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42-43-44 ELIZABETH II
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CHAPTER 39
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An Act respecting firearms and other weapons
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[Assented to 5th December, 1995]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Firearms
Act.
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| Definitions
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2. (1) In this Act,
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``authorizatio
n to carry''
« autorisation
de port »
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``authorization to carry'' means an
authorization described in section 20;
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``authorizatio
n to export''
« autorisation
d'exportation
»
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``authorization to export'' means an
authorization referred to in section 44;
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``authorizatio
n to import''
« autorisation
d'importation
»
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``authorization to import'' means an
authorization referred to in section 46;
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``authorizatio
n to
transport''
« autorisation
de transport »
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``authorization to transport'' means an
authorization described in section 18 or 19;
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``business''
« entreprise »
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``business'' means a person who carries on a
business that includes
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(a) the manufacture, assembly,
possession, purchase, sale, importation,
exportation, display, repair, restoration,
maintenance, storage, alteration, taking
in pawn, transportation, shipping,
distribution or delivery of firearms,
prohibited weapons, restricted weapons,
prohibited devices or prohibited
ammunition,
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(b) the possession, purchase or sale of
ammunition, or
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(c) the purchase of cross-bows
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``carrier''
« transporteur
»
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``carrier'' means a person who carries on a
transportation business that includes the
transportation of firearms, prohibited
weapons, restricted weapons, prohibited
devices, ammunition or prohibited
ammunition;
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``chief
firearms
officer''
« contrôleur
des armes à
feu »
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``chief firearms officer'' means
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(a) in respect of a province, the
individual who is designated in writing as
the chief firearms officer for the province
by the provincial minister of that
province,
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(b) in respect of a territory, the individual
who is designated in writing as the chief
firearms officer for the territory by the
federal Minister, or
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(c) in respect of any matter for which
there is no chief firearms officer under
paragraph (a) or (b), the individual who
is designated in writing as the chief
firearms officer for the matter by the
federal Minister;
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``commencem
ent day''
« date de
référence »
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``commencement day'', in respect of a
provision of this Act or the expression
``former Act'' in a provision of this Act,
means the day on which the provision
comes into force;
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``customs
office''
« bureau de
douane »
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``customs office'' has the meaning assigned
by subsection 2(1) of the Customs Act;
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``customs
officer''
« agent des
douanes »
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``customs officer'' has the meaning assigned
to the word ``officer'' by subsection 2(1) of
the Customs Act;
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``federal
Minister''
« ministre
fédéral »
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``federal Minister'' means the Minister of
Justice;
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``firearms
officer''
« préposé aux
armes à feu »
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``firearms officer'' means
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(a) in respect of a province, an individual
who is designated in writing as a firearms
officer for the province by the provincial
minister of that province,
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(b) in respect of a territory, an individual
who is designated in writing as a firearms
officer for the territory by the federal
Minister, or
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(c) in respect of any matter for which
there is no firearms officer under
paragraph (a) or (b), an individual who is
designated in writing as a firearms officer
for the matter by the federal Minister;
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``former Act''
« loi
antérieure »
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``former Act'' means Part III of the Criminal
Code, as it read from time to time before the
commencement day;
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``museum''
« musée »
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``museum'' means a person who operates a
museum
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(a) in which firearms, prohibited
weapons, restricted weapons, prohibited
devices or prohibited ammunition are
possessed, bought, displayed, repaired,
restored, maintained, stored or altered, or
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(b) in which ammunition is possessed or
bought;
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``non-resident
''
« non-résident
»
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``non-resident'' means an individual who
ordinarily resides outside Canada;
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``prescribed''
« réglementair
e »
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``prescribed'' means
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(a) in the case of a form or the
information to be included on a form,
prescribed by the federal Minister, and
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(b) in any other case, prescribed by the
regulations;
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``provincial
minister''
« ministre
provincial »
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``provincial minister'' means
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(a) in respect of a province, the member
of the executive council of the province
who is designated by the lieutenant
governor in council of the province as the
provincial minister,
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(b) in respect of a territory, the federal
Minister, or
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(c) in respect of any matter for which
there is no provincial minister under
paragraph (a) or (b), the federal Minister;
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``regulations''
« règlements »
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``regulations'' means regulations made by the
Governor in Council under section 117.
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| To be
interpreted
with Criminal
Code
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(2) For greater certainty, unless otherwise
provided, words and expressions used in this
Act have the meanings assigned to them by
section 2 or 84 of the Criminal Code.
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| Aboriginal
and treaty
rights
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(3) For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from any existing aboriginal or
treaty rights of the aboriginal peoples of
Canada under section 35 of the Constitution
Act, 1982.
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| Binding on
Her Majesty
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3. (1) This Act is binding on Her Majesty in
right of Canada or a province.
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| Canadian
Forces
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(2) Notwithstanding subsection (1), this Act
does not apply in respect of the Canadian
Forces.
