VERSION 1.035 Note: This "first reading" version of Bill C-68 has been superceeded by the "as passed by the House" version, which has been numbered version 2.x and will be available any day now... Please e-mail corrections to s.a@usask.ca, noting the page and line numbers on which the errors occur. Thanks! PLEASE NOTE: 1. No formatting has been done. Line wrapping and hyphenation have been left as they appear in the original. Text appears in the original order except for the explanatory notes which have been inserted after the related sections to enhanced readability. (See second point.) 2. Every attempt has been made to preserve the original indenting. 3. Some margin headings and other little notations have been deleted. Explanatory notes appear after the relevant section and are delimited with [begin explanatory notes] and [end explanatory notes]. 4. The orginal text is in both official languages. This version is English only. 5. Page numbers have been preserved except for the "a" pages (which were where the explanatory notes were printed). WARNING: This version of Bill C-68 probably still has some typos in it. -------------------------------------------------------------------- -------------------------------------------------------------------- C-68 First Session, Thirty-fifth Parliament, 42-43-44 Elizabeth II, 1994-95 THE HOUSE OF COMMONS OF CANADA BILL C-68 An Act respecting firearms and other weapons First reading, February 14, 1995 THE MINISTER OF JUSTICE [begin explanatory note] RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled "An Act respecting firearms and other weapons". SUMMARY 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 prohib- ited. 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 sys- tem 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 firenams, but pose safety con- cerns 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 commis- sion of offences. A scheme for prohibiting, as a result of criminal con- duct, a person from future possession of firearms is also included. [end explanatory note] 1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95 THE HOUSE OF COMMONS OF CANADA BILL C-68 An Act respecting firearms and other weap- ons 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. 5 INTERPRETATION 2. (1) In this Act, "authorization to carry" means an authoriza- tion described in section 19; "authorization to export" means an authoriza- tion referred to in section 43; 10 "authorization to import" means an authoriza- tion referred to in section 45; "authorization to transport" means an author- ization described in section 18; "business" means a person who 15 (a) carries on a business that includes. (i) the manufacture, assembly, posses- sion, purchase, sale, importation, ex- portation, display, repair, restoration, maintenance, storage, alteration, tak- 20 ing in pawn, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weap- 2 ons, prohibited devices or prohibited ammunition, or (ii) the possession, purchase or sale of ammunition, or (b) operates a museum in which firearms, 5 prohibited weapons, restricted weapons, prohibited devices or prohibited ammu- nition are possessed, bought, displayed, repaired, restored, maintained, stored or altered or in which ammunition is pos- 10 sessed or bought; "carrier" means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited 15 devices, ammunition or prohibited ammu- nition; "chief firearms officer" means (a) in respect of a province, the individu- al who is designated in writing as the 20 chief firearms officer for the province by the provincial minister of that province, (b) in respect of a territory, the individu- al who is designated in writing as the chief firearms officer for the territory by 25 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 fire- 30 arms officer for the matter by the federal Minister; "commencement day", in respect of a provi- sion of this Act or the expression "former Act" in a provision of this Act, means the 35 day on which the provision comes into force; "customs officer" has the meaning assigned to the word "officer" by subsection 2(1) of the Customs Act; 40 "federal Minister" means the Minister of Jus- tice; "firearms officer" means (a) in respect of a province, an individual who is designated in writing as a fire- 45 3 arms officer for the province by the pro- vincial minister of that province, (b) in respect of a territory, an individual who is designated in writing as a fire- arms officer for the territory by the fed- 5 eral Minister, or (c) in respect of any matter for which there is no firearms officer under para- graph (a) or (b), an individual who is designated in writing as a firearms of- 10 ficer for the matter by the federal Minis- ter; "former Act" means Part III of the Criminal Code, as it read from time to time before the commencement day; 15 "non-resident" means an individual who ordi- narily resides outside Canada; "prescribed" means (a) in the case of a form or the informa- tion to be included on a form, prescribed 20 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 25 of the executive council of the province who is designated by the lieutenant gov- ernor in council of the province as the provincial minister, (b) in respect of a territory, the federal 30 Minister, or (c) in respect of any matter for which there is no provincial minister under par- agraph (a) or (b), the federal Minister; "regulations" means regulations made by the 35 Governor in Council under section 110. (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. 40 (3) In this Act, "customs office", "export" and "import" have the meanings assigned to them by subsection 2(1) of the Customs Act. 4 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. 5 PURPOSE 4. The purpose of this Act is (a) to provide, notably by sections 5 to 16 and 52 to 71, for the issuance of (i) licences, registration certificates and authorizations under which persons may 10 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 15 which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise con- stitute an offence under subsection 91(2), 20 92(2) or 93(1) of the Criminal Code, and (iii) licences under which persons may sell, barter or give cross-bows in circum- stances that would otherwise constitute an offence under subsection 97(1) of the 25 Criminal Code; (b) to authorize, (i) notably by sections 5 to 12 and 52 to 71, the manufacture of or offer to manu- facture, and 30 (ii) notably by sections 20 to 33 and 52 to 71, the transfer of or offer to transfer, firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circum- 35 stances that would otherwise constitute an offence under subsection 99(1), l00(1) or 101(1) of the Criminal Code; and (c) to authorize, notably by sections 34 to 71, the importation or exportation of fire- 40 arms, prohibited weapons, restricted weap- ons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in 5 the manufacture of or assembly into auto- matic firearms in circumstances that would otherwise constitute an offence under sub- section 103(1) or 104(1) of the Criminal Code. 5 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 10 prohibited device, ammunition or prohibited ammunition. (2) In determining whether a person is eli- gible to hold a licence under subsection (1), a chief firearms officer or, on a reference under 15 section 72, a provincial court judge shall have regard to whether the person, within the pre- vious five years, (a) has been convicted or discharged under section 736 of the Criminal Code of 20 (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, 25 (iii) an offence under section 264 of the Criminal Code (criminal harassment), or (iv) an offence relating to the contraven- tion of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsec- 30 tion 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, psy- chiatric clinic or otherwise and whether or 35 not the person was confined to such a hos- pital, institute or clinic, that was associated with violence or threatened or attempted vi- olence on the part of the person against any person; or 40 (c) has a history of behaviour that includes violence or threatened or attempted vio- 6 lence on the part of the person against any person. 6. (1) A person is eligible to hold a licence only if the person is not prohibited by a prohi- bition order from possessing any firearm, 5 cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited am- munition. (2) Subsection (1) is subject to any order made under section 113 of the Criminal Code 10 (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 15 Firearms Safety Course, as given by an in- structor who is designated by a chief fire- arms officer, and passes the tests, as administered by an instructor who is desig- nated by a chief firearms officer, that form 20 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, 25 that form part of that Course; (c) successfully completed, before January 1 , 1995, a course approved by the attorney general of the province in which the course was administered, during the period begin- 30 ning on January 1 , 1993 and ending on De- cember 31, 1994, 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 35 which the test was administered approved, during the period beginning on January 1, 1993 and ending on December 31, 1994, for the purposes of section 106 of the for- mer Act. 40 (2) An individual is eligible to hold a li- cence authorizing the individual to possess re- stricted firearms only if the individual (a) successfully completes a restricted fire- arms safety course that is approved by the 45 federal Minister, as given by an instructor who is designated by a chief firearms of- 7 ficer, 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, 5 as administered by an instructor who is des- ignated by a chief firearms officer, that is approved by the federal Minister. (3) An individual against whom a Prohibi- tion order was made 10 (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 15 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 20 Course; and (b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expira- tion of the prohibition order, 25 (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 30 (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 35 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 40 the laws relating to firearms; (b) is less than eighteen years old and re- quires a firearm to hunt or trap in order to sustain himself or herself or his or her fam- ily; 45 8 (c) on the commencement day, possessed one or more firearms and does not require a licence to acquire other firearms; or (d) requires a licence merely to acquire cross-bows. 5 (5) Subsection (3) does not apply to an in- dividual (a) in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance 10 or employment) and who is exempted by a chief firearms officer from the application of that subsection; or (b) against whom a prohibition order was made merely because another person 15 against whom a prohibition order was made cohabited with, or was an associate of, the individual. Special Cases - Persons 8. (1) An individual who is less than eight- een years old and who is otherwise eligible to 20 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 individ- 25 ual 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 indi- 30 vidual to possess, in accordance with the con- ditions attached to the licence, a firearm for the purpose of target practice, hunting or in- struction in the use of firearms or for the pur- pose of taking part in an organized 35 competition. (4) An individual who is less than eighteen years old is not eligible to hold a licence au- thorizing the individual to possess prohibited firearms or restricted firearms or to acquire 40 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 indi- 9 vidual has consented in writing to the issu- ance of the licence. 9. (1) A business is eligible to hold a li- cence authorizing a particular activity only if every person who stands in a prescribed rela- 5 tionship to the business is eligible under sec- tions 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted fire- arms. (2) A business other than a carrier is eligi- 10 ble 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 15 (b) the individuals who stand in a pre- scribed relationship to the business and who are determined by a chief firearms of- ficer to be the appropriate individuals to satisfy the requirements of section 7 are 20 eligible to hold a licence under that section. (3) A business other than a carrier is eligi- ble to hold a licence only if every employee of the business who, in the course of duties of employment, handles or would handle fire- 25 arms, prohibited weapons, restricted weap- ons, prohibited devices or prohibited ammunition is the holder of a licence author- izing the holder to acquire restricted firearms. (4) Subsection (1) does not apply in respect 30 of a person who stands in a prescribed rela- tionship to a business where a chief firearms officer determines that, in all the circum- stances, the business should not be ineligible to hold a licence merely because of that per- 35 son's ineligibility. 10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the trans- portation of firearms, prohibited weapons, re- stricted weapons, prohibited devices or 40 prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sec- 10 tions to a chief firearms offcier were a refer- ence to the Registrar. Special Cases - Prohibited Firearms, Weapons, Devices and Ammunition 11. (1) A business that is otherwise eligi- ble to hold a licence is not eligible to hold a licence authorizing the business to possess 5 prohibited firearms, prohibited weapons, pro- hibited devices or prohibited ammunition ex- cept as provided in this section. (2) A business other than a carrier is eligi- ble to hold a licence authorizing the business 10 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 15 authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited de- vices or prohibited ammunition. 12. (1) An individual who is otherwise eli- gible to hold a licence is not eligible to hold a 20 licence authorizing the individual to possess prohibited firearms except as provided in this section. (2) An individual who (a) on January 1, 1978 possessed one or 25 more automatic firearms, and (b) on the commencement day held or had applied for a registration certificate under the former Act for one or more automatic firearms 30 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. (3) An individual who 35 (a) on August 1, 1992 possessed one or more automatic firearms (i) that had been altered to discharge on- ly one projectile during one pressure of the trigger, and 40 (ii) for which on October 1 , 1992 a regis- tration certificate under the former Act had been issued or applied for, and 11 (b) on the commencement day held or had applied for a registration certificate under the former Act for one or more automatic firearms that had been so altered is eligible to hold a licence authorizing the 5 individual to possess automatic firearms that have been so altered and that, on the com- mencement day, were registered as restricted weapons under the former Act. (4) An individual who 10 (a) before July 27, 1992 possessed one or more firearms that were declared to be pro- hibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 15 of July 23, 1992 and registered as SOR/92- 471 , and (b) on the commencement day held or had applied for a registration certificate for one or more firearms that were so declared 20 is eligible to hold a licence authorizing the individual to possess firearms that were so declared and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an appli- 25 cation for a registration certificate under the former Act. (5) An individual who (a) before January 1, 1995 possessed one or more firearms that were declared to be pro- 30 hibited 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 S0R/94-741 , and 35 (b) on the commencement day held or had applied for a registration certificate for one or more firearms that were so declared is eligible to hold a licence authorizing the individual to possess firearms that were so 40 declared and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an appli- cation for a registration certificate under the former Act. 45 12 (6) An individual who (a) on February 14, 1995 held a registration certificate under the former Act for one or more handguns (i) that have a barrel equal to or less than 5 105 mm in length, or (ii) that are designed or adapted to dis- charge a .25 or .32 calibre cartridge, or on February 14, 1995 had applied for a registration certificate that was subsequent- 10 ly issued under the former Act for one or more of those handguns, and (b) on the commencement day held or had applied for a registration certificate under the former Act for one or more of those 15 handguns is eligible to hold a licence authorizing the individual to possess handguns described in paragraph (a). (7) An individual who, on the day on which 20 a provision of regulations made by the Gover- nor in Council under section 117.15 of the Criminal Code comes into force prescribing a firearm to be a prohibited firearm, possesses one or more of those firearms is eligible in the 25 circumstances prescribed in those regulations to hold a licence authorizing the individual to possess firearms prescribed by the provision to be prohibited firearms. Registration Certificates 13. A person is not eligible to hold a regis- 30 tration certificate for a firearm unless the per- son holds a licence authorizing the person to possess that kind of firearm. 14. A registration certificate may be issued only for a firearm 35 (a) that bears a serial number suffcient to distinguish it from other firearms; or (b) that is described in the prescribed man- ner. 15. A registration certificate may not be 40 issued for a firearm that is owned by Her Maj- esty in right of Canada or a province or by a police force. 13 16. (1) A registration certificate for a fire- arm may be issued to only one person. (2) Subsection (1) does not apply in the case of a firearm for which a registration cer- tificate referred to in section 121 was issued 5 to more than one person. AUTHORIZED TRANSPORTATION OF FIREARMS 17. Subject to sections 18 and 19, a prohib- ited firearm or restricted firearm the holder of the registration certificate for which is an in- dividual may be possessed only at the dwell- 10 ing-house of the individual, as indicated on the registration certificate, or at a place au- thorized by a chief firearms officer. 18. (1) An individual who holds a licence authorizing the individual to possess prohibit- 15 ed firearms or restricted firearms may be au- thorized to transport a particular prohibited firearm or restricted firearm between speci- fied places for any good and sufficient reason, including, without restricting the generality 20 of the foregoing, (a) in the case of a restricted firearm or a handgun referred to in paragraph 12(6)(a) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting com- 25 petition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under sec- tion 28; or (b) if the individual 30 (i) needs to transport the firearm by rea- son of a change of residence, (ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or dispo- 35 sal in accordance with this Act or Part III of the Criminal Code, (iii) needs to transport the firearm for re- pair, or (iv) wishes to transport the firearm to a 40 gun show. (2) A non-resident may be authorized to transport a particular restricted firearm be- 14 tween specified places in accordance with section 34. 19. An individual who holds a licence au- thorizing the individual to possess restricted firearms or handguns referred to in paragraph 5 12(6)(a) (pre-February 14, 1995 handguns) may be authorized to possess a particular re- stricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual requires the partic- 10 ular 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. 15 AUTHORIZED TRANSFERS AND LENDING General Provosions 20. For the purposes of sections 21 to 31, "transfer" means sell, barter or give. 21. A person may transfer or lend a firearm to an individual only if the person has no rea- son to believe that the individual 20 (a) has a mental illness that makes it desira- ble, in the interests of the safety of that individual or any other person, that the in- dividual not possess a firearm; or (b) is impaired by alcohol or a drug. 25 Authorized Transfers 22. A person may transfer a firearm if, at the time of the transfer, (a) the person (i) ensures that the transferee holds a li- cence authorizing the transferee to ac- 30 quire and possess that kind of firearm, and (ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief fireams officer for the transfer; 35 (b) the transferee holds a licence authoriz- ing the transferee to acquire and possess that kind of firearm; 15 (c) a new registration certificate for the firearm is issued in accordance with this Act; and (d) the prescribed conditions are complied with. 5 23. (1) Subject to section 25, a person may transfer a prohibited weapon, prohibited de- vice or prohibited ammunition only to a busi- ness. (2) A person may transfer a prohibited 10 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 prohib- ited weapons, prohibited devices, ammuni- 15 tion or prohibited ammunition, as the case may be; (b) the person (i) ensures that the business holds a li- cence authorizing the business to acquire 20 and possess prohibited weapons, prohib- ited 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 25 the chief firearms officer for the transfer; and (c) the prescribed conditions are complied with. 24. A person may transfer ammunition that 30 is not prohibited ammunition to an individual only if the individual (a) holds (i) a licence authorizing him or her to possess firearms, or 35 (ii) a prescribed document; and (b) complies with the prescribed condi- tions. 25. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province 40 or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions. 16 (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 5 firearms officer of the transfer and complies with the prescribed conditions. 26. On being informed of a proposed trans- fer of a firearm, prohibited weapon, prohibit- ed device, ammunition or prohibited 10 ammunition or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 39(1)(c), a chief firearms officer shall (a) verify 15 (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 20 transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammuni- tion or prohibited ammunition, as the case may be; 25 (b) in the case of (i) a proposed transfer of a restricted fire- arm or a handgun referred to in para- graph 12(6)(a) (pre-February 14, 1995 handguns), or 30 (ii) a proposed importation of a restricted firearm, verify the purpose for which the transferee or individual wishes to acquire the restrict- ed firearm or handgun and determine 35 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 40 (d) take the prescribed measures. 27. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in paragraph 12(6)(a) (pre-February 14, 1995 handguns) or 45 the importation by an individual of a restrict- 17 ed firearm under paragraph 39(1)(c) only if the chief firearms officer is satisfied that the purpose for which the individual wishes to acquire the restricted firearm or handgun is (a) to protect the life of that individual or of 5 other individuals; (b) for use in connection with his or her lawful profession or occupation; (c) for use in target practice, or a target shooting competition, under conditions 10 specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under sec- tion 28; or (d) to form part of a gun collection of the 15 individual, in the case of an individual who satisfies the criteria described in section 29. 