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42-43-44 ELIZABETH II |
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CHAPTER 39 |
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An Act respecting firearms and other weapons
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[Assented to 5th December, 1995]
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Firearms
Act.
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INTERPRETATION |
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Definitions
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2. (1) In this Act,
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``authorizatio
n to carry'' « autorisation de port »
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``authorization to carry'' means an
authorization described in section 20;
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``authorizatio
n to export'' « autorisation d'exportation »
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``authorization to export'' means an
authorization referred to in section 44;
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``authorizatio
n to import'' « autorisation d'importation »
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``authorization to import'' means an
authorization referred to in section 46;
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``authorizatio
n to
transport'' « autorisation de transport »
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``authorization to transport'' means an
authorization described in section 18 or 19;
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``business'' « entreprise »
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``business'' means a person who carries on a
business that includes
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``carrier'' « transporteur »
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``carrier'' means a person who carries on a
transportation business that includes the
transportation of firearms, prohibited
weapons, restricted weapons, prohibited
devices, ammunition or prohibited
ammunition;
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``chief
firearms
officer'' « contrôleur des armes à feu »
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``chief firearms officer'' means
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``commencem
ent day'' « date de référence »
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``commencement day'', in respect of a
provision of this Act or the expression
``former Act'' in a provision of this Act,
means the day on which the provision
comes into force;
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``customs
office'' « bureau de douane »
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``customs office'' has the meaning assigned
by subsection 2(1) of the Customs Act;
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``customs
officer'' « agent des douanes »
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``customs officer'' has the meaning assigned
to the word ``officer'' by subsection 2(1) of
the Customs Act;
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``federal
Minister'' « ministre fédéral »
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``federal Minister'' means the Minister of
Justice;
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``firearms
officer'' « préposé aux armes à feu »
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``firearms officer'' means
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``former Act'' « loi antérieure »
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``former Act'' means Part III of the Criminal
Code, as it read from time to time before the
commencement day;
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``museum'' « musée »
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``museum'' means a person who operates a
museum
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``non-resident
'' « non-résident »
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``non-resident'' means an individual who
ordinarily resides outside Canada;
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``prescribed'' « réglementair e »
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``prescribed'' means
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``provincial
minister'' « ministre provincial »
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``provincial minister'' means
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``regulations'' « règlements »
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``regulations'' means regulations made by the
Governor in Council under section 117.
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To be
interpreted
with Criminal
Code
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(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.
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Aboriginal
and treaty
rights
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(3) For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from any existing aboriginal or
treaty rights of the aboriginal peoples of
Canada under section 35 of the Constitution
Act, 1982.
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HER MAJESTY |
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Binding on
Her Majesty
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3. (1) This Act is binding on Her Majesty in
right of Canada or a province.
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Canadian
Forces
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(2) Notwithstanding subsection (1), this Act
does not apply in respect of the Canadian
Forces.
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PURPOSE |
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Purpose
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4. The purpose of this Act is
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AUTHORIZED POSSESSION |
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Eligibility to Hold Licences |
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General Rules
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Public safety
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5. (1) A person is not eligible to hold a
licence if it is desirable, in the interests of the
safety of that or any other person, that the
person not possess a firearm, a cross-bow, a
prohibited weapon, a restricted weapon, a
prohibited device, ammunition or prohibited
ammunition.
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Criteria
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(2) In determining whether a person is
eligible to hold a licence under subsection (1),
a chief firearms officer or, on a reference
under section 74, a provincial court judge
shall have regard to whether the person, within
the previous five years,
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Exception
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(3) Notwithstanding subsection (2), in
determining whether a non-resident who is
eighteen years old or older and by or on behalf
of whom an application is made for a sixty-day
licence authorizing the non-resident to
possess firearms that are neither prohibited
firearms nor restricted firearms is eligible to
hold a licence under subsection (1), a chief
firearms officer or, on a reference under
section 74, a provincial court judge may but
need not have regard to the criteria described
in subsection (2).
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Court orders
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6. (1) A person is eligible to hold a licence
only if the person is not prohibited by a
prohibition order from possessing any
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device or
prohibited ammunition.
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Exception
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(2) Subsection (1) is subject to any order
made under section 113 of the Criminal Code
(lifting of prohibition order for sustenance or
employment).
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Successful
completion of
safety course
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7. (1) An individual is eligible to hold a
licence only if the individual
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Restricted
firearms
safety course
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(2) An individual is eligible to hold a
licence authorizing the individual to possess
restricted firearms only if the individual
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After
expiration of
prohibition
order
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(3) An individual against whom a
prohibition order was made
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Exceptions
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(4) Subsections (1) and (2) do not apply to
an individual who
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