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Bill C-21

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-21
An Act to amend certain Acts and to make certain consequential amendments (firearms)
FIRST READING, February 16, 2021
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90968


SUMMARY

This enactment amends the Criminal Code to, among other things,
(a)increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b)establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order;
(c)deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d)create a new offence for altering a cartridge magazine to exceed its lawful capacity; and
(e)authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.‍07.
The enactment also amends the Firearms Act to, among other things,
(a)limit the possession of firearms listed in the regulations made by Order in Council P.‍C. 2020-298 of May 1, 2020 and registered as SOR/2020-96, and of non-restricted and restricted firearms that become prohibited by regulation;
(b)transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c)impose requirements in respect of the importation of ammunition;
(d)require that the holders of a licence authorizing the possession of a handgun comply with the requirements and prohibitions relating to the storage and transporting of handguns within a municipality in which a by-law establishing those requirements and prohibitions is in force if the Minister of Public Safety and Emergency Preparedness is notified of the by-law in the prescribed manner, and provide for exceptions to that requirement;
(e)require that the Commissioner of Firearms maintain a publicly available list of the municipalities in which such requirements and prohibitions apply;
(f)authorize a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g)require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence or registration certificate has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h)authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(i)provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(j)create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a)provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b)permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a)designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b)specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c)correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to amend certain Acts and to make certain consequential amendments (firearms)
Criminal Code
1
Firearms Act
Amendments to the Act
15
Transitional Provision
40
Pending reference
Nuclear Safety and Control Act
41
Immigration and Refugee Protection Act
44
Consequential Amendments
56
An Act to amend certain Acts and Regulations in relation to firearms
58
Immigration and Refugee Protection Regulations
Coordinating Amendments
61
2019, c. 9
Coming into Force
62
Order in council


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-21
An Act to amend certain Acts and to make certain consequential amendments (firearms)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-46

