|
|
|
|
|
|
|
|
|
|
|
|
Permitted
purposes
|
40.2 The Registrar may approve the
importation of a restricted firearm by an
individual only if the Registrar is satisfied
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Temporary
registration
certificate
|
41. An authorization that is confirmed in
accordance with paragraph 40(2)(e) has the
same effect as a registration certificate for the
firearm until a registration certificate is issued
for the firearm.
|
|
|
33. The Act is amended by adding the
following after section 42:
|
|
Notification
by Registrar
|
42.1 The Registrar shall inform the Canada
Customs and Revenue Agency without delay
of every report made by the Registrar in
respect of applications referred to in
subparagraph 35(1)(b)(i).
|
|
|
34. Subsection 47(4) of the Act is replaced
by the following:
|
|
Disposal
|
(4) Goods that are not exported under
subsection (3) within 90 days are forfeited to
Her Majesty in right of Canada and shall be
disposed of in the prescribed manner.
|
|
|
35. Section 49 of the Act is renumbered as
subsection 49(1) and is amended by adding
the following:
|
|
Exception
|
(2) Subsection (1) does not apply in respect
of the exportation of goods authorized by a
permit issued under the Export and Import
Permits Act that is deemed by regulations
made under paragraph 117(a.1) to be an
authorization to export.
|
|
|
36. Sections 50 and 51 of the Act are
replaced by the following:
|
|
Notification
of Registrar
|
50. A customs officer shall inform the
Registrar without delay of the exportation or
importation by a business of any firearms and
any prescribed prohibited weapons, restricted
weapons, prohibited devices, ammunition,
prohibited ammunition and components and
parts designed exclusively for use in the
manufacture of or assembly into firearms.
|
|
Notification
by Minister
responsible
for the Export
and Import
Permits Act
|
51. The member of the Queen's Privy
Council for Canada who is designated by the
Governor in Council as the Minister for the
purposes of the Export and Import Permits Act
shall inform the Registrar of every application
under that Act for a permit to export in relation
to a firearm.
|
|
|
37. Subsection 54(1) of the Act is replaced
by the following:
|
|
Applications
|
54. (1) A licence, registration certificate or
authorization may be issued only on
application made in the prescribed
form - which form may be in writing or
electronic - or in the prescribed manner. The
application must set out the prescribed
information and be accompanied by payment
of the prescribed fees.
|
|
|
38. The Act is amended by adding the
following after section 55:
|
|
Further
information
|
55.1 (1) The Registrar may require a
non-resident who applies for a report referred
to in subparagraph 35(1)(b)(i) to submit any
information, in addition to that included in the
application, that may reasonably be regarded
as relevant for the purpose of preparing the
report.
|
|
Investigation
|
(2) Without restricting the scope of the
inquiries that may be made with respect to an
application for the report, the Registrar may
conduct any investigation of the applicant that
the Registrar considers necessary.
|
|
|
39. Subsections 61(1) and (2) of the Act
are replaced by the following:
|
|
Form
|
61. (1) A licence or registration certificate
must be issued in the prescribed for - which
form may be in writing or electronic - or in
the prescribed manner , and include the
prescribed information, including any
conditions attached to it.
|
|
Form of
authoriza- tions
|
(2) An authorization to carry, authorization
to transport, authorization to export or
authorization to import may be issued in the
prescribed form - which form may be in
writing or electronic - or in the prescribed
manner , and include the prescribed
information, including any conditions
attached to it.
|
|
|
40. Subsections 63(1) and (2) of the Act
are replaced by the following:
|
|
Geographical
extent
|
63. (1) Licences, registration certificates,
authorizations to transport, authorizations to
export and authorizations to import are valid
throughout Canada.
|
|
|
41. (1) Section 64 of the Act is amended by
adding the following after subsection (1):
|
|
Extension of
term
|
(1.1) Despite subsection (1), a chief
firearms officer may, until January 1, 2005,
with respect to any licence referred to in that
subsection that is issued before June 30, 2001,
extend the period for which the licence is
expressed to be issued by an additional period
of up to four years.
