Bill C-68
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R.S., c. 41
(3rd Supp.)
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Customs Tariff |
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1991, c. 40,
s. 42; 1993,
c. 25, s. 28
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169. Code 9965 of Schedule VII to the
Customs Tariff is replaced by the following:
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9965 1. For the purposes of this Code:
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2. Firearms, prohibited weapons, restricted
weapons, prohibited devices, prohibited
ammunition and components or parts
designed exclusively for use in the
manufacture of or assembly into automatic
firearms, in this code referred to as
``prohibited goods'', but does not include the
following:
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R.S., c. E-17
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Explosives Act |
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170. Section 29 of the Explosives Act is
replaced by the following:
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Obligation to
comply with
other laws
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29. Nothing in this Act relieves any person
of the obligation to comply with the
requirements of any Act of Parliament
relating to explosives or the requirements of
any licence law, or other law or by-law of any
province or municipality, lawfully enacted in
relation to explosives, especially
requirements in relation to the possession,
storage, handling, sale or transportation of
explosives, or of any liability or punishment
imposed for any contravention thereof.
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R.S., c. E-19
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Export and Import Permits Act |
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1991, c. 28,
s. 2
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171. Section 4.1 of the Export and Import
Permits Act is replaced by the following:
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Automatic
Firearms
Country
Control List
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4.1 The Governor in Council may establish
a list of countries, to be called an Automatic
Firearms Country Control List, including
therein only countries with which Canada has
an intergovernmental defence, research,
development and production arrangement and
to which the Governor in Council deems it
appropriate to permit the export of
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or any component or part of any such thing,
that is included in an Export Control List.
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1991, c. 28,
s. 3
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172. The portion of subsection 7(2) of the
Act before paragraph (a) is replaced by the
following:
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Export permit
for automatic
firearm
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(2) The Minister may not issue a permit
under subsection (1) to export any thing
referred to in any of paragraphs 4.1(a) to (c),
or any component or part of such a thing, that
is included in an Export Control List unless
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1991, c. 28,
s. 4
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173. Subsection 15(2) of the Act is
replaced by the following:
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Diversion,
etc., of
automatic
firearms
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(2) No person shall knowingly do anything
in Canada that causes or assists or is intended
to cause or assist any shipment, transhipment
or diversion of any thing referred to in any of
paragraphs 4.1(a) to (c), or any component or
part designed exclusively for assembly into
such a thing, that is included in an Export
Control List, from Canada or any other place,
to any country that is not included in an
Automatic Firearms Country Control List.
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R.S., c. I-21
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Interpretation Act |
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174. Subsection 35(1) of the Interpretation
Act is amended by adding the following in
alphabetical order:
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``territory'' « territoires »
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``territory'' means the Yukon Territory, the
Northwest Territories and, after section 3 of
the Nunavut Act comes into force, Nunavut;
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R.S, c. N-5
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National Defence Act |
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175. (1) Section 2 of the National Defence
Act is renumbered as subsection 2(1).
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(2) The definition ``possession'' in
subsection 2(1) of the Act is repealed.
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(3) Section 2 of the Act is amended by
adding the following after subsection (1):
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Meaning of
``possession''
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(2) For the purposes of the Code of Service
Discipline and Part XII,
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176. The Act is amended by adding the
following after section 147:
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Prohibition Orders |
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Prohibition
order
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147.1 (1) Where a person is convicted by a
court martial of an offence
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the court martial shall, in addition to any other
punishment that may be imposed for that
offence, 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, ammunition,
prohibited ammunition or explosive
substance, or all such things, and where the
court martial decides that it is so desirable, the
court martial shall so order.
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Duration of
prohibition
order
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(2) An order made under subsection (1)
begins on the day the order is made and ends
on the day specified in the order.
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Application of
order
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(3) Unless the order specifies otherwise, an
order made under subsection (1) against a
person does not apply to prohibit the
possession of any thing in the course of the
person's duties or employment as a member of
the Canadian Forces.
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Notification
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(4) A court martial that makes an order
under subsection (1) shall without delay cause
the Registrar of Firearms appointed under
section 82 of the Firearms Act to be notified of
the order.
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Requirement
to surrender
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147.2 A court martial that makes an order
under subsection 147.1(1) may, in the order,
require the person against whom the order is
made to surrender to an officer or
non-commissioned member appointed under
the regulations for the purposes of section 156,
or to the person's commanding officer,
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and where the court martial does so, it shall
specify in the order a reasonable period for
surrendering such things and documents and
during which section 117.01 of the Criminal
Code does not apply to that person.
