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Her 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
to amend the Criminal Code and to amend other Acts''.
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This enactment amends the Criminal Code by consolidating animal
cruelty offences and increasing the maximum penalties.
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This enactment also amends the Criminal Code and the Firearms Act
in order to simplify compliance with the firearms program, to
modernize administrative procedures and to meet Canada's emerging
international obligations by
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(a) in Part III of the Criminal Code,
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(i) modernizing the description of firearms that are deemed not to
be firearms for the purpose of the Firearms Act and certain
provisions of the Criminal Code,
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(ii) providing that there is no forfeiture of goods that are the
subject of a prohibition order made under section 515 of the
Criminal Code, and
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(iii) providing that an authorization, licence or registration
certificate for firearms be revoked or amended only for the period
that a prohibition order made under that section is in force; and
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(i) eliminating the requirement that the renewal of licences and
authorizations be dealt with in the same manner as for their first
issuance,
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(ii) permitting applications for and issuance of licences,
registration certificates and authorizations to be made by
electronic means,
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(iii) establishing a pre-approval process for the importation of
firearms by non-residents by giving the Registrar of Firearms
statutory authority to carry out eligibility checks,
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(iv) authorizing the making of regulations respecting the
importation and exportation of firearms and parts and
components designed for use in the manufacture or assembly of
firearms,
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(v) expanding the grandfathered class for certain prohibited
firearms,
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(vi) modifying the employee licensing requirements,
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(vii) authorizing the Governor in Council to appoint a
Commissioner of Firearms, and
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(viii) providing for the appointment or deployment of the
Registrar of Firearms under the Public Service Employment Act.
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Clause 2: (1) New.
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(2) The relevant portion of subsection 84(3) reads as
follows:
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(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and
117.03 of this Act and the provisions of the Firearms Act, the following
weapons are deemed not to be firearms:
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(d) any other barrelled weapon, where it is proved that the weapon
is not designed or adapted to discharge
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(i) a shot, bullet or other projectile at a muzzle velocity exceeding
152.4 m per second, or
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(ii) a shot, bullet or other projectile that is designed or adapted to
attain a velocity exceeding 152.4 m per second.
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Clause 3: The relevant portion of subsection 85(1)
reads as follows:
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85. (1) Every person commits an offence who uses a firearm
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(a) while committing an indictable offence, other than an offence
under section 220 (criminal negligence causing death), 236
(manslaughter), 239 (attempted murder), 244 (causing bodily harm
with intent - firearm), 272 (sexual assault with a weapon), 273
(aggravated sexual assault), 279 (kidnapping), 279.1
(hostage-taking), 344 (robbery) or 346 (extortion),
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Clause 4: The relevant portion of subsection 109(1)
reads as follows:
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109. (1) Where a person is convicted, or discharged under section
730, of
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(c) an offence relating to the contravention of subsection 5(3) or (4),
6(3) or 7(2) of the Controlled Drugs and Substances Act, or
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the court that sentences the person or directs that the person be
discharged, as the case may be, shall, in addition to any other
punishment that may be imposed for that offence or any other condition
prescribed in the order of discharge, make an order prohibiting the
person from possessing any firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device, ammunition, prohibited
ammunition and explosive substance during the period specified in the
order as determined in accordance with subsection (2) of (3), as the case
may be.
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Clause 5: New.
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Clause 6: Section 116 reads as follows:
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116. Every authorization, licence and registration certificate relating
to any thing the possession of which is prohibited by a prohibition order
and issued to a person against whom the prohibition order is made is,
on the commencement of the prohibition order, revoked, or amended,
as the case may be, to the extent of the prohibitions in the order.
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Clause 7: The relevant portion of subsection
117.07(2) reads as follows:
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(2) In this section, ``public officer'' means
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(h) a chief firearms officer and any firearms officer.
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Clause 8: New.
