm. (3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner. 39. An individual may export a replica firearm if he or she declares the replica firearm to a customs officer in the prescribed manner. 40. (1) An individual who holds a licence may import a firearm if, at the time of the importation, (a) the individual declares the firearm to a customs officer in the prescribed manner; (b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm; (c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued, (i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing, (ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm, (iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and (iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and (d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner. (2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements. (3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner. (4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38. (5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office. (6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner. 41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective. 42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.Businesses
43. A business may export or import a firearm, prohibited weapon, restricted weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition only if the business holds an authorization to export or an authorization to import. 44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization (a) in the case of a firearm, holds the registration certificate for the firearm; (b) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the exportation; (c) holds a licence authorizing it to possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada; (d) indicates the destination of those goods; and (e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar. 45. (1) A business that holds an authorization to export goods described in section 43 must produce the authorization to a customs officer at the time of the exportation. (2) A customs officer may confirm an authorization to export. (3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 43. (4) A good that is detained under subsection (3) may be disposed of in the prescribed manner. 46. An authorization to import goods described in section 43 may be issued to a business only if the business that applies for such an authorization (a) holds a licence authorizing it to acquire and possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada; (b) identifies those goods in the prescribed manner; (c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation; (d) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, specifies the prescribed purpose for the importation; (e) indicates the destination in Canada of those goods; and (f) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar. 47. (1) A business that holds an authorization to import goods described in section 43 must produce the authorization at a customs office to a customs officer at the time of the importation. (2) A customs officer may confirm an authorization to import. (3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 43 to be exported from that customs office, in which case the goods may be exported without any other authorization. (4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner. 48. An authorization to import a firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective. 49. Each exportation or importation of goods described in section 43 requires a separate authorization to export or authorization to import. 50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business. 51. The Registrar shall inform the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import. 52. No business shall export or import goods described in section 43 except at a customs office designated for that purpose by the Minister of National Revenue. 53. No business shall import a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition that is to be shipped in transit through Canada and exported.LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS
Applications
54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees. (2) An application for a licence, registration certificate or authorization must be made to (a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or (b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import. (3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to, (a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and (b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento remembrance or souvenir. 55. (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization. (2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse, former spouse, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.Issuance
56. (1) A chief firearms officer is responsible for issuing licences. (2) Only one licence may be issued to any one individual. (3) A business other than a carrier requires a separate licence for each place where the business is carried on. 57. A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport. 58. (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person. (2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual. (3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it. 59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued. 60. The Registrar is responsible for issuing registration certificates for firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import. 61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it. (2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it. (3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence. (4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition. 62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable. 63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada. (2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued. (3) Authorizations to carry are not valid outside the province in which they are issued.Term
64. (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of (a) five years after the birthday of the holder next following the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. (2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of (a) the day on which the holder attains the age of eighteen years, and (b) the expiration of the period for which it is expressed to be issued. (3) A licence that is issued to a business other than a museum expires on the earlier of (a) one year after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. (4) A licence that is issued to a museum expires on the earlier of (a) three years after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. 65. (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued. (2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of (a) the expiration of the period for which the condition is expressed to be attached, and (b) the expiration of the licence. (3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires (a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of (i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and (ii) the expiration of the licence; and (b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years. (4) An authorization to carry expires (a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of (i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and (ii) the expiration of the licence; and (b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years. 66. A registration certificate for a firearm expires where (a) the holder of the registration certificate ceases to be the owner of the firearm; or (b) the firearm ceases to be a firearm. 67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued. (2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for (a) the purpose described in section 28 for which the individual acquired the restricted firearms or handguns; or (b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application. (3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) that are possessed by an individual are not being used for that purpose shall (a) give notice of that decision in the prescribed form to the individual; and (b) inform the Registrar of that decision. (4) Subsections (2) and (3) do not apply to a firearm (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir; (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act. (5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.Refusal to Issue and Revocation
68. A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason. 69. The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate. 70. (1) A chief firearms officer who issues a licence, authorization to carry or authorization to transport may revoke it for any good and sufficient reason including, without limiting the generality of the foregoing, (a) where the holder of the licence or authorization (i) is no longer or never was eligible to hold the licence or authorization, (ii) contravenes any condition attached to the licence or authorization, or (iii) has been convicted or discharged under section 736 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 736 of the Criminal Code of any such offence. (2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason. 71. (1) The Registrar (a) may revoke a registration certificate for any good and sufficient reason; and (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for (i) the purpose for which the individual acquired it, or (ii) in the case of a firearm possessed by the individual on the commencement day, the purpose specified by the individual in the licence application. (2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate. 72. (1) Where a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization. (2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81. (3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person. (4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder. (5) A notice given under subsection (1) in respect of a registration certificate must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code and section 112 of this Act do not apply to the applicant or holder. (6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.International and Interprovincial Carriers
73. Sections 54 to 72 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar. References to Provincial Court Judge 74. (1) Subject to subsection (2), where (a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import, (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for (i) the purpose for which the individual acquired the firearm, or (ii) in the case of a firearm possessed by an individual on the commencement day, the purpose specified by the individual in the licence application, or (c) a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act, the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides. (2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days. 75. (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify. (2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder. (3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified. (4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant. 76. On the hearing of a reference, the provincial court judge may, by order, (a) confirm the decision of the chief firearms officer, Registrar or provincial minister; (b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or (c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.Appeals to Superior Court and Court of Appeal
