This enactment amends the Criminal Code to, among other things,

The enactment also amends the Firearms Act to, among other things,

The enactment also amends the Nuclear Safety and Control Act to, among other things,

The enactment also amends the Immigration and Refugee Protection Act to

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

Further definitions — firearms

Conditions — firearms

• (e) any unlawfully manufactured firearm regardless of the means or method of manufacture; (arme à feu prohibée)

• (e) a firearm that is not a handgun and that

  • (i) discharges centre-fire ammunition in a semi-automatic manner,

  • (ii) was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more, and

  • (iii) is designed and manufactured on or after the day on which this paragraph comes into force; (arme à feu prohibée)

prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)

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)

firearm part means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, unless otherwise prescribed, a barrel for a firearm or a slide for a handgun if that barrel or slide is designed exclusively for use on a firearm that is deemed under subsection 84(3) not to be a firearm; (pièce d’arme à feu)

semi-automatic, in respect of a firearm, means that the firearm that is equipped with a mechanism that, following the discharge of a cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge; (semi-automatique)

Punishment — firearm

Possession for purpose of weapons trafficking

Punishment — firearm

Transfer without authority

Computer Data Offence

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

• (b) is guilty of an offence punishable on summary conviction.

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• (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

• (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

Punishment — firearm

• (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

• (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

Offence Relating to Altering Cartridge Magazine

Altering cartridge magazine

Punishment

• (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.

• (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),

• (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), 102.‍1(1) (possession of computer data), 102.‍1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.‍1(1) (altering cartridge magazine) or section 264 (criminal harassment),

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  (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, 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,

the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, 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.

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

Duration of prohibition order — subsequent offences

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  (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

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, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order.

Application for emergency prohibition order

Hearing in private

Emergency prohibition order

Service of order

Warrant to search and seize

Search and seizure without warrant

Return to provincial court judge or justice

• (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

• (a) if no date is fixed under subsection 110.‍4(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the end of the period specified in the order made against the person under subsection (3);

• (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 (3) is revoked, as soon as feasible after the day on which it is revoked.

Application of sections 113, 114 and 116

Definition of provincial court judge

Order denying access to information

• (a) any information relating to the order made under that subsection;

• (b) any information relating to a warrant issued under subsection 110.‍1(5);

• (c) any information relating to a search and seizure conducted without a warrant under subsection 110.‍1(6); and

• (d) any information relating to the order made under this subsection.

Expiry of order

Exception

• (a) the date fixed under subsection 110.‍4(1); or

• (b) if the order made under subsection 110.‍1(3) is revoked before that date, the day on which it is revoked.

Procedure

Revocation or variance of order

Order to delete identifying information

• (a) copies be made of any documents relating to the order made under subsection 110.‍1(3) or 110.‍2(1), as the case may be, including the order itself;

• (b) any information that could identify the person who applied for the order referred to in subsection 110.‍1(3) or anyone known to the person be deleted from those copies; and

• (c) the documents relating to the order made under subsection 110.‍1(3) or 110.‍2(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b).

Duration of order

Procedure

Revocation or variance of order

Clarification

Order under subsection 111(5)

Clarification — application for order

• (a) the application for the order referred to in subsection 110.‍1(3) 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(3), 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

Requirement — notice

Cancellation of hearing

Application for emergency prohibition order

Emergency prohibition order

(3) 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, firearm part, 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.

Application for prohibition order

Prohibition order

Revocation of prohibition order under subsection 110.‍1(3) or 111(5)

112 A provincial court judge may, on application by the person against whom an order is made under subsection 110.‍1(3) or 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

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(3), 111(5), 117.‍05(4) or 515(2), paragraph 732.‍1(3)‍(d) or subsection 810(3).

Exception

(1.‍1) Subsection (1) does not apply in respect of an order made under subsection 110.‍1(3) or section 515.

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(3) 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.

Possession contrary to order

117.‍01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

Application for emergency limitations on access order

• (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.

Hearing in private

Emergency limitations on access order

Service of order

Terms and conditions

Warrant to search and seize

Search and seizure without warrant

Return to provincial court judge or justice

• (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

Condition

Return of things before expiry or revocation of order

Return of things after expiry or revocation of order

• (a) if the order made against the person under subsection (3) 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 end of the period specified in the order made against the person under subsection (3).

Order denying access to information

• (a) any information relating to the order made under that subsection;

• (b) any information relating to a warrant issued under subsection 117.‍0101(6);

• (c) any information relating to a search and seizure conducted without a warrant under subsection 117.‍0101(7); and

• (d) any information relating to the order made under this subsection.