Criminal Code

1(1)The definition replica firearm in subsection 84(1) of the Criminal Code is replaced by the following:
replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)
(2)Section 84 of the Act is amended by adding the following after subsection (3.‍1):
Certain firearms deemed to be prohibited devices
(3.‍2)For the purposes of sections 99 to 101, 103 to 107 and 117.‍03, a firearm is deemed to be a prohibited device if
(a)it is proved that the firearm is not designed or adapted to discharge 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; and
(b)the firearm is designed or intended to exactly resemble, or to resemble with near precision, a firearm, other than an antique firearm, that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules.
2The Act is amended by adding the following after section 104:
Offence Relating to Altering Cartridge Magazine
Altering cartridge magazine
104.‍1(1)Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device.
Punishment
(2)Every person who commits an offence under subsection (1)
(a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)is guilty of an offence punishable on summary conviction.
3Paragraph 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), 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 104.‍1(1) (altering cartridge magazine) or section 264 (criminal harassment),
4The Act is amended by adding the following after section 110:
Application for emergency prohibition order
110.‍1(1)Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
Emergency prohibition order
(2)If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.
Service of order
(3)A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.
Warrant to search and seize
(4)If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (2) possesses, in a building, receptacle or place, any thing the possession of which is prohibited by the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
Search and seizure without warrant
(5)If, in respect of a person who is subject to an order made under subsection (2), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may, where the grounds for obtaining a warrant under subsection (4) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
Return to provincial court judge or justice
(6)A peace officer who executes a warrant referred to in subsection (4) or who conducts a search without a warrant under subsection (5) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing
(a)in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and
(b)in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.
Return of things and documents
(7)Any things or documents seized under subsection (4) or (5) from a person against whom an order has been made under subsection (2) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person
(a)if no date is fixed under subsection 110.‍2(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the expiry of the period specified in the order made against the person under subsection (2);
(b)if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or
(c)despite paragraphs (a) and (b), if the order made against the person under subsection (2) is revoked, as soon as feasible after the day on which it is revoked.
Application of sections 113, 114 and 116
(8)Sections 113, 114 and 116 apply in respect of every order made under subsection (2).
Definition of provincial court judge
(9)In this section and sections 110.‍2, 111, 112, 117.‍0101, 117.‍0102, 117.‍011 and 117.‍012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.
Order under subsection 111(5)
110.‍2(1)If a provincial court judge makes an order under subsection 110.‍1(2), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 111(1), and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 111(5) is sought.
Clarification — application for order
(2)For the purpose of this section
(a)the application for the order referred to in subsection 110.‍1(2) is deemed, except for the purpose of subsection 111(2), to be an application made under subsection 111(1); and
(b)if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 110.‍1(2), the Attorney General of the province in which the application was made or, if the application was made in a territory, the Attorney General of Canada, becomes the applicant, in their place, in the application made under subsection 111(1).
Date for hearing
(3)The date fixed for the hearing must be before the expiry of the period for which the order made under subsection 110.‍1(2) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 111(5) is sought, adjourn the hearing.
Requirement relating to notice
(4)If the Attorney General becomes, under paragraph (2)‍(b), the applicant in an application made under subsection 111(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of the date fixed under subsection (1) to be served on that Attorney General.
Cancellation of hearing
(5)If a provincial court judge revokes an order made under subsection 110.‍1(2) against a person before the application for an order sought under subsection 111(5) against the person is heard, the judge shall cancel the hearing.
5Subsection 111(11) of the Act is repealed.
6Section 112 of the Act is replaced by the following:
Revocation of prohibition order under subsection 110.‍1(2) or 111(5)
112A provincial court judge may, on application by the person against whom an order is made under subsection 110.‍1(2) or 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.
7Subsection 113(4) of the Act is replaced by the following:
When order can be made
(4)For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 110.‍1(2), 111(5), 117.‍05(4) or 515(2), paragraph 732.‍1(3)‍(d) or subsection 810(3).
8Subsection 115(1.‍1) of the Act is replaced by the following:
Exception
(1.‍1)Subsection (1) does not apply in respect of an order made under subsection 110.‍1(2) or section 515.
9Subsection 116(2) of the Act is replaced by the following:
Duration of revocation or amendment
(2)An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under subsection 110.‍1(2) or section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.
10The Act is amended by adding the following after the heading before section 117.‍011:
Application for emergency limitations on access order
117.‍0101(1)Any person may make an ex parte application to a provincial court judge for an order under this section if the person believes on reasonable grounds that
(a)the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and
(b)the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.
Emergency limitations on access order
(2)If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order in respect of the person against whom the order is sought, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made, imposing any terms and conditions on the person’s use and possession of any thing referred to in subsection (1) that the judge considers appropriate.
Service of order
(3)A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.
Terms and conditions
(4)In determining terms and conditions under subsection (2), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.
Warrant to search and seize
(5)If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (2) possesses, in a building, receptacle or place, any thing the use and possession of which is subject to terms and conditions under the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing that is in the possession of the person.
Search and seizure without warrant
(6)If, in respect of a person who is subject to an order made under subsection (2), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the use and possession of which is subject to terms and conditions under the order, the peace officer may, where the grounds for obtaining a warrant under subsection (5) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing that is in the possession of the person.
Return to provincial court judge or justice
(7)A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing
(a)in the case of an execution of a warrant, the things, if any, seized and the date of execution of the warrant; and
(b)in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things, if any, seized.
Requirement to surrender
(8)A provincial court judge who makes an order against a person under subsection (2) may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer any thing the use or possession of which is subject to terms and conditions under the order that is in the possession of the person on the day on which the order is made, if the judge is satisfied by information on oath that it is not desirable in the interests of the safety of any person for the person to possess the thing, and if the judge does so, they shall specify in the order a reasonable period for surrendering the thing.
Condition
(9)A provincial court judge may issue a warrant under subsection (5) or make an order under subsection (8) only if they are satisfied that there is no other way to ensure that the terms and conditions of the order made under subsection (2) can reasonably be complied with.
Return of things before expiry or revocation of order
(10)A peace officer who has seized any thing under subsection (5) or (6), and a peace officer, a firearms officer or a chief firearms officer to whom any thing has been surrendered under subsection (8), may, before the expiry or revocation of the order made under subsection (2), on being issued a receipt for it, return the thing to the person from whom it was seized or who surrendered it, if the peace officer, firearms officer or chief firearms officer, as the case may be, has reasonable grounds to believe that the person will comply with the terms and conditions of the order as to the use and possession of the thing.
Return of things after expiry or revocation of order
(11)Any things seized under subsection (5) or (6) from a person against whom an order has been made under subsection (2) and any things surrendered by the person under subsection (8) shall, unless already returned in accordance with subsection (10), be returned to the person
(a)if the order made against the person under subsection (2) is revoked, as soon as feasible after the day on which it is revoked; or
(b)in any other case, as soon as feasible after the expiry of the period specified in the order made against the person under subsection (2).
Order under subsection 117.‍011(5)
117.‍0102(1)If a provincial court judge makes an order under subsection 117.‍0101(2), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 117.‍011(1), and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 117.‍011(5) is sought.
Clarification — application for order
(2)For the purpose of this section,
(a)the application for the order referred to in subsection 117.‍0101(2) is deemed, except for the purpose of subsection 117.‍011(2), to be an application made under subsection 117.‍011(1); and
(b)if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 117.‍0101(2), the Attorney General of the province in which the application was made or, if the application was made in a territory, the Attorney General of Canada, becomes the applicant, in their place, in the application made under subsection 117.‍011(1).
Date for hearing
(3)The date fixed for the hearing must be before the expiry of the period for which the order made under subsection 117.‍0101(2) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 117.‍011(5) is sought, adjourn the hearing.
Requirement relating to notice
(4)If the Attorney General becomes, under paragraph (2)‍(b), the applicant in an application made under subsection 117.‍011(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of the date fixed under subsection (1) to be served on that Attorney General.
Cancellation of hearing
(5)If a provincial court judge revokes an order made under subsection 117.‍0101(2) against a person before the application for an order sought under subsection 117.‍011(5) against the person is heard, the judge shall cancel the hearing.
11Section 117.‍012 of the Act is replaced by the following:
Revocation of order under subsection 117.‍0101(2) or 117.‍011(5)
117.‍012A provincial court judge may, on application by the person against whom an order is made under subsection 117.‍0101(2) or 117.‍011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.
12Subsection 117.‍07(2) of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after paragraph (h):
(i)a person employed by the Bank of Canada or the Royal Canadian Mint who is responsible for the security of its facilities; or
(j)a person employed by any federal agency or body, other than a person employed in the federal public administration, who is responsible for the security of that agency’s or body’s facilities and is prescribed to be a public officer.
13Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xviii):
(xviii.‍1)section 104.‍1 (altering cartridge magazine),
Replacement of “10” and “ten” with “14”
14The Act is amended by replacing “10” and “ten” with “14” in the following provisions:
(a)paragraph 95(2)‍(a);
(b)paragraph 96(2)‍(a);
(c)the portion of subsection 99(2) before paragraph (a) and subsection 99(3);
(d)the portion of subsection 100(2) before paragraph (a) and subsection 100(3); and
(e)the portion of subsection 103(2) before paragraph (a) and subsection 103(2.‍1).
1995, c. 39