77. (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order. (2) Subject to section 78, where a provincial court judge makes an order under paragraph 76(b) or (c), (a) the Attorney General of Canada may appeal to the superior court against the order, if the order is directed to a chief firearms officer who was designated by the federal Minister, to the Registrar or to the federal Minister; or (b) the attorney general of the province may appeal to the superior court against the order, in the case of any other order made under paragraph 76(b) or (c). 78. (1) An appellant who proposes to appeal an order made under section 76 to the superior court must give notice of appeal not later than thirty days after the order is made. (2) The superior court may, either before or after the expiration of those thirty days, extend the time within which notice of appeal may be given. (3) A notice of appeal must set out the grounds of appeal, together with such further material as the superior court may require. (4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on (a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 76(a) confirming a decision of a chief firearms officer who was designated by the federal Minister, of the Registrar or of the federal Minister; (b) the attorney general of the province, in the case of an appeal against any other order made under paragraph 76(a); (c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and (d) any other person specified by the superior court. 79. (1) On the hearing of an appeal, the superior court may (a) dismiss the appeal; or (b) allow the appeal and, in the case of an appeal against an order made under paragraph 76(a), (i) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range, or (ii) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67. (2) A superior court shall dispose of an appeal against an order made under paragraph 76(a) by dismissing it, unless the appellant establishes to the satisfaction of the court that a disposition referred to in paragraph (l)(b) is justified. 80. An appeal to the court of appeal may, with leave of that court or of a judge of that court, be taken against a decision of a superior court under section 79 on any ground that involves a question of law alone. 81. Part XXVII of the Criminal Code, except sections 785 to 812, 816 to 819 and 829 to 838, applies in respect of an appeal under this Act, with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.CANADIAN FIREARMS REGISTRATION SYSTEM
Registrar of Firearms
82. The Commissioner of the Royal Canadian Mounted Police shall, after consulting with the federal Minister and the Solicitor General of Canada, appoint an individual as the Registrar of Firearms.Records of the Registrar
83. (1) The Registrar shall establish and maintain a registry, to be known as the Canadian Firearms Registry, in which shall be kept a record of (a) every licence, registration certificate and authorization that is issued or revoked by the Registrar; (b) every application for a licence, registration certificate or authorization that is refused by the Registrar; (c) every transfer of a firearm of which the Registrar is informed under section 26 or 27; (d) every exportation from or importation into Canada of a firearm of which the Registrar is informed under section 42 or 50; (e) every loss, finding, theft or destruction of a firearm of which the Registrar is informed under section 88; and (f) such other matters as may be prescribed. (2) The Registrar is responsible for the day-to-day operation of the Canadian Firearms Registry. 84. The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed. 85. (1) The Registrar shall establish and maintain a record of (a) firearms acquired or possessed by the following persons and used by them in the course of their duties or for the purposes of their employment, namely, (i) peace officers, (ii) persons training to become police officers or peace officers under the control and supervision of (A) a police force, or (B) a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province, (iii) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and (iv) chief firearms officers and firearms officers; and (b) firearms acquired or possessed by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province. (2) A person referred to in subsection (1) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer. (3) The Registrar may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed. 86. The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.Records of Chief Firearms Officers
87. (1) A chief firearms officer shall keep a record of (a) every licence and authorization that is issued or revoked by the chief firearms officer; (b) every application for a licence or authorization that is refused by the chief firearms officer; (c) every prohibition order of which the chief firearms officer is informed under section 89; and (d) such other matters as may be prescribed. (2) A chief firearms officer may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed. 88. A chief firearms officer to whom the loss, finding, theft or destruction of a firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.Reporting of Prohibition Orders
89. Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.Access to Records
90. The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.Electronic Filing
91. (1) Subject to the regulations, notices and documents that are sent to or issued by the Registrar pursuant to this or any other Act of Parliament may be sent or issued in electronic or other form in any manner specified by the Registrar. (2) For the purposes of this Act and Part III of the Criminal Code, a notice or document that is sent or issued in accordance with subsection (1) is deemed to have been received at the time and date provided by the regulations. 92. (1) Records required by section 83 or 85 to be kept by the Registrar may (a) be in bound or loose-leaf form or in photographic film form; or (b) be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written or printed form within a reasonable time. (2) Subject to the regulations, a document or information received by the Registrar under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible written or printed form within a reasonable time. (3) Where the Registrar maintains a record of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same probative value as the document would have had if it had been proved in the ordinary way.Reports
93. (1) The Registrar shall, as soon as possible after the end of each calendar 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 including such information as the Solicitor General may direct, with regard to the administration of this Act. (2) The Solicitor General of Canada shall have each report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Solicitor General receives it. 94. A chief firearms officer shall submit the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Registrar to compile the reports referred to in section 93.GENERAL
Agreements with Provinces
95. The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces (a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.Other Matters
96. The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons. 97. (1) Subject to subsection (2), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. (2) Subsection (1) does not apply where it is not desirable, in the interests of the safety of any person, that the employees of the business be so exempted. (3) A provincial minister may attach to an exemption any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.DELEGATION
98. A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province. 99. (1) Subject to subsections (2) and (3), a firearms officer who is designated in writing by a chief firearms officer may perform such duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code as are specified in the designation. (2) A licence that is issued to a business authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition must be issued by a chief firearms officer personally. (3) An authorization to carry must be issued by a chief firearms officer personally. 100. A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.INSPECTION
101. In sections 102 to 105, "inspector" means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister. 102. (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may (a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply; (b) examine any firearm and examine any other thing that the inspector finds and take samples of it; (c) conduct any tests or analyses or take any measurements; and (d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations. (2) In carrying out an inspection of a place under subsection (1), an inspector may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document. (3) In carrying out an inspection of a place under subsection (1), an inspector may not use force. (4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm. (5) For greater certainty, in this section, "business" has the meaning assigned by subsection 2(1). 103. The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require. 104. (1) An inspector may not enter a dwelling-house under section 102 except (a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and (b) with the consent of the occupant or under a warrant. (2) A justice who on ex parte application is satisfied by information on oath (a) that the conditions for entry described in section 102 exist in relation to a dwelling house, (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant. (3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only (a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and (b) in addition, in the case of a dwelling- house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business. 105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that the person is the holder of the registration certificate for the firearm.OFFENCES
106. (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization. (2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the document. (3) In this section, "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not. 107. Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies (a) a licence, registration certificate or authorization; or (b) a confirmation by a customs officer of a document under this Act. 108. Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition. 109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 110. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person. 111. Every person who commits an offence under section 110 or who does not comply with section 103 (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. 112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm. (2) Subsection (1) does not apply to (a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; (b) a person who comes into possession of a firearm by operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it or obtains a registration certificate for it; or (c) a person who possesses a firearm and who is not the holder of a registration certificate for the firearm if the person (i) has borrowed the firearm, (ii) is the holder of a licence under which the person may possess it, and (iii) is in possession of the firearm to hunt or trap in order to sustain himself or herself or his or her family. (3) Every person who, at any particular time between the commencement day and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is neither a prohibited firearm nor a restricted firearm is deemed for the purposes of subsection (1) to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for the firearm. (4) Where, in any proceedings for an offence under this section, any question arises as to whether a person is the holder of a registration certificate, the onus is on the defendant to prove that the person is the holder of the registration certificate. 113. Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105. 114. Every person commits an offence who being the holder of a licence, registration certificate or authorization that is revoked does not deliver it up to a peace officer or firearms officer without delay after the revocation. 115. Every person who commits an offence under section 112, 113 or 114 is guilty of an offence punishable on summary conviction. 116. Any proceedings in respect of an offence under this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.REGULATIONS
