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Bill C-462

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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-462

An Act to amend the Criminal Code and the Firearms Act (exemption of long guns from registration)

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

CRIMINAL CODE

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, cc. 2, 3, 5, 17, 18, 25, 28, 31, 32

1. (1) Paragraph 91(4)(b) of the Criminal Code is replaced by the following:

    (b) a person who comes into possession of a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition and who within a reasonable period after acquiring possession of it, lawfully disposes of it.

(2) Subsection 91(5) of the Act is replaced by the following:

Exception

(5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person is the holder of a licence under which the person may possess it.

2. (1) Paragraph 92(1)(b) of the Act is replaced by the following:

    (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm.

(2) Subparagraph 92(4)(b)(ii) of the Act is replaced by the following:

      (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm;

(3) Subsection 92(5) of the Act is repealed.

3. (1) Clause 94(1)(a)(i)(B) of the Act is replaced by the following:

        (B) in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm,

(2) Clause 94(1)(a)(ii)(B) of the Act is replaced by the following:

        (B) in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm,

(3) Subsection (5) of the Act is repealed.

4. Subsection 98(3) of the Act is repealed.

5. Subsection 106(1) of the Act is replaced by the following:

106. (1) Every person commits an offence who

    (a) after destroying any prohibited firearm, restricted firearm , prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm , prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person's possession before its destruction,

does not with reasonable dispatch report the destruction to a peace officer, firearms officer or chief firearms officer.

6. Paragraph 117.03(1)(a) of the Act is replaced by the following:

    (a) a person in possession of a firearm who fails, on demand, to produce, for inspection of the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm, or

7. Paragraph 117.03(2)(b) of the Act is replaced by the following:

    (a) in the case of a prohibited firearm or a restricted firearm, a registration certificate for the firearm,

8. Subsection 117.04(4) of the Act is replaced by the following:

(4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of seizure to seize an authorization or licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized prohibited firearm or restricted firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.

FIREARMS ACT

1995, c. 39; 1996, c. 19; 1999, cc. 3, 25

9. Paragraph 23(d) of the Firearms Act is replaced by the following:

    (d) in the case of a prohibited firearm or restricted firearm, a new registration certificate is issued in accordance with this Act; and

10. Subsection 26(1) of the Act is replaced by the following:

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

11. Section 31 of the Act is amended by adding the following after subsection (2):

Application

(3) Subsections (1) and (2) apply only to firearms that are prohibited firearms or restricted firearms.

12. Subparagraph 33(a) (ii) of the Act is replaced by the following:

      (ii) in the case of a prohibited firearm or a restricted firearm, 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

13. Paragraph 34(a) of the Act is replaced by the following:

    (a) in the case of a prohibited firearm or a restricted firearm, the transferror lends the borrower the registration certificate for the firearm; and

14. The portion of subsection 36(1) of the Act before paragraph (a) is replaced by the following:

36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of a firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of

15. Subparagraph 38(1)(a)(ii) of the Act is replaced by the following:

      (ii) produces his or her licence and, in the case of a prohibited firearm or a restricted firearm, the registration certificate for the firearm and, an authorization to transport the firearm; and

16. The portion of paragraph 40(1)(c) of the Act before subparagraph (i) is replaced by the following:

    (c) in the case of a restricted firearm for which a registration certificate has not been issued,

(2) Subparagraph 40(1)(c)(iv) of the Act is replaced by the following:

      (iv) the individual produces an authorization to transport the firearm; and

17. Section 42 of the Act is replaced by the following:

42. A customs officer shall inform the Registrar without delay of the exportation or importation of a prohibited firearm or a restricted firearm by an individual.

18. Paragraph 44(a) of the Act is replaced by the following:

    (a) in the case of a prohibited firearm or a restricted firearm, holds the registration certificate for the firearm;

19. Section 48 of the Act is replaced by the following:

48. An authorization to import a prohibited firearm or a restricted firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

20. Section 60 of the Act is replaced by the following:

60. The Registrar is responsible for issuing registration certificates for prohibited firearms and restricted firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.

21. Section 105 of the Act is replaced by the following:

105. An inspector who believes on reasonable grounds that a person possesses a prohibited firearm or a restricted firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that the person is the holder of the registration certificate for the firearm.

22. Section 112 of the Act is repealed.

23. Section 115 of the Act is replaced by the following:

115. Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction.

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