|
|
|
(2) Subsections 64(3) and (4) of the Act
are replaced by the following:
|
|
Businesses
|
(3) A licence that is issued to a business
other than a business referred to in subsection
(4) expires on the earlier of
|
|
|
|
|
|
|
|
Businesses
that sell only
ammunition
|
(4) A licence that is issued to a business that
sells ammunition but is not authorized to
possess firearms, prohibited weapons,
restricted weapons, prohibited devices or
prohibited ammunition expires on the earlier
of
|
|
|
|
|
|
|
|
Extension of
term
|
(5) Despite subsection (3), a chief firearms
officer may, until January 1, 2003, extend the
period for which a licence referred to in that
subsection is expressed to be issued by an
additional period of up to two years.
|
|
Extension of
term
|
(6) Despite subsection (4), a chief firearms
officer may, until January 1, 2003, extend the
period for which a licence referred to in that
subsection is expressed to be issued by an
additional period of up to four years.
|
|
Notice to
holder
|
(7) The chief firearms officer shall give
notice of every extension under this section to
the holder of the licence.
|
|
|
42. Subsection 65(3) of the Act is replaced
by the following:
|
|
Authorization
s to transport
|
(3) An authorization to transport a
prohibited firearm, except for an automatic
firearm , or a restricted firearm for use in target
practice, or a target shooting competition,
under specified conditions or under the
auspices of a shooting club or shooting range
that is approved under section 29, whether or
not the authorization takes the form of a
condition attached to the licence of the holder
of the authorization , expires on the earlier of
|
|
|
|
|
|
|
|
|
43. Subsections 67(1) and (2) of the Act
are replaced by the following:
|
|
Renewal
|
67. (1) A chief firearms officer may renew
a licence, authorization to carry or
authorization to transport in the prescribed
manner.
|
|
Restricted
firearms and
pre-December
1, 1998
handguns
|
(2) On renewing a licence authorizing an
individual to possess restricted firearms or
handguns referred to in subsection 12(6.1)
(pre-December 1, 1998 handguns), a chief
firearms officer shall decide whether any of
those firearms or handguns that the individual
possesses are being used for a purpose
described in section 28.
|
|
|
44. Subsection 70(1) of the English
version of the Act before paragraph (a) is
replaced by the following:
|
|
Revocation of
licence or
authorization
|
70. (1) A chief firearms officer may revoke
a licence, an authorization to carry or an
authorization to transport for any good and
sufficient reason including, without limiting
the generality of the foregoing,
|
|
|
45. Paragraph 71(1)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
46. Subsection 72(1) of the Act is replaced
by the following:
|
|
Notice of
refusal to
issue or
revocation
|
72. (1) Subject to subsection (1.1), if a chief
firearms officer decides to refuse to issue or to
revoke a licence or authorization to transport
or the Registrar decides to refuse to issue or to
revoke a registration certificate, authorization
to export or authorization to import, the chief
firearms officer or Registrar shall give notice
of the decision in the prescribed form to the
applicant for or holder of the licence,
registration certificate or authorization.
|
|
When notice
not required
|
(1.1) Notice under subsection (1) need not
be given in any of the following
circumstances:
|
|
|
|
|
|
|
|
|
47. Section 73 of the Act and the heading
before it are repealed.
|
|
|
48. Paragraph 74(1)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
49. The Act is amended by adding the
following after section 81:
|
|
|
COMMISSIONER OF FIREARMS |
|
Appointment
|
81.1 The Governor in Council may appoint
a person to be known as the Commissioner of
Firearms to hold office during pleasure. The
Commissioner shall be paid such
remuneration as the Governor in Council may
fix.
|
|
Duties,
functions and
powers
|
81.2 Subject to any direction that the
federal Minister may give, the Commissioner
may exercise the powers and shall perform the
duties and functions relating to the
administration of this Act that are delegated to
the Commissioner by the federal Minister.
|
|
Delegation -
federal
Minister
|
81.3 The federal Minister may delegate to
the Commissioner any duty, function or power
conferred on the federal Minister under this
Act, except the power to delegate under this
section and the power under subsections 97(2)
and (3).