28. (1) A provincial minister may approve a shooting club or shooting range for the pur- poses of paragraphs 18(1)(a) and 27(c) if 20 (a) the shooting club or shooting range complies with the regulations made under paragraph 110(e); and (b) the premises of the shooting club or shooting range are located in that province. 25 (2) A provincial minister who approves a shooting club or shooting range for the pur- poses of paragraphs 18(1)(a) and 27(c) may revoke the approval for any good and suffi- cient reason including, without limiting the 30 generality of the foregoing, where the shoot- ing club or shooting range contravenes a reg- ulation made under paragraph 110(e), (3) A chief firearms officer who is author- ized in writing by a provincial minister may 35 perform such duties and functions of the pro- vincial minister under this section as are spec- ified in the authorization. 29. The criteria referred to in paragraph 27(d) are that the individual 40 (a) has knowledge of the historical, techno- logical or scientific characteristics that re- late or distinguish the restricted firearms or handguns that he or she possesses; (b) has consented to the periodic inspec- 45 tion, conducted in a reasonable manner, of 18 the premises in which the restricted fire- arms or handguns are to be kept; and (c) has complied with such other require- ments as are prescribed respecting knowl- edge, secure storage and the keeping of 5 records in respect of restricted firearms or handguns. 30. (1) On being informed of a proposed transfer of a firearm, the Registrar may (a) issue a new registration certificate for 10 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 15 province or to a police force, the Registrar shall revoke any registration certificate for the firearm. 31. A person may transfer a firearm by mail only if 20 (a) the verifications, notifications, issu- ances and authorizations referred to in sec- tions 20 to 27, 29, 30, 39 to 42 and 45 to 51 take place within a reasonable period before the transfer in the prescribed man- 25 ner; (b) the firearm is delivered by a person des- ignated by a chief firearms officer and the person ensures that the transferee holds a licence authorizing the transferee to ac- 30 quire that kind of firearm; and (c) the prescribed conditions are complied with. Authorized Lending 32. (1) Subject to section 33, a person may lend a firearm only if 35 (a) the person (i) ensures that the borrower holds a li- cence authorizing the borrower to pos- sess that kind of firearm, and (ii) lends the borrower the registration 40 certificate for the firearm; or 19 (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. (2) A person to whom a firearm is lent in 5 accordance with subsection (1) may return it to the person who lent it. 33. A person may lend a firearm, prohibit- ed weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in 10 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 certifi- cate for the firearm; and 15 (b) the prescribed conditions are complied with. AUTHORIZED EXPORTATION AND IMPORTATION Individuals 34. (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 impor- 20 tation, (a) the non-resident (i) is eighteen years old or older, (ii) declares the firearm to a customs of- ficer in the prescribed manner and, in the 25 case of a declaration in writing, com- pletes the prescribed form containing the prescribed information, and (iii) in the case of a restricted firearm, produces an authorization to transport 30 the restricted firearm; and (b) a customs officer confirms in the pre- scribed manner the declaration referred to in subparagraph (a)(ii) and the authoriza- tion to transport referred to in subparagraph 35 (a)(iii). (2) Where a firearm is declared at a cus- toms office to a customs officer but the re- quirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs of- 40 ficer may authorize the firearm to be exported from that customs office or may detain the 20 firearm and give the non-resident a reasona- ble time to comply with those requirements. (3) Where those requirements are not com- plied with within a reasonable time and the firearm is not exported, the firearm shall be 5 disposed of in the prescribed manner. 35. (1) A declaration that is confirmed under paragraph 34(1)(b) has the same effect after the importation of the firearm as a li- cence authorizing the non-resident to possess 10 only that firearm and as a registration certifi- cate for the firearm until the expiration of six- ty days after the importation or, in the case of a restricted firearm, until the earlier of (a) the expiration of those sixty days, and 15 (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. 20 36. (1) A non-resident who does not hold a licence may export a firearm that is not a pro- hibited firearm and that was imported by the non-resident in accordance with section 34 if, at the time of the exportation, 25 (a) the non-resident (i) declares the firearm to a customs of- ficer, and (ii) produces to a customs officer in the prescribed manner the declaration and, 30 where applicable, the authorization to transport that were confirmed in accord- ance with that section; and (b) a customs officer confirms the declara- tion referred to in subparagraph (a)(i) in the 35 prescribed manner. (2) Where a firearm is declared to a cus- toms officer but the requirements of subpara- graph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, 40 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 com- plied with within a reasonable time, the fire- 45 21 arm shall be disposed of in the prescribed manner. 37. (1) An individual who holds a licence may export a firearm if, at the time of the exportation, 5 (a) the individual (i) declares the firearm to a customs of- ficer in the prescribed manner and, in the case of a declaration in writing, com- pletes the prescribed form containing the 10 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 15 transport the firearm; and (b) a customs officer confirms the docu- ments referred to in subparagraphs (a)(i) and (ii) in the prescribed manner. (2) Where a firearm is declared to a cus- 20 toms officer but the requirements of subpara- graph (1)(a)(ii) are not complied with, the customs officer may detain the firearm. (3) A firearm that is detained under subsec- tion (2) may be disposed of in the prescribed 25 manner. 38. An individual may export a replica firearm if he or she declares the replica fire- arm to a customs officer in the prescribed manner. 30 39. (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 officcr in the prescribed manner; 35 (b) in the case of a firearm that was export- ed in accordance with section 37, the indi- vidual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted 40 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 registra- tion certificate has not been issued, 45 22 (i) the individual completes the pre- scribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing, (ii) the individual holds a licence author- 5 izing 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 10 importation in accordance with section 26, and (iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and 15 (d) a customs officer confirms the docu- ments referred to in paragraph (b) or (c) in the prescribed manner. (2) Where a firearm is declared at a cus- toms office to a customs officer but the re- 20 quirements 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 com- 25 ply with those requirements. (3) Where those requirements are not com- plied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner. 30 (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 37. (5) Where a prohibited firearm is declared 35 at a customs office to a customs officer and the prohibited firearm was not previously ex- ported in accordance with section 37, the cus- toms officer may authorize the prohibited firearm to be exported from that customs of- 40 fice. (6) Prohibited firearms that are not immedi- ately exported under subsection (5) are for- feited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner. 45 23 40. A declaration that is confirmed in accordance with paragraph 39(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirma- tion is expressed to be effective. 5 41. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual. Businesses 42. A business may export or import a fire- arm, prohibited weapon, restricted weapon, 10 prohibited device, component or part de- signed 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 authori- 15 zation to import. 43. An authorization to export goods de- scribed in section 42 may be issued to a busi- ness only if the business that applies for such an authorization 20 (a) in the case of a firearm, holds the regis- tration certificate for the firearm; (b) in the case of a prohibited firearm, pro- hibited weapon, prohibited device, compo- nent or part designed exclusively for use in 25 the manufacture of or assembly into an au- tomatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the ex- portation; 30 (c) holds a licence authorizing it to possess those goods; (d) indicates the destination of those goods; and (e) provides the Registrar with the pre- 35 scribed information and any other informa- tion required by the Registrar. 44. (1) A business that holds an authoriza- tion to export goods described in section 42 must produce the authorization to a customs 40 officer at the time of the exportation. (2) A customs officer may confirm an au- thorization to export. 24 (3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 42. (4) A good that is detained under subsec- tion (3) may be disposed of in the prescribed 5 manner. 45. An authorization to import goods de- scribed in section 42 may be issued to a busi- ness only if the business that applies for such an authorization 10 (a) holds a licence authorizing it to acquire and possess those goods; (b) identifies those goods in the prescribed manner; (c) in the case of either a firearm that is not 15 a prohibited firearm or a restricted weapon, specifies the purpose for the importation; (d) in the case of a prohibited firearm, pro- hibited weapon, prohibited device, compo- nent or part designed exclusively for use in 20 the manufacture of or assembly into an au- tomatic firearm or prohibited ammunition, specifies the prescribed purpose for the im- portation; (e) indicates the destination in Canada of 25 those goods; and (f) provides the Registrar with the pre- scribed information and any other informa- tion required by the Registrar. 46. (1) A business that holds an authoriza- 30 tion to import goods described in section 42 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 au- 35 thorization to import. (3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 42 to be exported from that customs office, in which case the 40 goods may be exported without any other au- thorization. (4) Goods that are not exported under sub- section (3) within ten days are forfeited to Her 25 Majesty in right of Canada and shall be dis- posed of in the prescribed manner. 47. An authorization to import a firearm that is confirmed in accordance with subsec- tion 46(2) has the same effect as a registration 5 certificate for the firearm for the period for which the confirmation is expressed to be ef- fective. 48. Each exportation or importation of goods described in section 42 requires a sepa- 10 rate authorization to export or authorization to import. 49. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 42 15 by a business. 50. 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 20 and Import Permits Act of every application by a business for an authorization to export or authorization to import. 51. No business shall export or import goods described in section 42 except at a cus- 25 toms office designated for that purpose by the Minister of National Revenue. LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS Applications 52. (1) A licence, registration certificate or authorization may be issued only on applica- tion made in the prescribed form containing 30 the prescribed information and accompanied by payment of the prescribed fees. (2) An application for a licence, registra- tion certificate or authorization must be made to 35 (a) a chief firearms officer, in the case of a licence, an authorization to carry or an au- thorization to transport; or (b) the Registrar, in the case of a registra- tion certificate, an authorization to export 40 or an authorization to import. 26 (3) An individual who, on the commence- ment day, possesses one or more restricted firearms or one or more handguns referred to in paragraph 12(6)(a) (pre-February 14, 1995 handguns) must specify, in any application 5 for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to, (a) for which purpose described in section 27 the individual wishes to continue to pos- 10 sess restricted firearms or handguns that are so referred to; and (b) for which of those firearms was a regis- tration certificate under the former Act is- sued because they were relics, were of 15 value as a curiosity or rarity or were valued as a memento, remembrance or souvenir. 53. (1) A chief firearms officer or the Reg- istrar may require an applicant for a licence or authorization to submit such information, in 20 addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the appli- cant is eligible to hold the licence or authori- zation . 25 (2) Without restricting the scope of the in- quiries that may be made with respect to an application for a licence, a chief firearms of- ficer may conduct an investigation of the ap- plicant, which may consist of interviews with 30 neighbours, community workers, social work- ers, individuals who work or live with the applicant, spouse, former spouse, dependants or whomever in the opinion of the chief fire- arms officer may provide information pertain- 35 ing to whether the applicant is eligible under section 5 to hold a licence. Issuance 54. (1) A chief firearms officer may issue licences. (2) Only one licence may be issued to any 40 one individual. (3) A business other than a carrier requires a separate licence for each place where the business is carried on. 27 55. A chief firearms officer may issue au- thorizations to carry and authorizations to transport. 56. (1) A chief firearms officer who issues a licence, an authorization to carry or an au- 5 thorization to transport may attach any rea- sonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safe- ty of the holder or any other person. 10 (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 eligi- ble to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief fire- 15 arms 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 20 8(2) (minors hunting as a way of life), a chief firearms officer shall ensure that a parent or person who has custody of the individual is aware of and agrees to any conditions at- tached to it. 25 57. An individual who holds an authoriza- tion to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited fire- arm or restricted firearm was issued. 30 58. The Registrar may (a) issue registration certificates for fire- arms and assign firearms identification numbers to firearms; and (b) issue authorizations to export and au- 35 thorizations to import. 59. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it. 40 (2) An authorization to carry, authorization to transport, authorization to export or author- ization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it. 45 28 (3) An authorization to carry or authoriza- tion to transport may take the form of a condi- tion attached to a licence. (4) A licence that is issued to a business must specify each particular activity that the 5 licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted fire- arms, cross-bows, prohibited weapons, re- stricted weapons, prohibited devices, 10 ammunition or prohibited ammunition. 60. Licences, registration certificates, au- thorizations to carry, authorizations to trans- port, authorizations to export and authorizations to import are not transferable. 15 61. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and autho- rizations to import are valid throughout Canada. 20 (2) A licence that is issued to carrier, other than a carrier described in section 71, is not valid outside the province in which it is is- sued. (3) Authorizations to carry are not valid 25 outside the province in which they are issued. Term 62. (1) A licence that is issued to an indi- vidual who is eighteen years old or older ex- pires on the earlier of (a) five years after the birthday of the hold- 30 er 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 35 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 40 is expressed to be issued. (3) A licence that is issued to a business expires on the earlier of 29 (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. 63. (1) Subject to subsections (2) to (4), an 5 authorization expires on the expiration of the period for which it is expressed to be issued. (2) Subject to subsection (3), an authoriza- tion to transport that takes the form of a con- dition attached to a licence expires on the 10 earlier of (a) the expiration of the period for which the condition is expressed to be attached, and (b) the expiration of the licence. 15 (3) An authorization to transport a restrict- ed firearm or a handgun referred to in para- graph 12(6)(a) (pre-February 14, 1995 handguns) for use in target practice, or a tar- get shooting competition, under specified 20 conditions or under the auspices of a shooting club or shooting range that is approved under section 28 expires (a) in the case of an authorization to trans- port that takes the form of a condition at- 25 tached 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 30 (ii) the expiration of the licence; and (b) in the case of an authorization to trans- port that does not take the form of a condi- tion attached to a licence, on the expiration of the period for which the authorization is 35 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 40 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 45 years, and 30 (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 5 expressed to be issued, which period may not be more than two years. 64. A registration certificate for a firearm expires where (a) the holder of the registration certificate 10 ceases to be the owner of the firearm; or (b) the firearm ceases to be a firearm. 65. (1) A chief firearms officer may renew a licence, authorization to carry or authoriza- tion to transport in the same manner and in 15 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 20 handguns referred to in paragraph 12(6)(a) 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 25 (a) the purpose described in section 27 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 indi- 30 vidual on the commencement day, the pur- pose described in that section that was specified by the individual in the licence application. (3) A chief firearms officer who decides 35 that any restricted firearms or any handguns referred to in paragraph 12(6)(a) (pre-Februa- ry 14, 1995 handguns) that are possessed by an individual are not being used for that pur- pose shall 40 (a) give notice of that decision in the pre- scribed form to the individual; and (b) inform the Registrar of that decision. (4) Subsections (2) and (3) do not apply to a firearm 45 31 (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remem- brance or souvenir; (b) that was specified in the licence appli- cation as being a firearm for which a regis- 5 tration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was val- ued as a memento, remembrance or souve- nir; 10 (c) for which a registration certificate under the former Act was issued because the fire- arm was a relic, was of value as a curiosity or rarity or was valued as a memento, re- membrance or souvenir; and 15 (d) in respect of which an individual, on the commencement day, held a registration cer- tificate under the former Act. (5) A notice given under paragraph (3)(a) must include the reasons for the decision and 20 be accompanied by a copy of sections 72 to 79. Refusal to Issue and Revocation 66. 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 author- 25 ization to carry or authorization to transport for any good and sufficient reason. 67. The Registrar may refuse to issue a re- gistration certificate, authorization to export or authorization to import for any good and 30 sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate. 68. (1) A chief firearms officer who issues 35 a licence, authorization to carry or authoriza- tion to transport may revoke it for any good and sufficient reason including, without limit- ing the generality of the foregoing, (a) where the holder of the licence or au- 40 thorization (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 45 32 (iii) has been convicted or discharged under section 736 of the Crimlnal Code of an offence referred to in paragraph 5(2)(a); or (b) where, in the case of a business, a per- 5 son who stands in a prescribed relationship to the business has been convicted or dis- charged under section 736 of the Criminal Code of any such offence. (2) The Registrar may revoke an authoriza- 10 tion to export or authorization to import for any good and sufficient reason. 69. The Registrar (a) may revoke a registration certificate for any good and sufficient reason; and 15 (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 65 that the firearm is not being used for 20 (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 individ- 25 ual in the licence application. 70. (1) Where a chief firearms officer de- cides 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 regis- 30 ration certificate, authorization to export or authorization to import, the chief firearms of- ficer or Registrar shall give notice of the deci- sion in the prescribed form to the applicant for or holder of the licence, registration certif- 35 icate or authorization. (2) A notice given under subsection (1) must include the reasons for the decision and be accompanied by a copy of sections 72 to 79. 40 International and Interprovincial Carriers 71. Sections 52 to 70 apply in respect of a carrier whose business includes the transpor- tation of firearms, prohibited weapons, re- stricted weapons, prohibited devices or 33 prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sec- ions to a chief firearms officer were a refer- ence to the Registrar. 