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Bill C-68

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Royal Assent

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	Reporting of Prohibition Orders
Reporting of prohibition orders	89. Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.
	Access to Records
Right of access	90. The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.
	Electronic Filing
Electronic filing	91. (1) Subject to the regulations, notices and documents that are sent to or issued by the Registrar pursuant to this or any other Act of Parliament may be sent or issued in electronic or other form in any manner specified by the Registrar.
Time of receipt	(2) For the purposes of this Act and Part III of the Criminal Code, a notice or document that is sent or issued in accordance with subsection (1) is deemed to have been received at the time and date provided by the regulations.
Records of Registrar	92. (1) Records required by section 83 or 85 to be kept by the Registrar may
	(a) be in bound or loose-leaf form or in photographic film form; or
	(b) be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written or printed form within a reasonable time.
Storage of documents or information in electronic or other form	(2) Subject to the regulations, a document or information received by the Registrar under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible written or printed form within a reasonable time.
Probative value	(3) Where the Registrar maintains a record of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same probative value as the document would have had if it had been proved in the ordinary way.
	Reports
Report to Solicitor General	93. (1) The Registrar shall, as soon as possible after the end of each calendar year and at such other times as the Solicitor General of Canada may, in writing, request, submit to the Solicitor General a report, in such form and including such information as the Solicitor General may direct, with regard to the administration of this Act.
Laid before Parliament	(2) The Solicitor General of Canada shall have each report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Solicitor General receives it.
Information to be submitted to Registrar	94. A chief firearms officer shall submit the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Registrar to compile the reports referred to in section 93.
	GENERAL
	Agreements with Provinces
Agreements with provinces	95. The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces
	(a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and
	(b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.
	Other Matters
Other obligations not affected	96. The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.
Exemptions	97. (1) Subject to subsection (2), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.
Public safety	(2) Subsection (1) does not apply where it is not desirable, in the interests of the safety of any person, that the employees of the business be so exempted.
Conditions	(3) A provincial minister may attach to an exemption any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.
	DELEGATION
Authorized chief firearms officer may perform functions of provincial minister	98. A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.
Designated officers may perform functions of chief firearms officers	99. (1) Subject to subsections (2) and (3), a firearms officer who is designated in writing by a chief firearms officer may perform such duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code as are specified in the designation.
Exception	(2) A licence that is issued to a business authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition must be issued by a chief firearms officer personally.
Exception	(3) An authorization to carry must be issued by a chief firearms officer personally.
Designated officers may perform functions of Registrar	100. A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.
	INSPECTION
Definition of ``inspector''	101. In sections 102 to 105, ``inspector'' means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.
Inspection	102. (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may
	(a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply;
	(b) examine any firearm and examine any other thing that the inspector finds and take samples of it;
	(c) conduct any tests or analyses or take any measurements; and
	(d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations.

Operation of data processing systems and copying equipment	(2) In carrying out an inspection of a place under subsection (1), an inspector may
	(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;
	(b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and
	(c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.
Use of force	(3) In carrying out an inspection of a place under subsection (1), an inspector may not use force.
Receipt for things taken	(4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm.
Definition of ``business''	(5) For greater certainty, in this section, ``business'' has the meaning assigned by subsection 2(1).
Duty to assist inspectors	103. The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall
	(a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and
	(b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.
Inspection of dwelling-hous e	104. (1) An inspector may not enter a dwelling-house under section 102 except
	(a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and
	(b) with the consent of the occupant or under a warrant.
Authority to issue warrant	(2) A justice who on ex parte application is satisfied by information on oath
	(a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,
	(b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and
	(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused
	may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.
Areas that may be inspected	(3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only
	(a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and
	(b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.

Demand to produce firearm	105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that the person is the holder of the registration certificate for the firearm.
	OFFENCES
False statements to procure licences, etc.	106. (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization.
False statements to procure customs confirmations	(2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the document.
Definition of ``statement''	(3) In this section, ``statement'' means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.
Tampering with licences, etc.	107. Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies
	(a) a licence, registration certificate or authorization; or
	(b) a confirmation by a customs officer of a document under this Act.
Unauthorized possession of ammunition	108. Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.
Punishment	109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)
	(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.
Contravention of conditions of licences, etc.	110. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.
Punishment	111. Every person who commits an offence under section 110 or who does not comply with section 103
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) is guilty of an offence punishable on summary conviction.
Failure to register certain firearms	112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm.
Exceptions	(2) Subsection (1) does not apply to
	(a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it;
	(b) a person who comes into possession of a firearm by operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it or obtains a registration certificate for it; or
	(c) a person who possesses a firearm and who is not the holder of a registration certificate for the firearm if the person
	(i) has borrowed the firearm,
	(ii) is the holder of a licence under which the person may possess it, and
	(iii) is in possession of the firearm to hunt or trap in order to sustain himself or herself or his or her family.