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| Definition of
``transfer''
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21. For the purposes of sections 22 to 32,
``transfer'' means sell, barter or give.
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| Mental
disorder, etc.
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22. A person may transfer or lend a firearm
to an individual only if the person has no
reason to believe that the individual
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(a) has a mental illness that makes it
desirable, in the interests of the safety of
that individual or any other person, that the
individual not possess a firearm; or
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(b) is impaired by alcohol or a drug.
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| Authorization
to transfer
firearms
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23. A person may transfer a firearm if, at the
time of the transfer,
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(a) the transferee produces to the person a
document that purports to be a licence
authorizing the transferee to acquire and
possess that kind of firearm;
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(i) has no reason to believe that the
transferee is not authorized by the
document to acquire and possess that
kind of firearm, and
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(ii) informs a chief firearms officer of the
transfer and obtains the authorization of
the chief firearms officer for the transfer;
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(c) the transferee holds a licence
authorizing the transferee to acquire and
possess that kind of firearm;
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(d) a new registration certificate for the
firearm is issued in accordance with this
Act; and
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(e) the prescribed conditions are complied
with.
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| Authorization
to transfer
prohibited
weapons,
devices and
ammunition
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24. (1) Subject to section 26, a person may
transfer a prohibited weapon, prohibited
device or prohibited ammunition only to a
business.
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| Conditions
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(2) A person may transfer a prohibited
weapon, prohibited device, ammunition or
prohibited ammunition to a business only if
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(a) the business holds a licence authorizing
the business to acquire and possess
prohibited weapons, prohibited devices,
ammunition or prohibited ammunition, as
the case may be;
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(b) the business produces to the person a
document that purports to be a licence
authorizing the business to acquire and
possess prohibited weapons, prohibited
devices, ammunition or prohibited
ammunition, as the case may be;
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(i) has no reason to believe that the
business is not authorized by the
document to acquire and possess
prohibited weapons, prohibited devices,
ammunition or prohibited ammunition,
as the case may be, and
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(ii) informs a chief firearms officer of the
transfer and obtains the authorization of
the chief firearms officer for the transfer;
and
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(d) the prescribed conditions are complied
with.
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| Authorization
to transfer
ammunition
to individuals
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25. A person may transfer ammunition that
is not prohibited ammunition to an individual
only if the individual
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(a) until January 1, 2001, holds a licence
authorizing him or her to possess firearms
or a prescribed document; or
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(b) after January 1, 2001, holds a licence
authorizing him or her to possess firearms.
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| Authorization
to transfer
firearms to the
Crown and to
the police
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26. (1) A person may transfer a firearm to
Her Majesty in right of Canada or a province
or to a police force if the person informs the
Registrar of the transfer and complies with the
prescribed conditions.
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| Authorization
to transfer
prohibited
weapons, etc.,
to the Crown
and to the
police
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(2) A person may transfer a prohibited
weapon, restricted weapon, prohibited device,
ammunition or prohibited ammunition to Her
Majesty in right of Canada or a province or to
a police force if the person informs a chief
firearms officer of the transfer and complies
with the prescribed conditions.
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| Chief firearms
officer
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27. On being informed of a proposed
transfer of a firearm under section 23, of a
proposed transfer of a firearm, prohibited
weapon, prohibited device, ammunition or
prohibited ammunition to a business under
section 24 or of a proposed importation of a
firearm that is not a prohibited firearm by an
individual under paragraph 40(1)(c), a chief
firearms officer shall
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(i) whether the transferee or individual
holds a licence,
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(ii) whether the transferee or individual is
still eligible to hold that licence, and
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(iii) whether the licence authorizes the
transferee or individual to acquire that
kind of firearm or to acquire prohibited
weapons, prohibited devices,
ammunition or prohibited ammunition,
as the case may be;
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(i) a proposed transfer of a restricted
firearm or a handgun referred to in
subsection 12(6) (pre-February 14, 1995
handguns), or
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(ii) a proposed importation of a restricted
firearm,
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verify the purpose for which the transferee
or individual wishes to acquire the
restricted firearm or handgun and
determine whether the particular restricted
firearm or handgun is appropriate for that
purpose;
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(c) decide whether to approve the transfer or
importation and inform the Registrar of that
decision; and
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(d) take the prescribed measures.