Firearms Act

Amendments to the Act

15(1)Subsection 12(1) of the Firearms Act is replaced by the following:
Prohibited firearms — individuals
12(1)An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section and section 12.‍01.
(2)Subsections 12(8) and (9) of the Act are repealed.
16The Act is amended by adding the following after section 12:
Non-permissive storage — May 1, 2020 prohibition by Order in Council
12.‍01(1)An individual is eligible to hold a licence authorizing the individual to possess a firearm that was prescribed to be a prohibited firearm by the Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, made by Order in Council P.‍C. 2020-298 of May 1, 2020 and registered as SOR/2020-96, if
(a)the individual possessed the firearm on the prescribed date, or had acquired it by that day;
(b)in the case where the firearm was a restricted firearm, on that day, the individual held a registration certificate for the firearm or had applied for a registration certificate that was subsequently issued for the firearm;
(c)before the prescribed date, the individual applied for a registration certificate that was subsequently issued for the firearm and provided the prescribed information relating to the storage of the firearm to a chief firearms officer; and
(d)beginning on the prescribed date, the individual provides the information referred to in paragraph (c) to a chief firearms officer
(i)when an application is made to renew the licence,
(ii)when an application is made for an authorization to transport the firearm for storage, and
(iii)within 30 days after the day on which a prescribed change is made with respect to the storage of the firearm at the place where the firearm is stored.
Non-permissive storage — regulations re prohibited firearms
(2)An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess a firearm prescribed by a provision of regulations made under section 117.‍15 of the Criminal Code to be a prohibited firearm if
(a)the individual possessed the firearm on the prescribed date, or had acquired it by that day;
(b)in the case where the firearm was a restricted firearm, on that day, the individual held a registration certificate for the firearm or had applied for a registration certificate that was subsequently issued for the firearm;
(c)before the prescribed date, the individual applied for a registration certificate that was subsequently issued for the firearm and provided the prescribed information relating to the storage of the firearm to a chief firearms officer; and
(d)beginning on the prescribed date, the individual provides the information referred to in paragraph (c) to a chief firearms officer
(i)when an application is made to renew the licence,
(ii)when an application is made for an authorization to transport the firearm for storage, and
(iii)within 30 days after the day on which a prescribed change is made with respect to the storage of the firearm at the place where the firearm is stored.
No further acquisition
(3)A licence referred to in subsection (1) or (2) does not authorize the holder to acquire any prohibited firearms referred to in that subsection.
Exception — upper receiver
12.‍02The upper receiver of a firearm referred to in item 87 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted for which an individual holds a licence referred to in subsection 12.‍01(1) is not considered to be a prohibited device if the firearm is equipped with it on the date referred to in paragraph 12.‍01(1)‍(a) and it remains attached to the firearm.
17Section 17 of the Act is replaced by the following:
Places where prohibited and restricted firearms may be possessed
17Subject 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 business or any other place authorized by a chief firearms officer.
18(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)Subject to paragraph 58.‍01(1)‍(b), 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)Subsections 19(1.‍1) and (2) of the Act are replaced by the following:
Target practice or competition
(1.‍1)In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Exception for prohibited firearms other than prohibited handguns
(2)Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) — between specified places except
(a)in the case of a prohibited firearm referred to in subsection 12.‍01(1) or (2), for the purposes referred to in subparagraphs (1)‍(b)‍(i) to (iii); and
(b)in all other cases, for the purposes referred to in paragraph (1)‍(b).
(3)The portion of subsection 19(2.‍1) of the Act before paragraph (a) is replaced by the following:
Automatic authorization to transport — licence renewal
(2.‍1)Subject to subsection (2.‍3), an individual who holds a licence authorizing the individual to possess prohibited firearms — other than prohibited firearms referred to in subsection 12.‍01(1) or (2) — or restricted firearms must, if the licence is renewed, be authorized to transport them within the individual’s province of residence
(4)Section 19 of the Act is amended by adding the following after subsection (2.‍1):
Exception — paragraph 58.‍01(1)‍(b)
(2.‍11)Despite subsection (2.‍1), an individual must not be authorized under that subsection to transport a handgun — other than a handgun referred to in subsection 58.‍01(7) — to or from a place that is within the boundaries of a municipality where the conditions referred to in paragraph 58.‍01(1)‍(b) apply.
19Section 20 of the French version of the Act is replaced by the following:
Port d’armes à feu à autorisation restreinte et d’armes de poing
20Le particulier titulaire d’un permis de possession d’armes à feu à autorisation restreinte ou d’armes de poing visées au paragraphe 12(6.‍1) (armes de poing : 1er décembre 1998) peut être autorisé à en posséder une en particulier en un lieu autre que celui où il est permis de la posséder, s’il en a besoin :
a)soit pour protéger sa vie ou celle d’autrui;
b)soit pour usage dans le cadre de son activité professionnelle légale.
20The portion of subsection 23.‍2(1) of the Act before paragraph (a) is replaced by the following:
Authorization to transfer prohibited or restricted firearms
23.‍2(1)A person may transfer a prohibited firearm — other than a prohibited firearm referred to in subsection 12.‍01(1) or (2) — or a restricted firearm if, at the time of the transfer,
21Section 32 of the Act is replaced by the following:
Mail-order transfers of firearms
32A person may transfer a firearm by mail only if the prescribed conditions are complied with and the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30 and 31 take place within a reasonable period before the transfer in the prescribed manner.
22The Act is amended by adding the following after section 36:
Importation of ammunition — individuals
37(1)An individual may import ammunition — other than prohibited ammunition — only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.
Exception — non-residents
(2)Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import ammunition — other than prohibited ammunition — if they declare the ammunition to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the ammunition.
Non-compliance
(3)If any of the requirements of subsections (1) or (2) are not complied with, the customs officer may authorize the ammunition to be exported from that customs office or may detain the ammunition and give the individual a reasonable time to comply with those requirements.
Disposal of ammunition