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Clause 9: The heading before section 444 and sections
444 to 447 read as follows:
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444. Every one who wilfully
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(a) kills, maims, wounds, poisons or injures cattle, or
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(b) places poison in such a position that it may easily be consumed
by cattle,
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is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
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445. Every one who wilfully and without lawful excuse
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(a) kills, maims, wounds, poisons or injures dogs, birds or animals
that are not cattle and are kept for a lawful purpose, or
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(b) places poison in such a position that it may easily be consumed
by dogs, birds or animals that are not cattle and are kept for a lawful
purpose,
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is guilty of an offence punishable on summary conviction.
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446. (1) Every one commits an offence who
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(a) wilfully causes or, being the owner, wilfully permits to be caused
unnecessary pain, suffering or injury to an animal or a bird;
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(b) by wilful neglect causes damage or injury to animals or birds
while they are being driven or conveyed;
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(c) being the owner or the person having the custody or control of a
domestic animal or a bird or an animal or a bird wild by nature that
is in captivity, abandons it in distress or wilfully neglects or fails to
provide suitable and adequate food, water, shelter and care for it;
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(d) in any manner encourages, aids or assists at the fighting or baiting
of animals or birds;
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(e) wilfully, without reasonable excuse, administers a poisonous or
an injurious drug or substance to a domestic animal or bird or an
animal or a bird wild by nature that is kept in captivity or, being the
owner of such an animal or a bird, wilfully permits a poisonous or an
injurious drug or substance to be administered to it;
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(f) promotes, arranges, conducts, assists in, receives money for or
takes part in any meeting, competition, exhibition, pastime, practice,
display or event at or in the course of which captive birds are
liberated by hand, trap, contrivance or any other means for the
purpose of being shot when they are liberated; or
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(g) being the owner, occupier or person in charge of any premises,
permits the premises or any part thereof to be used for a purpose
mentioned in paragraph (f).
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(2) Every one who commits an offence under subsection (1) is guilty
of an offence punishable on summary conviction.
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(3) For the purposes of proceedings under paragraph (1)(a) or (b),
evidence that a person failed to exercise reasonable care or supervision
of an animal or a bird thereby causing it pain, suffering, damage or
injury is, in the absence of any evidence to the contrary, proof that the
pain, suffering, damage or injury was caused or was permitted to be
caused wilfully or was caused by wilful neglect, as the case may be.
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(4) For the purpose of proceedings under paragraph (1)(d), evidence
that an accused was present at the fighting or baiting of animals or birds
is, in the absence of any evidence to the contrary, proof that he
encouraged, aided or assisted at the fighting or baiting.
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(5) Where an accused is convicted of an offence under subsection
(1), the court may, in addition to any other sentence that may be imposed
for the offence, make an order prohibiting the accused from owning or
having the custody or control of an animal or a bird during any period
not exceeding two years.
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(6) Every one who owns or has the custody or control of an animal
or a bird while he is prohibited from doing so by reason of an order made
under subsection (5) is guilty of an offence punishable on summary
conviction.
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447. (1) Every one who builds, makes, maintains or keeps a cockpit
on premises that he owns or occupies, or allows a cockpit to be built,
made, maintained or kept on such premises is guilty of an offence
punishable on summary conviction.
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(2) A peace officer who finds cocks in a cockpit or on premises
where a cockpit is located shall seize them and take them before a justice
who shall order them to be destroyed.
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Clause 10: (1) The definitions ``authorization to
export'', ``authorization to transport'' and ``carrier'' in
subsection 2(1) read as follows:
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``authorization to export'' means an authorization referred to in section
44;
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``authorization to transport'' means an authorization described in
section 18 or 19;
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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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(2) New.
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(3) New.
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Clause 11: The relevant portion of subsection 5(2)
reads as follows:
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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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(a) has been convicted or discharged under section 730 of the
Criminal Code of
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(iv) an offence relating to the contravention of subsection 5(3) or
(4), 6(3) or 7(2) of the Controlled Drugs and Substances Act;
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Clause 12: The relevant portion of subsection 7(2)
reads as follows:
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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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Clause 13: Subsections 9(3.1) and (3.2) are new.