|
|
Incapacity or
vacancy
|
81.4 In the event of the absence or
incapacity of, or vacancy in the office of, the
Commissioner, the federal Minister may
appoint a person to perform the duties and
functions and exercise the powers of the
Commissioner, but no person may be so
appointed for a term of more than 60 days
without the approval of the Governor in
Council.
|
|
Superannua- tion and compensation
|
81.5 The Commissioner shall be deemed to
be a person employed in the Public Service for
the purposes of the Public Service
Superannuation Act and to be employed in the
public service of Canada for the purposes of
the Government Employees Compensation
Act and any regulations made pursuant to
section 9 of the Aeronautics Act.
|
|
|
50. (1) Section 82 of the Act is replaced by
the following:
|
|
Registrar of
Firearms
|
82. An individual to be known as the
Registrar of Firearms shall be appointed or
deployed in accordance with the Public
Service Employment Act.
|
|
Incapacity or
vacancy
|
82.1 In the event of the absence or
incapacity of, or vacancy in the position of, the
Registrar, the Commissioner may perform the
duties and functions and exercise the powers
of the Registrar.
|
|
Transitional
|
(2) The person occupying the position of
Registrar of Firearms on the day on which
section 82 of the Act, as enacted by
subsection (1) of this Act, comes into force
is deemed, as of that day, to be appointed as
Registrar of Firearms under the Public
Service Employment Act and continues to
occupy that position until another person is
appointed or deployed as the Registrar of
Firearms under that Act.
|
|
|
51. Sections 93 and 94 of the Act are
replaced by the following:
|
|
Report to
federal
Minister
|
93. (1) The Commissioner shall, as soon as
possible after the end of each calendar year
and at any other times that the federal
Minister may in writing request, submit to the
federal Minister a report, in the form and
including the information that the federal
Minister may direct, with regard to the
administration of this Act.
|
|
Report to be
laid before
Parliament
|
(2) The federal Minister shall have each
report laid before each House of Parliament on
any of the first 15 days on which that House is
sitting after the federal Minister receives it.
|
|
Information to
be submitted
to
Commissioner
|
94. A chief firearms officer shall submit to
the Commissioner the prescribed information
with regard to the administration of this Act at
the prescribed time and in the prescribed form
for the purpose of enabling the Commissioner
to compile the reports referred to in section 93.
|
|
|
52. Section 97 of the Act is replaced by the
following:
|
|
Exemptions
- Governor
in Council
|
97. (1) Subject to subsection (4), the
Governor in Council may exempt any class of
non-residents from the application of any
provision of this Act or the regulations, or
from the application of any of sections 91 to
95, 99 to 101, 103 to 107 and 117.03 of the
Criminal Code, for any period specified in the
order.
|
|
Exemptions
- federal
Minister
|
(2) Subject to subsection (4), the federal
Minister may exempt any non-resident from
the application of any provision of this Act or
the regulations, or from the application of any
of sections 91 to 95, 99 to 101, 103 to 107 and
117.03 of the Criminal Code, for any period
not exceeding one year.
|
|
Exemptions
- provincial
minister
|
(3) Subject to subsection (4) , a provincial
minister may exempt from the application in
that province of any provision of this Act or
the regulations or Part III of the Criminal
Code, for any period not exceeding one year,
the employees, in respect of any thing done by
them in the course of or for the purpose of their
duties or employment, of any business that
holds a licence authorizing the business to
acquire prohibited firearms, prohibited
weapons, prohibited devices or prohibited
ammunition.
|
|
Public safety
|
(4) Subsections (1) to (3) do not apply if it
is not desirable, in the interests of the safety of
any person, that the exemption be granted.
|
|
Conditions
|
(5) The authority granting an exemption
may attach to it any reasonable condition that
the authority considers desirable in the
particular circumstances and in the interests of
the safety of any person.
|
|
|
53. Section 99 of the Act is replaced by the
following:
|
|
Designated
officers may
perform
functions of
chief firearms
officers
|
99. A firearms officer who is designated in
writing by a chief firearms officer may
perform any of the duties and functions of the
chief firearms officer under this Act or Part III
of the Criminal Code that are specified in the
designation.
|
|
|
54. Section 104(1) of the French version
of the Act is replaced by the following:
|
|