117. The Governor in Council may make regulations (a) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences; (b) regulating the revocation of licences, registration certificates and authorizations; (c) prescribing the circumstances in which an individual does or does not need firearms (i) to protect the life of that individual or of other individuals, or (ii) for use in connection with his or her lawful profession or occupation; (d) regulating the use of firearms in target practice or target shooting competitions; (e) regulating (i) the establishment and operation of shooting clubs and shooting ranges, (ii) the activities that may be carried on at shooting clubs and shooting ranges, (iii) the possession and use of firearms at shooting clubs and shooting ranges, and (iv) the keeping and destruction of records in relation to shooting clubs and shooting ranges and members of those clubs and ranges; (f) regulating the establishment and maintenance of gun collections and the acquisition and disposal or disposition of firearms that form part or are to form part of a gun collection; (g) regulating the operation of gun shows, the activities that may be carried on at gun shows and the possession and use of firearms at gun shows; (h) regulating the storage, handling, transportation, shipping, display, advertising and mail-order sale of firearms and restricted weapons and defining the expression "mail-order sale" for the purposes of this Act; (i) regulating the storage, handling, transportation, shipping, possession for a prescribed purpose, transfer, exportation or importation of (i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition, or (ii) components or parts of prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition; (j) regulating the possession and use of restricted weapons; (k) for authorizing (i) the possession at any place, (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration, or (iii) the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms; (l) regulating the storage, handling, transportation, shipping, acquisition, possession, transfer, exportation, importation, use and disposal or disposition of firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and explosive substances (i) by the following persons in the course of their duties or for the purposes of their employment, namely, (A) peace officers, (B) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province, (C) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and (D) chief firearms officers and firearms officers, and (ii) by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province; (m) regulating the keeping and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition; (n) regulating the keeping and destruction of records by businesses in relation to ammunition; (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (l), (m) or (n); (p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, registration certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act; (q) waiving or reducing the fees payable under paragraph (p) in such circumstances as may be specified in the regulations; (r) prescribing the charges that are to be paid to Her Majesty in right of Canada in respect of costs incurred by Her Majesty in right of Canada in storing goods that are detained by customs officers or in disposing of goods; (s) respecting the operation of the Canadian Firearms Registry; (t) regulating the sending or issuance of notices and documents in electronic or other form, including (i) the notices and documents that may be sent or issued in electronic or other form, (ii) the persons or classes of persons by whom they may be sent or issued, (iii) their signature in electronic or other form or their execution, adoption or authorization in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as their signature, and (iv) the time and date when they are deemed to be received; (u) respecting the manner in which any provision of this Act or the regulations applies to any of the aboriginal peoples of Canada, and adapting any such provision for the purposes of that application; (v) repealing (i) section 4 of the Cartridge Magazine Control Regulations, made by Order in Council P.C. 1992-1660 of July 16, 1992 and registered as SOR/92-460, and the heading before it, (ii) the Designated Areas Firearms Order, C.R.C., chapter 430, (iii) section 4 of the Firearms Acquisition Certificate Regulations, made by Order in Council P.C. 1992-1663 of July 16, 1992 and registered as SOR/92-461, and the heading before it, (iv) section 7 of the Genuine Gun Collector Regulations, made by Order in Council P.C. 1992-1661 of July 16, 1992 and registered as S0R/92-435, and the heading before it, (v) sections 8 and 13 of the Prohibited Weapons Control Regulations, made by Order in Council P.C. 1991-1925 of October 3, 1991 and registered as SOR/91-572, and the headings before them, (vi) the Restricted Weapon Registration Certificate for Classes of Persons other than Individuals Regulations, made by Order in Council P.C. 1993-766 of April 20, 1993 and registered as S0R/93-200, and (vii) sections 7, 15 and 17 of the Restricted Weapons and Firearms Control Regulations, made by Order in Council P.C. 1978-2572 of August 16, 1978 and registered as S0R/78-670, and the headings before them; and (w) prescribing anything that by any provision of this Act is to be prescribed by regulation. 118. (1) Subject to subsection (2), the federal Minister shall have each proposed regulation laid before each House of Parliament. (2) Where a proposed regulation is laid pursuant to subsection (1), it shall be laid before each House of Parliament on the same day. (3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House. (4) A proposed regulation that has been laid pursuant to subsection (1) may be made (a) on the expiration of thirty sitting days after it was laid; or (b) where, with respect to each House of Parliament, (i) the committee reports to the House, or (ii) the committee decides not to conduct inquiries or public hearings. (5) For the purpose of this section, "sitting day" means a day on which either House of Parliament sits. 119. (1) No proposed regulation that has been laid pursuant to section 118 need again be laid under that section, whether or not it has been altered. (2) A regulation made under section 117 may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 118 should not be applicable in the circumstances. (3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances. (4) Where the federal Minister forms the opinion described in subsection (2) or (3), he or she shall have a statement of the reasons why he or she formed that opinion laid before each House of Parliament. (5) A regulation may be made under paragraph 117(w) prescribing a date for the purposes of the application of any provision of this Act without being laid before either House of Parliament. (6) For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament.TRANSITIONAL PROVISIONS
Licences
120. (1) A firearms acquisition certificate is deemed to be a licence if it (a) was issued under section 110 or 111 of the former Act; (b) had not been revoked before the commencement day; and (c) was valid pursuant to subsection 106(11) of the former Act, or pursuant to that subsection as applied by subsection 107(1) of the former Act, on the commencement day. (2) A firearms acquisition certificate that is deemed to be a licence authorizes the holder (a) to acquire and possess any firearms other than prohibited firearms that are acquired by the holder on or after the commencement day and before the expiration or revocation of the firearms acquisition certificate; (b) in the case of an individual referred to in subsection 12(2), (3), (4), (5), (6) or (8), to acquire and possess any prohibited firearms referred to in that subsection that are acquired by the holder on or after the commencement day; and (c) in the case of a particular individual who is eligible under subsection 12(7) to hold a licence authorizing the particular individual to possess a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) in the circumstances described in subsection 12(7), to acquire and possess such a handgun in those circumstances, if the particular handgun is acquired by the particular individual on or after the commencement day. (3) A firearms acquisition certificate that is deemed to be a licence expires on the earlier of (a) five years after the day on which it was issued, and (b) the issuance of a licence to the holder of the firearms acquisition certificate. (4) Where a firearms acquisition certificate that is deemed to be a licence is lost, stolen or destroyed before its expiration under subsection (3), a person who has authority under this Act to issue a licence may issue a replacement firearms acquisition certificate that has the same effect as the one that was lost, stolen or destroyed. 121. (1) A permit is deemed to be a licence if it (a) was issued under subsection 110(6) or (7) of the former Act to a person who was under the age of eighteen years; (b) had not been revoked before the commencement day; and (c) remained in force pursuant to subsection 110(8) of the former Act on the commencement day. (2) A permit that is deemed to be a licence authorizes the holder to possess firearms that are neither prohibited firearms nor restricted firearms. (3) A permit that is deemed to be a licence is valid only in the province in which it was issued, unless the permit was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces. (4) A permit that is deemed to be a licence expires on the earliest of (a) the expiration of the period for which it was expressed to be issued, (b) the day on which the person to whom it was issued attains the age of eighteen years, and (c) five years after the birthday of the person next following the day on which it was issued, if that fifth anniversary occurs on or after the commencement day. 122. (1) An approval of a museum, other than a museum established by the Chief of the Defence Staff, is deemed to be a licence if the approval (a) was granted under subsection 105(1) of the former Act; and (b) had not been revoked before the commencement day. (2) An approval of a museum that is deemed to be a licence expires on the earlier of (a) the expiration of the period for which the approval was expressed to be granted, and (b) three years after the commencement day. 123. (1) A permit to carry on a business described in paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(i) of the former Act is deemed to be a licence if it (a) was (i) issued under subsection 110(5) of the former Act, or (ii) continued under subsection 6(2) of the Criminal Law Amendment Act 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; (b) had not been revoked before the commencement day; (c) had not ceased to be in force or have any effect on October 30, 1992 under section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, chapter 40 of the Statutes of Canada, 1991; and (d) remained in force pursuant to subsection 110(5) of the former Act on the commencement day. (2) A permit that is deemed to be a licence expires on the earlier of (a) the expiration of the period for which the permit was expressed to be issued, and (b) one year after the commencement day. 124. A permit or an approval of a museum that is deemed to be a licence under section 122 or 123 is valid only for the location of the business or museum for which it was issued. 125. (1) A designation of a person is deemed to be a licence if it (a) was made under subsection 90(3.1) or paragraph 95(3)(b) of the former Act; and (b) had not been revoked before the commencement day. (2) A designation of a person that is deemed to be a licence is valid only in the province in which it was made. (3) A designation of a person that is deemed to be a licence expires on the earliest of (a) the expiration of the period for which it was expressed to be made, (b) one year after the commencement day, and (c) in the case of a designation of a person who holds a permit that is deemed to be a licence under section 123, the expiration of the permit. 126. Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 120 to 125 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that (a) a licence shall be issued instead of issuing a firearms acquisition certificate or a permit or making an approval or designation; and (b) only a person who has authority under this Act to issue a licence may finally dispose of the application.Registration Certificates
127. (1) A registration certificate is deemed to be a registration certificate issued under section 60 if it (a) was (i) issued under subsection 109(7) of the former Act, or (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(2) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; and (b) had not been revoked before the commencement day. (2) A registration certificate that is deemed to be a registration certificate issued under section 60 expires on the earlier of (a) its expiration under section 66, and (b) December 31, 2002, or such other date as is prescribed. 128. Every application for a registration certificate that was pending on the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that only a person who has authority under this Act to issue a registration certificate may finally dispose of the application.Authorized Transportation of Firearms