Subsection 9(3) reads as follows:
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(3) A business other than a carrier is eligible to hold a licence only
if every employee of the business who, in the course of duties of
employment, handles or would handle firearms, prohibited weapons,
restricted weapons, prohibited devices or prohibited ammunition is the
holder of a licence authorizing the holder to acquire restricted firearms.
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Clause 14: Section 10 reads as follows:
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10. Sections 5, 6 and 9 apply in respect of a carrier whose business
includes the transportation of firearms, prohibited weapons, restricted
weapons, prohibited devices or prohibited ammunition from one
province to any other province, or beyond the limits of a province, as
if each reference in those sections to a chief firearms officer were a
reference to the Registrar.
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Clause 15: Subsection 12(6.1) is new. Subsections
12(6) and (7) read as follows:
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(6) A particular individual is eligible to hold a licence authorizing the
particular individual to possess handguns that have a barrel equal to or
less than 105 mm in length or that are designed or adapted to discharge
a 25 or 32 calibre cartridge and for which on February 14, 1995 a
registration certificate under the former Act had been issued to or
applied for by that or another individual if the particular individual
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(i) held a registration certificate under the former Act for one or
more of those handguns, or
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(ii) had applied for a registration certificate that was subsequently
issued under the former Act for one or more of those handguns;
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(b) on the commencement day held a registration certificate under
the former Act for one or more of those handguns; and
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(c) beginning on the commencement day was continuously the
holder of a registration certificate for one or more of those handguns.
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(7) A particular individual is eligible to hold a licence authorizing the
particular individual to possess a particular handgun referred to in
subsection (6) that was manufactured before 1946 if the particular
individual is the spouse or a brother, sister, child or grandchild of an
individual who was eligible under this or that subsection to hold a
licence authorizing the individual to possess the particular handgun.
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Clause 16: Sections 17 and 18 read as follows:
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17. Subject to sections 18 to 20, a prohibited firearm or restricted
firearm the holder of the registration certificate for which is an
individual may be possessed only at the dwelling-house of the
individual, as indicated on the registration certificate, or at a place
authorized by a chief firearms officer.
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18. An individual who holds a licence authorizing the individual to
possess prohibited firearms may be authorized to transport a particular
prohibited firearm between two or more specified places
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(a) in the case of a handgun referred to in subsection 12(6)
(pre-February 14, 1995 handguns), for use in target practice, or a
target shooting competition, under specified conditions or under the
auspices of a shooting club or shooting range that is approved under
section 29; or
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(ii) wishes to transport the firearm to a peace officer, firearms
officer or chief firearms officer for registration or disposal in
accordance with this Act or Part III of the Criminal Code,
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(iii) wishes to transport the firearm for repair, storage, sale,
exportation or appraisal, or
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(iv) wishes to transport the firearm to a gun show.
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Clause 17: (1) and (2) Paragraph 19(1)(a.1) is new.
The relevant portion of subsection 19(1) reads as
follows:
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19. (1) An individual who holds a licence authorizing the individual
to possess restricted firearms may be authorized to transport a particular
restricted firearm between two or more specified places for any good
and sufficient reason, including, without restricting the generality of the
foregoing,
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(3) Subsection 19(2) reads as follows:
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(2) A non-resident may be authorized to transport a particular
restricted firearm between specified places in accordance with section
35.
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Clause 18: Section 23 reads as follows:
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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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Clause 18: The relevant portion of subsection 24(2)
reads as follows:
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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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(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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Clause 20: Section 26 reads as follows:
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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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(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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Clause 21: (1) and (2) The relevant portion of section
27 reads as follows:
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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) 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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Clause 22: The relevant portion of section 28 reads as
follows:
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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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Clause 23: Subsection 29(7) reads as follows:
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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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Clause 24: Subsection 31(2) reads as follows:
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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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Clause 25: The relevant portion of section 32 reads as
follows:
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32. A person may transfer a firearm by mail only if
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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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Clause 26: The relevant portion of section 34 reads as
follows:
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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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Clause 27: (1) and (2) Paragraphs 35(1)(c) and (d) are
new. Subsections 35(1) to (3) read as follows:
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35. (1) A non-resident who does not hold a licence may import a
firearm that is not a prohibited firearm if, at the time of the importation,
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(i) is eighteen years old or older,
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(ii) declares the firearm to a customs officer in the prescribed
manner and, in the case of a declaration in writing, completes the
prescribed form containing the prescribed information, and
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(iii) in the case of a restricted firearm, produces an authorization
to transport the restricted firearm; and
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(b) a customs officer confirms in the prescribed manner the
declaration referred to in subparagraph (a)(ii) and the authorization
to transport referred to in subparagraph (a)(iii).