(4)If those requirements are not complied with within a reasonable time and the ammunition is not exported, a customs officer shall lawfully dispose of the ammunition.
Non-compliance
(5)A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,
(a)the non-resident has not truthfully completed the prescribed form; or
(b)the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.
23Paragraph 54(2)‍(a) of the Act is replaced by the following:
(a)a chief firearms officer, in the case of a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport;
(a.‍1)the Commissioner, in the case of an authorization to carry referred to in paragraph 20(a); or
24Section 57 of the Act is replaced by the following:
Authorizations to carry or transport
57A chief firearms officer is responsible for issuing authorizations to carry referred to in paragraph 20(b) and authorizations to transport.
Authorizations to carry referred to in paragraph 20(a)
57.‍1The Commissioner is responsible for issuing authorizations to carry referred to in paragraph 20(a).
25Subsections 58(1) and (1.‍1) of the Act are replaced by the following:
Conditions — chief firearms officer
58(1)A chief firearms officer who issues a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport may attach any condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.
Exception — licence or authorization
(1.‍1)However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport is subject to the regulations.
Conditions — Commissioner
(1.‍2)Subject to the regulations, the Commissioner may attach any reasonable condition to an authorization to carry referred to in paragraph 20(a) that the Commissioner considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.
26The Act is amended by adding the following after section 58:
Conditions — by-law
58.‍01(1)Subject to subsection (2), the following conditions are attached to a licence authorizing an individual to possess a handgun:
(a)the individual must not — within the boundaries of a municipality — store a handgun at a place other than a business that is the holder of a licence that authorizes it to store prohibited firearms or restricted firearms, in the case where
(i)a by-law to that effect is in force in the municipality,
(ii)the municipality has notified the federal Minister, in the prescribed manner, of the passing of the by-law, and
(iii)the municipality has provided the prescribed information to the federal Minister, or a person designated by that Minister, in the prescribed manner;
(b)the individual must not store a handgun within the boundaries of a municipality and must not transport it to or from a place within those boundaries other than to or from a place a peace officer, firearms officer or chief firearms officer is located, to a port of exit in order to take it outside Canada, or from a port of entry in order to bring it inside Canada, in the case where
(i)a by-law to that effect is in force in the municipality,
(ii)the municipality has notified the federal Minister, in the prescribed manner, of the passing of the by-law, and
(iii)the municipality has provided the prescribed information to the federal Minister, or a person designated by that Minister, in the prescribed manner; and
(c)the individual must comply with any prescribed requirements relating to the storage — within the boundaries of a municipality — of a handgun, in the case where
(i)a by-law to that effect is in force in the municipality,
(ii)the municipality has notified the federal Minister, in the prescribed manner, of the passing of the by-law, and
(iii)the municipality has provided the prescribed information to the federal Minister, or a person designated by that Minister, in the prescribed manner.
Application of conditions
(2)The conditions referred to in paragraphs (1)‍(a) to (c) apply only if a period of 180 days has elapsed since the day on which a notice is sent by the federal Minister to a municipality under subsection (3).
Notice to municipality
(3)The federal Minister must notify the municipality once the federal Minister is satisfied that the criteria referred to in paragraph (1)‍(a), (b) or (c) has been met, as the case may be.
Notice — application of condition
(4)After a notification has been sent to a municipality under subsection (3), the Registrar must give notice, in the prescribed manner, to the holders of a registration certificate who store a handgun in the municipality in question, of
(a)the date on which a condition referred to in paragraph (1)‍(a), (b) or (c) applies; and
(b)the obligations with which the holders must comply.
Notice to federal Minister
(5)A municipality must notify the federal Minister, in the prescribed manner, once a by-law referred to in subsection (1) is no longer in force.
Notice to licence holders
(6)After a notice referred to in subsection (5) is received by the federal Minister or if the Registrar otherwise becomes aware that a by-law referred to in subsection (1) has ceased to be in force, the Registrar must give notice, in the prescribed manner, to the holders of a licence authorizing the holder to possess prohibited firearms or restricted firearms who reside in the municipality in question of the date on which a condition ceases to apply.
Exceptions
(7)The conditions referred to in paragraphs (1)‍(a) to (c) do not apply to a handgun
(a)that has been declared, in the prescribed manner, by an individual who holds a licence authorizing the individual to possess the handgun to be necessary for their training for a prescribed sporting competition;
(b)for which an individual holds an authorization to carry; or
(c)in the prescribed circumstances or for a prescribed purpose.
Publication by the Commissioner
(8)The Commissioner must maintain a publicly available list of the municipalities where a condition referred to in subsection (1) applies.
27Subsection 67(1) of the Act is replaced by the following:
Renewal — chief firearms officer
67(1)A chief firearms officer may renew a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport in the prescribed manner.
Renewal — Commissioner
(1.‍1)The Commissioner may renew an authorization to carry referred to in paragraph 20(a) in the prescribed manner.
28The heading before section 68 of the Act is replaced by the following:
Refusal to Issue, Suspension and Revocation
29Section 68 of the Act is replaced by the following:
Refusal to issue — chief firearms officer
68(1)A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason.
Refusal to issue — Commissioner
(2)The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason.
30The Act is amended by adding the following after section 69:
Suspension
69.‍1(1)If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, that the holder of a licence is no longer eligible to hold the licence, they may suspend, in respect of a licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days.
Notice
(2)A chief firearms officer shall give notice in writing of the suspension to the holder of the licence. The notice shall include reasons for the decision, the nature of the information relied on for the decision, the period of the suspension and a copy of this section and sections 69.‍2 and 70.
Non-disclosure of information
(3)A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person.
Termination of suspension
(4)A chief firearms officer shall terminate the suspension at the expiry of the period referred to in subsection (2) or, if they are satisfied that the grounds for the suspension no longer exist, at any time before the expiry of that period. The chief firearms officer shall give notice in writing of the termination of the suspension to the holder of the licence.