129. (1) A permit authorizing a person to possess a particular prohibited firearm or restricted firearm is deemed to be an authorization to carry or authorization to transport if it (a) was (i) issued under subsection 110(1) of the former Act, or (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; (b) had not been revoked before the commencement day; and (c) remained in force pursuant to subsection 110(1) of the former Act on the commencement day. (2) A permit that is deemed to be an authorization to carry or authorization to transport is valid only in the province in which the permit was issued, unless it was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces. (3) A permit that is deemed to be an authorization to carry or authorization to transport expires on the earlier of (a) the expiration of the period for which it was expressed to be issued, and (b) two years after the commencement day. 130. A permit authorizing a person who does not reside in Canada to possess and carry a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it (a) was issued under subsection 110(2.1) of the former Act; (b) had not been revoked before the commencement day; and (c) remained in force pursuant to that subsection on the commencement day. 131. A permit authorizing a person to transport or to convey to a local registrar of firearms a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it (a) was (i) issued under subsection 110(3) or (4) of the former Act, or (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; (b) had not been revoked before the commencement day; and (c) remained in force pursuant to subsection 110(3) or (4) of the former Act on the commencement day. 132. A permit that is deemed to be an authorization to transport under section 130 or 131 expires on the expiration of the period for which the permit was expressed to be issued. 133. Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 129 to 131 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that (a) an authorization to carry or authorization to transport shall be issued or a condition shall be attached to a licence instead of issuing a permit; and (b) only a person who has authority under this Act to issue an authorization to carry or authorization to transport may finally dispose of the application. 134. (1) An approval of a shooting club is deemed to be an approval granted under this Act if the approval (a) was granted under subparagraph 109(3)(c)(iii) or paragraph 110(2)(c) of the former Act; and (b) had not been revoked before the commencement day. (2) An approval of a shooting club that is deemed to be an approval granted under this Act expires on the earlier of (a) the expiration of the period for which it was expressed to be granted, and (b) one year after the commencement day. 135. Every permit authorizing a person to temporarily store a particular prohibited firearm or restricted firearm (a) that was issued under subsection 110(3.1) of the former Act, (b) that had not been revoked before the commencement day, and (c) that remained in force pursuant to subsection 110(3.3) of the former Act on the commencement day continues in force until the expiration of the period for which it was expressed to be issued unless the permit is revoked by a chief firearms officer for any good and sufficient reason.CONDITIONAL AMENDMENTS TO THIS ACT
136. If Bill C-7, introduced during the first session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then, on the later of the day on which sections 6 and 7 of that Act come into force and the day on which this Act is assented to, subparagraph 5(2)(a)(iv) of this Act is replaced by the following: (iv) an offence relating to a contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act; 137. If Bill C-41, introduced in the first session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, is assented to, then, on the later of the day on which section 730 of the Criminal Code, as enacted by section 6 of that Act, comes into force and the day on which this Act is assented to, the following provisions of this Act are amended by replacing the expression "section 736 of the Criminal Code" with the expression "section 730 of the Criminal Code": (a) paragraph 5(2)(a); and (b) paragraphs 70(1)(a) and (b).AMENDMENTS TO THE CRIMINAL CODE
138. (1) The definition "weapon" in section 2 of the Criminal Code is replaced by the following: "weapon" means any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm; (2) Section 2 of the Act is amended by adding the following in alphabetical order: "firearm" means a 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;
139. Part III of the Act is replaced by the following:PART III
FIREARMS AND OTHER WEAPONS
Interpretation
84. (1) In this Part and subsections 491(1), 515(4.1) and (4.11) and 810(3.1) and (3.11), "ammunition" means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell; "antique firearm'' means (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or (b) any firearm that is prescribed to be an antique firearm; "authorization" means an authorization issued under the Firearms Act, "automatic firearm" means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger, "cartridge magazine" means a device or container from which ammunition may be fed into the firing chamber of a firearm; "chief firearms officer" means a chief firearms officer as defined in subsection 2(1) of the Firearms Act, "cross-bow" means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person; "export" means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada; "firearms officer'' means a firearms officer as defined in subsection 2(1) of the Firearms Act; "handgun" means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; "imitation firearm" means any thing that imitates a firearm, and includes a replica firearm; "import" means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada; "licence" means a licence issued under the Firearms Act, "prescribed" means prescribed by the regulations; "prohibited ammunition" means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; "prohibited device" means (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device, (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union, (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm, (d) a cartridge magazine that is prescribed to be a prohibited device, or (e) a replica firearm; "prohibited firearm" means (a) a handgun that (i) has a barrel equal to or less than 105 mm in length, or (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge, but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union, (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted, (i) is less than 660 mm in length, or (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length, (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or (d) any firearm that is prescribed to be a prohibited firearm; "prohibited weapon" means (a) a 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, or (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; "prohibition order" means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; "Registrar" means the Registrar of Firearms appointed under section 82 of the Firearms Act, "registration certificate" means a registration certificate issued under the Firearms Act, "replica firearm'' means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; "restricted firearm" means (a) a handgun that is not a prohibited firearm, (b) a firearm that (i) is not a prohibited firearm, (ii) has a barrel less than 470 mm in length, and (iii) is capable of discharging centrefire ammunition in a semi-automatic manner, (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or (d) a firearm of any other kind that is prescribed to be a restricted firearm; "restricted weapon" means any weapon, other than a firearm, that is prescribed to be a restricted weapon; "superior court" means (a) in Ontario, the Ontario Court (General Division), sitting in the region, district or county or group of counties where the relevant adjudication was made, (b) in Quebec, the Superior Court, (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench, (d) in Nova Scotia, British Columbia and a territory, the Supreme Court, and (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; "transfer" means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. (2) For the purposes of this Part, the length of a barrel of a firearm is (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 does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil. (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms: (a) any antique firearm; (b) any device that is (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; (c) any shooting device that is (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second, or (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second. (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act. (4) For the purposes of this Part, a person is the holder of (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and (b) a registration certificate for a firearm if (i) the registration certificate has been issued to the person and the person continues to hold it, or (ii) the person possesses the registration certificate with the permission of its lawful holder.Use Offences
85. (1) Every person commits an offence who uses a firearm (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent-firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), (b) while attempting to commit an indictable offence, or (c) during flight after committing or attempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm. (2) Every person commits an offence who uses an imitation firearm (a) while committing an indictable offence, (b) while attempting to commit an indictable offence, or (c) during flight after committing or attempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm. (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; (b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and (c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years. (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2). 86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons. (2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons. (3) Every person who commits an offence under subsection (1) or (2) (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. 87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded. (2) Every person who commits an offence under subsection (1) (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.Possession Offences
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. (2) Every person who commits an offence under subsection (1) (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. 89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting. (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction. 90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed. (2) Every person who commits an offence under subsection (1) (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. 91. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm, unless the person is the holder of (a) a licence under which the person may possess it; and (b) a registration certificate for the firearm. (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless the person is the holder of a licence under which the person may possess it. (3) Every person who commits an offence under subsection (1) or (2) (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. (4) Subsections (1) and (2) do not apply to (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it, or (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm. (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person (a) has borrowed the firearm; (b) is the holder of a licence under which the person may possess it; and (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family. 92. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of (a) a licence under which the person may possess it; and (b) a registration certificate for the firearm. (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it. (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable (a) in the case of a first offence, to imprisonment for a term not exceeding ten years; (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day. (4) Subsections (1) and (2) do not apply to (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it, or (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm. (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person (a) has borrowed the firearm; (b) is the holder of a licence under which the person may possess it; and (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family. (6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates. 93. (1) Subject to subsection (3) and section 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is (a) indicated on the authorization or licence as being a place where the person may not possess it; (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or (c) other than a place where it may be possessed under the Firearms Act. (2) Every person who commits an offence under subsection (1) (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 possesses a replica firearm. 