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(2) Where a firearm is declared at a customs office to a customs
officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not
complied with, the customs officer may authorize the firearm to be
exported from that customs office or may detain the firearm and give the
non-resident a reasonable time to comply with those requirements.
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(3) Where those requirements are not complied with within a
reasonable time and the firearm is not exported, the firearm shall be
disposed of in the prescribed manner.
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Clause 28: New.
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Clause 29: Subsections 36(1.1) and (1.2) are new.
Subsections 36(1) and (2) read as follows:
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36. (1) A declaration that is confirmed under paragraph 35(1)(b) has
the same effect after the importation of the firearm as a licence
authorizing the non-resident to possess only that firearm and as a
registration certificate for the firearm until the expiration of sixty days
after the importation or, in the case of a restricted firearm, until the
earlier of
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(a) the expiration of those sixty days, and
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(b) the expiration of the authorization to transport.
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(2) A chief firearms officer may renew the confirmation of a
declaration for one or more periods of sixty days.
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Clause 30: Sections 37 and 38 read as follows:
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37. (1) A non-resident who does not hold a licence may export a
firearm that is not a prohibited firearm and that was imported by the
non-resident in accordance with section 35 if, at the time of the
exportation,
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(i) declares the firearm to a customs officer, and
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(ii) produces to a customs officer in the prescribed manner the
declaration and, where applicable, the authorization to transport
that were confirmed in accordance with that section; and
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(b) a customs officer confirms the declaration referred to in
subparagraph (a)(i) in the prescribed manner.
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(2) Where a firearm is declared to a customs officer but the
requirements of subparagraph (1)(a)(ii) are not complied with, the
customs officer may detain the firearm and, with the approval of a chief
firearms officer, give the non-resident a reasonable time to comply with
those requirements.
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(3) Where those requirements are not complied with within a
reasonable time, the firearm shall be disposed of in the prescribed
manner.
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38. (1) An individual who holds a licence may export a firearm if, at
the time of the exportation,
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(i) declares the firearm to a customs officer in the prescribed
manner and, in the case of a declaration in writing, completes the
prescribed form containing the prescribed information, and
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(ii) produces his or her licence and the registration certificate for
the firearm and, in the case of a prohibited firearm or restricted
firearm, an authorization to transport the firearm; and
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(b) a customs officer confirms the documents referred to in
subparagraphs (a)(i) and (ii) in the prescribed manner.
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(2) Where a firearm is declared to a customs officer but the
requirements of subparagraph (1)(a)(ii) are not complied with, the
customs officer may detain the firearm.
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(3) A firearm that is detained under subsection (2) may be disposed
of in the prescribed manner.
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Clause 31: Subsections 40(1) to (3) read as follows:
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40. (1) An individual who holds a licence may import a firearm if, at
the time of the importation,
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(a) the individual declares the firearm to a customs officer in the
prescribed manner;
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(b) in the case of a firearm that was exported in accordance with
section 38, the individual produces the declaration confirmed in
accordance with that section and, in the case of a prohibited firearm
or restricted firearm, an authorization to transport the prohibited
firearm or restricted firearm;
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(c) in the case of a firearm that is not a prohibited firearm and for
which a registration certificate has not been issued,
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(i) the individual completes the prescribed form containing the
prescribed information, if the declaration referred to in paragraph
(a) is in writing,
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(ii) the individual holds a licence authorizing him or her to
acquire and possess that kind of firearm,
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(iii) a customs officer informs a chief firearms officer of the
importation and the chief firearms officer approves the
importation in accordance with section 27, and
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(iv) in the case of a restricted firearm, the individual produces an
authorization to transport the restricted firearm; and
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(d) a customs officer confirms the documents referred to in
paragraph (b) or (c) in the prescribed manner.