Expiry of order

Exception

• (a) the date fixed under subsection 117.‍0104(1); or

• (b) if the order made under subsection 117.‍0101(3) is revoked before that date, the day on which it is revoked.

Procedure

Revocation or variance of order

Order to delete identifying information

• (a) copies be made of any documents relating to the order made under subsection 117.‍0101(3) or 117.‍0102(1), as the case may be, including the order itself;

• (b) any information that could identify the person who applied for the order referred to in subsection 117.‍0101(3) or anyone known to the person be deleted from those copies; and

• (c) the documents relating to the order made under subsection 117.‍0101(3) or 117.‍0102(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b).

Duration of order

Procedure

Revocation or variance of order

Clarification

Order under subsection 117.‍011(5)

Clarification — application for order

• (a) the application for the order referred to in subsection 117.‍0101(3) 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(3), 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

Requirement — notice

Cancellation of hearing

• (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, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

•  

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  (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, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

Revocation of order under subsection 117.‍0101(3) or 117.‍011(5)

117.‍012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.‍0101(3) or 117.‍011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

•  

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  (a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

• (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,

Application for warrant to search and seize

Search and seizure without warrant

Forfeiture and prohibition order on finding

• (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.

• (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;

• (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment;

• (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.

• (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment;

• (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or

• (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition,

• (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition,

Employees of carriers

• (xii.‍92) section 92 (possession of firearm knowing its possession is unauthorized),

• (xii.‍93) section 95 (possession of prohibited or restricted firearm with ammunition),

• (xvi.‍1) section 102.‍1 (possession of computer data),

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• (xviii.‍1) section 104.‍1 (altering cartridge magazine),

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  (a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

• (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

• (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

•  

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  (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, or

• (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

• (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

Conditions

Conditions — firearms

Conditions — firearms

Conditions — firearms

Conditions — firearms

Conditions — firearms

protection order protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from:

• (a) being in physical proximity to an identified person or following an identified person from place to place;

• (b) communicating with an identified person, either directly or indirectly;

• (c) being at a specified place or within a specified distance of that place;

• (d) engaging in harassing or threatening conduct directed at an identified person;

• (e) occupying a family home or a residence; or

• (f) engaging in family violence. (ordonnance de protection)

•   firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and

• (c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.

Personal safety

5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine.

• (d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person;

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Protection orders

6.‍1 Subject to section 70.‍3 and the regulations, an individual is not eligible to hold a licence if they are subject to a protection order Insertion start or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family Insertion end .

Handguns

12.‍2 A registration certificate for a handgun must not be issued to an individual.

• (iii.‍1) wishes to transport the firearm to another individual or business that holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or

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Automatic authorization to transport — licence renewal

Automatic authorization to transport — transfer

(2.‍3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.‍1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within their province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved for the purpose of having it form part of a gun collection.

Exception — handguns

19.‍1 Despite subsection 19(1), an individual must not be authorized to transport a handgun from a port of entry unless the individual holds a registration certificate in respect of the handgun.

Carrying restricted firearms and pre-December 1, 1998 handguns

20 An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.‍1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun

• (a) to protect their life or the life of other individuals; or

• (b) for use in connection with their lawful profession or occupation.

• (d.‍1) if the transferee is an individual and the firearm is a handgun, the individual is referred to in section 97.‍1;

Authorization to transfer cartridge magazine to individuals

(2) A person may transfer a cartridge magazine that is not prescribed to be a prohibited device only if the individual holds a licence authorizing him or her to possess firearms.

Authorization to transfer firearm parts

25.‍1 (1) A person may transfer a firearm part to an individual only if the individual holds a licence authorizing them to possess firearms.

Exception — non-residents

(2) Subject to the regulations and despite subsection (1), a person may transfer a firearm part to a non-resident who is 18 years old or older and who does not hold a licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)‍(b) or subsection 38(2) and that is valid.

• (a) verify

  • (i) whether the transferee holds a licence,

  • (ii) whether the transferee is still eligible to hold that licence,

  • (iii) whether the licence authorizes the transferee to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and

  • (iv) if the proposed transfer is in respect of a handgun, whether the transferee is an individual referred to in section 97.‍1;

• (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 wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

• (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is for use in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or

• (c) in the case of a restricted firearm other than a handgun, that the purpose for which the individual wishes to acquire it is to form part of their gun collection and the individual satisfies the criteria described in section 30.