94. (1) Subject to subsections (3) to (5) and section 98, every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless (a) in the case of a firearm, (i) the person or any other occupant of the motor vehicle is the holder of (A) an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and (B) a registration certificate for the firearm, (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of (A) an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and (B) a registration certificate for the firearm, or (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament. (2) Every person who commits an offence under subsection (1) (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. (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle. (4) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law. (5) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person (a) has borrowed the firearm; (b) is the holder of a licence under which the person may possess it; and (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family. 95. (1) Subject to subsection (3) and section 98, every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of (a) an authorization or a licence under which the person may possess the firearm in that place; and (b) the registration certificate for the firearm. (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it. 96. (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence. (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it. 97. (1) Every person commits an offence who at any time sells, barters or gives a cross-bow to another person, unless the other person produces for inspection by the person at that time a licence that the person has no reasonable grounds to believe is invalid or was issued to anyone other than the other person. (2) Every person who commits an offence under subsection (1) (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) Subsection (1) does not apply to a person who lends a cross-bow to another person while that other person is under the direct and immediate supervision of a person who may lawfully possess it. 98. (1) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm without a firearm acquisition certificate because (a) the person possessed the firearm before January 1, 1979, or (b) the firearm acquisition certificate under which the person had acquired the firearm had expired, shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm. (2) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm and was the holder of a firearm acquisition certificate shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm. (3) Every person who, at any particular time between the coming into force of subsection 91(1), 92(1) or 94(1) and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is not a prohibited firearm or a restricted firearm shall be deemed for the purposes of that subsection to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for that firearm. Trafficking Offences 99. (1) Every person commits an offence who (a) manufactures or transfers, whether or not for consideration, or (b) offers to do anything referred to in paragraph (a) in respect of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament. (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year. 100. (1) Every person commits an offence' who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of (a) transferring it, whether or not for consideration, or (b) offering to transfer it, knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament. (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year. 101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. (2) Every person who commits an offence under subsection (1) (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.Assembling Offence
102. (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger. (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.Export and Import Offences
103. (1) Every person commits an offence who imports or exports (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year. (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government. 104. (1) Every person commits an offence who imports or exports (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. (2) Every person who commits an offence under subsection (1) (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) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government. Offences relating to Lost, Destroyed or Defaced Weapons, etc. 105. (1) Every person commits an offence who (a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person's possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or (b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer. (2) Every person who commits an offence under subsection (1) (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) Every person commits an offence who (a) after destroying any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (b) on becoming aware of the destruction of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person's possession before its destruction, does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer. (2) Every person who commits an offence under subsection (1) (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. 107. (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate. (2) Every person who commits an offence under subsection (1) (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) In this section, "report" or "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not. 108. (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person, (a) alters, defaces or removes a serial number on a firearm; or (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed. (2) Every person who commits an offence under subsection (1) (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) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a firearm the serial number on which has been altered, defaced or removed, where that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm. (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on 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 on it has been altered, defaced or removed.Prohibition Orders
109. (1) Where a person is convicted, or discharged under section 736, of (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more, (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment), (c) an offence relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act, or (d) an offence that involves, or the subject matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be. (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing (a) any firearm, other than a prohibited firearm or restricted firearm, and any cross-bow, restricted weapon, ammunition and explosive substance during the period that (i) begins on the day on which the order is made, and (ii) ends not earlier than ten years after the person's release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence; and (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life. (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life. (4) In subparagraph (2)(a)(ii), "release from imprisonment" means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole. (5) Sections 113 to 117 apply in respect of every order made under subsection (1). 110. (1) Where a person is convicted, or discharged under section 736, of (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which violence against a person was used, threatened or attempted, or (b) an offence that involves, or the subject matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order. (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person's release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence. (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court's reasons for not doing so. (4) In subsection (2), "release from imprisonment" means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole. (5) Sections 113 to 117 apply in respect of every order made under subsection (1). 111. (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing. (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought. (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought. (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant. (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made. (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court's reasons. (7) Sections 113 to 117 apply in respect of every order made under subsection (5). (8) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order. (9) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order. (10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court. (11) In this section and sections 112, 117.011 and 117.012, "provincial court judge" means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides. 112. A provincial court judge may, on application by the person against whom an order is made under subsection 111 (5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist. 113. (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person's family, or (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person, the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes. (2) A competent authority may make an order under subsection (1) only after taking the following factors into account: (a) the criminal record, if any, of the person; (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and (c) the safety of the person and of other persons. (3) Where an order is made under subsection (1), (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order. (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 111(5), 117.05(4) or 515(2), paragraph 737(2)(d) or subsection 810(3). (5) In this section, "competent authority" means the competent authority that made or has jurisdiction to make the prohibition order. 114. A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order, and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person. 115. (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person is forfeited to Her Majesty. (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Attorney General directs. 116. Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order. 117. Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on application for an order under this section, satisfied that a person, other than the person against whom a prohibition order was or will be made, (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 115(1) and is lawfully entitled to possess it, and (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the prohibition order was made, the competent authority shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament. (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament. (3) Every person who commits an offence under subsection (1) or (2) (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. (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1). Limitations on Access 117.011(1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought. (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought. (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought. (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant. (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the person's use and possession of anything referred to in subsection (1) as the provincial court judge considers appropriate. (6) In determining terms and conditions under subsection (5), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order. (7) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order. (8) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order. (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court. 117.012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.Search and Seizure