Prohibition on use, acquisition and importation
69.‍2The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.‍1(1).
31(1)The portion of subsection 70(1) 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 referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — for any good and sufficient reason including, without limiting the generality of the foregoing,
(2)Subsection 70(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.‍1)where the holder of the licence uses, acquires or imports a firearm while their authorizations to do so are suspended under subsection 69.‍1(1); or
32Section 71 of the Act is amended by adding the following after subsection (2):
Automatic revocation of registration certificate
(3)A registration certificate for a handgun is automatically revoked on the failure of the holder to provide to a chief firearms officer, during the 180 day period referred to in subsection 58.‍01(2), the information required to update the registration certificate for that handgun.
33Subsection 72(6) of the Act is replaced by the following:
Reference
(6)If the applicant for or holder of a licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74 they shall, within 30 days after referring the matter, deliver to a peace officer or otherwise lawfully dispose of any firearm that they possess. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder during that time.
Order — return of firearm
(7)If the decision of the chief firearms officer or the Registrar is confirmed, the judge shall, if a firearm was delivered to a peace officer under subsection (6), order the return of the firearm to the applicant for or holder of the licence or registration certificate, in order for the applicant or holder to lawfully dispose of it.
Conditions
(8)When making an order under subsection (7), the judge may impose any conditions that they consider appropriate in the interests of the safety of the applicant for or holder of the licence or registration certificate or any other person, including
(a)the time within which and manner in which the firearm is to be returned;
(b)the manner in which the applicant or holder is to have access to the firearm during the period beginning with the return of the firearm and ending with its disposal; and
(c)the manner in which the firearm is to be disposed of.
Effect
(9)An order made under subsection (7) takes effect on
(a)the day on which the appeal period expires, if no appeal is made; or
(b)the day on which a final determination is made in respect of the appeal, if an appeal is made and the decision of the chief firearms officer or the Registrar is confirmed.
If decision confirmed
(10)If the decision of the chief firearms officer or the Registrar is confirmed, the applicant for or holder of the licence or registration certificate must lawfully dispose of a firearm that was delivered to a peace officer under subsection (6) within 30 days after the day on which the firearm is returned to them. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder during that time.
34Subsection 87(1) of the Act is amended by adding the following after paragraph (b):
(b.‍1)every licence that is the subject of a suspension under section 69.‍1 and whether the suspension was terminated;
35The Act is amended by adding the following after section 88:
Disclosure of Information
Authorization to disclose
88.‍1(1)If the Commissioner, the Registrar or a chief firearms officer has reasonable grounds to suspect that an individual is using or has used a licence to transfer or offer to transfer a firearm for the purpose of committing an offence referred to in subsection 99(1) or 100(1) of the Criminal Code, the Commissioner, the Registrar or the chief firearms officer may disclose, for the purpose of investigating or prosecuting an offence under that subsection, the following information to a law enforcement agency:
(a)the individual’s name, date of birth and address;
(b)the licence number and province of issuance of the individual’s most recent licence and the dates of issue of the first licence and most recent licence issued to the individual;
(c)a list of all restricted and prohibited firearms acquired by the individual and whether they were acquired from a business or an individual;
(d)the number, date of issue and expiration date of the registration certificates for all firearms for which the individual was issued a registration certificate and the firearm identification number of those firearms;
(e)the serial number, make, model, manufacturer, calibre and barrel length of all firearms for which the individual was issued a registration certificate;
(f)whether a firearm for which the individual was issued a registration certificate has been transferred or reported lost or stolen; and
(g)any other prescribed information.
For greater certainty
(2)For greater certainty, nothing in subsection (1) is intended to derogate from the powers conferred on the Commissioner, the Registrar or a chief firearms officer under this Act or any other Act of Parliament or an Act of a provincial legislature or the common law to disclose information to a law enforcement agency.
36Subsection 93(1) of the Act is replaced by the following:
Report to federal Minister
93(1)The Commissioner shall, no later than May 31 of each 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.
Information on disclosures
(1.‍1)Each report shall include information relating to the disclosures made under section 88.‍1 during the period to which the report relates, including the number of disclosures made to a law enforcement agency.
37The Act is amended by adding the following after section 111:
Advertising
112(1)Every business or every person referred to below commits an offence that advertises a firearm in a manner that depicts, counsels or promotes violence against a person:
(a)a person who is an owner of or partner in the business;
(b)if the business is a corporation, a person who is a director or officer of the corporation;
(c)a person who has a relationship with a person referred to in paragraph (a) or (b) and who has a direct influence on the operations of the business.
Punishment
(2)Every business that, or every person referred to in paragraph (1)‍(a), (b) or (c) who, commits an offence under subsection (1)
(a)is guilty of an indictable offence and liable to imprisonment
(i)in the case of a first offence, for a term not exceeding two years, and
(ii)in the case of a second or subsequent offence, for a term not exceeding five years; or
(b)is guilty of an offence punishable on summary conviction.
38(1)Section 117 of the Act is amended by adding the following after paragraph (i):
(i.‍1)respecting the storage of handguns, including restrictions and prohibitions relating to their storage, and the conditions attached to a licence that require compliance with those restrictions and prohibitions;
(2)Paragraph 117(k.‍3) of the Act is replaced by the following:
(k.‍3)respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)‍(b) and the confirmation of declarations for the purposes of subsection 37(2);
(k.‍4)respecting the disposal of ammunition referred to in subsection 37(4);
39Paragraph 120(2)‍(b) of the Act is replaced by the following:
(b)in the case of an individual referred to in subsection 12(2), (3), (4), (5) or (6), to acquire and possess any prohibited firearms referred to in that subsection that are acquired by the holder on or after the commencement day; and