Gun collectors

30 The criteria referred to in paragraph 28(c) are that the individual

• (a) has knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms, other than handguns, that they possess;

• (b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which those firearms are to be kept; and

• (c) has complied with any other prescribed requirements respecting knowledge, secure storage and the keeping of records in respect of those firearms.

Mail-order transfers of firearms

32 A 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.

Importation of ammunition or cartridge magazine — individuals

37 (1) An individual may import ammunition — other than prohibited ammunition — Insertion start or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device Insertion end — 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 — Insertion start or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device Insertion end — if they declare the ammunition Insertion start or cartridge magazine Insertion end 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 Insertion start or cartridge magazine Insertion end .

Non-compliance

(3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the ammunition Insertion start or cartridge magazine Insertion end to be exported from that customs office or may detain the ammunition Insertion start or cartridge magazine Insertion end and give the individual a reasonable time to comply with those requirements.

Disposal of ammunition or cartridge magazine

(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 Insertion start or cartridge magazine Insertion end .

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.

Importation of firearm parts — individuals

38 (1) An individual may import a firearm part 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 a firearm part if they declare it 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 firearm part.

Non-compliance

(3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the firearm part to be exported from the customs office or may detain it and give the individual a reasonable time to comply with those requirements.

Disposal of firearm part

(4) If those requirements are not complied with within a reasonable time and the firearm part is not exported, a customs officer shall lawfully dispose of it.

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.

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• (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

Authorizations to carry or transport

57 A 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)

57.‍1 The Commissioner is responsible for issuing authorizations to carry referred to in paragraph 20(a).

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.

Authorizations to carry

(3) Authorizations to carry Insertion start referred to in paragraph 20(a) Insertion end are not valid outside the Insertion start geographic area set in the authorization by Commissioner. Authorizations to carry referred to in paragraph 20(b) are not valid outside Insertion end the province Insertion start in which they are issued Insertion end .

No use or acquisition

(1.‍2) The holder of a licence that is extended under subsection (1.‍1) must not, until the renewal of their licence, use their firearms or acquire any firearms, ammunition or cartridge magazines.

•  

  (c) the classification of the firearm as a restricted firearm or a prohibited firearm changes as a result of an amendment to an Act of Parliament or to a regulation made under an Act of Parliament.

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.

Restricted firearms and pre-December 1, 1998 handguns

(2) On renewing a licence authorizing an individual to possess a restricted firearm or a handgun referred to in subsection 12(6.‍1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any such firearm or handgun is used by them

• (a) to protect their life or the life of other individuals;

• (b) in connection with their lawful profession or occupation;

• (c) in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or

• (d) to form part of their gun collection.

Refusal to Issue and Suspension and Revocation

Refusal to issue — chief firearms officer

Refusal to issue — Commissioner

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, Insertion start including a psychologist, a psychiatrist, a nurse, a nurse practitioner or a medical practitioner Insertion end , that the holder of a licence is no longer eligible to hold the licence, they Insertion start shall Insertion end suspend, in respect of that 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 any time before the expiry of the period referred to in subsection (2) if they are satisfied that the grounds for the suspension no longer exist. 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

69.‍2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.‍1(1).

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,

• (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

Revocation — domestic violence

70.‍1  Insertion start (1) Insertion end  If a chief firearms officer Insertion start has reasonable grounds to suspect Insertion end that an individual who holds a licence Insertion start may have Insertion end engaged in an act of domestic violence or stalking, the chief firearms officer must revoke the licence Insertion start within 24 hours Insertion end .

Definition of domestic violence

(2) For the purpose of subsection (1), domestic violence means conduct, whether or not it constitutes a criminal offence, by a family member towards another family member, including conduct by or towards an intimate partner, that is violent or threatening or that is part of a pattern of coercive and controlling behaviour or that causes that other family member or intimate partner to fear for their safety or the safety of another person, and includes

• (a) physical abuse, including forced confinement, but excluding the use of reasonable force to protect themselves or another person;

• (b) sexual abuse;

• (c) psychological abuse;

• (d) financial abuse;

• (e) threats to kill or cause bodily harm to any person;

• (f) threats to kill or harm an animal or damage property;

• (g) harassment, including stalking;

• (h) the failure to provide the necessities of life; and

• (i) the killing or harming of an animal or the damaging of property.

  End of inserted block

Revocation — protection order

70.‍2 (1) If an individual becomes subject to a protection order, their licence is automatically revoked and they must deliver to a peace officer or otherwise lawfully dispose of any firearm that they possess Insertion start within 24 hours or, if that is not possible, within any extended period established by the chief firearms officer Insertion end . Sections 91, 92 and 94 of the Criminal Code do not apply to the individual in relation to such a firearm during that period.