5 References to Provincial Court Judge 72. (1) Subject to subsection (2), where (a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, regis- tration certificate, authorization to trans- port, authorization to export or 10 authorization to import, or (b) a chief firearms officer decides under section 65 that a firearm possessed by an individual who holds a licence is not being used for 15 (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 20 the licence application, the applicant for or holder of the licence, re- gistration certificate or authorization may re- fer the matter to a provincial court judge in the territorial division in which the applicant 25 or holder resides. (2) An applicant or holder may only refer a matter to a provincial court judge under sub- section (1) within thirty days after receiving notice of the decision of the chief firearms 30 officer or Registrar under section 65 or 70 or within such further time as is allowed by a provincial court judge, whether before or af- ter the expiration of those thirty days. 73. (1) On receipt of a reference under sec- 35 tion 72, 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 or Registrar and to the appli- cant for or holder of the licence, registration 40 certificate or authorization, in such manner as the provincial court judge may specify. (2) At the hearing of the reference, the pro- vincial court judge shall hear all relevant evi- dence presented by or on behalf of the chief 45 34 firearms offcer or Registrar and the applicant or holder. (3) At the hearing of the reference, the bur- den of proof is on the applicant or holder to satisfy the provincial court judge that the re- 5 fusal to issue or revocation of the licence, registration certificate or authorization or the decision was not justified. (4) A provincial court judge may proceed ex parte to hear and determine a reference in 10 the absence of the applicant or holder in the same circumstances as those in which a sum- mary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant. 15 74. On the hearing of a reference, the pro- vincial court judge may, by order, (a) confirm the decision of the chief fire- arms officer or Registrar; (b) direct the chief firearms officer or Reg- 20 istrar to issue a licence, registration certifi- cate or authorization ; or (c) cancel the revocation of the licence, re- gistration certificate or authorization or the decision of the chief firearms officer under 25 section 65. Appeals to Superior Court and Court of Appeal 75. (1) Subject to section 76, where a pro- vincial court judge makes an order under par- agraph 74(a), the applicant for or holder of the licence, registration certificate or authori- 30 zation, as the case may be, may appeal to the superior court against the order. (2) Subject to section 76, where a provin- cial court judge makes an order under para- graph 74(b) or (c), 35 (a) the Attorney General of Canada may appeal to the superior court against the or- der, if the order is directed to the Registrar or to a chief firearms officer who was des- ignated by the federal Minister; or 40 (b) the attorney general of the province may appeal to the superior court against the order, if the order is directed to a chief fire- 35 arms officer who was not designated by the federal Minister. 76. (1) An appellant who proposes to ap- peal an order made under scction 74 to the superior court must give notice of appeal not 5 later than thirty days after the order is made. (2) The superior court may, either before or after the expiration of those thirty days, ex- tend the time within which notice of appeal may be given. 10 (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) 15 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 four- teen days further time is allowed by the supe- 20 rior court, on (a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 74(a) confirming a decision of the Registrar or a chief firearms officer 25 who was designated by the federal Minis- ter; (b) the attorney general of the province, in the case of an appeal against any other or- der made under paragraph 74(a); 30 (c) the applicant for or holder of the li- cence, registration certificate or authoriza- tion, in the case of an appeal against an order made under paragraph 74(b) or (c); and 35 (d) any other person specified by the supe- rior court, 77. (1) On the hearing of an appeal, the superior court may (a) dismiss the appeal; or 4O (b) allow the appeal and, in the case of an appeal against an order made under para- graph 74(a), (i) direct the chief firearms officer or Registrar to issue a licence, registration 45 certiflcate or authorization, or 36 (ii) cancel the revocation of the licence, registration certificate or authorization or the decision of the chief firearms of- ficer under section 65. (2) A superior court shall dispose of an ap- 5 peal against an order made under paragraph 74(a) by dismissing it, unless the appellant establishes to the satisfaction of the court that a disposition referred to in paragraph (1)(b) is justified. 10 78. 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 superi- or court under section 77 on any ground that involves a question of law alone. 15 79. Part XXVII of the Criminal Code, ex- cept 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 cir- cumstances require and as if each reference in 20 that Part to the appeal court were a reference to the superior court. CANADIAN FIREARMS REGISTRATION SYSTEM Registrar of Firearms 80. The Commissioner of the Royal Cana- dian Mounted Police shall, after consulting with the federal Minister and the Solicitor 25 General of Canada, appoint an individual as the Registrar of Firearms. Records of the Registrar 81. (1) The Registrar shall establish and maintain a registry, to be known as the Cana- dian Firearms Registry, in which shall be kept a 3O record of (a) every licence, registration certificate and authorization that is issued or revoked by the Registrar; (b) every application for a licence, registra- 35 tion certificate or authorization that is re- fused by the Registrar; (c) every transfer of a firearm of which the Registrar is informed under section 25 or 26; 40 37 (d) every exportation from or importation into Canada of a firearm of which the Reg- istrar is informed under section 41 or 49; (e) every loss, finding, theft or destruction of a firearm of which the Registrar is in- 5 formed under section 86; 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. 10 82. The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed. 83. (1) The Registrar shall establish and 15 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, 20 (i) peace officers, (ii) persons training to become police of- ficers or peace officers under the control and supervision of (A) a police force, or 25 (B) a police academy or similar insti- tution designated by the federal Minis- ter or the lieutenant governor in council of a province, (iii) persons or members of a Class of 30 persons employed in the public service of Canada or by the government of a province or municipality who are pre- scribed by the regulations made by the Governor in Council under Part III of the 35 Criminal Code to be public officers, and (iv) chief firearms officers and firearms officers; and (b) firearms acquired or possessed by indi- viduals on behalf of, and under the authori- 40 ty of, a police force or a department of the Government of Canada or of a province. 38 (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 5 referred to in subsection (1) at such times and such circumstances as may be prescribed. 84. The records kept in the registry main- tained pursuant to section 114 of the former Act that relate to registration certificates shall 10 be transferred to the Registrar. Records of Chief Firearms Officers 85. (1) A chief firearms officer shall keep a record of (a) every licence and authorization that is issued or revoked by the chief firearms of- 15 ficer; (b) every application for a licence or au- thorization that is refused by the chief fire- arms officer; (c) every prohibition order of which the 20 chief firearms officer is informed under section 87; and (d) such other matters as may be pre- scribed. (2) A chief firearms officer may destroy 25 any record referred to in subsection ( 1 ) a such times and in such circumstances as may be prescribed. 86. A chief firearms officer to whom the loss, finding, theft or destruction of a firearm 30 is reported shall have the Registrar informed without delay of the loss, finding, theft or de- struction. Reporting of Prohibition Orders 87. Every court, judge or justice that makes, varies or revokes a prohibition order 35 shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation. Access to Records 88. The Registrar has a right of access to records kept by a chief firearms officer under 40 Section 85 and a chief firearms officer has a 39 right of access to records kept by the Regis- trar under section 81 or 83 and to records kept by other chief firearms officers under section Electronic Filing 89. (1) Subject to the regulations, notices 5 and documents that are sent to or issued by a Registrar pursuant to this or any other Act of Parliament may be sent or issued in elec- tronic or other form in any manner specified by the Registrar. 10 (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 sub- section (1) is deemed to have been received at the time and date provided by the regulations. 15 90. (1) Records required by section 81 or 83 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 20 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. 25 (2) Subject to the regulations, a document of 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 30 mechanical or electronic data processing, that is capable of reproducing stored documents or formation in intelligible written or printed form within a reasonable time. (3) Where the Registrar maintains a record 35 of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same pro- bative value as the document would have had had it been proved in the ordinary way. 40 Reports 91. (1) The Registrar shall, as soon as pos- sible after the end of each calendar year and at such other times as the Solicitor General of 40 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 admin- istration of this Act. 5 (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. 10 92. 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 pur- pose of enabling the Registrar to compile the 15 reports referred to in section 91. GENERAL Agreements With Provinces 93. The federal Minister may, with the ap- proval of the Governor in Council, enter into agreements with the governments of the prov- inces 20 (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 autho- 25 rizations and applications for licences, re- gistration certificates and authorizations and the operation of the Canadian Firearms Registration System; and (b) notwithstanding subsections 17(1) and 30 (4) of the Financial Administration Act, au- thorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 110(p) collected 35 or received by the governments of the prov- inces. Other Matters 94. The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to 40 comply with any other Act of Parliament or any regulation made under an Act of Parlia- ment respecting firearms or other weapons. 41 95. (1) Subject to subsection (2), a provin- cial minister may exempt, for any period not exceeding one year, the employees of any business from the application in that prov- ince, in respect of any thing done by the em- 5 ployees in the course of or for the purpose of their duties or employment, of any provision of this Act or the regulations or Part III of the Criminal Code. (2) Subsection (1) does not apply where it 10 is not desirable, in the interests of the safety of any person, that the employees of the busi- ness be so exempted. (3) A provincial minister may attach to an exemption any reasonable condition that the 15 provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person. DELEGATION 96. (1) Subject to subsection (2), a fire- arms officer who is designated in writing by a 20 chief firearms officer may perform such du- ties 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 25 and an authorizatton to carry must be issued by a chief firearms officer personally. 97. A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the 30 Registrar under this Act or Part III of the Criminal Code as are specified in the designa- tion. INSPECTION 98. In sections 99 to 101, "police officer" includes, in respect of a province, a member 35 of a class of individuals designated by the provincial minister. 99. (1) Subject to section 101, for the pur- pose of ensuring compliance with this Act and the regulations of Part III of the Criminal 40 Code, a police officer may at any reasonable time enter and inspect any place in which the police officer believes on reasonable grounds there is a firearm, prohibited weapon, restrict- 42 ed weapon, prohibited device, ammunition or prohibited ammunition or a record in relation to any of those things and may (a) open any container that the officer be- lieves on reasonable grounds contains a 5 firearm or other thing in respect of which this Act or the regulations or Part III of the Criminal Code applies; (b) examine any firearm and examine any other thing that the officer finds and take 10 samples of it; (c) conduct any tests or analyses or take any measurements; and (d) require any person to produce for exam- ination or copying any records, books of 15 account or other documents that the officer believes on reasonable grounds contain in- formation that is relevant to the enforce- ment of this Act or the regulations of Part III of the Criminal Code. 20 (2) In carrying out an inspection of a place under subsection ( 1 ), a police officer 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 25 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 re- move the print-out or other output for ex- 30 amination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record, book, account or other docu- ment. 35 (3) A police officer who takes a sample under paragraph (1)(b) may dispose of it in any manner that he or she considers appropri- ate. (4) In carrying out an inspection of a place 40 under subsection ( 1 ), a police officer may not use force. 43 100. The owner or person in charge of a place that is inspected by a police officer under section 99 and every person found in the place shall (a) give the police officer all reasonable 5 assistance to enable him or her to carry out the inspection and exercise any power con- ferred by section 99; and (b) provide the police officer with any in- formation relevant to the enforcement of 10 this Act or the regulations or Part III of the Criminal Code that he or she may reasona- bly require. 101. (1) A police officer may not enter a dwelling-house except with the consent of the 15 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 99 exist in relation to a dwelling- 20 house, (b) that entry to the dwelling-house is nec- essary for any purpose relating to the en- forcement of this Act or the regulations or Part III of the Criminal Code, and 25 (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be re- fused may issue a warrant authorizing the police 30 officer named in it to enter that dwelling- house subject to any conditions that may be specifed in the warrant. OFFENCES 102. (1) Every person commits an offence who, for the purpose of procuring a licence, 35 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 dis- cIose any information that is relevant to the 40 application for the licence, registration certif- icate or authorization. 44 (2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs offtcer of a document under this act for that person or any other person, know- ingly makes a statement orally or in writing 5 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 knowl- 10 edge, whether material or not and whether ad- missible or not. 103. Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or 15 falsifies (a) a licence, registration certificate or au- thorization; or (b) a confirmation by a customs officer of a document under this Act. 20 104. Every business commits an offence that possesses ammunition, unless the busi- ness holds a licence under which it may pos- sess ammunition. 105. Every person who commits an Of- 25 fence under section 102, 103 or 104 or who contravenes a regulation made under para- graph 11O(d), (e), (f) , (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 110(o) 30 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 35 106. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person. 107. Every person who commits an of- 40 fence under section 106 or who does not com- ply with section 100 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding two years; or 45 45 (b) is guilty of an offence punishable on summary conviction. 108. Every person who, being the holder of a licence, registration certificate or authoriza- tion that is revoked, does not deliver it up to a 5 peace officer or firearms officer without delay after the revocation is guilty of an offence punishable on summary conviction. 109. Any proceedings in respect of an of- fence under this Act may be commenced at 10 the instance of the Government of Canada and conducted by or on behalf of that government. REGULATIONS 110. The Governor in Council may make regulations (a) respecting the issuance of licences, re- 15 gistration certificates and authorizations, including regulations respecting the pur- poses for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or 20 are not eligible to hold licences; (b) respecting the revocation of licences, registration certificates and authorizations; (c) prescribing the circumstances in which an individual does or does not need to pos- 25 sess 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; 30 (d) respecting the use of firearms in target practice or target shooting competitions; (e) respecting (i) the establishment and operation of shooting clubs and shooting ranges, 35 (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 40 records in relation to shooting clubs and shooting ranges and members of those clubs and ranges; 46 (f) respecting the establishment and main- tenance of gun collections and the acquisi- tion and disposal or disposition of firearms that form part or are to form part of a gun collection; (g) respecting the operation of gun shows, the activities that may be carried on at gun shows and the possession and use of fire- arms at gun shows; (h) respecting the storage, handling, trans- 10 portation, shipping, display, advertising and mail-order sale of firearms and restrict- ed weapons and defining the expression "mail-order sale" for the purposes of this Act; 15 (i) respecting the storage, handling, trans- portation, shipping, possession for a pre- scribed purpose, transfer, exportation or importation of (i) prohibited firearms, prohibited weap- 20 ons, restricted weapons, prohibited de- vices and prohibited ammunition, or (ii) components or parts of prohibited frearms, prohibited weapons, restricted weapons, prohibited devices and prohib- 25 ited ammunition ; (j) respecting the possession and use of re- stricted weapons; (k) for authorizing (i) the possession at any place, 30 (ii) the manufacture or transfer, whether or not for consideration, or offer to man- ufacture or transfer, whether or not for consideration, or (iii) the importation or exportation 35 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 auto- 40 matic firearms; (l) respecting the storage, handling, trans- portation, shipping, acquisition, posses- sion, transfer, exportation, importation, use and disposal or disposition of firearms, pro- 45 hibited weapons, restricted weapons, pro- 47 hibited 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, 5 (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 10 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 15 of Canada or by the government of a province or municipality who are pre- scribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public of- 20 ficers, and (D) chief firearms officers and fire- arms officers, and (ii) by individuals on behalf of, and under the authority of, a police force or a 25 department of the Government of Canada or of a province; (m) respecting the keeping and destruction of records in relation to firearms, prohibit- ed weapons, restricted weapons, prohibited 30 devices and prohibited ammunition; (n) respecting the keeping and destruction of records by businesses in relation to am- munition; (o) creating offences consisting of contra- 35 ventions of the regulations made under par- agraph (d), (e), (f), (g), (i), (j), (i), (m) or (n): (p) prescribing the fees that are to be paid to Her Majesty in right of Canada for 40 licences, registration certifcates, authori- zations, approvals of transfers and importa- tions of firearms and confirmations by customs officers of documents under this Act; 45 48 (q) waiving or reducing the fees payable under paragraph (p) in such circumstances as may be specified in the regulations; (r) respecting the operation of the Canadian Firearms Registry; 5 (s) respecting the sending or issuance of notices and documents in electronic or oth- er form, including (i) the notices and documents that may be sent or issued in electronic or other 10 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 au- 15 thorization in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as their sig- nature, and (iv) the time and date when they are 20 deemed to be received; (t) respecting the manner in which any pro- vision of this Act or the regulations applies to any of the aboriginal peoples of Canada, and adapting any such provision for the 25 purposes of that application; (u) repealing (i) section 4 of the Cartridge Magazine Control Regulations, made by Order in Council P.C. 1992- 1660 of July 16, 1992 30 and registered as SOR/92-460, and the heading before it, (ii) the Designated Areas Firearms Or- der, C.R.C., chapter 430, (iii) section 4 of the Firearms Acquisi- 35 tion 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 Collec- 40 tor Regulations, made by Order in Coun- cil P.C. 1992-1661 of July 16, 1992 and registered as SOR/92-435, and the head- ing before it, (v) sections 8 and 13 of the Prohibited 45 Weapons Control Regulations, made by 49 Order in Council P.C. 1991 - 1925 of Oc- tober 3, 1991 and registered as SOR/91- 572, and the headings before them, (vi) the Restricted Weapon Registration Certificate for Classes of Persons other 5 than Individuals Regulations, made by Order in Counci1 P.C. 1993-766 of April 20, 1993 and registered as SOR/93-200, and (vii) sections 7, 15 and 17 of the Restrict- 10 ed Weapons and Firearms Control Regu- lations, made by Order in Council P.C. 1978-2572 of August 16, 1978 and regis- tered as SOR/78-670, and the headings before them; and 15 (v) prescribing anything that by any provi- sion of this Act is to be prescribed by regu- lation. 111. (1) The federal Minister shall have each proposed regulation laid before each 20 House of Parliament. (2) Each proposed regulation that is laid before a House of Parliament shall be referred by that House to an appropriate committee of that House, as determined by the rules of that 25 House, and the committee may conduct in- quiries or public hearings with respect to the proposed regulation and report its findings to that House. 30 (3) 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 35 Parliament, (i) the committee reports to the House, or (ii) the committee decides not to conduct inquiries or public hearings. (4) For the purpose of this section, "sitting 40 day" means a day on which either House of Parliament sits. 112. (1) No proposed regulation that has been laid pursuant to section III need again be laid under that section, whether or not it 45 has been altered. 