117.02 (1) Where a peace officer believes on reasonable grounds (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, and 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 seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed. (2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491. 117.03 (1) Notwithstanding section 117.02, a peace officer who finds (a) a person in possession of a firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and a registration certificate for the firearm, or (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it, may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it. (2) Where a person from whom any thing is seized pursuant to subsection (1) claims the thing within fourteen days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it, (a) an authorization or a licence under which the person is lawfully entitled to possess it, and (b) in the case of a firearm, a registration certificate for the firearm, the thing shall forthwith be returned to that person. (3) Where any thing seized pursuant to subsection (1) is not claimed and returned as and when provided by subsection (2), a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs. 117.04 (1) Where, pursuant to an application made by a peace officer with respect to, any person, a justice is satisfied that there are reasonable grounds to believe that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person. (2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds 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 such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person. (3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized. (4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked. 117.05 (1) Where any thing or document has been seized under subsection 117.04(1) or (2), the justice who issued the warrant authorizing the seizure or, if no warrant was issued, a justice who might otherwise have issued a warrant, shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within thirty days after the date of execution of the warrant or of the seizure without a 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. (2) A justice may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person from whom the thing or document was seized in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant. (3) At the hearing of an application made under subsection (1), the justice shall hear all relevant evidence, including evidence respecting the value of the thing in respect of which the application was made. (4) Where, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall (a) order that any thing seized be forfeited to Her Majesty or be otherwise disposed of; and (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order. (5) Where a justice does not make an order under subsection (4), or where a justice does make such an order but does not prohibit the possession of all of the things referred to in that subsection, the justice shall include in the record a statement of the justice's reasons. (6) Sections 113 to 117 apply in respect of every order made under subsection (4). (7) Where a justice makes an order under subsection (4) in respect of a person, or in respect of any thing that was seized from a person, the person may appeal to the superior court against the order. (8) Where a justice does not make a finding as described in subsection (4) following the hearing of an application under subsection (1), or makes the finding but does not make an order to the effect described in paragraph (4)(b), the Attorney General may appeal to the superior court against the failure to make the finding or to make an order to the effect so described. (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8) with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court. 117.06 (1) Any thing or document seized pursuant to subsection 117.04(1) or (2) shall be returned to the person from whom it was seized if (a) no application is made under subsection 117.05(1) within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be; or (b) an application is made under subsection 117.05(1) within the period referred to in paragraph (a), and the justice does not make a finding as described in subsection 117.05(4). (2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (3)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.Exempted Persons
117.07 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no public officer is guilty of an offence under this Act or the Firearms Act by reason only that the public officer (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of or for the purpose of the public officer's duties or employment; (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of the public officer's duties or employment; (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of the public officer's duties or employment; (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm in the course of the public officer's duties or employment; (e) in the course of the public officer's duties or employment, 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, discharging projectiles in rapid succession during one pressure of the trigger; (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of the public officer's duties or employment or the destruction of any such thing in the course of the public officer's duties or employment; or (g) alters a serial number on a firearm in the course of the public officer's duties or employment. (2) In this section, "public officer" means (a) a peace officer; (b) a member of the Canadian Forces or of the armed forces of a state other than Canada who is attached or seconded to any of the Canadian Forces; (c) an operator of a museum established by the Chief of the Defence Staff or a person employed in any such museum; (d) a member of a cadet organization under the control and supervision of the Canadian Forces; (e) a person training to become a police officer or a peace officer under the control and supervision of (i) a police force, or (ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province; (f) a member of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who is authorized under paragraph 1 4(a) of that Act to possess and carry explosives, ammunition and firearms; (g) a person, or member of a class of persons, employed in the public service of Canada or by the government of a province or municipality who is prescribed to be a public officer; or (h) a chief firearms officer and any firearms officer. 117.08 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance, (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition, (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, (e) 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, discharging projectiles in rapid succession during one pressure of the trigger, (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or (g) alters a serial number on a firearm, if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province. 117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment in relation to those specified activities, (a) possesses a prohibited firearm, a prohibited weapon, a prohibited device or any prohibited ammunition; (b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any prohibited ammunition; (c) 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, discharging projectiles in rapid succession during one pressure of the trigger; or (d) alters a serial number on a firearm. (2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not a 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. (3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual's duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing. (4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm. (5) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act u by reason only that the individual possesses or transfers a firearm in the course of the individual's duties or employment if the individual is designated, by name, by a provincial minister within the meaning of subsection 2(1) of the Firearms Act. (6) A provincial minister shall not designate an individual for the purpose of subsection (4) where it is not desirable, in the interests of the safety of any person, to designate the individual. (7) A provincial minister may attach to a designation referred to in subsection (4) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person. 117.1 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).General
117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate. 117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein. (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way. 117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate. (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. (4) For the purposes of this Act, service of a certificate of an analyst may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it. (5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service. 117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm. (2) An order made under subsection (1) may declare an amnesty period for the purpose of (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be. (3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part. (4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity. 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed. (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes. RELATED AND CONSEQUENTIAL AMENDMENTS TO THE CRIMINAL CODE 140. The definition "offence" in section 183 of the Act is amended by replacing the reference to "90 (possession of prohibited weapon), 95 (importing or exporting of prohibited weapon)," with a reference to "96 (possession of weapon obtained by commission of offence), 99 (weapons trafficking), 100 (possession for purpose of weapons trafficking), 102 (making automatic firearm), 103 (importing or exporting knowing it is unauthorized), 104 (unauthorized importing or exporting)". 141. Section 220 of the Act is replaced by the following: 220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 142. Section 236 of the Act is replaced by the following: 236. Every person who commits manslaughter is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 143. Section 239 of the Act is replaced by the following: 239. Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 144. Section 244 of the Act is replaced by the following: 244. Every person who, with intent (a) to wound, maim or disfigure any person, (b) to endanger the life of any person, or (c) to prevent the arrest or detention of any person, discharges a firearm at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years. 244.1 Every person who, with intent (a) to wound, maim or disfigure any person, (b) to endanger the life of any person, or (c) to prevent the arrest or detention of any person, discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 145. Section 272 of the Act is replaced by the following: 272. (1) Every person commits an offence who, in committing a sexual assault, (a) carries, uses or threatens to use a weapon or an imitation of a weapon; (b) threatens to cause bodily harm to a person other than the complainant; (c) causes bodily harm to the complainant; or (d) is a party to the offence with any other person. (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for a term not exceeding fourteen years. 