Notice

(2) A chief firearms officer must give notice, in the prescribed manner, of a revocation referred to in subsection (1) to the individual and must specify in the notice the period referred to in that subsection.

Conditional licence

70.‍3 Subject to section 5, a chief firearms officer may, in the prescribed circumstances, issue a licence that is subject to the conditions that the chief firearms officer considers appropriate to an individual referred to in section 6.‍1, 70.‍1 or 70.‍2 if the individual establishes to the satisfaction of the chief firearms officer that they need a firearm to hunt or trap in order to sustain themselves or their family.

Disposal of firearms, etc.

(4) A notice given under subsection (1) in respect of a licence must specify Insertion start that Insertion end the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses Insertion start within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer Insertion end . Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm, prohibited weapon, restricted weapon or prohibited device or such prohibited ammunition Insertion start during that period Insertion end .

Disposal of firearms — registration certificate

(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify Insertion start that Insertion end the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates Insertion start within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer Insertion end . Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a prohibited firearm or restricted firearm Insertion start during that period Insertion end .

Reference

(6) If the applicant for or holder of a licence refers the refusal to issue it or revocation of it to a provincial court judge under section 74, they must, within Insertion start the period referred to in subsection (4) Insertion end , 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 in relation to such a firearm during that period.

Order — return of firearm

(7) If the decision of the chief firearms officer is confirmed, the judge may, 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, 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 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 after the day on which the period for making an appeal has expired, 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 is confirmed.

If decision confirmed

(10) If the appeal has been finally determined and the decision of the chief firearms officer is confirmed, the applicant for or holder of the licence 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 in relation to such a firearm during that 30-day period.

• (a.‍1) every licence that is the subject of a suspension under section 69.‍1;

• (c) every prohibition order and protection order, and any variation or revocation of such orders, of which the chief firearms officer is informed under section 89; and

Disclosure of Information

Authorization to disclose

• (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

Reporting of Prohibition Orders and Protection Orders

Protection order

(2) Any competent authority that makes, varies or revokes a protection order shall have a chief firearms officer informed of the protection order or its variation or revocation Insertion start within 24 hours Insertion end .

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.

Exception — handguns

97.‍1 Sections 12.‍2 and 19.‍1 do not apply in respect of an individual who

• (a) holds an authorization to carry in respect of a handgun; or

• (b) meets the prescribed criteria and Insertion start annually Insertion end provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating

  • (i) that they are training, competing or coaching in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee,

  • (ii) the disciplines in which they train, compete or coach, and

  • (iii) that the handgun in question is necessary for training, competing or coaching in those disciplines.

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.

Exception

(1.‍1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel.

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.

• (a) defining the expression “protection order” for the purposes of this Act;

• (a.‍01) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;

• (i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and firearm parts, or

• (k.‍1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

  End of inserted block

• (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 Insertion start subsections Insertion end 37(2) Insertion start and 38(2) Insertion end ;

• (k.‍4) respecting the disposal of ammunition Insertion start and cartridge magazines Insertion end referred to in subsection 37(4) Insertion start and of firearm parts referred to in subsection 38(4) Insertion end ;

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)

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

27.‍5 The Commission may delegate to the President the powers conferred on it under subsection 27.‍3(1) or section 27.‍4.

• (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);

• (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

• 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.

• 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;

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.

Application

(3) The following provisions govern subsections (1) to (2.‍1):

• (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;

• (e) inadmissibility under subsections (1) to (2.‍1) may not be based on an offence

• 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;

• (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.

• (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;

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.

• 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.

• 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.

• 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.

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.

• 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;

• (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

• (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.

An Act to amend certain Acts and to make certain consequential amendments (firearms)

22 (1) Sections 1, 16 and 18 come into force on the day on which section 64 of An Act to amend certain Acts and to make certain consequential amendments (firearms) comes into force.

Order in council

(2.‍1) Subsections 3(2) and 4(2) and sections 19 to 21 come into force on a day to be fixed by order of the Governor in Council.

Transborder crime

19 For the purposes of subsection 36(2.‍1) of the Act, indictable offences under the following Acts of Parliament are prescribed:

• (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;

• (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;

• (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

• (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

Punishment — other cases

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Punishment — other cases

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Punishment — other cases

(2.‍1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Related Provision

Rights of Indigenous peoples

72.‍1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Definition of Indigenous peoples

(2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.