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(2) Where a firearm is declared at a customs office to a customs
officer but the requirements of paragraph (1)(b) or (c) are not complied
with, the customs officer may authorize the firearm to be exported from
that customs office or may detain the firearm and give the individual a
reasonable time to comply with those requirements.
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(3) Where those requirements are not complied with within a
reasonable time and the firearm is not exported, the firearm shall be
disposed of in the prescribed manner.
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Clause 32: Sections 40.1 and 40.2 are new. Section 41
reads as follows:
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41. A declaration that is confirmed in accordance with paragraph
40(1)(d) has the same effect as a registration certificate for the firearm
for the period for which the confirmation is expressed to be effective.
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Clause 33: New.
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Clause 34: Subsection 47(4) reads as follows:
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(4) Goods that are not exported under subsection (3) within ten days
are forfeited to Her Majesty in right of Canada and shall be disposed of
in the prescribed manner.
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Clause 35: New.
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Clause 36: Sections 50 and 51 read as follows:
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50. A customs officer shall inform the Registrar without delay of the
exportation or importation of goods described in section 43 by a
business.
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51. The Registrar shall inform the member of the Queen's Privy
Council for Canada who is designated by the Governor in Council as the
Minister for the purposes of the Export and Import Permits Act of every
application by a business for an authorization to export or authorization
to import.
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Clause 37: Subsection 54(1) reads as follows:
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54. (1) A licence, registration certificate or authorization may be
issued only on application made in the prescribed form containing the
prescribed information and accompanied by payment of the prescribed
fees.
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Clause 38: New.
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Clause 39: Subsections 61(1) and (2) read as follows:
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61. (1) A licence or registration certificate must be in the prescribed
form and include the prescribed information and any conditions
attached to it.
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(2) An authorization to carry, authorization to transport,
authorization to export or authorization to import may be in the
prescribed form and include the prescribed information, including any
conditions attached to it.
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Clause 40: Subsections 63(1) and (2) read as follows:
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63. (1) Subject to subsection (2), licences, registration certificates,
authorizations to transport, authorizations to export and authorizations
to import are valid throughout Canada.
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(2) A licence that is issued to carrier, other than a carrier described
in section 73, is not valid outside the province in which it is issued.
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Clause 41: (1) New.
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(2) Subsections 64(5) to (7) are new. Subsections
64(3) and (4) read as follows:
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(3) A licence that is issued to a business other than a museum expires
on the earlier of
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(a) one year after the day on which it is issued, and
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(b) the expiration of the period for which it is expressed to be issued.
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(4) A licence that is issued to a museum expires on the earlier of
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(a) three years after the day on which it is issued, and
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(b) the expiration of the period for which it is expressed to be issued.
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Clause 42: Subsection 65(3) reads as follows:
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(3) An authorization to transport a restricted firearm or a handgun
referred to in subsection 12(6) (pre-February 14, 1995 handguns) for
use in target practice, or a target shooting competition, under specified
conditions or under the auspices of a shooting club or shooting range
that is approved under section 29 expires
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(a) in the case of an authorization to transport that takes the form of
a condition attached to a licence, on the earlier of
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(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
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(ii) the expiration of the licence; and
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(b) in the case of an authorization to transport that does not take the
form of a condition attached to a licence, on the expiration of the
period for which the authorization is expressed to be issued, which
period may not be less than one year or more than three years.
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Clause 43: Subsections 67(1) and (2) read as follows:
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67. (1) A chief firearms officer may renew a licence, authorization
to carry or authorization to transport in the same manner and in the same
circumstances in which a licence, authorization to carry or
authorization to transport may be issued.