50 (2) A regulation made under section 110 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 im- 5 material or insubstantial that section 111 should not be applicable in the circumstances. (3) A regulation made under paragraph 110(i), (1), (m), (n), (o), (q), (r) or (s) may be made without being laid before either House 10 of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 111 should not be applica- ble in the circumstances. (4) Where the federal Minister forms the 15 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 para- 20 graph 110(v) prescribing a date for the pur- poses of the application of any provision of this Act without being laid before either House of Parliament. (6) For greater certainty, a regulation may 25 be made under Part 111 of the Criminal Code without being laid before either House of Par- liament. TRANSITIONAL PROVISIONS Licences 113. (1) A firearms acquisition certificate is deemed to be a licence if it 30 (a) was issued under section 106 or 107 of the former Act; (b) had not been revoked before the com- mencement day; and (c) was valid pursuant to subsection 35 106( 11 ) of the former Act, or pursuant to that subsection as applied by subsection 107(1) of the former Act, on the com- mencement day. (2) A firearms acquisition certificate that is 40 deemed to be a licence authorizes the holder (a) to acquire and possess any firearms oth- er than prohibited firearms that are ac- 51 quired by the holder on or after the commencement day and before the expira- tion or revocation of the firearms acquisi- tion certificate; and (b) in the case of an individual referred to 5 in subsection 12(2), (3), (4), (5) or (6), to acquire and possess any prohibited firearms referred to in that subsection that are ac- quired by the holder on or after the com- mencement day. 10 (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 15 (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 subsec- 20 tion (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 the lost, stolen or destroyed. 25 114. (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; 30 (b) had not been revoked before the com- mencement day; and (c) remained in force pursuant to subsec- tion 1l0(8) of the former Act on the Com- mencement day . 35 (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 40 is valid only in the province in which it was issued, unless the permit was endorsed pursu- ant to subsection 110(10) of the former Act as being va1id within the provinces indicated in the permit, in which case it remains valid 45 within those provinces. 52 (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 5 was issued attains the age of eighteen years, and (c) five years after the birthday of the per- son next following the day on which it was issued, if that fifth anniversary occurs on or 10 after the commencement day. 115. An approval of a museum, other than a museum established by the Chief of the De- fence Staff, is deemed to be a licence if the approval 15 (a) was granted under subsection 105(1) of the former Act; and (b) had not been revoked before the com- mencement day. 116. A permit to carry on a business de- 20 scribed in paragraph 105(1)(a) or (b) or sub- paragraph 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 25 former Act, or (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1 968- 69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the 30 Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; (b) had not been revoked before the com- mencement day; 35 (c) had not ceased to be in force or have any effect on October 30, 1992 under sec- tion 34 of An Act to amend the Criminal Code and the Customs Tariff in conse- quence thereof, chapter 40 of the Statutes 40 of Canada, 1991 ; and (d) remained in force pursuant 10 subsec- tion 110(5) of the former Act on the com- mencement day. 53 117. A permit or an approval of a museum that is deemed to be a licence under section 115 or 116 is valid only for the location of the business or museum for which it was issued. 118. A permit or an approval of a museum 5 that is deemed to be a licence under section 115 or 116 expires on the earlier of (a) the expiration of the period for which the permit or approval was expressed to be issued or granted, and 10 (b) one year after the commencement day. 119. (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 15 (b) had not been revoked before the com- mencement 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. 20 (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, 25 (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 116, the expiration of 30 the permit. 120. Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 113 to 119 had it been issued before 35 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 issu- ing a firearms acquisition certificate or a 40 permit or making an approval or designa- tion ; and 54 (b) only a person who has authority under this Act to issue a licence may finally dis- pose of the application. Registration Certificates 121. (1) A registration certificate is deemed to be a registration certificate issued 5 under section 58 if it (a) was (i) issued under subsection 109(7) of the former Act, or (ii) continued under subsection 6(2) of 10 the Criminal Law Amendment Acc, 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, 15 1976-77; and (b) had not been revoked before the com- mencement day. (2) A registration certificate that is deemed to be a registration certificate issued under 20 section 58 expires on the earlier of (a) its expiration under section 64, and (b) December 31, 2002, or such other date as is prescribed. 122. Every application for a registration 25 certificate that was pending on the com- mencement day shall be dealt with and dis- posed of under and in accordance with the former Act, except that only a person who has authority under this Act to issue a registration 30 certificate may finally dispose of the applica- tion. Authorized Transportation of Firearms 123. (1) A permit authorizing a person to possess a particular prohibited firearm or re- stricted firearm is deemed to be an authoriza- 35 tion 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 40 the Criminal Law Amendment Act, 1968- 69, chapter 38 of the Statutes of Canada, 55 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 com- 5 mencement day ; and (c) remained in force pursuant to subsec- tion 110(1) of the former Act on the com- mencement day. (2) A permit that is deemed to be an author- 10 ization 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 15 permit, in which case it remains valid within those provinces. (3) A permit that is deemed to be an author- ization to carry or authorization to transport expires on the earlier of 20 (a) the expiration of the period for which it was expressed to be issued, and (b) two years after the commencement day. 124. A permit authorizing a person who does not reside in Canada to possess and carry 25 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; 30 (b) had not been revoked before the com- mencement day ; and (c) remained in force pursuant to that sub- section on the commencement day. 125. A permit authorizing a person to 35 transport or to convey to a local registrar of firearms a particular prohibited firearm or re- stricted firearm is deemed to be an authoriza- tion to transport if it (a) was 40 (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, 45 56 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 com- 5 mencement day ; and (c) remained in force pursuant to subsec- tion 110(3) or (4) of the former Act on the commencement day. 126. A permit that is deemed to be an au- 10 thorization to transport under section 124 or 125 expires on the expiration of the period for which the permit was expressed to be issued. 127. Every application that was pending on the commencement day for a document 15 that would be a document referred to in any of sections 123 to 125 had it been issued before the commencement day shall be dealt wlth and disposed of under and in accordance with the former Act, except that 20 (a) an authorization to carry or authoriza- tion to transport shall be issued or a condi- tion shall be attached to a licence instead of issuing a permit; and (b) only a person who has authority under 25 this Act to issue an authorization to carry or authorization to transport may finally dis- pose of the application. 128. (1) An approval of a shooting club is deemed to be an approval granted under this 30 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 com- 35 mencement 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 40 was expressed to be granted, and (b) one year after the commencement day. 129. Every permit authorizing a person to temporarily store a particular prohibited fire- arm or restricted firearm 45 57 (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 sub- 5 section 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 is- sued, unless the permit is revoked by a chief 10 firearms officer for any good and sufficient reason. CONDITIONAL AMENDMENTS TO THIS ACT 130. If Bill C-7, introduced during the first session of the thirty-fifth Parliament and entitled An Act respecting the control of 15 certain drugs, their precursors and other sub- stances and to amend certain other Acts and repeal the Narcotic Control Act in conse- quence thereof, is assented to, then, on the later of the day on which sections 6 and 7 of 20 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 fol- lowing: (iv) an offence relating to a contraven- 25 tion of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Sub- stances Act; 131. If Bill C-41, introduced in the first session of the thirty-fifth Parliament and en- 30 titled 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, 35 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 40 the Criminal Code": (a) paragraph 5(2)(a); and (b) paragraphs 68(1)(a) and (b). 58 AMENDMENTS TO THE CRIMINAL CODE 132. (1) The definition "weapon" in sec- tion 2 of the Criminal Code is replaced by the following: "weapon" means any thing used, designed to be used or intended for use 5 (a) in causing death or injury to any per- son, or (b) for the purpose of threatening or in- timidating any person and, without restricting the generality of 10 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 15 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; 20 [begin explanatory notes] EXPLANATORY NOTES Criminal Code Clause 132: (1) The definition "weapon" in section reads as follows: "weapon" means (a) anything used, designed to be used or intended for use in causing death or injury to any person, or (b) anything used, designed to be used or intended for use for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes any firearm as defined in subsection 84(1); (2) New. [end explanatory notes] 59 133. 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), 5 "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, a shot shell and any 10 cartridge the projectile of which is, or is capable of producing, a gas of any kind, but does not include a blank cartridge; "authorization" means an authorization is- sued under the Firearms Act; 15 "automatic firearm" means a firearm that is capable of, or assembled or designed and manufactured with the capability of, dis- charging projectiles in rapid succession during one pressure of the trigger; 20 "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 fire- arms officer as defined in subsection 2(1) 25 of the Firearms Act, 60 "cross-bow" means a device with a bow and a bowstring mounted on a stock that is de- signed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is 5 capable of causing serious bodily injury or death to a person; "firearms officer" means a firearms officer as defined in subsection 2(1) of the Fire- arms Act; 10 "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 al- tered to be aimed and fired by the action of 15 both hands; "imitation firearm" means any thing that imitates a firearm, and includes a replica firearm; "licence" means a licence issued under the 20 Firearms Act; "prescribed" means prescribed by the regu- lations; "prohibited ammunition" means ammuni- tion, or a projectile of any kind, that is 25 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 de- 30 vice, (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 35 for use in international sporting compe- titions governed by the rules of the In- ternational Shooting Union, (c) a device or contrivance designed or intended to muffle or stop the sound or 40 report of a firearm, (d) a cartridge magazine that is pre- scribed to be a prohibited device, or (e) a replica firearm; "prohibited firearm" means 45 61 (a) a handgun that (i) has a barrel equal to or less than 105 mm in length, Or (ii) is designed or adapted to dis- charge a .25 or .32 calibre cartridge, 5 but does not include any such handgun that is prescribed, where the handgun is for use in international sporting compe- titions governed hy the rules of the In- ternational Shooting Union, 10 (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 15 (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 20 projectile with one pressure of the trig- ger, or (d) any firearm that is prescribed to be a prohibited firearm; "prohibited weapon" means 25 (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 at- tached to the handle of the knife, or 30 (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 Parlia- 35 ment prohibiting a person from possessing any firearm, cross-bow, prohibited weap- on, restricted weapon, prohibited device, ammunition, prohibited ammunition or ex- plosive substance, or all such things; 40 "Registrar" means the Registrar of Firearms appointed under section 80 of the Fire- arms Act; "registration certificate" means a registra- tion certificate issued under the Firearms 45 Act; 62 "replica firearm" means any device that is designed or intended to exactly resemble, or to resemble with near precision, a fire- arm, but that is not designed to discharge, or is not capable of discharging, ammuni- 5 tion; "restricted firearm" means (a) a handgun that is not a prohibited firearm, (b) a firearm that 10 (i) is not a prohibited firearm, (ii) has a barrel less than 470 mm in length, and (iii) is capable of discharging centre- fire ammunition in a semi-automatic 15 manner, (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescop- ing or otherwise, or 20 (d) a firearm of any other kind that is prescribed to be a restricted firearm; "restricted weapon" means any weapon, oth- er than a firearm, that is prescribed to be a restricted weapon; 25 "superior court" means (a) in Ontario, the Ontario Court (Gen- eral Division), sitting in the region, dis- trict or county or group of counties where the relevant adjudication was 30 made, (b) in Quebec, the Superior Court, (c) in New Brunswick, Manitoba, Sas- katchewan and Alberta, the Court of Queen's Bench, 35 (d) in Nova Scotia, British Columbia and a territory, the Supreme Court, and (e) in Prince Edward Island and New- foundland, the Trial Division of the Su- preme Court; 40 "transfer" means sell, barter, give, lend, send, transport, ship, distribute or deliver. (2) For the purposes of this Part, the length of a barrel of a firearm is 63 (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 5 muzzle of the barrel to and including the chamber, but does not include the length of any com- ponent, part or accessory including any com- ponent, part or accessory designed or 10 intended to suppress the muzzle flash or re- duce 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 15 following weapons are deemed not to be fire- arms: (a) any firearm manufactured before 1898 that (i) was not designed to discharge rim- 20 fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or (ii) if it has been so designed or rede- signed, is capable only of discharging 25 rim-fire or centre-fire ammunition that is not commonly available in Canada, excluding any such firearm that is pos- sessed by a person who intends to fire it at any time and that, but for this subsection, 30 would be a restricted firearm; (b) any device that is (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, 35 explosive-driven rivets or other indus- trial projectiles, and (ii) intended by the person in possession of it to be used exclusively for the pur- pose for which it is designed; 40 (c) any shooting device that is (i) designed exclusively for the slaugh- tering of domestic animals, the tranquil- lizing of animals or the discharging of projectiles with lines attached to them, 45 and 64 (ii) intended by the person in possession of it to be used exclusively for the pur- pose for which it is designed; and (d) any other barrelled weapon, where it is proved that the weapon is not designed or 5 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 10 is designed or adapted to attain a veloc- ity exceeding 152.4 m per second. (4) For the purposes of this Part, a person is the holder of (a) an authorization or a licence if the au- 15 thorization 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 20 issued to the person and the person con- tinues to hold it, or (ii) the person possesses the registration certificate with the permission of its lawful holder. 25 Use Offences 85. (1) Every person commits an offence who uses a firearm (a) while committing an indictable of- fence, other than an offence under section 220 (criminal negligence causing death), 30 236 (manslaughter), 239 (attempted mur- der), 244 (causing bodily harm with intent - firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279. 1 (hostage-taking), 35 344 (robbery) or 346 (extortion), (b) while attempting to commit an indicta- ble offence, or (c) during flight after committing or at- tempting to commit an indictable offence, 40 whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm. 65 (2) Every person commits an offence who uses an imitation firearm (a) while committing an indictable of- fence, (b) while attempting to commit an indicta- 5 ble offence, or (c) during flight after committing or at- tempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result 10 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 15 provided in paragraph (b), to imprison- ment for a term not exceeding fourteen years and to a minimum punishment of im- prisonment for a term of one year; (b) in the case of a first offence committed 20 by a person who, before January 1 , 1978, was convicted of an indictable offence, or an attempt to commit an indictable of- fence, in the course of which or during flight after the commission or attempted 25 commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a mini- mum punishment of imprisonment for a term of three years; and 30 (c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a mini- mum punishment of imprisonment for a term of three years. 35 (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punish- ment imposed on the person for an offence arising out of the same event or series of 40 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 45 who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, 66 a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or pro- hibited ammunition in a careless manner or without reasonable precautions for the safety of other persons. 5 (2) Every person commits an offence who contravenes a regulation made under para- graph 110(h) of the Firearms Act respecting the storage, handling, transportation, ship- ping, display, advertising and mail-order 10 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 15 (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 20 (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 25 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 ex- 30 ceeding 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 imita- 35 tion 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 40 under subsection (1) 67 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding ten years; or (b) is guilty of an offence punishable on summary conviction. 5 89. (1) Every person commits an offence who, without lawful excuse, carries a weap- on, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public 10 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 15 who carries a weapon, a prohibited device or any prohibited ammunition concealed, un- less the person is authorized under the Fire- arms Act to carry it concealed. (2) Every person who commits an offence 20 under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on 25 summary conviction. 91. (1) Subject to subsection (4) and sec- tion 98, every person commits an offence who possesses a firearm, unless the person is the holder of 30 (a) a licence under which the person may possess it; and (b) a registration certificate for the fire- arm. (2) Subject to subsection (4) and section 35 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 ammuni- tion, unless the person is the holder of a li- 40 cence under which the person may possess it. (3) Every person who commits an offence under subsection (1) or (2) 68 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 5 (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 ammu- nition while the person is under the direct 10 and immediate supervision of a person who may lawfully possess it, for the pur- pose of using it in a manner in which the supervising person may lawfully use it; or (b) a person who comes into possession of 15 a firearm, a prohibited weapon, a restrict- ed weapon, a prohibited device or any pro- hibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, 20 (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. 25 92. (1) Subject to subsection (4) and sec- tion 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 30 possess it; and (b) a registration certificate for the fire- arm. (2) Subject to subsection (4) and section 98, every person commits an offence who 35 possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammuni- tion knowing that the person is not the holder of a licence under which the person may pos- 40 sess 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 impris- 45 onment for a term not exceeding ten years; 69 (b) in the case of a second offence, to im- prisonment for a term not exceeding ten years and to a minimum punishment of im- prisonment for a term of one year; and (c) in the case of a third or subsequent 5 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 10 (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammu- nition while the person is under the direct and immediate supervision of a person 15 who may lawfully possess it, for the pur- pose 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 restrict- 20 ed weapon, a prohibited device or any pro- hibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it, or 25 (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm. 93. (1) Subject to subsection (3) and sec- 30 tion 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may pos- sess a firearm, a prohibited weapon, a re- stricted weapon, a prohibited device or 35 prohibited ammunition, possesses the fire- arm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is (a) indicated on the authorization or li- 40 cence as being a place where the person may not possess it; (b) other than a place indicated on the au- thorization or licence as being a place where the person may possess it; or 45 (c) other than a place where it may be pos- sessed under the Firearms Act. 70 (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 ex- ceeding five years; or 5 (b) is guilty of an offence punishable on summary conviction. (3) Subsection (1) does not apply to a per- son who possesses a replica firearm. 