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Bill C-15B

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RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Criminal Code and to amend other Acts''.

SUMMARY

This enactment amends the Criminal Code by consolidating animal cruelty offences and increasing the maximum penalties.

This enactment also amends the Criminal Code and the Firearms Act in order to simplify compliance with the firearms program, to modernize administrative procedures and to meet Canada's emerging international obligations by

    (a) in Part III of the Criminal Code,

      (i) modernizing the description of firearms that are deemed not to be firearms for the purpose of the Firearms Act and certain provisions of the Criminal Code,

      (ii) providing that there is no forfeiture of goods that are the subject of a prohibition order made under section 515 of the Criminal Code, and

      (iii) providing that an authorization, licence or registration certificate for firearms be revoked or amended only for the period that a prohibition order made under that section is in force; and

    (b) in the Firearms Act,

      (i) eliminating the requirement that the renewal of licences and authorizations be dealt with in the same manner as for their first issuance,

      (ii) permitting applications for and issuance of licences, registration certificates and authorizations to be made by electronic means,

      (iii) establishing a pre-approval process for the importation of firearms by non-residents by giving the Registrar of Firearms statutory authority to carry out eligibility checks,

      (iv) authorizing the making of regulations respecting the importation and exportation of firearms and parts and components designed for use in the manufacture or assembly of firearms,

      (v) expanding the grandfathered class for certain prohibited firearms,

      (vi) modifying the employee licensing requirements,

      (vii) authorizing the Governor in Council to appoint a Commissioner of Firearms, and

      (viii) providing for the appointment or deployment of the Registrar of Firearms under the Public Service Employment Act.

EXPLANATORY NOTES

Criminal Code

Clause 2: (1) New.

(2) The relevant portion of subsection 84(3) reads as follows:

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

    . . .

    (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

      (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second, or

      (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second.

Clause 3: The relevant portion of subsection 85(1) reads as follows:

85. (1) Every person commits an offence who uses a firearm

    (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent - firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

Clause 4: The relevant portion of subsection 109(1) reads as follows:

109. (1) Where a person is convicted, or discharged under section 730, of

    . . .

    (c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or

    . . .

the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the 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) of (3), as the case may be.

Clause 5: New.

Clause 6: Section 116 reads as follows:

116. Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

Clause 7: The relevant portion of subsection 117.07(2) reads as follows:

(2) In this section, ``public officer'' means

    . . .

    (h) a chief firearms officer and any firearms officer.

Clause 8: New.

Clause 9: The heading before section 444 and sections 444 to 447 read as follows:

Cattle and Other Animals

444. Every one who wilfully

    (a) kills, maims, wounds, poisons or injures cattle, or

    (b) places poison in such a position that it may easily be consumed by cattle,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

445. Every one who wilfully and without lawful excuse

    (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose, or

    (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose,

is guilty of an offence punishable on summary conviction.

Cruelty to Animals

446. (1) Every one commits an offence who

    (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

    (b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;

    (c) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it;

    (d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;

    (e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

    (f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

    (g) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f).

(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

(3) For the purposes of proceedings under paragraph (1)(a) or (b), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering, damage or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering, damage or injury was caused or was permitted to be caused wilfully or was caused by wilful neglect, as the case may be.

(4) For the purpose of proceedings under paragraph (1)(d), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he encouraged, aided or assisted at the fighting or baiting.

(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or a bird during any period not exceeding two years.

(6) Every one who owns or has the custody or control of an animal or a bird while he is prohibited from doing so by reason of an order made under subsection (5) is guilty of an offence punishable on summary conviction.

447. (1) Every one who builds, makes, maintains or keeps a cockpit on premises that he owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises is guilty of an offence punishable on summary conviction.

(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.

Firearms Act

Clause 10: (1) The definitions ``authorization to export'', ``authorization to transport'' and ``carrier'' in subsection 2(1) read as follows:

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

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

``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;

(2) New.

(3) New.

Clause 11: The relevant portion of subsection 5(2) reads as follows:

(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 730 of the Criminal Code of

      . . .

      (iv) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act;

Clause 12: The relevant portion of subsection 7(2) reads as follows:

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

Clause 13: Subsections 9(3.1) and (3.2) are new. Subsection 9(3) reads as follows:

(3) A business other than a carrier is eligible to hold a licence only if every employee of the business who, in the course of duties of employment, handles or would handle firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition is the holder of a licence authorizing the holder to acquire restricted firearms.

Clause 14: Section 10 reads as follows:

10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.

