Bill C-391

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-391

An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry)

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

CRIMINAL CODE

1. (1) Subsection 91(1) of the Criminal Code is replaced by the following:

91. (1) Subject to subsection (4), every person commits an offence who possesses a firearm without being the holder of

(a) a licence under which the person may possess it; and

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

(2) Subparagraph 91(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 it.

(3) Subsection 91(5) of the Act is repealed.

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

92. (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not the holder of

(a) a licence under which the person may possess it; and

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

(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 it.

(3) Subsections 92(5) and (6) of the Act are repealed.

3. (1) The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

(2) Subparagraphs 94(1)(a)(i) and (ii) of the Act are replaced by the following:

(i) the person or any other occupant of the motor vehicle is the holder of

(A) a licence under which the person or other occupant may possess the firearm, and

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

(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

(A) a licence under which that other occupant may possess the firearm, and

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

(3) Subsection 94(5) of the Act is repealed.

4. The portion of subsection 95(1) of the English version of the Act before paragraph (a) is replaced by the following:

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

5. Subsections 117.03(1) and (2) of the Act are replaced by the following:

117.03 (1) Despite section 117.02, a peace officer who finds

(a) a person in possession of a firearm who fails, on demand, to produce, for inspection by 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 it, or

(b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

(2) If a person from whom any thing is seized under subsection (1) claims the thing within 14 days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

(a) a licence under which the person is lawfully entitled to possess it, and

(b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,

the thing shall without delay be returned to that person.

FIREARMS ACT

6. Subparagraph 4(a)(i) of the Firearms Act is replaced by the following:

(i) licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, 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,

7. (1) Paragraph 23(1)(b) of the English version of the Act is replaced by the following:

(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

(2) Paragraphs 23(1)(c) to (f) of the Act are replaced by the following:

(c) in the case of a transfer to an individual, the transferor verifies the validity of the transferee's Firearms Licence with the Canada Firearms Centre, and obtains a reference number for the inquiry;

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

(e) the prescribed conditions are met.

8. 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 registration certificate for it to the borrower; or

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

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

10. Paragraph 35.1(1)(b) of the Act, as enacted by section 27 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following:

(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and, in the case of a restricted firearm, satisfies the customs officer that the individual holds a registration certificate for the firearm;

11. Subsection 36(1) of the Act 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 the 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

12. 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

13. Paragraphs 40(1)(b) and (c) of the Act, as enacted by section 30 of chapter 8 of the Statutes of Canada, 2003, are replaced by the following:

(b) the individual produces a licence authorizing him or her to possess that kind of firearm;

(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and

14. Section 41 of the Act, as enacted by section 31 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following:

41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for a restricted firearm until a registration certificate is issued for it.

15. 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;

16. 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 firearms.

17. The portion of section 66 of the Act before paragraph (a) is replaced by the following:

66. A registration certificate for a prohibited firearm or a restricted firearm expires when

18. Paragraph 71(1)(a) of the Act is replaced by the following:

(a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and

19. Subsection 72(5) of the Act is replaced by the following:

(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

20. Paragraphs 83(1)(a) and (b) of the Act are replaced by the following:

(a) every licence, every registration certificate for a prohibited firearm or a restricted firearm and every authorization that is issued or revoked by the Registrar;

(b) every application for a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is refused by the Registrar;

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

105. An inspector who believes on reasonable grounds that a person possesses a 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, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

22. Section 112 of the Act is repealed.

23. Sections 114 and 115 of the Act are replaced by the following:

114. Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.

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

COORDINATING AMENDMENTS

24. If Bill S-5, introduced in the 2nd session of the 40th Parliament and entitled An Act to amend the Criminal Code and another Act (in this section referred to as the “other Act”), receives royal assent and this Act comes into force, then, on the day on which this Act comes into force, section 29 of the other Act is deemed never to have come into force and is repealed.

25. (1) In this section, the “other Act” means An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003.

(2) On the first day on which both section 28 of the other Act and section 11 of this Act are in force, subsection 36(1) of the Firearms Act 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 the 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

(a) the expiry of 60 days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or

(b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

(3) If section 29 of the other Act comes into force before section 12 of this Act, then that section 12 is replaced by the following:

12. Paragraph 38(1)(a) of the Act is replaced by the following:

(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(4) If section 12 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:

(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(5) If section 29 of the other Act comes into force on the same day as section 12 of this Act, then that section 12 is deemed to have come into force before that section 29 and subsection (4) applies as a consequence.