146. Subsection 273(2) of the Act is replaced by the following: (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 147. Subsection 279(1) of the Act is replaced by the following: 279. (1) Every person commits an offence who kidnaps a person with intent (a) to cause the person to be confined or imprisoned against the person's will; (b) to cause the person to be unlawfully sent or transported out of Canada against the person's will; or (c) to hold the person for ransom or to service against the person's will. (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 148. Subsection 279.1(2) of the Act is replaced by the following: (2) Every person who takes a person hostage is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 149. Section 344 of the Act is replaced by the following: 344. Every person who commits robbery is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 150. Subsection 346(1.1) of the Act is replaced by the following: (1.1) Every person who commits extortion is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 151. (1) Subparagraph (a)(i) of the definition "enterprise crime offence" in section 462.3 of the Act is replaced by the following: (i) subsection 99(1) (weapons trafficking), (i.1) subsection 100(1) (possession for purpose of weapons trafficking), (i.2) subsection 102(1) (making automatic firearm), (i.3) subsection 103(1) (importing or exporting knowing it is unauthorized), (i.4) subsection 104(1) (unauthorized importing or exporting), (i.5) section 119 (bribery of judicial officers, etc.), (2) The portion of paragraph (b) of the definition "enterprise crime offence" in section 462.3 of the Act before subparagraph (1) is replaced by the following: (b) an offence against subsection 96(1) (possession of weapon obtained by commission of offence) or section 354 (possession of property obtained by crime), committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of 152. Section 491 of the Act is replaced by the following: 491. (1) Subject to subsection (2), where it is determined by a court that (a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained, the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs. (2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. (3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing. 153. Subsection 515(4.1) of the Act is replaced by the following: (4.1) When making an order under subsection (2), in the case of an accused who is charged with (a) an offence in the commission of which violence against a person was used, threatened or attempted, (b) an offence under section 264 (criminal harassment), (c) an offence relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act, or (d) an offence that involves, or the subject matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, the justice shall add to the order a condition prohibiting the accused from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or of any other person. (4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and registration certificates held by the person shall be surrendered. (4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition. 154. Items 13 to 16 of the schedule to Part XX.1 of the Act are replaced by the following: 13. Subsection 85(1)-using firearm in commission of offence 13.1 Subsection 85(2)-using imitation firearm in commission of offence 14. Subsection 86(1)-careless use of firearm, etc. 15. Subsection 87(1)-pointing a firearm 16. Subsection 88(1)-possession of weapon for dangerous purpose 155. Paragraph (b) of the definition "sentence" in section 673 of the Act is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), section 725, 726 or 727.9, subsection 736(1) or section 744, and 156. Paragraph (b) of the definition "sentence" in section 785 of the Act is replaced by the following: (b) an order made under subsection 110(1) or 259(1) or (2), section 261 or subsection 736(1), and 157. Subsection 810(3.1) of the Act is replaced by the following: (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance. (3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which (a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and registration certificates held by the person shall be surrendered. (3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
An Act to amend the Criminal Code
Offensive Weapons)
158. Section 2 of An Act to amend the Criminal Code (Offensive Weapons) is repealed.Criminal Law Amendment Act, 1968-69
159. Subsection 6(2) of the Criminal Law Amendment Act, 1968-69 is repealed. Criminal Law Amendment Act, 1977 160. Subsections 4(2) and (3) of the Criminal Law Amendment Act, 1977 are repealed. 161. Section 48 of the Act is repealed. An Act to amend the Criminal Code and the Customs Tariff in consequence thereof 162. Section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof is repealed. 163. Subsection 86(2) of the Criminal Code, as enacted by section 3 of the Act, is repealed. 164. Subsection 105(4) of the Criminal Code, as enacted by subsection 39(4) of the Act, is repealed. Corrections and Conditional Release Act 165. Paragraph 1(b) of Schedule I to the Corrections and Conditional Release Act is replaced by the following: (b) subsection 85(1) (using firearm in commission of offence); (b.1) subsection 85(2) (using imitation firearm in commission of offence);Criminal Records Act
166. The definition "sentence" in subsection 2(1) of the Criminal Records Act is replaced by the following: "sentence" has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110 or 259 of that Act or subsection 147.1(1) of the National Defence Act. 167. Paragraph 5(b) of the Act is replaced by the following: (b) unless the pardon is subsequently revoked or ceases to have effect, vacates the conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110 or 259 of the Criminal Code or subsection 147.1 (1) of the National Defence Act, or of a regulation made under an Act of Parliament.Customs Act
168. Subsection 28(1) of the Customs Act is replaced by the following: 28. (1) Subject to subsections (1.1) and (1.2), the operator of a sufferance warehouse, bonded warehouse or duty free shop is liable for all duties or taxes levied under the Customs Tariff, the Excise Tax Act, the Excise Act, the Special Import Measures Act or any other law relating to customs on goods that have been received therein unless the operator proves that the goods (a) are still in the warehouse or duty free shop; (b) have been destroyed while in the warehouse or duty free shop; (c) have been removed from the warehouse or duty free shop pursuant to section 19; (d) have been taken as a sample or seized under the Firearms Act or any other Act of Parliament; or (e) have been released by an officer.Customs Tariff
169. Code 9965 of Schedule VII to the Customs Tariff is replaced by the following: 9965 1. For the purposes of this Code: (a) "firearm" and "weapon" have the meanings assigned by section 2 of the Criminal Code; (b) "automatic firearm", "licence", "prohibited ammunition", "prohibited device", "prohibited firearm", "prohibited weapon", "restricted firearm" and "restricted weapon" have the meanings assigned by subsection 84(1) of the Criminal Code; (c) "public officer" has the meaning assigned by subsection 117.07(2) of the Criminal Code; (d) "business", "carrier" and "non-resident" have the meanings assigned by subsection 2(1) of the Firearms Act, and (e) "visiting force" has the meaning assigned by section 2 of the Visiting Forces Act. 2. Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this code referred to as "prohibited goods", but does not include the following: (a) prohibited goods imported by (i) a public officer in the course of the public officer's duties or employment, or (ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province, (b) prohibited goods imported through a prescribed port by a business that meets the requirements set out in sections 43, 46 and 47 of the Firearms Act, (c) prohibited goods, or any class of prohibited goods, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code; (d) any weapon that, pursuant to subsection 84(3) of the Criminal Code, is deemed not to be a firearm; (e) any firearm, other than a prohibited firearm, imported by (i) a non-resident who meets the requirements of section 35 of the Firearms Act, or (ii) an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (c) of that Act and, where the firearm was exported in accordance with section 38, paragraph 40(1)(b) of that Act; (f) any prohibited firearm imported by an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (b) and subsection 40(4) of the Firearms Act; (g) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued pursuant to section 8 of the Export and Import Permits Act, (h) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and (i) arms, military stores, munitions of war, or classes thereof, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code.Explosives Act
170. Section 29 of the Explosives Act is replaced by the following: 29. Nothing in this Act relieves any person of the obligation to comply with the requirements of any Act of Parliament relating to explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the possession, storage, handling, sale or transportation of explosives, or of any liability or punishment imposed for any contravention thereof.Export and Import Permits Act
171. Section 4.1 of the Export and Import Permits Act is replaced by the following: 4.1 The Governor in Council may establish a list of countries, to be called an Automatic Firearms Country Control List, including therein only countries with which Canada has an intergovernmental defence, research, development and production arrangement and to which the Governor in Council deems it appropriate to permit the export of (a) a prohibited firearm described in paragraph (c) or (d) of the definition "prohibited firearm" in subsection 84(1) of the Criminal Code, (b) a prohibited weapon described in paragraph (b) of the definition "prohibited weapon" in subsection 84(1) of the Criminal Code, or (c) a prohibited device described in paragraph (a) or (d) of the definition "prohibited device" in subsection 84(1) of the Criminal Code, or any component or part of any such thing, that is included in an Export Control List. 172. The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following: (2) The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless 173. Subsection 15(2) of the Act is replaced by the following: (2) No person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part designed exclusively for assembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List.Interpretation Act
174. Subsection 35(1) of the Interpretation Act is amended by adding the following in alphabetical order: "territory" means the Yukon Territory, the Northwest Territories and, after section 3 of the Nunavut Act comes into force, Nunavut;National Defence Act
175. (1) Section 2 of the National Defence Act is renumbered as subsection 2(1). (2) The definition "possession" in subsection 2(1) of the Act is repealed. (3) Section 2 of the Act is amended by adding the following after subsection (1): (2) For the purposes of the Code of Service Discipline and Part XII, (a) a person has anything in possession when the person has it in the person's personal possession or knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in the person's custody or possession, it shall be deemed to be in the custody and possession of each and all of them. 176. The Act is amended by adding the following after section 147:Prohibition Orders
147.1(1) Where a person is convicted by a court martial of an offence (a) in the commission of which violence against a person was used, threatened or attempted, (b) that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance, (c) relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act, or (d) that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code, the court martial shall, in addition to any other punishment that may be imposed for that offence, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court martial decides that it is so desirable, the court martial shall so order. (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order. (3) Unless the order specifies otherwise, an order made under subsection (1) against a person does not apply to prohibit the possession of any thing in the course of the person's duties or employment as a member of the Canadian Forces. (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order. 147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the person against whom the order is made to surrender to an officer or non-commissioned member appointed under the regulations for the purposes of section 156, or to the person's commanding officer, (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order, and where the court martial does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 of the Criminal Code does not apply to that person. 147.3 (1) Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty. (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs. 147.4 Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order. 147.5 Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made, (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and (b) had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made, the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.Young Offenders Act