Transitional Provision

Pending reference
40Subsection 72(6) of the Firearms Act, as it read immediately before the day on which section 33 comes into force, continues to apply in respect of an applicant for or holder of a licence or registration certificate who referred the refusal to issue it or revocation of it to a provincial court judge under section 74 of the Firearms Act before that day if, on that day, the reference has not been finally disposed of.
1997, c. 9

Nuclear Safety and Control Act

41Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order:
firearm has the same meaning as in section 2 of the Criminal Code.‍ (arme à feu)
high-security site means a nuclear facility where Category I nuclear material or Category II nuclear material, as those terms are defined in section 1 of the Nuclear Security Regulations, is processed, used or stored.‍ (site à sécurité élevée)
nuclear security officer means an employee who is designated as a nuclear security officer under subsection 27.‍1(2).‍ (agent de sécurité nucléaire)
on-site nuclear response force means the on-site nuclear response force referred to in subsection 27.‍2(1).‍ (force d’intervention nucléaire interne)
prohibited device has the same meaning as in subsection 84(1) of the Criminal Code.‍ (dispositif prohibé)
prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code. (arme prohibée)
42The Act is amended by adding the following after section 27:
High-security Sites
Security at site
27.‍1(1)A licensee who operates a high-security site is responsible for ensuring the security of the site in accordance with section 27.‍2 and the prescribed requirements.
Nuclear security officers
(2)The licensee may, in accordance with the regulations,
(a)designate as a nuclear security officer any employee of the licensee who meets the prescribed requirements; and
(b)suspend or revoke the designation.
Restriction
(3)An employee designated as a nuclear security officer may exercise the powers and perform the duties and functions of a nuclear security officer only if they are designated as a peace officer under subsection 27.‍3(1).
Preservation and maintenance of public peace
(4)A nuclear security officer’s duties include the preservation and maintenance of the public peace at the high-security site.
On-site nuclear response force
27.‍2(1)A licensee who operates a high-security site shall at all times maintain an on-site nuclear response force that is composed of nuclear security officers who are
(a)designated as peace officers under subsection 27.‍3(1);
(b)trained in the handling and use of firearms, prohibited weapons and prohibited devices and qualified to handle and use them;
(c)posted to the high-security site on a permanent basis; and
(d)armed and equipped in accordance with the regulations.
Additional training
(2)If the licensee acquires any firearms, prohibited weapons or prohibited devices in accordance with an authorization granted under subsection 27.‍4(1), the licensee shall ensure that the members of the on-site nuclear response force are trained in the handling and use of those firearms, prohibited weapons or prohibited devices and that the members are qualified to handle and use them.
Exemption
(3)The licensee is not required to comply with subsection (1) if the licensee
(a)makes on-site security arrangements with a local, provincial or federal police service or with the Canadian Forces that meet the prescribed requirements and are approved by the Commission; or
(b)takes other security measures that meet the prescribed requirements and are approved by the Commission.
Peace officer designation
27.‍3(1)The Commission may, in accordance with the regulations,
(a)designate any nuclear security officer as a peace officer for a high-security site; and
(b)suspend or revoke the designation.
Effect of designation
(2)Subject to subsection (3), a nuclear security officer who is designated as a peace officer is a peace officer within the meaning of the Criminal Code for the purpose of performing their duties and functions at the high-security site for which they are designated and for the purpose of performing any prescribed off-site duties and functions that are ancillary to their duties and functions at the site.
Limits on powers
(3)A nuclear security officer who is designated as a peace officer may exercise only the following powers as a peace officer and may do so only at the high-security site for which they are designated:
(a)verifying the identity of any individual;
(b)conducting searches of individuals and things;
(c)arresting without a warrant, in accordance with the Criminal Code, any individual whom the nuclear security officer finds committing an offence under this Act, the Criminal Code or the Controlled Drugs and Substances Act that poses a risk to the safety or security of the site or any individual whom the nuclear security officer believes on reasonable grounds has committed or is about to commit such an offence at the site; and
(d)seizing any thing
(i)that the nuclear security officer believes on reasonable grounds poses a risk to the safety or security of the site, or
(ii)in relation to which the nuclear security officer believes on reasonable grounds that an offence referred to in paragraph (c) has been, is being or is about to be committed.
Use of force
(4)Subsections 25(1), (3) and (4) of the Criminal Code apply to a nuclear security officer who is designated as a peace officer only when they are exercising their powers as a peace officer at the high-security site for which they are designated.
Arrested individuals and seized things
(5)If a nuclear security officer who is designated as a peace officer arrests an individual under paragraph (3)‍(c) or seizes a thing under paragraph (3)‍(d), the nuclear security officer shall arrange for the appropriate police service to take custody of the individual or thing as soon as feasible after the arrest or seizure.
Complaints process
(6)The Commission shall, in accordance with the regulations, ensure that there is a process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers.
Firearms, prohibited weapons and prohibited devices
27.‍4(1)Despite Part III of the Criminal Code and the Firearms Act, and subject to subsection (2), the Commission may grant an authorization, with or without conditions, to a licensee who operates a high-security site to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices in order to carry out the responsibility referred to in subsection 27.‍1(1).
Restriction
(2)An authorization granted under subsection (1) may authorize a licensee to transfer firearms, prohibited weapons and prohibited devices only to a public service agency or to another licensee to whom an authorization has been granted under that subsection.
Transfer to licensee
(3)Despite Part III of the Criminal Code and the Firearms Act, the Commission, a public service agency or any person in lawful possession of firearms, prohibited weapons or prohibited devices may transfer firearms, prohibited weapons and prohibited devices to a licensee to whom an authorization has been granted under subsection (1).
Reporting to Registrar of Firearms
(4)A licensee to whom an authorization is granted under subsection (1) shall, as if the licensee were a public service agency, provide the Registrar of Firearms referred to in section 82 of the Firearms Act with the advisory information referred to in section 12 of the Public Agents Firearms Regulations and the reports referred to in sections 8 to 10, 11, 13, 14 and 16 of those Regulations. However, any reference to “October 31, 2008” in those Regulations is to be read as a reference to the day on which the authorization is granted to the licensee and any reference to “October 31, 2009” in those Regulations is to be read as a reference to the first anniversary of the day on which the authorization is granted.
Reporting to Commission
(5)A licensee to whom an authorization is granted under subsection (1) shall, in accordance with the regulations, report to the Commission with respect to the advisory information and reports that the licensee provides under the Public Agents Firearms Regulations.
Definition of public service agency
(6)In this section, public service agency has the same meaning as in section 1 of the Public Agents Firearms Regulations.
Delegation to President
27.‍5The Commission may delegate to the President the powers conferred on it under subsection 27.‍3(1) or section 27.‍4.
43Subsection 44(1) of the Act is amended by adding the following after paragraph (m):
(m.‍1)respecting the designation of employees of a licensee who operates a high-security site as nuclear security officers and the suspension or revocation of those designations;
(m.‍2)respecting the powers, duties and functions of nuclear security officers, including
(i)any duties to be performed off-site that are ancillary to their duties at a high-security site, and
(ii)their powers, duties and functions as members of an on-site nuclear response force;
(m.‍3)respecting the carrying, handling, use, storage and transportation of prohibited weapons by nuclear security officers who are not members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions;
(m.‍4)respecting the carrying, handling, use, storage and transportation of firearms, prohibited weapons and prohibited devices by members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions;
(m.‍5)respecting the designation of nuclear security officers as peace officers and the suspension or revocation of those designations;
(m.‍6)respecting the process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers, including the filing and reviewing of complaints and the manner in which they are to be resolved;
(m.‍7)respecting authorizations granted under subsection 27.‍4(1);
(m.‍8)respecting the powers, duties and functions of the Registrar of Firearms in relation to the requirements set out in subsection 27.‍4(4), including the assignment of identification numbers to licensees and firearms;
(m.‍9)respecting a licensee’s obligation to report to the Commission under subsection 27.‍4(5);
2001, c. 27