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| Purpose
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4. The purpose of this Act is
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(a) to provide, notably by sections 5 to 16
and 54 to 73, for the issuance of
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(i) licences, registration certificates and
authorizations under which persons may
possess firearms in circumstances that
would otherwise constitute an offence
under subsection 91(1), 92(1), 93(1) or
95(1) of the Criminal Code,
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(ii) licences and authorizations under
which persons may possess prohibited
weapons, restricted weapons, prohibited
devices and prohibited ammunition in
circumstances that would otherwise
constitute an offence under subsection
91(2), 92(2) or 93(1) of the Criminal
Code, and
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(iii) licences under which persons may
sell, barter or give cross-bows in
circumstances that would otherwise
constitute an offence under subsection
97(1) of the Criminal Code;
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(i) notably by sections 5 to 12 and 54 to
73, the manufacture of or offer to
manufacture, and
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(ii) notably by sections 21 to 34 and 54 to
73, the transfer of or offer to transfer,
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firearms, prohibited weapons, restricted
weapons, prohibited devices, ammunition
and prohibited ammunition in
circumstances that would otherwise
constitute an offence under subsection
99(1), 100(1) or 101(1) of the Criminal
Code; and
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(c) to authorize, notably by sections 35 to
73, the importation or exportation 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 in circumstances that would
otherwise constitute an offence under
subsection 103(1) or 104(1) of the Criminal
Code.
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General Rules
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| Public safety
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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 cross-bow, a
prohibited weapon, a restricted weapon, a
prohibited device, ammunition or prohibited
ammunition.
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| Criteria
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(2) In determining whether a person is
eligible to hold a licence under subsection (1),
a chief firearms officer or, on a reference
under section 74, a provincial court judge
shall have regard to whether the person, within
the previous five years,
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(a) has been convicted or discharged under
section 736 of the Criminal Code of
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(i) an offence in the commission of which
violence against another person was
used, threatened or attempted,
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(ii) an offence under this Act or Part III of
the Criminal Code,
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(iii) an offence under section 264 of the
Criminal Code (criminal harassment), or
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(iv) an offence relating to the
contravention of subsection 39(1) or (2)
or 48(1) or (2) of the Food and Drugs Act
or subsection 4(1) or (2) or 5(1) of the
Narcotic Control Act;
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(b) has been treated for a mental illness,
whether in a hospital, mental institute,
psychiatric clinic or otherwise and whether
or not the person was confined to such a
hospital, institute or clinic, that was
associated with violence or threatened or
attempted violence on the part of the person
against any person; or
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(c) has a history of behaviour that includes
violence or threatened or attempted
violence on the part of the person against
any person.
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| Exception
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(3) Notwithstanding subsection (2), in
determining whether a non-resident who is
eighteen years old or older and by or on behalf
of whom an application is made for a sixty-day
licence authorizing the non-resident to
possess firearms that are neither prohibited
firearms nor restricted firearms is eligible to
hold a licence under subsection (1), a chief
firearms officer or, on a reference under
section 74, a provincial court judge may but
need not have regard to the criteria described
in subsection (2).
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| Court orders
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6. (1) A person is eligible to hold a licence
only if the person is not prohibited by a
prohibition order from possessing any
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device or
prohibited ammunition.
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| Exception
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(2) Subsection (1) is subject to any order
made under section 113 of the Criminal Code
(lifting of prohibition order for sustenance or
employment).
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| Successful
completion of
safety course
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7. (1) An individual is eligible to hold a
licence only if the individual
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(a) successfully completes the Canadian
Firearms Safety Course, as given by an
instructor who is designated by a chief
firearms officer, and passes the tests, as
administered by an instructor who is
designated by a chief firearms officer, that
form part of that Course;
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(b) except in the case of an individual who
is less than eighteen years old, passes the
tests, as administered by an instructor who
is designated by a chief firearms officer,
that form part of that Course;
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(c) successfully completed, before January
1, 1995, a course that the attorney general
of the province in which the course was
given had, during the period beginning on
January 1, 1993 and ending on December
31, 1994, approved for the purposes of
section 106 of the former Act; or
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(d) passed, before January 1, 1995, a test
that the attorney general of the province in
which the test was administered had, during
the period beginning on January 1, 1993 and
ending on December 31, 1994, approved for
the purposes of section 106 of the former
Act.
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| Restricted
firearms
safety course
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(2) An individual is eligible to hold a
licence authorizing the individual to possess
restricted firearms only if the individual
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(a) successfully completes a restricted
firearms safety course that is approved by
the federal Minister, as given by an
instructor who is designated by a chief
firearms officer, and passes any tests, as
administered by an instructor who is
designated by a chief firearms officer, that
form part of that course; or
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(b) passes a restricted firearms safety test,
as administered by an instructor who is
designated by a chief firearms officer, that
is approved by the federal Minister.
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| After
expiration of
prohibition
order
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(3) An individual against whom a
prohibition order was made
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(a) is eligible to hold a licence only if the
individual has, after the expiration of the
prohibition order,
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(i) successfully completed the Canadian
Firearms Safety Course, as given by an
instructor who is designated by a chief
firearms officer, and
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(ii) passed the tests, as administered by an
instructor who is designated by a chief
firearms officer, that form part of that
Course; and
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(b) is eligible to hold a licence authorizing
the individual to possess restricted firearms
only if the individual has, after the
expiration of the prohibition order,
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(i) successfully completed a restricted
firearms safety course that is approved by
the federal Minister, as given by an
instructor who is designated by a chief
firearms officer, and
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(ii) passed any tests, as administered by
an instructor who is designated by a chief
firearms officer, that form part of that
course.
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| Exceptions
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(4) Subsections (1) and (2) do not apply to
an individual who
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(a) in the prescribed circumstances, has
been certified by a chief firearms officer as
meeting the prescribed criteria relating to
the safe handling and use of firearms and
the laws relating to firearms;
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(b) is less than eighteen years old and
requires a firearm to hunt or trap in order to
sustain himself or herself or his or her
family;
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