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Forfeiture
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147.3 (1) Unless an order made under
subsection 147.1(1) specifies otherwise, every
thing the possession of which is prohibited by
the order that, on the commencement of the
order, is in the possession of the person against
whom the order is made is forfeited to Her
Majesty.
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Disposal
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(2) Every thing forfeited to Her Majesty
under subsection (1) shall be disposed of or
otherwise dealt with as the Minister directs.
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Authorization
s revoked or
amended
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147.4 Every authorization, licence and
registration certificate relating to any thing
the possession of which is prohibited by an
order made under subsection 147.1(1) and
issued to a person against whom the order is
made is, on the commencement of the order,
revoked, or amended, as the case may be, to
the extent of the prohibitions in the order.
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Return to
owner
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147.5 Where the Minister is, on application
for an order under this section, satisfied that a
person, other than the person against whom an
order under subsection 147.1(1) was made,
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the Minister shall order that the thing be
returned to the owner or the proceeds of any
sale of the thing be paid to that owner, or, if the
thing was destroyed, that an amount equal to
the value of the thing be paid to the owner.
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R.S., c. Y-1
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Young Offenders Act |
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R.S., c. 24
(2nd Supp.),
s. 1
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177. The definition ``disposition'' in
subsection 2(1) of the Young Offenders Act is
replaced by the following:
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``disposition'' « décision »
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``disposition'' means a disposition made
under any of sections 20, 20.1 and 28 to 32,
and includes a confirmation or a variation
of a disposition;
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178. Paragraph 20(1)(h) of the Act is
replaced by the following:
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179. The Act is amended by adding the
following after section 20:
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Mandatory
prohibition
order
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20.1 (1) Notwithstanding subsection 20(1),
where a young person is found guilty of an
offence referred to in any of paragraphs
109(1)(a) to (d) of the Criminal Code, the
youth court shall, in addition to making any
disposition referred to in subsection 20(1),
make an order prohibiting the young person
from possessing any firearm, cross-bow,
prohibited weapon, restricted weapon,
prohibited device, ammunition, prohibited
ammunition and explosive substance during
the period specified in the order as determined
in accordance with subsection (2).
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Duration of
prohibition
order
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(2) An order made under subsection (1)
begins on the day on which the order is made
and ends not earlier than two years after the
young person's release from custody after
being found guilty of the offence or, if the
young person is not then in custody or subject
to custody, after the time the young person is
found guilty of or discharged from the offence.
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Discretionary
prohibition
order
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(3) Notwithstanding subsection 20(1),
where a young person is found guilty of an
offence referred to in paragraph 110(1)(a) or
(b) of the Criminal Code, the youth court shall,
in addition to making any disposition referred
to in subsection 20(1), 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,
ammunition, prohibited ammunition or
explosive substance, or all such things, and
where the court decides that it is so desirable,
the court shall so order.
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Duration of
prohibition
order
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(4) An order made under subsection (3)
against a young person begins on the day on
which the order is made and ends not later than
two years after the young person's release
from custody or, if the young person is not then
in custody or subject to custody, after the time
the young person is found guilty of or
discharged from the offence.
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Definition of
``release from
imprisonment
''
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(5) In paragraph (2)(a) and subsection (4),
``release from custody'' means a release from
custody in accordance with this Act, other
than a release from custody under subsection
35(1), and includes the commencement of
conditional supervision or probation.
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Reasons for
the
prohibition
order
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(6) Where a youth court makes an order
under this section, it shall state its reasons for
making the order in the record of the case and
shall
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to the young person against whom the order
was made, the young person's counsel and
parents and the provincial director.
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Reasons
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(7) Where the youth court does not make an
order under subsection (3), or where the youth
court does make such an order but does not
prohibit the possession of everything referred
to in that subsection, the youth court shall
include in the record a statement of the youth
court's reasons.
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Application of
Criminal
Code
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(8) Sections 113 to 117 of the Criminal
Code apply in respect of any order made under
this section.
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Report
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(9) Before making any order referred to in
section 113 of the Criminal Code in respect of
a young person, the youth court may require
the provincial director to cause to be prepared,
and to submit to the youth court, a report on the
young person.
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