Clause 15: Subsection 12(6.1) is new. Subsections 12(6) and (7) read as follows:

(6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual

    (a) on February 14, 1995

      (i) held a registration certificate under the former Act for one or more of those handguns, or

      (ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns;

    (b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and

    (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns.

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6) that was manufactured before 1946 if the particular individual is the spouse or a brother, sister, child or grandchild of an individual who was eligible under this or that subsection to hold a licence authorizing the individual to possess the particular handgun.

Clause 16: Sections 17 and 18 read as follows:

17. Subject to sections 18 to 20, a prohibited firearm or restricted firearm the holder of the registration certificate for which is an individual may be possessed only at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a chief firearms officer.

18. An individual who holds a licence authorizing the individual to possess prohibited firearms may be authorized to transport a particular prohibited firearm between two or more specified places

    (a) in the case of a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or

    (b) if the individual

      (i) changes residence,

      (ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

      (iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

      (iv) wishes to transport the firearm to a gun show.

Clause 17: (1) and (2) Paragraph 19(1)(a.1) is new. The relevant portion of subsection 19(1) reads as follows:

19. (1) An individual who holds a licence authorizing the individual to possess restricted firearms may be authorized to transport a particular restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(3) Subsection 19(2) reads as follows:

(2) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with section 35.

Clause 18: Section 23 reads as follows:

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.

Clause 18: The relevant portion of subsection 24(2) reads as follows:

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

    . . .

    (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

Clause 20: Section 26 reads as follows:

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.

(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.

Clause 21: (1) and (2) The relevant portion of section 27 reads as follows:

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

    . . .

    (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

Clause 22: The relevant portion of section 28 reads as follows:

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

Clause 23: Subsection 29(7) reads as follows:

(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.

Clause 24: Subsection 31(2) reads as follows:

(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.

Clause 25: The relevant portion of section 32 reads as follows:

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

    . . .

    (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

Clause 26: The relevant portion of section 34 reads as follows:

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

Clause 27: (1) and (2) Paragraphs 35(1)(c) and (d) are new. Subsections 35(1) to (3) read as follows:

35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,

    (a) the non-resident

      (i) is eighteen years old or older,

      (ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

      (iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and

    (b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

Clause 28: New.

Clause 29: Subsections 36(1.1) and (1.2) are new. Subsections 36(1) and (2) read as follows:

36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and 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

    (a) the expiration of those sixty days, and

    (b) the expiration of the authorization to transport.

(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

Clause 30: Sections 37 and 38 read as follows:

37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,

    (a) the non-resident

      (i) declares the firearm to a customs officer, and

      (ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and

    (b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.

38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation,

    (a) the individual

      (i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

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

    (b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.

(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.

Clause 31: Subsections 40(1) to (3) read as follows:

40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,

    (a) the individual declares the firearm to a customs officer in the prescribed manner;

    (b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;

    (c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,

      (i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,

      (ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,

      (iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and

      (iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and

    (d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

Clause 32: Sections 40.1 and 40.2 are new. Section 41 reads as follows:

41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

Clause 33: New.

Clause 34: Subsection 47(4) reads as follows:

(4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.

Clause 35: New.

Clause 36: Sections 50 and 51 read as follows:

50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.

51. The Registrar shall inform the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import.

Clause 37: Subsection 54(1) reads as follows:

54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees.

Clause 38: New.

Clause 39: Subsections 61(1) and (2) read as follows:

61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it.

(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it.

Clause 40: Subsections 63(1) and (2) read as follows:

63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

(2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued.

Clause 41: (1) New.

(2) Subsections 64(5) to (7) are new. Subsections 64(3) and (4) read as follows:

(3) A licence that is issued to a business other than a museum expires on the earlier of

    (a) one year after the day on which it is issued, and

    (b) the expiration of the period for which it is expressed to be issued.

(4) A licence that is issued to a museum expires on the earlier of

    (a) three years after the day on which it is issued, and

    (b) the expiration of the period for which it is expressed to be issued.

Clause 42: Subsection 65(3) reads as follows:

(3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires

    (a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of

      (i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and

      (ii) the expiration of the licence; and

    (b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years.

Clause 43: Subsections 67(1) and (2) read as follows:

67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued.

(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for

    (a) the purpose described in section 28 for which the individual acquired the restricted firearms or handguns; or

    (b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application.

Clause 44: The relevant portion of subsection 70(1) reads as follows:

70. (1) A chief firearms officer who issues a licence, authorization to carry or authorization to transport may revoke it for any good and sufficient reason including, without limiting the generality of the foregoing,

Clause 45: The relevant portion of subsection 71(1) reads as follows:

71. (1) The Registrar

    . . .