94. (1) Subject to subsections (3) and (4) 10 and section 98, every person commits an of- fence 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 fire- 15 arm, 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 20 under which the person or other occu- pant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the pro- hibited firearm or restricted firearm, 25 and (B) a registration certificate for the firearm, (ii) the person had reasonable grounds to believe that any other occupant of the 30 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 35 firearm, transport the prohibited fire- arm or restricted firearm, and (B) a registration certificate for the firearm, or (iii) the person had reasonable grounds 40 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; 45 and 71 (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 au- 5 thorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weap- on, prohibited device or prohibited am- munition, or 10 (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 occu- 15 pant may transport the prohibited weapon, restricted weapon, prohibit- ed device or prohibited ammunition, or (B) a person who could not be con- 20 victed 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) 25 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding ten years; or (b) is guilty of an offence punishable on summary conviction. 30 (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becom- ing aware of the presence of the firearm, pro- hibited weapon, restricted weapon, prohibited device or prohibited ammunition 35 in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasi- ble to do so, or actually left the motor vehi- cle. (4) Subsection (1) does not apply to an 40 occupant of a motor vehicle where the occu- pant or any other occupant of the motor vehi- cle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited am- 45 munition by the operation of law. 72 95. (1) Subject to subsection (3) and sec- tion 98, every person commits an offence who, in any place, possesses a loaded prohib- ited firearm or restricted firearm, or an un- loaded prohibited firearm or restricted 5 firearm together with readily accessible am- munition that is capable of being discharged in the firearm, unless the person is the holder of (a) an authorization or a licence under 10 which the person may possess the firearm in that place; and (b) the registration certificate for the fire- arm. (2) Every person who commits an offence 15 under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding ten years and to a minimum pun- ishment of imprisonment for a term of one 20 year; or (b) is guilty of an offence punishable on summary conviction and liable to impris- onment for a term not exceeding one year. (3) Subsection (1) does not apply to a per- 25 son 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. 30 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 prohibit- ed ammunition that the person knows was 35 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 40 under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding ten years and to a minimum pun- ishment of imprisonment for a term of one 45 year; or 73 (b) is guilty of an offence punishable on summary conviction and liable to impris- onment for a term not exceeding one year. (3) Subsection (1) does not apply to a per- son who comes into possession of anything 5 referred to in that subsection by the opera- tion of law and who lawfully disposes of it within a reasonable period after acquiring possession of it. 97. (1) Every person commits an offence 10 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 15 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 20 liab1e to imprisonment for a term not ex- ceeding two years; or (b) is guilty of an offence punishable on summary conviction. 98. (1) Every person who, immediately 25 before the coming into force of any of sub- sections 91 (1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm without a firearm acqui- sition certificate because (a) the person possessed the firearm 30 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 sub- 35 section to be, until January 1, 2001 or such other date as is prescribed, the holder of a licence under which the person may possess the firearm. (2) Every person who, immediately before 40 the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), pos- sessed a firearm and was the holder of a fire- arm acquisition certificate shall be deemed for the purposes of that subsection to be, un- 45 til January 1, 2001 or such other date as is 74 prescribed, the holder of a licence under which the person may possess the firearm. (3) Every person who, at any time between the coming into force of subsection 91(1), 92(1) or 94(1) and the later of January 1, 5 1998 and such other date as is prescribed, possesses a firearm that, as of that date, is not a prohibited firearm or a restricted fire- arm, shall be deemed for the purposes of that subsection to be, until January 1, 2003 or 10 such other 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 15 not for consideration, or (b) offers to do anything referred to in par- agraph (a) in respect of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammuni- 20 tion 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. 25 (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 30 one year. 100. (1) Every person commits an offence who possesses a firearm, a prohibited weap- on, a restricted weapon, a prohibited device, any ammunition or any prohibited ammuni- 35 tion for the purpose of (a) transferring it, whether or not for con- sideration, or (b) offering to transfer it, knowing that the person is not authorized to 40 transfer it under the Firearms Act or any oth- er Act of Parliament or any regulations made under any Act of Parliament. 75 (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 weap- on, a restricted weapon, a prohibited device, any ammunition or any prohibited ammuni- 10 tion 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 l5 under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on 20 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, dis- 25 charging projectiles in rapid succession dur- ing one pressure of the trigger. (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and 30 liable to imprisonment for a term not ex- ceeding ten years and to a minimum pun- ishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on 35 summary conviction and liable to impris- onment for a term not exceeding one year. Export and Import Offences 103. (l) Every person commits an offence who imports or exports 76 (a) a firearm, a prohibited weapon, a re- stricted weapon, a prohibited device or any prohibited ammunition, or (b) any component or part designed exclu- sively for use in the manufacture of or as- 5 sembly 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. 10 (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 15 one year. (3) Any proceedings in respect of an of- fence under subsection (1) may be com- menced at the instance of the Government of Canada and conducted by or on behalf of that 20 government. 104. (1) Every person commits an offence who imports or exports (a) a firearm, a prohibited weapon, a re- stricted weapon, a prohibited device or 25 any prohibited ammunition, or (b) any component or part designed exc1u- sively for use in the manufacture of or as- sembly into an automatic firearm, otherwise than under the authority of the 30 Firearms Act or any other Act of Parliament or any regulations made under an Act of Par- liament. (2) Every person who commits an offence under subsection (1) 35 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 40 (3) Any proceedings in respect of an of- fence under subsection (1) may be com- menced at the instance of the Government of Canada and conducted by or on behalf of that government. 45 77 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 au- 5 thorization, a licence or a registration cer- tificate, or having had it stolen from the person's possession, does not with reason- able despatch report the loss to a peace officer, to a firearms officer or a chief fire- 10 arms 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 be- 15 lieve 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 20 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 ex- 25 ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 106. (1) Every person commits an offence who 30 (a) after destroying any firearm, prohibit- ed weapon, restricted weapon, prohibited device or prohibited ammunition, or (b) on becoming aware of the destruction of any firearm, prohibited weapon, re- 35 stricted weapon, prohibited device or pro- hibited ammunition that was in the person's possession before its destruction, does not with reasonable despatch report the destruction to a peace officer, firearms of- 40 ficer or chief firearms officer. (2) Every person who commits an offence under subsection (1) 78 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 5 107. (1) Every person commits an offence who knowingly makes, before a peace of- ficer, firearms officer or chief firearms of- ficer, a false report or statement concerning the loss, theft or destruction of a firearm, a 10 prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammuni- tion, an authorization, a licence or a registra- tion certificate. (2) Every person who commits an offence 15 under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on 20 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. 25 108. (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 30 (b) possesses a firearm knowing that the serial number on it has been altered, de- faced or removed. (2) Every person who commits an offence under subsection (1) 35 (a) is guilty of an indictable offence and liable to imprisonment for a term not ex- ceeding five years; or (b) is guilty of an offence punishable on summary conviction. 40 (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possess- ing a firearm the serial number on which has been altered, defaced or removed, where that 79 serial number has been replaced and a regis- tration certificate in respect of the firearm has been issued setting out a new serial num- ber for the firearm. (4) In proceedings for an offence under 5 subsection (1), evidence that a person pos- sesses a firearm the serial number on which has been wholly or partially obliterated oth- erwise than through normal use over time is, in the absence of evidence to the contrary, 10 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 15 (a) an indictable offence in the commis- sion of which violence against a person was used, threatened or attempted and for which the person may be sentenced to im- prisonment for ten years or more, 20 (b) an offence under subsection 85(1) (us- ing firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (posses- sion of prohibited or restricted firearm 25 with ammunition), 99(1) (weapons traf- ficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making au- tomatic firearm), 103(1) (importing or ex- porting knowing it is unauthorized) or 30 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, 35 or (d) an offence that involves, or the sub- ject-matter of which is, a firearm, a cross- bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammuni- 40 tion, any prohibited ammunition or an ex- plosive 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 45 thing, 80 the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other pun- ishment that may be imposed for that offence or any other condition prescribed in the order 5 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 10 the period specified in the order as deter- mined 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 15 discharge from the offence to which the or- der relates, prohibit the person from possess- ing (a) any firearm, other than a prohibited firearm or restricted firearm, and any 20 cross-bow, restricted weapon, ammunition and explosive substance during the period that (i) begins on the day on which the order is made, and 25 (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 con- 30 viction for or discharge from the of- fence; and (b) any prohibited firearm, restricted fire- arm, prohibited weapon, prohibited device and prohibited ammunition for life. 35 (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 sub- 40 stance for life. (4) In subparagraph (2)(a)(ii), "release from imprisonment" means release from confinement by reason of expiration of sentence, commencement of statutory re- 45 lease or grant of parole. 81 (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 re- 5 ferred to in paragraph 109(1)(a), in the commission of which violence against a person was used, threatened or attempted, or (b) an offence that involves, or the sub- 10 ject-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, 15 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 20 that the person be discharged, as the case may be, shall, in addition to any other pun- ishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desira- 25 ble, in the interests of the safety of the per- son or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, re- stricted weapon, prohibited device, ammuni- 30 tion, 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) 35 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 impris- onment after conviction for the offence to which the order relates or, if the person is not 40 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 or- der under subsection (1), or where the court 45 does make such an order but does not prohib- it the possession of everything referred to in that subsection, the court shall include in the 82 record a statement of the court's reasons for not doing so. (4) In subsection (2), "release from im- prisonment" means release from confine- ment by reason of expiration of sentence, 5 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 10 or chief firearms officer may apply to a pro- vincial court judge for an order prohibiting a person from possessing any firearm, cross- bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited 15 ammunition or explosive substance, or all such things, where the peace officer, fire- arms officer or chief firearms officer be- lieves on reasonable grounds (a) that it is not desirable in the interests of 20 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; or (b) that another person who is prohibited 25 by any order made under this Act or any other Act of Parliament from possessing any such thing cohabits with, or is an asso- ciate of, the person against whom the or- der is sought would or might have access 30 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 35 judge shall fix a date for the hearing of the application and direct that notice of the hear- ing be given, in such manner as the provin- cial court judge may specify, to the person against whom the order is sought. 40 (3) Subject to subsection (4), at the hear- ing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf 45 of the applicant and the person against whom the order is sought. 83 (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 5 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), 10 the provincial court judge is satisfied that the circumstances referred to in paragraph (1)(a) or (b) exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibit- 15 ed weapon, restricted weapon, prohibited de- vice, ammunition, prohibited ammunition or explosive substance, or all such things, (a) where the circumstances referred to in paragraph (1)(a) exist, for such period, not 20 exceeding five years, as is specified in the order, beginning on the day on which the order is made; or (b) where the circumstances referred to in paragraph (1)(b) exist, until the expiration 25 of the order against the other person re- ferred to in that paragraph. (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make 30 such an order but does not prohibit the pos- session of everything referred to in that sub- section, the provincial court judge shall include in the record a statement of the court's reasons. 35 (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 Gen- 40 eral, 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 45 court against the decision not to make an or- der. 84 (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 modi- fications as the circumstances require and as 5 if each reference in that Part to the appeal court were a reference to the superior court. (11) In this section and section 112, "pro- vincial court judge" means a provincial court judge having jurisdiction in the territorial di- 10 vision where the person against whom the application for an order was brought resides. 112. A provincial court judge may, on ap- plication by the person against whom an or- der is made under subsection 111(5), revoke 15 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 com- 20 petent 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 25 would constitute a virtual prohibition against employment in the only vocation open to the person, the competent authority may, notwithstand- ing that the person is or will be subject to a 30 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 con- siders appropriate, an authorization, a li- 35 cence or a registration certificate, as the case may be, to the person for sustenance or em- ployment purposes. (2) A competent authority may make an order under subsection (1) only after taking 40 the following factors into account: (a) the criminal record, if any, of the per- son; (b) the nature and circumstances of the of- fence, if any, in respect of which the pro- 45 hibition order was or will be made; and 85 (c) the safety of the person and of other persons. (3) Where an order is made under subsec- tion (1), (a) an authorization, a licence or a regis- 5 tration 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 prohi- 10 bition 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 15 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 li- 20 cence 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. 25 (4) For greater certainty, an order under subsection (1) may be made during proceed- ings for an order under subsection 109(1), 110(1), 111(5), 117.05(4) or 515(2), para- graph 737(2)(d) or subsection 810(3). 30 (5) In this section, "competent authority" means the competent authority that made or has jurisdiction to make the prohibition or- der. 114. A competent authority that makes a 35 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 40 prohibited by the order that is in the pos- session of the person on the commence- ment of the order, and (b) every authorization, licence and regis- tration certificate relating to any thing the 45 possession of which is prohibited by the 86 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 5 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 10 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 15 otherwise dealt with as the Attorney General directs. 116. Every authorization, licence and re- gistration certificate relating to any thing the possession of which is prohibited by a prohi- 20 bition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, re- voked, or amended, as the case may be, to the extent of the prohibitions in the order. 25 117. Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on ap- plication for an order under this section, sat- isfied that a person, other than the person 30 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 subsec- tion 115(1) and is lawfully entitled to pos- 35 sess it, and (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no rea- sonable grounds to believe that the thing would or might be used in the commission 40 of the offence in respect of which the pro- hibition order was made, the competent authority shall order that the thing be returned to the owner or the pro- ceeds of any sale of the thing be paid to that 45 owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. 87 117.01 (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 5 an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parlia- ment. (2) Every person commits an offence who 10 fails to surrender to a peace officer, a fire- arms officer or a chief firearms officer any authorization, licence or registration certifi- cate held by the person when the person is required to do so by any order made under 15 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 ex- 20 ceeding ten years; or (b) is guilty of an offence punishable on summary conviction. (4) Subsection (1) does not apply to a per- son who possessed a firearm in accordance 25 with an authorization or licence issued to the person as the result of an order made under subsection 113(1). Search and Seizure 117.02 (1) Where a peace officer believes on reasonable grounds 30 (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 35 (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, 40 a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, 88 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 con- ditions for obtaining a warrant exist but, by 5 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 be- 10 lieves on reasonable grounds the offence is being committed or has been committed. (2) Any thing seized pursuant to subsec- tion (1) shall be dealt with in accordance with sections 490 and 491. 15 117.03 (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 inspec- tion by the peace officer, an authorization 20 or a licence under which the person may lawfully possess the firearm and a regis- tration certificate for the firearm, or (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited 25 device or any prohibited ammunition who fails, on demand, to produce, for inspec- tion by the peace officer, an authorization or a licence under which the person may lawfully possess it, 30 may seize the firearm, prohibited weapon, restricted weapon, prohibited device or pro- hibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this 35 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 40 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 45 which the person is lawfully entitled to possess it, and 89 (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 5 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 10 seized or its owner, if known, an opportunity to establish that the person is lawfully enti- tled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs. 15 117.04 (1) Where, pursuant to an applica- tion 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 20 the person, or of any other person, for the person to possess any weapon, prohibited de- vice, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search 25 for and seize any such thing, and any author- ization, licence or registration certificate re- lating to any such thing, that is held by or in the possession of the person. (2) Where, with respect to any person, a 30 peace officer is satisfied that there are rea- sonable grounds to believe that it is not de- sirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, am- 35 munition, prohibited ammunition or explo- sive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possi- ble danger to the safety of that person or any 40 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 45 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 90 (2) shall forthwith make a return to the jus- tice 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 war- 5 rant, the things or documents, if any, seized and the date of execution of the warrant; and (b) in the case of a search conducted with- out a warrant, the grounds on which it was 10 concluded that the peace officer was enti- tled 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 15 the time of the seizure to seize an authoriza- tion 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 20 authorization, licence and registration certif- icate 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) 25 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 docu- 30 ment so seized made by a peace officer with- in thirty days after the date of execution of the warrant or of the seizure without a war- rant, as the case may be, fix a date for the hearing of the application and direct that no- 35 tice 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 40 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. 