| Transitional
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(3) Every person who, at any particular time
between the commencement day and the later
of January 1, 1998 and such other date as is
prescribed, possesses a firearm that, as of that
particular time, is neither a prohibited firearm
nor a restricted firearm is deemed for the
purposes of subsection (1) to be, until January
1, 2003 or such other earlier date as is
prescribed, the holder of a registration
certificate for the firearm.
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| Onus on the
defendant
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(4) Where, in any proceedings for an
offence under this section, any question arises
as to whether a person is the holder of a
registration certificate, the onus is on the
defendant to prove that the person is the holder
of the registration certificate.
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| Non-complian
ce with
demand to
produce
firearm
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113. Every person commits an offence who,
without reasonable excuse, does not comply
with a demand made to the person by an
inspector under section 105.
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| Failure to
deliver up
revoked
licence, etc.
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114. Every person commits an offence who,
being the holder of a licence, registration
certificate or authorization that is revoked,
does not deliver it up to a peace officer or
firearms officer without delay after the
revocation.
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| Punishment
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115. Every person who commits an offence
under section 112, 113 or 114 is guilty of an
offence punishable on summary conviction.
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| Attorney
General of
Canada may
act
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116. Any proceedings in respect of an
offence under this Act may be commenced at
the instance of the Government of Canada and
conducted by or on behalf of that government.
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| Regulations
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117. The Governor in Council may make
regulations
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(a) 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;
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(b) regulating the revocation of licences,
registration certificates and authorizations;
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(c) prescribing the circumstances in which
an individual does or does not need firearms
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(i) to protect the life of that individual or
of other individuals, or
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(ii) for use in connection with his or her
lawful profession or occupation;
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(d) regulating the use of firearms in target
practice or target shooting competitions;
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(i) the establishment and operation of
shooting clubs and shooting ranges,
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(ii) the activities that may be carried on
at shooting clubs and shooting ranges,
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(iii) the possession and use of firearms at
shooting clubs and shooting ranges, and
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(iv) the keeping and destruction of
records in relation to shooting clubs and
shooting ranges and members of those
clubs and ranges;
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(f) regulating the establishment and
maintenance of gun collections and the
acquisition and disposal or disposition of
firearms that form part or are to form part of
a gun collection;
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(g) regulating the operation of gun shows,
the activities that may be carried on at gun
shows and the possession and use of
firearms at gun shows;
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(h) regulating the storage, handling,
transportation, shipping, display,
advertising and mail-order sale of firearms
and restricted weapons and defining the
expression ``mail-order sale'' for the
purposes of this Act;
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(i) regulating the storage, handling,
transportation, shipping, possession for a
prescribed purpose, transfer, exportation or
importation of
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(i) prohibited firearms, prohibited
weapons, restricted weapons, prohibited
devices and prohibited ammunition, or
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(ii) components or parts of prohibited
firearms, prohibited weapons, restricted
weapons, prohibited devices and
prohibited ammunition;
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(j) regulating the possession and use of
restricted weapons;
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(i) the possession at any place,
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(ii) the manufacture or transfer, whether
or not for consideration, or offer to
manufacture or transfer, whether or not
for consideration, or
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(iii) the importation or exportation
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of firearms, prohibited weapons, restricted
weapons, prohibited devices, ammunition,
prohibited ammunition and components
and parts designed exclusively for use in the
manufacture of or assembly into automatic
firearms;
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(l) regulating the storage, handling,
transportation, shipping, acquisition,
possession, transfer, exportation,
importation, use and disposal or disposition
of firearms, prohibited weapons, restricted
weapons, prohibited devices, prohibited
ammunition and explosive substances
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(i) by the following persons in the course
of their duties or for the purposes of their
employment, namely,
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(B) persons training to become police
officers or peace officers under the
control and supervision of a police
force or a police academy or similar
institution designated by the federal
Minister or the lieutenant governor in
council of a province,
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(C) persons or members of a class of
persons employed in the public service
of Canada or by the government of a
province or municipality who are
prescribed by the regulations made by
the Governor in Council under Part III
of the Criminal Code to be public
officers, and
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(D) chief firearms officers and
firearms officers, and
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(ii) by individuals on behalf of, and under
the authority of, a police force or a
department of the Government of Canada
or of a province;
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(m) regulating the keeping and destruction
of records in relation to firearms, prohibited
weapons, restricted weapons, prohibited
devices and prohibited ammunition;
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(n) regulating the keeping and destruction
of records by businesses in relation to
ammunition;
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(o) creating offences consisting of