    (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for

      (i) the purpose for which the individual acquired it, or

      (ii) in the case of a firearm possessed by the individual on the commencement day, the purpose specified by the individual in the licence application.

Clause 46: Subsection 72(1.1) is new. Subsection 72(1) reads as follows:

72. (1) Where a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

Clause 47: Section 73 and the heading before it read as follows:

International and Interprovincial Carriers

73. Sections 54 to 72 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.

Clause 48: The relevant portion of subsection 74(1) reads as follows:

74. (1) Subject to subsection (2), where

    . . .

    (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for

      (i) the purpose for which the individual acquired the firearm, or

      (ii) in the case of a firearm possessed by an individual on the commencement day, the purpose specified by the individual in the licence application, or

Clause 49: New.

Clause 50: Section 82.1 is new. Section 82 reads as follows:

82. The Commissioner of the Royal Canadian Mounted Police shall, after consulting with the federal Minister and the Solicitor General of Canada, appoint an individual as the Registrar of Firearms.

Clause 51: Sections 93 and 94 read as follows:

93. (1) The Registrar shall, as soon as possible after the end of each calendar year and at such other times as the Solicitor General of Canada may, in writing, request, submit to the Solicitor General a report, in such form and including such information as the Solicitor General may direct, with regard to the administration of this Act.

(2) The Solicitor General of Canada shall have each report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Solicitor General receives it.

94. A chief firearms officer shall submit the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Registrar to compile the reports referred to in section 93.

Clause 52: Section 97 reads as follows:

97. (1) Subject to subsection (2), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

(2) Subsection (1) does not apply where it is not desirable, in the interests of the safety of any person, that the employees of the business be so exempted.

(3) A provincial minister may attach to an exemption any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.

Clause 53: Section 99 reads as follows:

99. (1) Subject to subsections (2) and (3), a firearms officer who is designated in writing by a chief firearms officer may perform such duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code as are specified in the designation.

(2) A licence that is issued to a business authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition must be issued by a chief firearms officer personally.

(3) An authorization to carry must be issued by a chief firearms officer personally.

Clause 54: Subsection 104(1) reads as follows:

104. (1) An inspector may not enter a dwelling-house under section 102 except

    (a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and

    (b) with the consent of the occupant or under a warrant.

Clause 55: (1) to (3) Paragraphs 117 (a.1) and (k.1) to (k.3) are new. The relevant portion of section 117 reads as follows:

117. The Governor in Council may make regulations

    . . .

    (k) for authorizing

      (i) the possession at any place,

      (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration, or

      (iii) 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;

    . . .

    (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (l), (m) or (n);

Clause 56: Section 169 and the heading before it read as follows:

Customs Tariff

169. Code 9965 of Schedule VII to the Customs Tariff is replaced by the following:

9965 1. For the purposes of this Code:

    (a) ``firearm'' and ``weapon'' have the meanings assigned by section 2 of the Criminal Code;

    (b) ``automatic firearm'', ``licence'', ``prohibited ammunition'', ``prohibited device'', ``prohibited firearm'', ``prohibited weapon'', ``restricted firearm'' and ``restricted weapon'' have the meanings assigned by subsection 84(1) of the Criminal Code;

    (c) ``public officer'' has the meaning assigned by subsection 117.07(2) of the Criminal Code;

    (d) ``business'', ``carrier'' and ``non-resident'' have the meanings assigned by subsection 2(1) of the Firearms Act; and

    (e) ``visiting force'' has the meaning assigned by section 2 of the Visiting Forces Act.

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:

    (a) prohibited goods imported by

      (i) a public officer in the course of the public officer's duties or employment, or

      (ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province,

    (b) prohibited goods imported through a prescribed port by a business that meets the requirements set out in sections 43, 46 and 47 of the Firearms Act;

    (c) prohibited goods, or any class of prohibited goods, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code;

    (d) any weapon that, pursuant to subsection 84(3) of the Criminal Code, is deemed not to be a firearm;

    (e) any firearm, other than a prohibited firearm, imported by

      (i) a non-resident who meets the requirements of section 35 of the Firearms Act, or

      (ii) an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (c) of that Act and, where the firearm was exported in accordance with section 38, paragraph 40(1)(b) of that Act;

    (f) any prohibited firearm imported by an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (b) and subsection 40(4) of the Firearms Act;

    (g) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued pursuant to section 8 of the Export and Import Permits Act;

    (h) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and

    (i) arms, military stores, munitions of war, or classes thereof, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code.

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