45 (3) At the hearing of an application made under subsection (1), the justice shall hear all relevant evidence, including evidence re- 91 specting the value of the thing in respect of which the application was made. (4) Where, following the hearing of an ap- plication made under subsection (1), the jus- tice finds that it is not desirable in the 5 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, pro- hibited ammunition and explosive substance, 10 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 15 circumstances warrant such an action, or- der that the possession by that person of any weapon, prohibited device, ammuni- tion, prohibited ammunition and explosive substance, or of any such thing, be prohib- 20 ited during any period, not exceeding five years, that is specified in the order, begin- ning on the making of the order. (5) Where a justice does not make an order under subsection (4), or where a justice does 25 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 rea- sons. 30 (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 35 person, the person may appeal to the superior court against the order. (8) Where a justice does not make a find- ing as described in subsection (4) following the hearing of an application under subsec- 40 tion (1), or makes the finding but does not make an order to the effect described in para- graph (4)(b), the Attorney General may ap- peal to the superior court against the failure to make the finding or to make an order to 45 the effect so described. 92 (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 modifi- cations as the circumstances require and as if 5 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 10 seized if (a) no application is made under subsec- tion 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 15 be; or (b) an application is made under subsec- tion 117.05(1) within the period referred to in paragraph (a), and the justice does not make a finding as described in subsec- 20 tion 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, 25 is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or regis- tration certificate be restored. 30 Exempted Persons 117.07 (1) Notwithstanding any other pro- vision of this Act, but subject to section 117.1, no public officer is guilty of an of- fence under this Act or the Firearms Act by reason only that the public officer 35 (a) possesses a firearm, a prohibited weap- on, a restricted weapon, a prohibited de- vice, any prohibited ammunition or an explosive substance in the course of or for the purpose of the public officer's duties 40 or employment; (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a pro- hibited weapon, a restricted weapon, a prohibited device, any ammunition or any 45 93 prohibited ammunition in the course of the public officer's duties or employment; (c) exports or imports a firearm, a prohib- ited weapon, a restricted weapon, a pro- hibited device or any prohibited 5 ammunition in the course of the public of- ficer's duties or employment; (d) exports or imports a component or part designed exclusively for use in the manu- facture of or assembly into an automatic 10 firearm in the course of the public of- ficer'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 15 assembles any firearm with intent to pro- duce a firearm that is capable of, discharg- ing projectiles in rapid succession during one pressure of the trigger; (f) fails to report the loss, theft or finding 20 of any firearm, prohibited weapon, re- stricted weapon, prohibited device, ammu- nition, prohibited ammunition or explosive substance that occurs in the course of the public officer's duties or em- 25 ployment 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 30 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 35 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; 40 (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 45 and supervision of 94 (i) a police force, or (ii) a police academy or similar institu- tion designated by the Attorney General of Canada or the Lieutenant Governor in Council of a province; 5 (f) a member of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who is authorized under para- graph 14(a) of that Act to possess and car- ry explosives, ammunition and firearms; 10 (g) a person, or member of a class of per- sons, employed in the public service of Canada or by the government of a prov- ince or municipality who is prescribed to be a public officer; or 15 (h) a chief firearms officer and any fire- arms officer. 117.08 Notwithstanding any other provi- sion of this Act, but subject to section 117.1, no individual is guilty of an offence under 20 this Act or the Firearms Act by reason only that the individual (a) possesses a firearm, a prohibited weap- on, a restricted weapon, a prohibited de- vice, any prohibited ammunition or an 25 explosive substance, (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a pro- hibited weapon, a restricted weapon, a prohibited device, any ammunition or any 30 prohibited ammunition, (c) exports or imports a firearm, a prohib- ited weapon, a restricted weapon, a pro- hibited device or any prohibited ammunition, 35 (d) exports or imports a component or part designed exclusively for use in the manu- facture of or assembly into an automatic firearm, (e) alters a firearm so that it is capable of, 40 or manufactures or assembles any firearm with intent to produce a firearm that is ca- pable of, discharging projectiles in rapid succession during one pressure of the trig- ger, 45 95 (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, re- stricted weapon, prohibited device, ammu- nition, prohibited ammunition or explosive substance or the destruction of 5 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 10 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 pro- vision of this Act, but subject to section 15 117.1, no individual who is the holder of a licence to possess and acquire restricted fire- arms 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 20 authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an of- fence under this Act or the Firearms Act by 25 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 pro- hibited weapon, a prohibited device or any 30 prohibited ammunition; (b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any pro- hibited ammunition; 35 (c) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is ca- pable of, discharging projectiles in rapid succession during one pressure of the trig- 40 ger, or (d) alters a serial number on a firearm. (2) Notwithstanding any other provision of this Act, but subject to section 117.1, no 96 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 em- 5 ployment, possesses any thing referred to in paragraph (1)(a) or does anything referred to in paragraph (1)(b). 117.1 Sections 117.07 to 117.09 do not apply if the public officer or the individual is 10 subject to a prohibition order and acts con- trary 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 15 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 au- thorization, a licence or a registration certifi- cate, the onus is on the accused to prove that 20 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 docu- ment purporting to be an authorization, a li- 25 cence 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 certif- 30 cate is, if certified as a true copy by the Reg- istrar 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 35 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, 40 ammunition, prohibited ammunition or ex- plosive 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 45 or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of 97 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 5 court, require the attendance of the analyst for the purposes of cross-examination. (3) No certificate of an analyst may be ad- mitted in evidence unless the party intending to produce it has, before the trial, given to 10 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 15 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 20 have signed an affidavit or solemn declara- tion referred to in that subsection to appear before it for examination or cross-examina- tion in respect of the issue of proof of ser- vice. 25 117.14 (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, prohibit- ed device, prohibited ammunition, explosive 30 substance or component or part designed ex- clusively 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 pur- 35 pose 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 40 foregoing, delivering the thing to a peace officer, a firearms officer or a chief fire- arms officer, registering it, destroying it or otherwise disposing of it; or (b) permitting alterations to be made to 45 any prohibited firearm, prohibited weap- 98 on, prohibited device or prohibited ammu- nition 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 5 be. (3) No person who, during an amnesty pe- riod declared by an order made under sub- section (1) and for a purpose described in the order, does anything provided for in the or- 10 der, 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 15 person in reliance of this section are a nulli- ty. 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be 20 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 25 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 pur- poses . 30 RELATED AND CONSEQUENTIAL AMENDMENTS TO THE CRIMINAL CODE 134. 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 35 "96 (possession of weapon obtained by com- mission of offence), 99 (weapons traffick- ing), 100 (possession for purpose of weapons trafficking), 102 (making automat- ic firearm), 103 (importing or exporting 40 knowing it is unauthorized), 104 (unautho- rized importing or exporting)". 135. Section 220 of the Act is replaced by the following: 99 220. Every person who by criminal negli- gence causes death to another person is guilty of an indictable offence and liable (a) where a firearm is used in the commis- sion of the offence, to imprisonment for 5 life and to a minimum punishment of im- prisonment for a term of four years; and (b) in any other case, to imprisonment for life. [begin explanatory note] Clause 135: Section 220 reads as follows: 220. Everyone who by criminal negligence causes death to another person is guilty of an indictable offence and liable to imprisonment for life. [end explanatory note] 136. Section 236 of the Act is replaced by 10 the following: 236. Every person who commits man- slaughter is guilty of an indictable offence and liable (a) where a firearm is used in the commis- 15 sion of the offence, to imprisonment for life and to a minimum punishment of im- prisonment for a term of four years; and (b) in any other case, to imprisonment for life. 20 [begin explanatory note] Clause 136: Section 236 reads as follows: 236. Every one who commits manslaughter is guilty of an indictable offence and liable to imprisonment for life. [end explanatory note] 137. 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 in- dictable offence and liable 25 (a) where a firearm is used in the commis- sion of the offence, to imprisonment for life and to a minimum punishment of im- prisonment for a term of four years; and (b) in another case, to imprisonment for 30 life. [begin explanatory note] Clause 137: Section 239 reads as follows: 239. Everyone who attempts by any means to commit murder is guilty of an indictable offence and liable to imprisonment for life. [end explanatory note] 138. Section 244 of the Act is replaced by the following: 244. Every person who, with intent (a) to wound, maim or disfigure any per- 35 son, (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 40 or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an in- dictable offence and liable to imprisonment for a term not exceeding fourteen years and 100 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 per- son, 5 (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 per- 10 son 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. [begin explanatory note] Clause 138: Section 244.1 is new. Section 244 reads as follows: 244, Every one 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, air gun or air pistol at any person, whether or not that person is the one mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceed- ing fourteen years. [end explanatory note] 139. Section 272 of the Act is replaced by 15 the following: 272. (1) Every person commits an offence who, in committing a sexual assault, (a) carries, uses or threatens to use a weap- on or an imitation of a weapon; 20 (b) threatens to cause bodily harm to a per- son other than the complainant; (c) causes bodily harm to the complainant; or (d) is a party to the offence with any other 25 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 commis- 30 sion 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 35 a term not exceeding fourteen years. [begin explanatory note] Clause 139: Section 272 reads as follows: 272. Every one who, in committing a sexual assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, (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, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. [end explanatory note] 140. Subsection 273(2) of the Act is re- placed by the following: 101 (2) Every person who commits an aggra- vated sexual assault is guilty of an indictable offence and liable (a) where a firearm is used in the commis- sion of the offence, to imprisonment for 5 life and to a minimum punishment of im- prisonment for a term of four years; and (b) in an other case, to imprisonment for life. [begin explanatory note] Clause 140: Subsection 273(2) reads as follows: (2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and liable to imprisonment for life. [end explanatory note] 141. Subsection 279(1) of the Act is re- 10 placed 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; 15 (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. 20 (1.1) Every person who commits an of- fence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commis- sion of the offence, to imprisonment for 25 life and to a minimum punishment of im- prisonment for a term of four years; and (b) in any other case, to imprisonment for life. [begin explanatory note] Clause 141: Subsection 279(1.1) is new. Subsection 279(1) reads as follows: 279. (1) Every one who kidnaps a person with intent (a) to cause him to be confined or imprisoned against his will, (b) to cause him to be unlawfully sent or transported out of Canada against his will, or (c) to hold him for ransom or to service against his will, is guilty of an indictable offence and liable to imprisonment for life. [end explanatory note] 142. Subsection 279.1(2) of the Act is re- 30 placed by the following: (2) Every person who takes a person hos- tage is guilty of an indictable offence and liable (a) where a firearm is used in the commis- 35 sion of the offence, to imprisonment for life and to a minimum punishment of im- prisonment for a term of four years; and (b) in an other case, to imprisonment for life. 40 [begin explanatory note] Clause 142: Subsection 279.1(2) reads as follows: (2) Every one who takes a person hostage is guilty of an indictable offence and liable to a maximum term of imprisonment for life. [end explanatory note] 143. Section 344 of the Act is replaced by the following: 344. Every person who commits robbery is guilty of an indictable offence and liable 102 (a) where a firearm is used in the commis- sion of the offence, to imprisonment for life and to a minimum punishment of im- prisonment for a term of four years; and (b) in any other case, to imprisonment for 5 life. [begin explanatory note] Clause 143: Section 344 reads as follows: 344. Every one who commits robbery is guilty of an indictable of- fence and liable to imprisonment for life. [end explanatory note] 144. Subsection 346(1.1) of the Act is re- placed by the following: (1.1) Every person who commits extortion is guilty of an indictable offence and liable 10 (a) where a firearm is used in the commis- sion of the offence, to imprisonment for life and to a minimum punishment of im- prisonment for a term of four years; and (b) in any other case, to imprisonment for 15 life. [begin explanatory note] Clause 144: Subsection 346( 1.1 ) reads as follows: (1.1) Every one who commits extortion is guilty of an indictable of- fence and liable to a maximum term of imprisonment for life. [end explanatory note] 145. (1) Subparagraph (a)(i) of the defini- tion "enterprise crime offence" in section 462.3 of the Act is replaced by the follow- ing: 20 (i) subsection 99(1) (weapons traf- ficking), (i.1) subsection 100(1) (possession for purpose of weapons trafficking), (i.2) subsection 102(1) (making auto- 25 matic firearm), (i.3) subsection 103(1) (importing or exporting knowing it is unautho- rized), (i.4) subsection 104(1) (unauthorized 30 importing or exporting), (i.5) section 119 (bribery of judicial officers, etc.), (2) The portion of paragraph (b) at the definition "enterprise crime offence" in sec- 35 tion 462.3 of the Act before subparagraph (i) is replaced by the following: (b) an offence against subsection 96(1) (possession of weapon obtained by com- mission of offence) or section 354 (pos- 40 session of property obtained by crime), committed in relation to any property, thing or proceeds obtained or diverted directly or indirectly as a result of [begin explanatory note] Clause 145: (1) and (2) The relevant portion of the defi- nition "enterprise crime offence" in section 462.3 reads as follows: "enterprise crime offence" means (a) an offence against any of the following provision's, namely, (i) section 119 (bribery of judicial officers, etc.), ... (b) an offence against 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 [end explanatory note] 103 146. 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 pro- 5 hibited device, any ammunition, any pro- hibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or 10 (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohib- ited weapon, a restricted weapon, a pro- hibited device, ammunition, prohibited 15 ammunition or an explosive substance and any such thing has been seized and de- tained, the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as 20 the Attorney General directs. (2) If the court by which a determination referred to in subsection (1) is made is satis- fied that the lawful owner of any thing that is or may be forfeited to Her Majesty under 25 suhsection (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 or- der that the thing be returned to that lawful 30 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 35 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 pri- or to the sale, the lawful owner of the thing. 40 [begin explanatory note] Clause 146: Section 491 reads as follows: 491. (1) Subject to subsection (2), where it is determined by a court that a weapon or ammunition was used in the commission of an offence or that a person has committed an offence under section 91 with respect to a restricted weapon, and the weapon or ammunition has been seized and detained, the weapon or ammunition is forfeited and may be dealt with as the court that makes the determination directs. (2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of the weapon or ammunition was not a party to the offence and had no reason to believe that the weapon or ammunition would or might be used in the commission of an offence, the court shall order the weapon or ammunition returned to the lawful owner thereof or the proceeds of any sale thereof to be paid to that owner. (3) Where any weapon or ammunition 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 weapon or ammunition. [end explanatory note] 147. Subsection 515(4.1) of the Act is re- placed by the following: (4.1) When making an order under subsec- tion (2), in the case of an accused who is charged with 45 104 (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), 5 (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 10 (d) an offence that involves, or the sub- ject-matter of which is, a firearm, a cross- bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive 15 substance, the justice shall consider whether it is desira- ble, in the interests of the safety of the ac- cused or of any other person, to add to the order a condition prohibiting the accused 20 from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, pro- hibited device, ammunition, prohibited am- munition or explosive substance, or all such things, until the accused is dealt with accord- 25 ing to law and, where the justice decides that it is so desirable, the justice shall add such a condition to the order. (4.11) Where the justice adds a condition described in subsection (4.1) to an order 30 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 ac- 35 cused shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and regis- tration certificates held by the person shall be surrendered. 40 (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. 