51-52 ELIZABETH II

CHAPTER 8

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

[Assented to 13th May, 2003]

      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 (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. 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,

1995, c. 39

FIREARMS ACT

9. (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

10. 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;

11. 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

12. 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.

13. Section 10 of the Act is repealed.

2000, c. 12, s. 117

14. 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

    (a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and

    (b) in respect of which

      (i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,

      (ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or

      (iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

Next of kin of grandfathered individuals

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

15. Sections 17 and 18 of the Act are replaced by the following:

Places where prohibited and restricted firearms may be possessed

17. Subject to sections 19 and 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 recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

16. (1) The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following:

Transporting and using prohibited firearms or restricted firearms

19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(2) Subsection 19(1) of the Act is amended by adding the following after paragraph (a):

    (a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister;

(3) Subsection 19(2) of the Act is replaced by the following:

Exception for automatic firearms

(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).

Non-residents

(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.

17. Section 23 of the Act is replaced by the following:

Authoriza-
tion to transfer firearms

23. (1) A person may transfer a firearm if, at the time of the transfer,

    (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

    (b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

    (c) the person informs the Registrar of the transfer;

    (d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

    (e) a new registration certificate for the firearm is issued in accordance with this Act; and

    (f) the prescribed conditions are complied with.

Notice

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

18. Paragraphs 24(2)(b) and (c) of the Act are replaced by the following:

    (c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and

19. Section 26 of the Act is replaced by the following:

Authoriza-
tion to transfer firearms to the Crown, etc.

26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.

Authoriza-
tion to transfer prohibited weapons, etc., to the Crown, etc.

(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, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

20. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:

Chief firearms officer

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall

(2) Paragraphs 27(b) and (c) of the Act are replaced by the following:

    (b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), 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;

    (c) decide whether to approve the transfer and inform the Registrar of that decision; and

21. The portion of section 28 of the Act before paragraph (a) is replaced by the following:

Permitted purposes

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

22. Subsection 29(7) of the French version of the Act is replaced by the following: