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Bill C-68

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AUTHORIZED TRANSFERS AND LENDING

General Provisions

Definition of ``transfer''

21. For the purposes of sections 22 to 32, ``transfer'' means sell, barter or give.

Mental disorder, etc.

22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual

    (a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or

    (b) is impaired by alcohol or a drug.

Authorized Transfers

Authorization to transfer firearms

23. A person may transfer a firearm if, at the time of the transfer,

    (a) the transferee produces to the person a document that purports to be a licence authorizing the transferee to acquire and possess that kind of firearm;

    (b) the person

      (i) has no reason to believe that the transferee is not authorized by the document to acquire and possess that kind of firearm, and

      (ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

    (c) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

    (d) a new registration certificate for the firearm is issued in accordance with this Act; and

    (e) the prescribed conditions are complied with.

Authorization to transfer prohibited weapons, devices and ammunition

24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.

Conditions

(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if

    (a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

    (b) the business produces to the person a document that purports to be a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

    (c) the person

      (i) has no reason to believe that the business is not authorized by the document to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and

      (ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; and

    (d) the prescribed conditions are complied with.

Authorization to transfer ammunition to individuals

25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual

    (a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or

    (b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.

Authorization to transfer firearms to the Crown and to the police

26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions.

Authorization to transfer prohibited weapons, etc., to the Crown and to the police

(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

Chief firearms officer

27. On being informed of a proposed transfer of a firearm under section 23, of a proposed transfer of a firearm, prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business under section 24 or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 40(1)(c), a chief firearms officer shall

    (a) verify

      (i) whether the transferee or individual holds a licence,

      (ii) whether the transferee or individual is still eligible to hold that licence, and

      (iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

    (b) in the case of

      (i) a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), or

      (ii) a proposed importation of a restricted firearm,

    verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

    (c) decide whether to approve the transfer or importation and inform the Registrar of that decision; and

    (d) take the prescribed measures.

Permitted purposes

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) or the importation by an individual of a restricted firearm under paragraph 40(1)(c) only if the chief firearms officer is satisfied

    (a) that the individual needs the restricted firearm or handgun

      (i) to protect the life of that individual or of other individuals, or

      (ii) for use in connection with his or her lawful profession or occupation; or

    (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is

      (i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or

      (ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.

Shooting clubs and shooting ranges

29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.

Approval

(2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if

    (a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and

    (b) the premises of the shooting club or shooting range are located in that province.

Revocation

(3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).

Delegation

(4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.

Notice of refusal to approve or revocation

(5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.

Material to accompany notice

(6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Non-disclosur e of information

(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.

Gun collectors

30. The criteria referred to in subparagraph 28(b)(ii) are that the individual

    (a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;

    (b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and

    (c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.

Registrar

31. (1) On being informed of a proposed transfer of a firearm, the Registrar may

    (a) issue a new registration certificate for the firearm in accordance with this Act; and

    (b) revoke any registration certificate for the firearm held by the transferor.

Transfers of firearms to the Crown and to the police

(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm.

Mail-order transfers of firearms

32. A person may transfer a firearm by mail only if

    (a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner;

    (b) the firearm is delivered by a person designated by a chief firearms officer and the person ensures that the transferee holds a licence authorizing the transferee to acquire that kind of firearm; and

    (c) the prescribed conditions are complied with.

Authorized Lending

Authorization to lend

33. Subject to section 34, a person may lend a firearm only if

    (a) the person

      (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and

      (ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or

    (b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

Authorization to lend firearms, etc., to the Crown and to the police

34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if

    (a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and

    (b) the prescribed conditions are complied with.

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