Immigration and Refugee Protection Act

44Paragraph 4(2)‍(c) of the Immigration and Refugee Protection Act is replaced by the following:
(c)the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality, violating human or international rights or transborder criminality; or
45(1)Paragraphs 36(1)‍(a) to (c) of the French version of the Act are replaced by the following:
a)être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou d’une infraction prévue sous le régime d’une loi fédérale pour laquelle un emprisonnement de plus de six mois est infligé;
b)être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;
c)commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.
(2)Paragraphs 36(2)‍(a) to (c) of the French version of the Act are replaced by the following:
a)être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions prévues sous le régime de toute loi fédérale qui ne découlent pas des mêmes faits;
b)être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions qui ne découlent pas des mêmes faits et qui, commises au Canada, constitueraient des infractions sous le régime de toute loi fédérale;
c)commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation;
(3)Subsection 36(2) of the Act is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).
(4)Section 36 of the Act is amended by adding the following after subsection (2):
Transborder criminality
(2.‍1)A foreign national is inadmissible on grounds of transborder criminality for committing, on entering Canada, a prescribed offence under an Act of Parliament.
(5)The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following:
Application
(3)The following provisions govern subsections (1) to (2.‍1):
(6)Paragraph 36(3)‍(b) of the English version of the Act is replaced by the following:
(b)inadmissibility under subsections (1) to (2.‍1) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
(7)The portion of paragraph 36(3)‍(e) of the English version of the Act before subparagraph (i) is replaced by the following:
(e)inadmissibility under subsections (1) to (2.‍1) may not be based on an offence
46Paragraph 37(1)‍(a) of the French version of the Act is replaced by the following:
a)être membre d’une organisation dont il y a des motifs raisonnables de croire qu’elle se livre ou s’est livrée à des activités faisant partie d’un plan d’activités criminelles organisées par plusieurs personnes agissant de concert en vue de la perpétration d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de la perpétration, hors du Canada, d’une infraction qui, commise au Canada, constituerait une telle infraction, ou se livrer à des activités faisant partie d’un tel plan;
47Paragraph 55(3)‍(b) of the Act is replaced by the following:
(b)has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality.
48Paragraph 58(1)‍(c) of the Act is replaced by the following:
(c)the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality;
49Subsection 68(4) of the Act is replaced by the following:
Termination and cancellation
(4)If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.
50Paragraph 100(2)‍(b) of the French version of the Act is replaced by the following:
b)il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.
51Paragraphs 101(2)‍(a) and (b) of the French version of the Act are replaced by the following:
a)une déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;
b)une déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.
52Paragraph 103(1)‍(b) of the French version of the Act is replaced by the following:
b)il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.
53Subsection 105(1) of the French version of the Act is replaced by the following:
Sursis
105(1)La Section de la protection des réfugiés ou la Section d’appel des réfugiés sursoit à l’étude de l’affaire si la personne est visée par un arrêté introductif d’instance pris au titre de l’article 15 de la Loi sur l’extradition pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement d’une durée maximale égale ou supérieure à dix ans tant qu’il n’a pas été statué en dernier ressort sur la demande d’extradition.
54Paragraph 112(3)‍(b) of the French version of the Act is replaced by the following:
b)il est interdit de territoire pour grande criminalité pour déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou pour toute déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;
55(1)Subparagraph 113(e)‍(i) of the Act is replaced by the following:
(i)an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and
(2)Subparagraph 113(e)‍(ii) of the French version of the Act is replaced by the following:
(ii)celui qui est interdit de territoire pour grande criminalité pour déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans, sauf s’il a été conclu qu’il est visé à la section F de l’article premier de la Convention sur les réfugiés.

