2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-10

An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act.

R.S., c. C-46

CRIMINAL CODE

2. (1) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

``Commission er of Firearms''
« commissaire aux armes à feu »

``Commissioner of Firearms'' means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act;

1995, c. 39, s. 139

(2) Subparagraphs 84(3)(d)(i) and (ii) of the Act are replaced by the following:

      (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

      (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

1995, c. 39, s. 139

3. Paragraph 85(1)(a) of the Act is replaced by the following:

    (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) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

1996, c. 19, s. 65.1

4. Paragraph 109(1)(c) of the Act is replaced by the following:

    (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

5. Section 115 of the Act is amended by adding the following after subsection (1):

Exception

(1.1) Subsection (1) does not apply in respect of an order made under section 515.

1995, c. 39, s. 139

6. Section 116 of the Act is replaced by the following:

Authorization s revoked or amended

116. (1) Subject to subsection (2), 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.

Duration of revocation or amendment - orders under section 515

(2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

1995, c. 39, s. 139

7. Paragraph 117.07(2)(h) of the Act is replaced by the following:

    (h) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act.

8. The Act is amended by adding the following after section 182:

PART V.1

CRUELTY TO ANIMALS

Definition of ``animal''

182.1 In this Part, ``animal'' means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.

Killing or harming animals

182.2 (1) Every one commits an offence who, wilfully or recklessly,

    (a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;

    (b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;

    (c) kills an animal without lawful excuse;

    (d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;

    (e) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals, including training an animal to fight another animal;

    (f) builds, makes, maintains, keeps or allows to be built, made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;

    (g) 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 animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or

    (h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g).

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both.

Failing to provide adequate care

182.3 (1) Every one commits an offence who

    (a) negligently causes unnecessary pain, suffering or injury to an animal;

    (b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or

    (c) negligently injures an animal while it is being conveyed.

Definition of ``negligently''

(2) For the purposes of subsection (1), ``negligently'' means departing markedly from the standard of care that a reasonable person would use.

Punishment

(3) Every one who commits an offence under subsection (1) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    (b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months or to both.

Order of prohibition or restitution

182.4 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(2) or 182.3(3),

    (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.

Breach of order

(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

Application

(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).

Common law defences

182.5 For greater certainty, subsection 8(3) applies in respect of proceedings for an offence under this Part.

Definition of ``law enforcement animal''

182.6 (1) In this section, ``law enforcement animal'' means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.

Poisoning, injuring or killing law enforcement animal

(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.

Punishment

(3) Every one who commits an offence under subsection (2) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.

Order of restitution

(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence if the costs are readily ascertainable.

R.S., c. 27 (1st Supp.), s. 38

8.1 Paragraph 264.1(1)(c) of the Act is replaced by the following:

    (c) to kill, poison or injure an animal that is the property of any person.

9. The heading before section 444 and sections 444 to 447 of the Act are repealed.

1996, c. 19, s. 93.3

9.1 Paragraph 515(4.1)(c) of the Act is replaced by the following:

(c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

1995, c. 39

FIREARMS ACT

10. (1) The definitions ``authorization to export'', ``authorization to transport'' and ``carrier'' in subsection 2(1) of the Firearms Act are replaced by the following:

``authorizatio n to export''
« autorisa-
tion d'exporta-
tion »

``authorization to export'' means an authorization referred to in section 44 and includes a permit to export goods that is issued under the Export and Import Permits Act and that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export;

``authorizatio n to transport''
« autorisa-
tion de transport »

``authorization to transport'' means an authorization described in section 19;

``carrier''
« transporteur »

``carrier'' means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``Commission er''
« commissaire »

``Commissioner'' means the Commissioner of Firearms appointed under section 81.1;

(3) Section 2 of the Act is amended by adding the following after subsection (2):

Deemed references to Registrar

(2.1) Sections 5, 9, 54 to 58, 67, 68 and 70 to 72 apply in respect of a carrier as if each reference in those sections to a chief firearms officer were a reference to the Registrar and for the purposes of applying section 6 in respect of a carrier, paragraph 113(3)(b) of the Criminal Code applies as if the reference in that section to a chief firearms officer were a reference to the Registrar.

1996, c. 19, s. 76.1

11. Subparagraph 5(2)(a)(iv) of the Act is replaced by the following:

      (iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;

12. The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following:

Restricted firearms safety course

(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual

13. Subsection 9(3) of the Act is replaced by the following:

Employees - firearms

(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms.

Employees - prohibited firearms or restricted firearms

(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.

Employees - prohibited weapons, restricted weapons, etc.

(3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.

14. Section 10 of the Act is repealed.

2000, c. 12, s. 117

15. Subsections 12(6) and (7) of the Act are replaced by the following:

Grandfathered individuals - pre-December 1, 1998 handguns

(6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if

    (a) on December 1, 1998 the particular individual

      (i) held a registration certificate under the former Act for that kind of handgun, or

      (ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and

    (b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

Grandfathered handguns - pre-December 1, 1998 handguns

(6.1) Subsection (6) applies in respect of a handgun