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42-43-44 ELIZABETH II

CHAPTER 39

An Act respecting firearms and other weapons

[Assented to 5th December, 1995]

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

SHORT TITLE

Short title

1. This Act may be cited as the Firearms Act.

INTERPRETATION

Definitions

2. (1) In this Act,

``authorizatio n to carry''
« autorisation de port »

``authorization to carry'' means an authorization described in section 20;

``authorizatio n to export''
« autorisation d'exportation »

``authorization to export'' means an authorization referred to in section 44;

``authorizatio n to import''
« autorisation d'importation »

``authorization to import'' means an authorization referred to in section 46;

``authorizatio n to transport''
« autorisation de transport »

``authorization to transport'' means an authorization described in section 18 or 19;

``business''
« entreprise »

``business'' means a person who carries on a business that includes

      (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,

      (b) the possession, purchase or sale of ammunition, or

      (c) the purchase of cross-bows

    and includes a museum;

``carrier''
« transporteur »

``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;

``chief firearms officer''
« contrôleur des armes à feu »

``chief firearms officer'' means

      (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,

      (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

      (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;

``commencem ent day''
« date de référence »

``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;

``customs office''
« bureau de douane »

``customs office'' has the meaning assigned by subsection 2(1) of the Customs Act;

``customs officer''
« agent des douanes »

``customs officer'' has the meaning assigned to the word ``officer'' by subsection 2(1) of the Customs Act;

``federal Minister''
« ministre fédéral »

``federal Minister'' means the Minister of Justice;

``firearms officer''
« préposé aux armes à feu »

``firearms officer'' means

      (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,

      (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

      (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;

``former Act''
« loi antérieure »

``former Act'' means Part III of the Criminal Code, as it read from time to time before the commencement day;

``museum''
« musée »

``museum'' means a person who operates a museum

      (a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or

      (b) in which ammunition is possessed or bought;

``non-resident ''
« non-résident »

``non-resident'' means an individual who ordinarily resides outside Canada;

``prescribed''
« réglementair e »

``prescribed'' means

      (a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and

      (b) in any other case, prescribed by the regulations;

``provincial minister''
« ministre provincial »

``provincial minister'' means

      (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,

      (b) in respect of a territory, the federal Minister, or

      (c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister;

``regulations''
« règlements »

``regulations'' means regulations made by the Governor in Council under section 117.

To be interpreted with Criminal Code

(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.

Aboriginal and treaty rights

(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.

HER MAJESTY

Binding on Her Majesty

3. (1) This Act is binding on Her Majesty in right of Canada or a province.

Canadian Forces

(2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.

PURPOSE

Purpose

4. The purpose of this Act is

    (a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of

      (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,

      (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

      (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;

    (b) to authorize,

      (i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and

      (ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,

    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

    (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.

AUTHORIZED POSSESSION

Eligibility to Hold Licences

General Rules

Public 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 cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

Criteria

(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,

    (a) has been convicted or discharged under section 736 of the Criminal Code of

      (i) an offence in the commission of which violence against another person was used, threatened or attempted,

      (ii) an offence under this Act or Part III of the Criminal Code,

      (iii) an offence under section 264 of the Criminal Code (criminal harassment), or

      (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;

    (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

    (c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

Exception

(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).

Court orders

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.

Exception

(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).

Successful completion of safety course

7. (1) An individual is eligible to hold a licence only if the individual

    (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;

    (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;

    (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

    (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.

Restricted firearms safety course

(2) An individual is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual

    (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

    (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.

After expiration of prohibition order

(3) An individual against whom a prohibition order was made

    (a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,

      (i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and

      (ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and

    (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,

      (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

      (ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.

Exceptions

(4) Subsections (1) and (2) do not apply to an individual who

    (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;

    (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;