45 [begin explanatory note] Clause 147: Subsections 515(4.11) and (4.12) are new. Subsection 515(4.1) reads as follows: (4.1) Before making an order under subsection (2), in the case of an accused who is charged with an offence in the commission of which violence against a person was used, threatened or attempted or an of- fence described in section 264 of this Act, or in subsection 39(1) or (2) or 48(1) or (2) of the Food und Drugs Act or in subsection 4(1) or (2) of the Narcotic Control Act, the justice shall consider whether it is desirable, in the interests of the safety of the accused or of any other person, to include as a condition of the order that the accused be prohibited from possessing any firearm or any ammunition or explosive substance for any period of time specified in the order and that the accused surrender any firearms acquisition certificate that the accused possesses, and where the justice decides that it is not desirable, in the interests of the safety of the accused or of any other person, for the accused to possess any of those things, the justice may add the appropriate condition to the order. [end explanatory note] 105 148. Items 13 to 16 of the schedule to Patt XX.1 of the Act are replaced by the following: 13. Subsection 85(1) using firearm in commission of offence 5 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 fire- 10 arm 16. Subsection 88(1) - possession of weapon for dangerous purpose [begin explanatory note] Clause 148: Item 13.1 of the schedule to Part XX.1 is new. Items 13 to 16 of that schedule read as follows: 13. Section 85 - use of firearm during commission of offence. etc. 14. Paragraph 86(1)(a) - pointing a firearm 15. Subsection 86(2) - careless use of firearm 16. Section 87 - possession of weapon or imitation [end explanatory note] 149. Paragraph (b) of the definition "sentence" in section 673 of the Act is re- 15 placed by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsec- tton 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), section 20 725, 726 or 727.9, subsection 736(1) or section 744, and [begin explanatory note] Clause 149: The relevant portion of the definition "sentence" in section 673 reads as follows: "sentence" includes ... (b) an order made under subsection 100(1) or (2), section 161, sub- section 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 [end explanatory note] 150. Paragraph (b) of the definition "sentence" in section 785 of the Act is re- placed by the following: 25 (b) an order made under subsection 110(1) or 259(1) or (2), section 261 or subsection 736(1), and [begin explanatory note] Clause 150: The relevant portion of the definition "sentence" in section 785 reads as follows: "sentence" includes ... (b) an order made under subsection 100(2) or 259(1) or (2), section 261 or subsection 736(1), and [end explanatory note] 151. Subsection 810(3.1) of the Act is re- placed by the following: 30 (3.1) Before making an order under sub- section (3), the justice or the summary con- viction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include 35 as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, re- stricted weapon, prohibited device, ammuni- tion, prohibited ammunition or explosive 40 substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides 106 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 con- viction court adds a condition described in 5 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 10 that are in the possession of the accused shall be surrendered, disposed of, de- tained, stored or dealt with; and (b) the authorizations, licences and regis- tration certificates held by the person shall 15 be surrendered. (3.12) Where the justice or summary con- viction court does not add a condition de- scribed in subsection (3.1) to a recognizance order, the justice or summary conviction 20 court shall include in the record a statement of the reasons for not adding the condition. [begin explanatory note] Clause 151: Subsections 810(3.11) and (3.12) are new. Subsection 810(3.1) reads as follows: (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 or any ammunition or explosive substance for any period of time specified in the recognizance and that the defendant surrender any firearms acquisition certificate that the accused possesses and, where the justice or summary conviction court decides that it is not desirable, in the interests of the safety of the defendant or of any other person, for the defendant to possess any of those things, the justice or summary conviciion court may add the appropriate condition to the re- cognizance. [end explanatory note] RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS An Act to amend the Criminal Code (Offensive Weapons) 152. Section 2 of An Act to amend the Criminal Code (Offensive Weapons) is re- pealed. 25 Criminal Law Amendment Act, 1968-69 [begin explanatory note] An Act to amend the Criminal Code (Offensive Weapons) Clause 152: Section 2 reads as follows: 2. Every permit heretofore issued pursuant to any section repealed by this Act is hereby cancelled. [end explanatory note] 153. Subsection 6(2) of the Criminal Law Amendment Act, 1968-69 is repealed. Criminal Law Amendment Act, 1977 [begin explanatory note] Criminal Law Amendment Act, 1968-69 Clause 153: Subsection 6(2) reads as follows: (2) Where any firearms registration certificate or any permit in Form 42, 43, 44 or 45 or to the like or any similar effect was issued before the coming into force of this section under the authority of the Criminal Code or any other Act of the Parliament of Canada, the certificate or permit shall, on the coming into force of this section, be deemed for all purposes of the Criminal Code to have been issued under section 97 or 98, as the case may be, of the Criminal Code as enacted by this section at the time when, in fact, it was issued. [end explanatory note] 154. Subsections 4(2) and (3) of the Crim- inal Law Amendment Act, 1977 are repealed. [begin explanatory note] Criminal Law Amendment Act, 1977 Clause 154: Subsections 4(2) and (3) read as follows: (2) Where the Governor in Council, either before or after the coming into force of this section, by proclamation has declared or declares a period of time specified in the proclamation to be a firearms amnesty period, no person who, during such period, delivers a firearm or other offensive weapon to a peace officer, local registrar of firearms or fire- arms officer for registration or destruction or other disposition as provid- ed in the proclamation is, by reason only of the fact that he was in possession of such firearm or weapon prior to such delivery or by reason only of the fact that he transported such firearm or other offensive weap- on for purposes of such delivery, guilty of an offence under any of sections 83 to 106 of the Criminal Code as they read before the coming into force of section 3 of this Act or of an offence under Part II.1 of the Criminal Code as enacted by section 3 of this Act. (3) Any proceedings taken under any of sections 83 to 106 of the Criminal Code before the coming into force of this section against any person for any action taken by him in reliance on sub-section (2) follow- ing any proclamation referred to therein are null and void. [end explanatory note] 155. Section 48 of the Act is repealed. 30 [begin explanatory note] Clause 155: Section 48 reads as follows: 48. (1) A permit issued under section 97 of the Criminal Code remains in force until the expiration of the period for which it is expressed to be issued unless the permit is sooner revoked in the manner provided by section 106.4 of the Criminal Code, as enacted by section 3 of this Act, which, by virtue of this subsection, applies to such permits as if they had been issued under section 106.2 of the Criminal Code, as enacted by section 3 of this Act. (2) A registration certificate issued under section 98 of the Criminal code remains in force as if it had been issued under section 106.1 of the Criminal Code, as enacted by section 3 of this Act and section 106.4 of the Criminal Code as so enacted applies thereto as if the registration Certificate had been issued under the said section 106.1. [end explanatory note] An Act to amend the Criminal Code and the Customs Tariff in consequence thereof 156. Section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof is repealed. [begin explanatory note] An Act to amend the Criminal Code and the Customs Tariff in consequence thereof Clause 156: Section 34 reads as follows: 34. Notwithstanding subsection 48(1) of the Criminal Law Amend- ment Act, 1911, a permit issued under subsection 110(5) of the Criminal Code or under section 97 of the Criminal Code, as that section read immediately before the coming into force of section 3 of the Criminal Law Amendment Act, 1911, other than a permit that is expressed to be issued for a specified period, ceases to be in force or have any effect on the he day that is ninety days after the date of the coming into force of this section, unless the permit is revoked before that day. [end explanatory note] 107 157. Subsection 86(2) of the Criminal Code, as enacted by section 3 of the Act, is repealed. [begin explanatory note] Clause 157: Subsection 86(2) of the Criminal Code, as enacted by section 3 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, reads as follows: (2) Every person who uses, carries, handles, ships or stores any fire- arm or ammunition in a manner that shows wanton or reckless disregard for the lives or safety of other persons (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. [end explanatory note] 158. Subsection 105(4) of the Criminal Code, as enacted by subsection 39(4) of the 5 Act, is repealed. [begin explanatory note] Clause 158: Subsection 105(4) of the Criminal Code, as enacted by subsection 39(4) of An Act to amend the Crimi- nal Code and the Customs Tariff in consequence thereof, reads as follows: (4) No person shall carry on a business described in paragraph (1)(a) or (b) unless the person holds a permit to carry on that business. [end explanatory note] Corrections and Conditional Release Act 159. 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 10 commission of offence); (b.1) subsection 85(2) (using imitation firearm in commission of offence); [begin explanatory note] Corrections and Conditional Release Act Clause 159: The relevant portion of section 1 of Sched- ule I reads as follows: 1. An offence under any of the following provisions of the Criminal Code: ... (b) section 85 (use of firearm during commission of offence); [end explanatory note] Criminal Records Act 160. The definition "sentence" in subsec- tion 2(1) of the Criminal Records Act is re- 15 placed 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 20 National Defence Act. [begin explanatory note] Criminal Records Act Clause 160: The definition "sentence" in subsection 2(1) reads as follows: "sentence" has the same meaning as in the Criminal Code, but does not include an order made under section 100 or 259 of that Act. [end explanatory note] 161. Paragraph 5(b) of the Act is re- placed by the following: (b) unless the pardon is subsequently re- voked or ceases to have effect, vacates the 25 conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualifica- tion to which the person so convicted is, by reason of the conviction, subject by vir- 30 tue of the provisions of any Act of Parlia- ment, other than section 109, 110 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regu- lation made under an Act of Parliament. 35 [begin explanatory note] Clause 161: The relevant portion of section 5 reads as follows: 5. The pardon ... (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 disqualifica- tion 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 100 or 259 of the Criminal Code, or of a regulation made under an Act of Parliament. [end explanatory note] 108 162. 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 5 Criminal Code; (b) "automatic firearm", "licence", "pro- hibited ammunition", "prohibited device", "prohibited firearm", "prohibited weap- on", "restricted firearm" and "restricted 10 weapon" have the meanings assigned by subsection 84(1) of the Criminal Code; (c) "public officer" has the meaning as- signed by subsection 117.07(2) of the Criminal Code; 15 (d) "business", "carrier" and "non-resi- dent" have the meanings assigned by sub- section 2(1) of the Firearms Act; and (e) "visiting force" has the meaning as- signed by section 2 of the Visiting Forces 20 Act. 2. Firearms, prohibited weapons, restrict- ed weapons, prohibited devices, prohibited ammunition and components or parts de- signed exclusively for use in the manufac- 25 ture 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 30 public officer's duties or employment, or (ii) an individual on behalf of and under the authority of a police force, the Cana- dian Forces, a visiting force or a depart- 35 ment 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 42, 45 40 and 46 of the Firearms Act; 109 (c) prohibited goods, or any class of pro- hibited goods, that, pursuant to regulations made by the Governor in Council, are ex- empted from the provisions of this code; (d) any weapon that, pursuant to subsec- tion 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 ihe re- quirements of section 34 of the Fire- arms Act, or (ii) an individual who holds a licence and who meets the requirements of paragraphs 39(1)(a) and (c) of that Act and, where the firearm was exported in accordance with section 37, paragraph 39(1)(b) of that Act; (g) any prohibited firearm imported by an individual who holds a licence and who meets the requirements of paragraphs 39(1)(a) and (b) and subsection 39(4) of the Firearms Act; (h) 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 pur- suant to section 8 of the Export and Import Permits Act; (i) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and (j) arms, military stores, munitions of war, or classes thereof, that, pursuant to regula- tions made by the Governor in Council, are exempted from the provisions of this code. [begin explanatory note] Customs Tariff Clause 162: Code 9965 of Schedule VII reads as fol- lows: 9965. Offensive weapons as defined in the Criminal Code, or parts, components, accessories, ammunition or large-capacity cartridge magazines defined as "prohibited weapons" for the purposes of Part III of that Act, but this code does not affect in any manner: (a) arms, ammunition, implements or munitions of war, army, naval or air stores, and any articles deemed capable of being converted therein- to or made useful in the production thereof, imported with a permit issued pursuant to section 8 of the Export and Import Permit Act; (b) restricted weapons as defined for the purposes of Part III of the Criminal Code imported by (i) a person who is not a resident of Canada and who holds a permit issued under subsection 110(2.1) or (3) of that Act, or (ii) a person who is a resident of Canada and who holds a permit issued under subsection 110(3) of that Act or a firearms acquisition certificate as defined for the purposes of that Part and a permit issued under subsection 110(4) of that Act; (c) firearms, other than prohibited or restricted weapons as defined for the purposes of Part III of the Criminal Code imported by (i) a person who is not a resident of Canada, (ii) a person who is a resident of Canada, who acquired the firearms outside Canada and who holds a firearms acquisition cenificate as defined for the purposes of that Part, or (iii) a person who is a resident of Canada and who did not acquire the firearm outside Canada; (d) firearms, other than prohibited weapons as defined for the purposes of Part III of the Criminal Code, and ammunition imported by a person holding a permit issued to that person under subsection 110(5) of that Act, under which that person is authorized to carry on a business; (e) offensive weapons imported by a person referred to in section 98 of the Criminal Code; (f) barrelled weapons that are deemed by subsection 84(2) of the Crim- inal Code, for the purposes of certain provisions of that Act enumerat- ed in that subsection, not to be firearms; (g) arms, military stores and munitions of war eligible for entry under tariff item No. 9810.00.00 or 9811.00.00: (h) arms, military stores, munitions of war or offensive weapons ex- empted from the provisions of this code in accordance with the regula- tions that the Governor in Council may make in any case or class of cases; or (i) prohibited weapons described in paragraph (f) of the definition of that expression in subsection 84(1) of the Criminal Code imported by (i) a person who carries on a business described in paragraph 105(1)(a) of the Criminal Code and imports on behalf of a person to whom subsection 90(3.2) of the Criminal Code applies, (ii) a person who carries on a business described in paragraph 105(1)(b) of the Criminal Code and is designated by the Attorney General of a province under subsection 90(3.1) of the Criminal Code, or (iii) a person who is authorized in writing by a local registrar of firearms under paragraph 90(3.2)(a) of the Criminal Code and im- ports a weapon in which the authorization applies for personal use in shooting competitions designated under that paragraph. [end explanatory note] Explosives Act 163. Section 29 of the Explosives Act is replaced by the following: 110 29. Nothing in this Act relieves any per- son of the obligation to comply with the re- quirements of any Act of Parliament relating to explosives or the requirements of any li- cense law, or other law or by-law of any 5 province or municipality, lawfully enacted in relation to explosives, especially require- ments in relation to the possession, storage, handling, sale or transportation of explo- sives, or of any liability or punishment im- 10 posed for any contravention thereof. [begin explanatory note] Explosives Act Clause 163: Section 29 reads as follows: 29. Nothing in this Act relieves any person of the obligation to com- ply with the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially in relation to the possession, storage, handling, sale or trans- portation thereof, or of any liability or punishment imposed by that law or by-law for any contravention thereof. [end explanatory note] Export and Import Permits Act 164. Section 4.1 of the Export and Import Permits Act is replaced by the following: 4.1 The Governor in Council may estab- lish a list of countries, to be called an Auto- 15 matic Firearms Country Control List, including therein only countries with which Canada has an intergovernmental defence, research, development and production ar- rangement and to which the Governor in 20 Council deems it appropriate to permit the export of (a) a prohibited firearm described in para- graph (c) or (d) of the definition "prohibit- ed firearm" in subsection 84(1) of the 25 Criminal Code, (b) a prohibited weapon described in para- graph (b) of the definition "prohibited weapon" in subsection 84(1) of the Crimi- nal Code, or 30 (c) a prohibited device described in para- graph (a) or (d) of the definition "prohibit- ed device" in subsection 84(1) of the Criminal Code, or any component or part of any such thing, 35 that is included in an Export Control List. [begin explanatory note] Export and Import Permits Act Clause 164: Section 4. 1 reads as follows: 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 prohibited weapon described in paragraph (c) or (e) of the definition prohibited weapon" in subsection 84(1) of the Criminal Code, or com- ponents or parts thereof, that is included in an Export Control List. [end explanatory note] 165. 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 40 under subsection (1) to export any thing re- ferred to in any of paragraphs 4.1(a) to (c) or any component or part of such a thing 111 that is included in an Export Control List unless [begin explanatory note] Clause 165: The relevant portion of subsection 7(2) reads as follows: (2) The Minister may not issue a permit under subsection (1) to export prohibited weapon described in paragraph (c) or (e) of the definition "prohibited weapon" in subsection 84(1) of the Criminal Code, or any component or part thereof, that is included in an Export Control List unless [end explanatory note] 166. Subsection 15(2) of the Act is re- placed by the following: (2) No person shall knowingly do anything 5 in Canada that causes or assists or is intend- ed to cause or assist any shipment, tranship- ment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any com- ponent or part designed exclusively for as- 10 sembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not includ- ed in an Automatic Firearms Country Con- trol List 15 [begin explanatory note] Clause 166: Subsection 15(2) reads as follows: (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 prohibited weapon described in paragraph (c) or (e) of definition "prohibited weapon" in subsection 84(1) of the Criminal Code, or any component or part designed exclusively for assembly into such a prohibited weapon, that is included in an Export Control List, Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List. [end explanatory note] Interpretation Act 167. Subsection 35(1) of the Interpreta- tion Act is amended by adding the following in alphabetical order: "territory" means the Yukon Territory, the Northwest Territories and, after section 3 20 of the Nunavut Act comes into force, Nunavut; [begin explanatory note] Interpretation Act Clause 167: New. [end explanatory note] National Defence Act 168. (1) Section 2 of the National Defence Act is renumbered as subsection 2(1). (2) The definition "possession" in subsec- 25 tion 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 Ser- vice Discipline and Part XII, 30 (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 35 (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 112 (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in the person's custo- dy or possession, it shall be deemed to be in the custody and possession of each 5 and all of them. [begin explanatory note] National Defence Act Clause 168: (2) The definition "possession" in section 2 reads as follows: "possession" by any person, for the purpose of the Code of Service discipline and Part XII, includes (a) having in his personal possession, (b) knowingly having in the actual possession or custody of another person, or (c) knowingly having in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; (3) New. [end explanatory note] 169. 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 10 (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 prohib- 15 ited weapon, a restricted weapon, a pro- hibited device, any ammunition, any prohibited ammunition or an explosive substance, (c) relating to the contravention of subsec- 20 tion 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 25 109(1)(b) of the Criminal Code, the court martial shall, in addition to any oth- er punishment that may be imposed for that offence, consider whether it is desirable, in the interests of the safety of the person or of 30 any other person, to make an order prohibit- ing the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, pro- hibited ammunition or explosive substance, 35 or all such things, and where the court mar- tial 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 40 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 posses- sion of any thing in the course of the per- 45 113 son'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 5 under section 80 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 10 made to surrender to an officer or non-com- missioned member appointed under the regu- lations for the purposes of section 156, or to the person's commanding officer, (a) any thing the possession of which is 15 prohibited by the order that is in the pos- session of the person on the commence- ment of the order, and (b) every authorization, licence and regis- tration certificate relating to any thing the 20 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 25 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 sub- section 147.1(1) specifies otherwise, every 30 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. 35 (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 re- gistration certificate relating to any thing the 40 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, re- voked, or amended, as the case may be, to 45 the extent of the prohibitions in the order. 147.5 Where the Minister is, on applica- tion for an order under this section, satisfied 114 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 subsec- 5 tion 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 10 of which the order was made, the Minister shall order that the thing be re- turned 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 15 equal to the value of the thing be paid to the owner. [begin explanatory note] Clause 169: New. [end explanatory note] Young Offenders Act 170. The definition "disposition" in sub- section 2(1) of the Young Offenders Act is replaced by the following: 20 "disposition" means a disposition made under any of sections 20, 20.1 and 28 to 32, and includes a confirmation or a varia- tion of a disposition; [begin explanatory note] Young Offenders Act Clause 170: The definition "disposition" in subsection 2(1) reads as follows: "disposition" means a disposition made under section 2O or sections 28 to 32 and includes a confirmation or a variation of a disposition; [end explanatory note] 171. Paragraph 20(1)(h) of the Act is re- 25 placed 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 Parlia- ment or any regulation made thereunder 30 where an accused is found guilty or con- victed of that offence; [begin explanatory note] Clause 171: The relevant portion of subsection 20(1) reads as follows: 20.