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| Permitted
purposes
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28. A chief firearms officer may approve
the transfer to an individual of a restricted
firearm or a handgun referred to in subsection
12(6) (pre-February 14, 1995 handguns) or the
importation by an individual of a restricted
firearm under paragraph 40(1)(c) only if the
chief firearms officer is satisfied
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(a) that the individual needs the restricted
firearm or handgun
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(i) to protect the life of that individual or
of other individuals, or
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(ii) for use in connection with his or her
lawful profession or occupation; or
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(b) that the purpose for which the individual
wishes to acquire the restricted firearm or
handgun is
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(i) for use in target practice, or a target
shooting competition, under conditions
specified in an authorization to transport
or under the auspices of a shooting club
or shooting range that is approved under
section 29, or
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(ii) to form part of a gun collection of the
individual, in the case of an individual
who satisfies the criteria described in
section 30.
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| Shooting
clubs and
shooting
ranges
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29. (1) No person shall operate a shooting
club or shooting range except under an
approval of the provincial minister for the
province in which the premises of the shooting
club or shooting range are located.
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| Approval
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(2) A provincial minister may approve a
shooting club or shooting range for the
purposes of this Act if
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(a) the shooting club or shooting range
complies with the regulations made under
paragraph 117(e); and
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(b) the premises of the shooting club or
shooting range are located in that province.
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| Revocation
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(3) A provincial minister who approves a
shooting club or shooting range for the
purposes of this Act may revoke the approval
for any good and sufficient reason including,
without limiting the generality of the
foregoing, where the shooting club or
shooting range contravenes a regulation made
under paragraph 117(e).
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| Delegation
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(4) A chief firearms officer who is
authorized in writing by a provincial minister
may perform such duties and functions of the
provincial minister under this section as are
specified in the authorization.
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| Notice of
refusal to
approve or
revocation
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(5) Where a provincial minister decides to
refuse to approve or to revoke an approval of
a shooting club or shooting range for the
purposes of this Act, the provincial minister
shall give notice of the decision to the
shooting club or shooting range.
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| Material to
accompany
notice
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(6) A notice given under subsection (5)
must include reasons for the decision
disclosing the nature of the information relied
on for the decision and must be accompanied
by a copy of sections 74 to 81.
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| Non-disclosur
e of
information
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(7) A provincial minister need not disclose
any information the disclosure of which
could, in the opinion of the provincial
minister, endanger the safety of any person.
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| Gun collectors
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30. The criteria referred to in subparagraph
28(b)(ii) are that the individual
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(a) has knowledge of the historical,
technological or scientific characteristics
that relate or distinguish the restricted
firearms or handguns that he or she
possesses;
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(b) has consented to the periodic inspection,
conducted in a reasonable manner, of the
premises in which the restricted firearms or
handguns are to be kept; and
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(c) has complied with such other
requirements as are prescribed respecting
knowledge, secure storage and the keeping
of records in respect of restricted firearms
or handguns.
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| Registrar
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31. (1) On being informed of a proposed
transfer of a firearm, the Registrar may
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(a) issue a new registration certificate for
the firearm in accordance with this Act; and
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(b) revoke any registration certificate for
the firearm held by the transferor.
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| Transfers of
firearms to the
Crown and to
the police
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(2) On being informed of a transfer of a
firearm to Her Majesty in right of Canada or
a province or to a police force, the Registrar
shall revoke any registration certificate for the
firearm.
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| Mail-order
transfers of
firearms
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32. A person may transfer a firearm by mail
only if
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(a) the verifications, notifications,
issuances and authorizations referred to in
sections 21 to 28, 30, 31, 40 to 43 and 46 to
52 take place within a reasonable period
before the transfer in the prescribed
manner;
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(b) the firearm is delivered by a person
designated by a chief firearms officer and
the person ensures that the transferee holds
a licence authorizing the transferee to
acquire that kind of firearm; and
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(c) the prescribed conditions are complied
with.
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| Authorization
to lend
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33. Subject to section 34, a person may lend
a firearm only if
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(i) has reasonable grounds to believe that
the borrower holds a licence authorizing
the borrower to possess that kind of
firearm, and
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(ii) lends the borrower the registration
certificate for the firearm, except in the
case of a borrower who uses the firearm
to hunt or trap in order to sustain himself
or herself or his or her family; or
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(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.
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| Authorization
to lend
firearms, etc.,
to the Crown
and to the
police
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34. A person may lend a firearm, prohibited
weapon, restricted weapon, prohibited device,
ammunition or prohibited ammunition to Her
Majesty in right of Canada or a province or to
a police force if
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(a) in the case of a firearm, the transferor
lends the borrower the registration
certificate for the firearm; and
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(b) the prescribed conditions are complied
with.
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