Consequential Amendments

2019, c. 9

An Act to amend certain Acts and Regulations in relation to firearms

56Subsection 3(2) of An Act to amend certain Acts and Regulations in relation to firearms is repealed.
57Subsection 4(2) of the Act is repealed.
SOR/2002-227

Immigration and Refugee Protection Regulations

58The portion of section 19 of the Immigration and Refugee Protection Regulations before paragraph (a) is replaced by the following:
Transborder crime
19For the purposes of subsection 36(2.‍1) of the Act, indictable offences under the following Acts of Parliament are prescribed:
59Paragraph 229(1)‍(d) of the Regulations is replaced by the following:
(d)a deportation order, if they are inadmissible under paragraph 36(2)‍(b) or (c) of the Act on grounds of criminality or under subsection 36(2.‍1) of the Act on grounds of transborder criminality;
60Paragraph 230(3)‍(c) of the Regulations is replaced by the following:
(c)is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.‍1) of the Act on grounds of transborder criminality;

Coordinating Amendments

2019, c. 9
61(1)In this section, other Act means An Act to amend certain Acts and Regulations in relation to firearms, chapter 9 of the Statutes of Canada, 2019.
(2)If subsection 3(2) of the other Act comes into force before section 56 of this Act, then
(a)that section 56 is deemed never to have come into force and is repealed; and
(b)subsection 15(2) of this Act is replaced by the following:
(2)Subsections 12(8) to (14) of the Act are repealed.
(3)If subsection 3(2) of the other Act comes into force on the same day as section 56 of this Act, then that section 56 is deemed to have come into force before that subsection 3(2).
(4)If subsection 4(2) of the other Act comes into force before section 57 of this Act, then that section 57 is deemed never to have come into force and is repealed.
(5)If subsection 4(2) of the other Act comes into force on the same day as section 57 of this Act, then that section 57 is deemed to have come into force before that subsection 4(2).
(6)If subsection 4(3) of the other Act comes into force before subsection 18(3) of this Act, then
(a)that subsection 18(3) is replaced by the following:
(3)Subsection 19(2.‍1) of the Act is replaced by the following:
Automatic authorization to transport — licence renewal
(2.‍1)An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.‍1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply
(a)to a restricted firearm or a handgun referred to in subsection 12(6.‍1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)‍(ii), for the purpose of having it form part of a gun collection; or
(b)to a handgun referred to in subsection 12(6.‍1), in the case where the shooting club or shooting range is within the boundaries of a municipality where the conditions referred to in paragraph 58.‍01(1)‍(b) apply.
(b)subsection 18(4) of this Act is repealed.
(7)If subsection 18(3) of this Act comes into force before subsection 4(3) of the other Act, then that subsection 4(3) is amended by replacing the subsection 19(2.‍1) that it enacts with the following:
Automatic authorization to transport — licence renewal
(2.‍1)An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.‍1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply
(a)to a restricted firearm or a handgun referred to in subsection 12(6.‍1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)‍(ii), for the purpose of having it form part of a gun collection; or
(b)to a handgun referred to in subsection 12(6.‍1), in the case where the shooting club or shooting range is within the boundaries of a municipality where the conditions referred to in paragraph 58.‍01(1)‍(b) apply.
(8)If subsection 18(3) of this Act and subsection 4(3) of the other Act come into force on the same day, then that subsection 4(3) is deemed to come into force before that subsection 18(3) and subsection (6) applies as a consequence.

Coming into Force

Order in council
62(1)Sections 15 and 16, subsections 18(2) and (3) and sections 20 and 39 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2)Section 17, subsections 18(1) and (4), sections 26 and 32 and subsection 38(1) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3)Sections 19, 23 to 25, 27 and 29 and subsection 31(1) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(4)Section 22 and subsection 38(2) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(5)Sections 28 and 30, subsection 31(2) and section 34 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(6)Sections 41 to 43 come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons

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