(1) Where a youth court finds a young person guilty of an offence, it shall consider any pre-disposition report required by the court, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person and any other relevant information before the court, and the court shall then make any one of the following dispositions, other than the disposition referred to in para- graph (k.1), or any number thereof that are not inconsistent with each other, and where the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall make the disposition referred to in paragraph (k.1) and may make such other disposition as the court considers appropriate: ... (h) make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made thereun- der where an accused is found guilty or convicted of that offence; [end explanatory note] 172. The Act is amended by adding the following after section 20: 20.1 ( 1 ) Notwithstanding subsection 35 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), 40 make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, pro- hibited device, ammunition, prohibited am- munition and explosive substance during the 45 115 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 5 young person's release from custody after being found guilty of the offence or, if the young person is not then in custody or sub- ject to custody, after the time the young per- son is found guilty of or discharged from the 10 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 15 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 20 possessing any firearm, cross-bow, prohibit- ed weapon, restricted weapon, prohibited de- vice, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desira- 25 ble, 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 re- 30 lease 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 subsections (2) and (4), "release 35 from custody" means a release from custody in accordance with this Act, other than a re- lease from custody under subsection 35(1), and includes the commencement of condition- al supervision or probation. 40 (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 45 of the order, and 116 (b) on request, provide or cause to be pro- vided 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 5 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 every- 10 thing 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 15 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 re- quire the provincial director to cause to be 20 prepared, and to submit to the youth court, a report on the young person. [begin explanatory note] Clause 172: New. [end explanatory note] 173. Paragraph 26.2(2)(g) of the Act is replaced by the following: (g) not own, possess or have the control of 25 any weapon, ammunition, prohibited am- munition, prohibited device or explosive substance, except as authorized by the or- der; and [begin explanatory note] Clause 173: The relevant portion of subsection 26.2(2) reads as follows: (2) in setting conditions for the purposes of subsection (1), the youth court shall include in the order the following conditions, namely, that the young person ... (g) not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the order; and [end explanatory note] 174. Subsection 32(1) of the Act is re- 30 placed by the following: 32. (1) Where a youth court has made a disposition in respect of a young person, oth- er than a disposition under paragraph 20(1)(k) or (k.1) or section 20.1, the youth 35 court shall, on the application of the young person, the young person's parents, the At- torney General or the Attorney General's agent or the provincial director, made at any time after six months from the date of the 40 disposition or, with leave of a youth court judge, at any earlier time, review the disposi- tion if the court is satisfied that there are grounds for a review under subsection (2). [begin explanatory note] Clause 174: Subsection 32(1) reads as follows: 32. (1) Where a youth court has made a disposition in respect of a young person, other than or in addition to a disposition under paragraph 20(1)(k), and other than a disposition under paragraph 2O(i)(k.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). [end explanatory note] 175. The Act is amended by adding the 45 following after section 32: 117 33. (1) A youth court or other court may, on application, review an order made under section 20.1 at any time after the circum- stances set out in subsection 45(1) are real- ized in respect of any record in relation to the 5 offence that resulted in the order being made- (2) In conducting a review under this sec- tion, the youth court or other court shall take into account (a) the nature and circumstances of the of- 10 fence 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 15 conducts a review under this section, it may, after affording the young person, one of the young person's parents, the Attorney Gener- al or an agent of the Attorney General and the provincial director an opportunity to be 20 heard, (a) confirm the order; (b) revoke the order; or (c) vary the order as it considers appropri- ate in the circumstances of the case. 25 (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 re- 30 quire, in respect of a review under this sec- tion. [begin explanatory note] Clause 175: New. [end explanatory note] 176. (1) Paragraph 36(1)(b) of the Act is replaced by the following: (b) all the dispositions made under subsec- 35 tion 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: 40 shall contain any question that by its terms requires the applicant to disclose that the ap- plicant has been charged with or found guilty of an offence in respect of which the appli- 118 cant has, under this Act, been discharged ab- solutely or has completed all the dispositions made under subsection 20(1). [begin explanatory note] Clause 176: ( 1 ) The relevant portion of subsection 36(1) reads as follows: 36. (1) Subject to section 12 of the Canada Evidence Act, where a young person is found guilty of an offence, and ... (b) all the dispositions made under this Act in respect of the offence have ceased to have effect, the young person shall be deemed not to have been found guilty or convicted of the offence except that (2) The relevant portion of subsection 36(3) reads as follows: (3) No application form for or relating to ... shall contain any question that by its terms requires the applicant to disclose that he has been charged with or found guilty of an offence in respect of which he has, under this Act, been discharged absolutely or has completed all the dispositions. [end explanatory note] 177. Subsection 38(1.1) of the Act is re- placed by the following: 5 (1.1) Subsection (1) does not apply in re- spect 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 Fire- arms Act and Part III of the Criminal Code 10 where it is not the purpose of the disclosure to make the information known in the com- munity. [begin explanatory note] Clause 177: Subsection 38(1 .1) reads as follows: (1.1) Subsection (1) does not apply in respect of the disclosure of information in the course of the administration of justice where it is not the purpose of the disclosure to make the information known in the community. [end explanatory note] 178. Section 40 of the Act is amended by 15 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, 20 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 subsec- tion (3) may be disclosed only to establish 25 the existence of the order in any offence in- volving a breach of the order. [begin explanatory note] Clause 178: New. [end explanatory note] 179. Subsection 44.1 of the Act is amended by adding the following after par- agraph (i): 30 (i.1) to any person for the purposes of the Firearms Act; [begin explanatory note] Clause 179: New. [end explanatory note] 180. Section 45 of the Act is amended by adding the following after subsection (5): (5.1) For the purposes of this Act, orders 35 made under section 20.1 shall not be taken into account in determining any time period referred to in subsection (1). [begin explanatory note] Clause 180: New. [end explanatory note] 119 CONDITIONAL AMENDMENTS 181. If Bill C-7, introduced during the first session of the thirty-firth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other sub- stances and to amend certain other Acts and 5 repeal the Narcotic Control Act in conse- quence thereof, is assented to, then, (a) on the later of the day on which sec- tions 6 and 7 of that Act come into force and the day on which paragraph 10 109(1)(c) of the Criminal Code, as enacted by section 133 of this Act, comes into force, paragraph 109(1)(c) of the Crimi- nal Code is replaced by the following: (c) an offence relating to the contravention 15 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 sec- tions 6 and 7 of that Act come into force 20 and the day on which paragraph 515(4.1)(c) of the Criminal Code, as en- acted by section 147 of this Act, comes into force, paragraph 515(4.1)(c) of the Criminal Code is replaced by the follow- 25 ing: (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 30 (c) on the later of the day on which sec- tions 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 169 of this Act, comes 35 into force, paragraph 147.1(1)(c) of the National Defence Act is replaced by the following: 120 (c) relating to the contravention of subsec- tion 6(1) or (2) or 7(1) or (2) of the Con- trolled Drugs and Substances Act, or 182. If Bill C-37, introduced during the first session of the thirty-firth Parliament 5 and entitled An Act to amend the Young Of- fenders Act and the Criminal Code, is as- sented to, then, (a) on the later of the day on which sec- tion 26 of that Act comes into force and 10 the day on which section 172 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 subsec- 15 tion 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 sub- section 31(3) of that Act comes into force 20 and the day on which section 178 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 25 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 30 of section 231 of the Criminal Code, (b) an offence referred to in the schedule, or (c) an order made under section 20.1, shall, when the circumstances set out in sub- 35 section (1) are realized in respect of the records, be transferred to that special records repository. 121 (c) on the later of the day on which sec- tion 32 of that Act comes into force and the day on which section 178 of this Act comes into force, section 45.03 of the Young Offenders Act is amended by ad- 5 ding 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 expira- tion of the order and shall be destroyed forth- 10 with at that time. (d) on the later of the day on which sec- tion 32 of that Act comes into force and the day on which section 178 of this Act comes into force, subsection 45.02(4) of 15 the Young Offenders Act is amended by adding the following after paragraph (c) : (c.1) to establish the existence of the order in any offence involving a breach of the order; 20 (c.2) for the purposes of the Firearms Act; (e) on the later of the day on which sec- tion 36 of that Act comes into force and the day on which subsection 85(1) of the Criminal Code, as enacted by section 133 25 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) 30 183. 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 conse- quence thereof, is assented to, then, 35 (a) on the later of the day on which sub- section 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 40 149 of this Act, comes into force, para- graph (b) of the definition "sentence" in 122 section 673 of the Criminal Code is re- placed by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsec- tion 194( 1 ) or 259( 1 ) or (2), section 261 5 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 sub- section 5(2) of that Act comes into force 10 and the day on which paragraph (b) of the definition "sentence" in section 673 of the Criminal Code, as enacted by section 149 of this Act, comes into force, para- graph (b) of the definition "sentence" in 15 section 673 of the Criminal Code is re- placed by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsec- tion 194(1) or 259(1) or (2), section 261 20 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 25 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 133 of this Act, comes into force after the day on 30 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 35 730"; (e) if subsection 110(1) of the Criminal Code, as enacted by section 133 of this Act, comes into force after the day on which section 730 of the Criminal Code, as 40 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 45 123 (f) if subsection 113(4) of the Criminal Code, as enacted by section 133 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 5 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)". 184. If Bill C-45, introduced during the 10 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 15 Offenders Act, is assented to, then, (a) on the later of the day on which sec- tion 74 of that Act comes into force and the day on which section 169 of this Act comes into force, the definition 20 "sentence" in subsection 2(1) of the Crimi- nal Records Act is replaced by the follow- ing: "sentence" has the same meaning as in the Criminal Code, but does not include an 25 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 sec- tion 75 of that Act comes into force and 30 the day on which section 169 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 re- 35 voked 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 disqualifica- tion to which the person so convicted is, 40 by reason of the conviction, subject by vir- tue of the provisions of any Act of Parlia- ment, other than section 109, 110, 161 or 259 of the Criminal Code or subsection 124 147.1 ( 1 ) of the National Defence Act, or of a regulation made under an Act of Parlia- ment. 185. If section 133 comes into force before section 27 of Schedule III to the 5 Nunavut Act comes into force, then, on the day on which section 133 comes into force, section 27 of Schedule III to the Nunavut Act is repealed. COMING INTO FORCE 186. This Act or any of its provisions or 10 any provision of any other Act enacted or amended by this Act, other than sections 130, 131 and 167, shall come into force on a day or days to be fixed by order of the Gov- ernor in Council. 15 TABLE OF PROVISIONS AN ACT RESPECTING FIREARMS AND OTHER WEAPONS SHORT TITLE 1. Short title INTERPRETATION 2. Definitions HER MAJESTY 3. Binding on Her Majesty PURPOSE 4. Purpose AUTHORIZED POSSESSION Eligibility to Hold Licences General Rules 5. Public safety 6. Court orders 7. Successful completion of safety course Special Cases - Persons 8. Minors 9. Businesses 10. Carriers Special Cases - Prohibited Firearms, Weapons, Devices and Ammunition 11. Prohibited firearms, weapons, devices and ammunition - businesses 12. Prohibited firearms - individuals Registration Certificates 13. Registration certificate 14. Serial number 15. Exempted firearms 16. Only one person per registration certificate AUTHORIZED TRANSPORTATION OF FIREARMS 17. Places where prohibited and restricted firearms may be possessed 18. Transporting and using prohibited and restricted firearms 19. Carrying restricted firearms and pre-February 14, 1995 handguns ii AUTHORIZED TRANSFERS AND LENDING General Provisions 20. Definition of "transfer" 21. Mental disorder, etc. Authorized Transfers 22. Authorization to transfer firearms 23. Authorization to transfer prohibited weapons, devices and ammunition 24. Authorization to transfer ammunition to individuals 25. Authorization to transfer firearms to the Crown and to the police 26. Chief firearms officer 27. Permitted purposes 28. Shooting clubs and shooting ranges 29. Gun collectors 30. Registrar 31. Mail-order transfers of firearms Authorized Lending 32. Authorization to lend 33. Authorization to lend firearms, etc., to the Crown and to the police AUTHORIZED EXPORTATION AND IMPORTATION Individuals 34. Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms 35. Temporary licence and registration certificate 36. Authorization for non-residents who do not hold a licence to export firearms that are not prohibited firearms 37. Authorization for individuals who hold a licence to export firearms 38. Authorization for individuals to export replica firearms 39. Authorization for individuals who hold a licence to import firearms 40. Temporary registration certificate 41. Notification of Registrar Businesses 42. Authorization for businesses to import or export 43. Authorization to export 44. Authorization to be produced 45. Authorization to import iii 46. Authorization to be produced 47. Temporary registration certificate 48. Separate authorization 49. Notification of Registrar 50. Notification of Minister responsible for the Export and Import Permits Act 51. Only at designated customs offices LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS Applications 52. Applications 53. Further information Issuance 54. Licences 55. Authorizations to carry or transport 56. Conditions 57. Different registered owner 58. Issuance of registration certificate 59. Form 60. Not transferable 61. Geographical extent Term 62. Term of licences 63. Term of authorizations 64. Term of registration certificates 65. Renewal Refusal to Issue and Revocation 66. Licences and authorizations 67. Registration certificates 68. Revocation of licence or authorization 69. Revocation of registration certificate 70. Notice of refusal to issue or revocation International and Interprovincial Carriers 71. International and interprovincial carriers References to Provincial Court Judge 72. Reference to judge of refusal to issue or revocation, etc. 73. Hearing of reference 74. Decision by provincial court judge iv Appeals to Superior Court and Court of Appeal 75. Appeal to superior court 76. Notice of appeal 77. Disposition of appeal 78. Appeal to court of appeal 79. Application of Part XXVII of the Criminal Code CANADIAN FIREARMS REGISTRATION SYSTEM Registrar of Firearms 80. Appointment of Registrar of Firearms Records of the Registrar 81. Canadian Firearms Registry 82. Destruction of records 83. Other records of Registrar 84. Records to be transferred Records of Chief Firearms Officers 85. Records of chief firearms officers 86. Reporting of loss, finding, theft and destruction of firearms Reporting of Prohibitton Orders 87. Reporting of prohibition orders Access to Records 88. Right of access Electronic Filing 89. Electronic filing 9O. Records of Registrar Reports 91. Report to Solicitor General 92. Information to be submitted to Registrar GENERAL Agreements with Provinces 93. Agreements with provinces Other Matters 94. Other obligations not affected 95. Exemptions DELEGATION 96. Designated officers may perform functions of chief firearms officers v 97. Designated officers may perform functions of Registrar INSPECTION 98. Definition of "police officer" 99. Inspection 100. Duty to assist police officers 101. Warrant required to enter dwelling-house OFFENCES 102. False statements to procure licences, etc. 103. Tampering with licences, etc. 104. Unauthorized possession of ammunition 105. Punishment 106. Contravention of conditions of licences, etc. 107. Punishment 108. Failure to deliver up revoked licence, etc. l09. Attorney General of Canada may act REGULATIONS 110. Regulations 111. Laying of proposed regulations 112. Exception TRANSITIONAL PROVISIONS Licences 113. Firearms acquisition certificates 114. Minors' permits 115. Museum approvals 116. Permits to carry on business 117. Geographical extent 118. Expiration 119. Industrial purpose designations 120. Pending applications Registration Certificates 121. Registration certificates 122. Pending applications Authorized Transportation of Firearms 123. Permit to carry 124. Temporary permit to carry 125. Permit to transport or convey 126. Expiration 127. Pending applications vi 128. Shooting club approvals 129. Temporary storage permit CONDITIONAL AMENDMENTS TO THIS ACT 130. Conditional amendment re Bill C-7 131. Conditional amendments re Bill C-41 AMENDMENTS TO THE CRIMINAL CODE 132. Amendments to section 2 of the Criminal Code 133. Amendments to Part III of the Criminal Code PART III FIREARMS AND OTHER WEAPONS Interpretation 84. Definitions Use Offences 85. Using firearm in commission of offence 86. Careless use of firearm, etc. 87. Pointing a firearm Possession Offences 88. Possession of weapon for dangerous purpose 89. Carrying weapon while attending public meeting 90. Carrying concealed weapon 91. Unauthorized possession of firearm 92. Possession of firearm knowing its possession is unauthorized 93. Possession at unauthorized place 94. Unauthorized possession in motor vehicle 95. Possession of prohibited or restricted firearm with ammunition 96. Possession of weapon obtained by commission of offence 97. Sale of cross-bow to person without licence 98. Transitional - licences Trafficking Offences 99. Weapons trafficking 100. Possession for purpose of weapons trafficking 101. Transfer without authority vii Assembling Offence 102. Making automatic firearm Export and Import Offences 103. Importing or exporting knowing it is unauthorized 104. Unauthorized importing or exporting Offences relating to Lost, Destroyed or Defaced Weapons, etc. 105. Losing or finding 106. Destroying 107. False statements 108. Tampering with serial numher Prohibition Orders 109. Mandatory prohibition order 110. Discretionary prohibition order 111. Application for prohibition order 112. Revocation of prohibition order under s.111(5) 113. Lifting of prohibition order for sustenance or employment 114. Requirement to surrender 115. Forfeiture 116. Authorizations revoked or amended 117. Return to owner 117.01 Possession contrary to order Search and Seizure l17.02 Search and seizure without warrant where offence committed 117.03 Seizure on failure to produce authorization 117.04 Application for warrant to search and seize 117.05 Application for disposition 117.06 Where no finding or application Exempted Persons 117.07 Public officers 117.08 Individuals acting for police force, Canadian forces and visiting forces 117.09 Employees of person with licence 117.1 Restriction General 117.11 Onus on the accused 117.12 Authorizations, etc., as evidence viii 117.13 Certificate of analyst 117.14 Amnesty period 117.15 Regulations RELATED AND CONSEQUENTIAL AMENDMENTS TO THE CRIMINAL CODE 134 to 151. Consequential amendments to the Criminal Code RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 152. An Act to amend the Criminal Code (Offensive Weapons) 153. Criminal Law Amendment Act, 1968-69 154 and 155. Criminal Law Amendment Act. 1977 156 to 158. An Act to amend the Criminal Code and the Customs Tariff in consequence thereof 159. Corrections and Conditional Release Act 160 and 161. Criminal Records Act 162. Customs Tariff 163. Explosives Act 164 to 166. Export and Import Permits Act 167. Interpretation Act 168 and 169. National Defence Act 170 to 180. Young Offenders Act CONDITIONAL AMENDMENTS 181. Bill C-7 182. Bill C-37 183. Bill C-41 184. Bill C-45 185. Nunavut Act COMING INTO FORCE 186. Coming into force