177. The definition "disposition" in subsection 2(1) of the Young Offenders Act is replaced by the following: "disposition" means a disposition made under any of sections 20, 20.1 and 28 to 32, and includes a confirmation or a variation of a disposition; 178. Paragraph 20(1)(h) of the Act is replaced by the following: (h) subject to section 20.1, make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made thereunder where an accused is found guilty or convicted of that offence; 179. The Act is amended by adding the following after section 20: 20.1 (1) Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2). (2) An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person's release from custody after being found guilty of the offence or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence. (3) Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order. (4) An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person's release from custody or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence. (5) In paragraph (2)(a) and subsection (4), "release from custody" means a release from custody in accordance with this Act, other than a release from custody under subsection 35(1), and includes the commencement of conditional supervision or probation. (6) Where a youth court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall (a) provide or cause to be provided a copy of the order, and (b) on request, provide or cause to be provided a transcript or copy of the reasons for making the order to the young person against whom the order was made, the young person's counsel and parents and the provincial director. (7) Where the youth court does not make an order under subsection (3), or where the youth court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth court shall include in the record a statement of the youth court's reasons. (8) Sections 113 to 117 of the Criminal Code apply in respect of any order made under this section. (9) Before making any order referred to in section 113 of the Criminal Code in respect of a young person, the youth court may require the provincial director to cause to be prepared, and to submit to the youth court, a report on the young person. 180. Paragraph 26.2(2)(g) of the Act is replaced by the following: (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and 181. Subsection 32(1) of the Act is replaced by the following: 32. (1) Where a youth court has made a disposition in respect of a young person, other than a disposition under paragraph 20(1)(k) or (k.1) or section 20.1, the youth court shall, on the application of the young person, the young person's parents, the Attorney General or the Attorney General's agent or the provincial director, made at any time after six months from the date of the disposition or, with leave of a youth court judge, at any earlier time, review the disposition if the court is satisfied that there are grounds for a review under subsection (2). 182. The Act is amended by adding the following after section 32: 33. (1) A youth court or other court may, on application, review an order made under section 20.1 at any time after the circumstances set out in subsection 45(1) are realized in respect of any record in relation to the offence that resulted in the order being made. (2) In conducting a review under this section, the youth court or other court shall take into account (a) the nature and circumstances of the offence in respect of which the order was made; and (b) the safety of the young person and of other persons. (3) Where a youth court or other court conducts a review under this section, it may, after affording the young person, one of the young person's parents, the Attorney General or an agent of the Attorney General and the provincial director an opportunity to be heard, (a) confirm the order; (b) revoke the order; or (c) vary the order as it considers appropriate in the circumstances of the case. (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed. (5) Subsections 32(3) to (5) apply, with such modifications as the circumstances require, in respect of a review under this section. 183. (1) Paragraph 36(1)(b) of the Act is replaced by the following: (b) all the dispositions made under subsection 20(1) in respect of the offence have ceased to have effect, (2) The portion of subsection 36(3) of the Act after paragraph (d) is replaced by the following: shall contain any question that by its terms requires the applicant to disclose that the applicant has been charged with or found guilty of an offence in respect of which the applicant has, under this Act, been discharged absolutely or has completed all the dispositions made under subsection 20(1). 184. Subsection 38(1.1) of the Act is replaced by the following: (1.1) Subsection (1) does not apply in respect of the disclosure of information in the course of the administration of justice including, for greater certainty, the disclosure of information for the purposes of the Firearms Act and Part III of the Criminal Code, where it is not the purpose of the disclosure to make the information known in the community. 185. Section 40 of the Act is amended by adding the following after subsection (2): (3) Notwithstanding anything in this Act, where a young person is found guilty of an offence that results in an order under section 20.1 being made against the young person, the youth court may keep a record of the conviction and the order until the expiration of the order. (4) Any record that is kept under subsection (3) may be disclosed only to establish the existence of the order in any offence involving a breach of the order. 186. Subsection 44.1 of the Act is amended by adding the following after paragraph (1): (1.1) to any person for the purposes of the Firearms Act, 187. Section 45 of the Act is amended by adding the following after subsection (5): (5.1) For the purposes of this Act, orders made under section 20.1 shall not be taken into account in determining any time period referred to in subsection (1).CONDITIONAL AMENDMENTS
188. If Bill C-7, introduced during the first session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then, (a) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 109(1)(c) of the Criminal Code, as enacted by section 139 of this Act, comes into force, paragraph 109(1)(c) of the Criminal Code is replaced by the following: (c) an offence relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or (b) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 515(4.1)(c) of the Criminal Code, as enacted by section 153 of this Act, comes into force, paragraph 515(4.1)(c) of the Criminal Code is replaced by the following: (c) an offence relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or (b) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 147.1(1)(c) of the National Defence Act, as enacted by section 176 of this Act, comes into force, paragraph 147.1(1)(c) of the National Defence Act is replaced by the following: (c) relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or 189. If Bill C-37, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Young Offenders Act and the Criminal Code, is assented to, then, (a) on the later of the day on which section 26 of that Act comes into force and the day on which section 179 of this Act comes into force, paragraph 36(1)(b) of the Young Offenders Act is replaced by the following: (b) all the dispositions made under subsection 20(1) in respect of the offence, and all terms of those dispositions, have ceased to have effect, (b) on the later of the day on which subsection 31(3) of that Act comes into force and the day on which section 185 of this Act comes into force, subsection 45(2.1) of the Young Offenders Act is replaced by the following: (2.1) Where a special records repository has been established pursuant to subsection 45.02(1), all records in the central repository referred to in subsection 41(1) that relate to (a) a conviction for first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, (b) an offence referred to in the schedule, or (c) an order made under section 20.l, shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special records repository. (c) on the later of the day on which section 32 of that Act comes into force and the day on which section 185 of this Act comes into force, section 45.03 of the Young Offenders Act is amended by adding the following after subsection (3): (3.1) A record that relates to an order made under section 20.1 shall be kept in the special records repository until the expiration of the order and shall be destroyed forthwith at that time. (d) on the later of the day on which section 32 of that Act comes into force and the day on which section 185 of this Act comes into force, subsection 45.02(4) of the Young Offenders Act is amended by adding the following after paragraph (c): (c.l) to establish the existence of the order in any offence involving a breach of the order; (c.2) for the purposes of the Firearms Act, (e) on the later of the day on which section 36 of that Act comes into force and the day on which subsection 85(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force, paragraph 1(b) of the schedule to that Act is replaced by the following: (b) subsection 85(1) (using firearm in commission of offence); 190. If Bill C-41, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, is assented to, then, (a) on the later of the day on which subsection 5(1) of that Act comes into force and the day on which paragraph (b) of the definition "sentence" in section 673 of the Criminal Code, as enacted by section 155 of this Act, comes into force, paragraph (b) of the definition "sentence" in section 673 of the Criminal Code is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2) or 730(1) or section 737, 738, 739, 742.3 or 745.2, and (b) on the later of the day on which subsection 5(2) of that Act comes into force and the day on which paragraph (b) of the definition "sentence" in section 673 of the Criminal Code, as enacted by section 155 of this Act, comes into force, paragraph (b) of the definition "sentence" in section 673 of the Criminal Code is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1 (2) or 730(1), section 737, 738, 739, 742.3 or 745.2 or subsection 747.1(1), and (c) if this Act is assented to before the day on which section 10 of that Act comes into force, items 5 to 10 of Schedule I to that Act are repealed; (d) if subsection 109(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 730 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to "section 736" in subsection 109(1) of the Criminal Code is replaced by a reference to "section 730"; (e) if subsection 110(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 730 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to "section 736" in subsection 110(1) of the Criminal Code is replaced by a reference to "section 730"; and (f) if subsection 113(4) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 732.1 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to "paragraph 737(2)(d)" in subsection 113(4) of the Criminal Code is replaced by a reference to "paragraph 732.1(3)(d)". 191. If Bill C-45, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act, is assented to, then, (a) on the later of the day on which section 74 of that Act comes into force and the day on which section 176 of this Act comes into force, the definition "sentence" in subsection 2(1) of the Criminal Records Act is replaced by the following: "sentence" has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 259 of that Act or subsection 147.1(1) of the National Defence Act. (b) on the later of the day on which section 75 of that Act comes into force and the day on which section 176 of this Act comes into force, paragraph 5(b) of the Criminal Records Act is replaced by the following: (b) unless the pardon is subsequently revoked or ceases to have effect, vacates the conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament. 192. If section 139 comes into force before section 27 of Schedule III to the Nunavut Act comes into force, then, on the day on which section 139 comes into force, section 27 of Schedule III to the Nunavut Act is repealed.COMING INTO FORCE
193. (1) Subject to subsection (2), this Act or any of its provisions or any provision of any other Act enacted or amended by this Act, other than sections 136, 137 and 174, shall come into force on a day or days to be fixed by order of the Governor in Council. (2) If no order bringing this Act or any of its provisions or any provision of any other Act enacted or amended by this Act is made before January 1, 2003, this Act, other than sections 136, 137 and 174, comes into force on that date.