Bill C-349

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-349

An Act to amend the Criminal Code (body armour)

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

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

2. The Act is amended by adding the following after section 87:

3. (1) The portion of subsection 109(1) of the French version of the Act before paragraph (a) is replaced by the following:

109. (1) Le tribunal doit, en plus de toute autre peine qu’il lui inflige ou de toute autre condition qu’il lui impose dans l’ordonnance d’absolution, rendre une ordonnance interdisant au contrevenant d’avoir en sa possession des armes à feu, arbalètes, tenues de protection, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives pour la période fixée en application des paragraphes (2) ou (3), lorsqu’il le déclare coupable ou l’absout en vertu de l’article 730, selon le cas :

(2) Paragraph 109(1)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 87.1(1) (using body armour in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

(3) Paragraph 109(1)(d) of the Act is replaced by the following:

(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a body armour, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

(4) The portion of subsection 109(1) of the English version of the Act after paragraph (d) is replaced by the following:

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, body armour, 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) or (3), as the case may be.

(5) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, body armour, restricted weapon, ammunition and explosive substance during the period that

(6) Subsection 109(3) of the English version of the Act is replaced by the following:

(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, body armour, restricted weapon, ammunition and explosive substance for life.