contraventions of the regulations made
under paragraph (d), (e), (f), (g), (i), (j), (l),
(m) or (n);
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(p) prescribing the fees that are to be paid to
Her Majesty in right of Canada for licences,
registration certificates, authorizations,
approvals of transfers and importations of
firearms and confirmations by customs
officers of documents under this Act;
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(q) waiving or reducing the fees payable
under paragraph (p) in such circumstances
as may be specified in the regulations;
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(r) prescribing the charges that are to be
paid to Her Majesty in right of Canada in
respect of costs incurred by Her Majesty in
right of Canada in storing goods that are
detained by customs officers or in disposing
of goods;
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(s) respecting the operation of the Canadian
Firearms Registry;
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(t) regulating the sending or issuance of
notices and documents in electronic or
other form, including
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(i) the notices and documents that may be
sent or issued in electronic or other form,
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(ii) the persons or classes of persons by
whom they may be sent or issued,
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(iii) their signature in electronic or other
form or their execution, adoption or
authorization in a manner that pursuant
to the regulations is to have the same
effect for the purposes of this Act as their
signature, and
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(iv) the time and date when they are
deemed to be received;
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(u) respecting the manner in which any
provision of this Act or the regulations
applies to any of the aboriginal peoples of
Canada, and adapting any such provision
for the purposes of that application;
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(i) section 4 of the Cartridge Magazine
Control Regulations, made by Order in
Council P.C. 1992-1660 of July 16, 1992
and registered as SOR/92-460, and the
heading before it,
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(ii) the Designated Areas Firearms
Order, C.R.C., chapter 430,
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(iii) section 4 of the Firearms Acquisition
Certificate Regulations, made by Order
in Council P.C. 1992-1663 of July 16,
1992 and registered as SOR/92-461, and
the heading before it,
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(iv) section 7 of the Genuine Gun
Collector Regulations, made by Order in
Council P.C. 1992-1661 of July 16, 1992
and registered as SOR/92-435, and the
heading before it,
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(v) sections 8 and 13 of the Prohibited
Weapons Control Regulations, made by
Order in Council P.C. 1991-1925 of
October 3, 1991 and registered as
SOR/91-572, and the headings before
them,
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(vi) the Restricted Weapon Registration
Certificate for Classes of Persons other
than Individuals Regulations, made by
Order in Council P.C. 1993-766 of April
20, 1993 and registered as SOR/93-200,
and
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(vii) sections 7, 15 and 17 of the
Restricted Weapons and Firearms
Control Regulations, made by Order in
Council P.C. 1978-2572 of August 16,
1978 and registered as SOR/78-670, and
the headings before them; and
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(w) prescribing anything that by any
provision of this Act is to be prescribed by
regulation.
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| Laying of
proposed
regulations
|
118. (1) Subject to subsection (2), the
federal Minister shall have each proposed
regulation laid before each House of
Parliament.
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| Idem
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(2) Where a proposed regulation is laid
pursuant to subsection (1), it shall be laid
before each House of Parliament on the same
day.
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| Report by
committee
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(3) Each proposed regulation that is laid
before a House of Parliament shall, on the day
it is laid, be referred by that House to an
appropriate committee of that House, as
determined by the rules of that House, and the
committee may conduct inquiries or public
hearings with respect to the proposed
regulation and report its findings to that
House.
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| Making of
regulations
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(4) A proposed regulation that has been laid
pursuant to subsection (1) may be made
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(a) on the expiration of thirty sitting days
after it was laid; or
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(b) where, with respect to each House of
Parliament,
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(i) the committee reports to the House, or
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(ii) the committee decides not to conduct
inquiries or public hearings.
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| Definition of
``sitting day''
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(5) For the purpose of this section, ``sitting
day'' means a day on which either House of
Parliament sits.
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| Exception
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119. (1) No proposed regulation that has
been laid pursuant to section 118 need again
be laid under that section, whether or not it has
been altered.
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| Exception -
minor
changes
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(2) A regulation made under section 117
may be made without being laid before either
House of Parliament if the federal Minister is
of the opinion that the changes made by the
regulation to an existing regulation are so
immaterial or insubstantial that section 118
should not be applicable in the circumstances.
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| Exception -
urgency
|
(3) A regulation made under paragraph
117(i), (l), (m), (n), (o), (q), (s) or (t) may be
made without being laid before either House
of Parliament if the federal Minister is of the
opinion that the making of the regulation is so
urgent that section 118 should not be
applicable in the circumstances.
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| Notice of
opinion
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(4) Where the federal Minister forms the
opinion described in subsection (2) or (3), he
or she shall have a statement of the reasons
why he or she formed that opinion laid before
each House of Parliament.
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| Exception -
prescribed
dates
|
(5) A regulation may be made under
paragraph 117(w) prescribing a date for the
purposes of the application of any provision of
this Act without being laid before either
House of Parliament.
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| Part III of the
Criminal
Code
|
(6) For greater certainty, a regulation may
be made under Part III of the Criminal Code
without being laid before either House of
Parliament.
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