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(2) On renewing a licence authorizing an individual to possess
restricted firearms or handguns referred to in subsection 12(6)
(pre-February 14, 1995 handguns), a chief firearms officer shall decide
whether any of those firearms or handguns that the individual possesses
are being used for
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(a) the purpose described in section 28 for which the individual
acquired the restricted firearms or handguns; or
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(b) in the case of any of those firearms or handguns that were
possessed by the individual on the commencement day, the purpose
described in that section that was specified by the individual in the
licence application.
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Clause 44: The relevant portion of subsection 70(1)
reads as follows:
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70. (1) A chief firearms officer who issues a licence, authorization
to carry or authorization to transport may revoke it for any good and
sufficient reason including, without limiting the generality of the
foregoing,
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Clause 45: The relevant portion of subsection 71(1)
reads as follows:
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71. (1) The Registrar
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(b) shall revoke a registration certificate for a firearm held by an
individual where the Registrar is informed by a chief firearms officer
under section 67 that the firearm is not being used for
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(i) the purpose for which the individual acquired it, or
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(ii) in the case of a firearm possessed by the individual on the
commencement day, the purpose specified by the individual in
the licence application.
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Clause 46: Subsection 72(1.1) is new. Subsection
72(1) reads as follows:
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72. (1) Where a chief firearms officer decides to refuse to issue or to
revoke a licence or authorization to transport or the Registrar decides to
refuse to issue or to revoke a registration certificate, authorization to
export or authorization to import, the chief firearms officer or Registrar
shall give notice of the decision in the prescribed form to the applicant
for or holder of the licence, registration certificate or authorization.
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Clause 47: Section 73 and the heading before it read
as follows:
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73. Sections 54 to 72 apply in respect of a carrier whose business
includes the transportation of firearms, prohibited weapons, restricted
weapons, prohibited devices or prohibited ammunition from one
province to any other province, or beyond the limits of a province, as
if each reference in those sections to a chief firearms officer were a
reference to the Registrar.
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Clause 48: The relevant portion of subsection 74(1)
reads as follows:
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74. (1) Subject to subsection (2), where
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(b) a chief firearms officer decides under section 67 that a firearm
possessed by an individual who holds a licence is not being used for
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(i) the purpose for which the individual acquired the firearm, or
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(ii) in the case of a firearm possessed by an individual on the
commencement day, the purpose specified by the individual in
the licence application, or
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Clause 49: New.
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Clause 50: Section 82.1 is new. Section 82 reads as
follows:
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82. The Commissioner of the Royal Canadian Mounted Police shall,
after consulting with the federal Minister and the Solicitor General of
Canada, appoint an individual as the Registrar of Firearms.
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Clause 51: Sections 93 and 94 read as follows:
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93. (1) The Registrar shall, as soon as possible after the end of each
calendar year and at such other times as the Solicitor General of Canada
may, in writing, request, submit to the Solicitor General a report, in such
form and including such information as the Solicitor General may
direct, with regard to the administration of this Act.
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(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.
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94. A chief firearms officer shall submit the prescribed information
with regard to the administration of this Act at the prescribed time and
in the prescribed form for the purpose of enabling the Registrar to
compile the reports referred to in section 93.
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Clause 52: Section 97 reads as follows:
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97. (1) Subject to subsection (2), a provincial minister may exempt
from the application in that province of any provision of this Act or the
regulations or Part III of the Criminal Code, for any period not
exceeding one year, the employees, in respect of any thing done by them
in the course of or for the purpose of their duties or employment, of any
business that holds a licence authorizing the business to acquire
prohibited firearms, prohibited weapons, prohibited devices or
prohibited ammunition.
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(2) Subsection (1) does not apply where it is not desirable, in the
interests of the safety of any person, that the employees of the business
be so exempted.
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(3) A provincial minister may attach to an exemption any reasonable
condition that the provincial minister considers desirable in the
particular circumstances and in the interests of the safety of any person.
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Clause 53: Section 99 reads as follows:
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99. (1) Subject to subsections (2) and (3), a firearms officer who is
designated in writing by a chief firearms officer may perform such
duties and functions of the chief firearms officer under this Act or Part
III of the Criminal Code as are specified in the designation.
