Bill C-68

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Royal Assent

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Individuals acting for police force, Canadian Forces and visiting forces	117.08 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual
	(a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance,
	(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition,
	(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,
	(d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,
	(e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger,
	(f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or
	(g) alters a serial number on a firearm,
	if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province.
Employees of businesswith licence	117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment in relation to those specified activities,
	(a) possesses a prohibited firearm, a prohibited weapon, a prohibited device or any prohibited ammunition;
	(b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any prohibited ammunition;
	(c) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger; or
	(d) alters a serial number on a firearm.
Employees of business with licence	(2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.
Employees of carriers	(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual's duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.
Employees of museums handling functioning imitation antique firearm	(4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm.
Employees of museums handling firearms generally	(5) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual possesses or transfers a firearm in the course of the individual's duties or employment if the individual is designated, by name, by a provincial minister within the meaning of subsection 2(1) of the Firearms Act.
Public safety	(6) A provincial minister shall not designate an individual for the purpose of subsection (5) where it is not desirable, in the interests of the safety of any person, to designate the individual.
Conditions	(7) A provincial minister may attach to a designation referred to in subsection (5) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.
Restriction	117.1 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).
	General
Onus on the accused	117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.
Authorization s, etc., as evidence	117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.
Certified copies	(2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.
Certificate of analyst	117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.
Attendance of analyst	(2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
Notice of intention to produce certificate	(3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
Proof of service	(4) For the purposes of this Act, service of a certificate of an analyst may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.
Attendance for examination	(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.
Amnesty period	117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.
Purposes of amnesty period	(2) An order made under subsection (1) may declare an amnesty period for the purpose of
	(a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or
	(b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.
Reliance on amnesty period	(3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.
Proceedings are a nullity	(4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity.
Regulations	117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.
Restriction	(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.
	RELATED AND CONSEQUENTIAL AMENDMENTS TO THE CRIMINAL CODE
1991, c. 28, s. 12	140. The definition ``offence'' in section 183 of the Act is amended by replacing the reference to ``90 (possession of prohibited weapon), 95 (importing or exporting of prohibited weapon),'' with a reference to ``96 (possession of weapon obtained by commission of offence), 99 (weapons trafficking), 100 (possession for purpose of weapons trafficking), 102 (making automatic firearm), 103 (importing or exporting knowing it is unauthorized), 104 (unauthorized importing or exporting)''.
	141. Section 220 of the Act is replaced by the following:
Causing death by criminal negligence	220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for life.
	142. Section 236 of the Act is replaced by the following:
Manslaughter	236. Every person who commits manslaughter is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for life.
	143. Section 239 of the Act is replaced by the following:
Attempt to commit murder	239. Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for life.
	144. Section 244 of the Act is replaced by the following:
Causing bodily harm with intent - firearm	244. Every person who, with intent
	(a) to wound, maim or disfigure any person,
	(b) to endanger the life of any person, or
	(c) to prevent the arrest or detention of any person,
	discharges a firearm at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years.
Causing bodily harm with intent - air gun or pistol	244.1 Every person who, with intent
	(a) to wound, maim or disfigure any person,
	(b) to endanger the life of any person, or
	(c) to prevent the arrest or detention of any person,
	discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
	145. Section 272 of the Act is replaced by the following:
Sexual assault with a weapon, threats to a third party or causing bodily harm	272. (1) Every person commits an offence who, in committing a sexual assault,
	(a) carries, uses or threatens to use a weapon or an imitation of a weapon;
	(b) threatens to cause bodily harm to a person other than the complainant;
	(c) causes bodily harm to the complainant; or
	(d) is a party to the offence with any other person.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for a term not exceeding fourteen years.
	146. Subsection 273(2) of the Act is replaced by the following:
Aggravated sexual assault	(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for life.
	147. Subsection 279(1) of the Act is replaced by the following:
Kidnapping	279. (1) Every person commits an offence who kidnaps a person with intent
	(a) to cause the person to be confined or imprisoned against the person's will;
	(b) to cause the person to be unlawfully sent or transported out of Canada against the person's will; or
	(c) to hold the person for ransom or to service against the person's will.
Punishment	(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
	(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
	(b) in any other case, to imprisonment for life.
R.S., c. 27 (1st Supp.), s. 40(1)	148. Subsection 279.1(2) of the Act is replaced by the following:
Hostage-takin g	(2) Every person who takes a person hostage is guilty of an indictable offence and liable

Bill C-68

General

RELATED AND CONSEQUENTIAL AMENDMENTS TO THE CRIMINAL CODE