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(2) A licence that is issued to a business authorizing the business to
acquire prohibited firearms, prohibited weapons, prohibited devices or
prohibited ammunition must be issued by a chief firearms officer
personally.
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(3) An authorization to carry must be issued by a chief firearms
officer personally.
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Clause 54: Subsection 104(1) reads as follows:
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104. (1) An inspector may not enter a dwelling-house under section
102 except
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(a) on reasonable notice to the owner or occupant, except where a
business is being carried on in the dwelling-house; and
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(b) with the consent of the occupant or under a warrant.
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Clause 55: (1) to (3) Paragraphs 117 (a.1) and (k.1) to
(k.3) are new. The relevant portion of section 117 reads
as follows:
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117. The Governor in Council may make regulations
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(i) the possession at any place,
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(ii) the manufacture or transfer, whether or not for consideration,
or offer to manufacture or transfer, whether or not for
consideration, or
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(iii) the importation or exportation
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of firearms, prohibited weapons, restricted weapons, prohibited
devices, ammunition, prohibited ammunition and components and
parts designed exclusively for use in the manufacture of or assembly
into automatic firearms;
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(o) creating offences consisting of contraventions of the regulations
made under paragraph (d), (e), (f), (g), (i), (j), (l), (m) or (n);
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Clause 56: Section 169 and the heading before it read
as follows:
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169. Code 9965 of Schedule VII to the Customs Tariff is replaced
by the following:
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9965 1. For the purposes of this Code:
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(a) ``firearm'' and ``weapon'' have the meanings assigned by section
2 of the Criminal Code;
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(b) ``automatic firearm'', ``licence'', ``prohibited ammunition'',
``prohibited device'', ``prohibited firearm'', ``prohibited weapon'',
``restricted firearm'' and ``restricted weapon'' have the meanings
assigned by subsection 84(1) of the Criminal Code;
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(c) ``public officer'' has the meaning assigned by subsection
117.07(2) of the Criminal Code;
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(d) ``business'', ``carrier'' and ``non-resident'' have the meanings
assigned by subsection 2(1) of the Firearms Act; and
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(e) ``visiting force'' has the meaning assigned by section 2 of the
Visiting Forces Act.
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2. Firearms, prohibited weapons, restricted weapons, prohibited
devices, prohibited ammunition and components or parts designed
exclusively for use in the manufacture of or assembly into automatic
firearms, in this code referred to as ``prohibited goods'', but does not
include the following:
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(a) prohibited goods imported by
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(i) a public officer in the course of the public officer's duties or
employment, or
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(ii) an individual on behalf of and under the authority of a police
force, the Canadian Forces, a visiting force or a department of the
Government of Canada or of a province,
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(b) prohibited goods imported through a prescribed port by a
business that meets the requirements set out in sections 43, 46 and
47 of the Firearms Act;
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(c) prohibited goods, or any class of prohibited goods, that, pursuant
to regulations made by the Governor in Council, are exempted from
the provisions of this code;
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(d) any weapon that, pursuant to subsection 84(3) of the Criminal
Code, is deemed not to be a firearm;
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(e) any firearm, other than a prohibited firearm, imported by
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(i) a non-resident who meets the requirements of section 35 of the
Firearms Act, or
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(ii) an individual who holds a licence and who meets the
requirements of paragraphs 40(1)(a) and (c) of that Act and,
where the firearm was exported in accordance with section 38,
paragraph 40(1)(b) of that Act;
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(f) any prohibited firearm imported by an individual who holds a
licence and who meets the requirements of paragraphs 40(1)(a) and
(b) and subsection 40(4) of the Firearms Act;
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(g) arms, ammunition, implements or munitions of war, army, naval
or air stores and any articles deemed capable of being converted into
any such things or made useful in the production of any such things,
imported with a permit issued pursuant to section 8 of the Export and
Import Permits Act;
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(h) arms, military stores, munitions of war and other goods eligible
for entry under tariff item No. 9810.00.00 or 9811.00.00; and
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(i) arms, military stores, munitions of war, or classes thereof, that,
pursuant to regulations made by the Governor in Council, are
exempted from the provisions of this code.
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