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Bill S-5

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First Reading

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S-5

Second Session, Fortieth Parliament,

57-58 Elizabeth II, 2009

SENATE OF CANADA

BILL S-5

An Act to amend the Criminal Code and another Act

first reading, April 1, 2009

LEADER OF THE GOVERNMENT IN THE SENATE

90497

SUMMARY

This enactment amends the Criminal Code and the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

senate of canada

BILL S-5

An Act to amend the Criminal Code and another Act

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

SHORT TITLE

Short title

1. This Act may be cited as the Long-Gun Registry Repeal Act.

R.S., c. C-46

CRIMINAL CODE

2008, c. 6, s. 4

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

Unauthorized possession of firearm

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.

1995, c. 39, s. 139

(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.

1995, c. 39, s. 139

(3) Subsection 91(5) of the Act is repealed.

2008, c. 6, s. 5

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

Possession of firearm knowing its possession is unauthorized

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.

1995, c. 39, s. 139

(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.

1995, c. 39, s. 139

(3) Subsections 92(5) and (6) of the Act are repealed.

2008, c. 6, s. 7

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

Unauthorized possession in motor vehicle

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

1995, c. 39, s. 139

(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

1995, c. 39, s. 139

(3) Subsection 94(5) of the Act is repealed.

2008, c. 6, s. 8(1)

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

Possession of prohibited or restricted firearm with ammunition

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

1995, c. 39, s. 139

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

Seizure on failure to produce authorization

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.

Return of seized thing on production of authorization

(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.

1995, c. 39

FIREARMS ACT

7. 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,

2003, c. 8, s. 17

8. (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;

2003, c. 8, s. 17

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

(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.

2003, c. 8, s. 20

9. The portion of section 27 of the Act before paragraph (d) is replaced by the following:

Chief firearms officer

27. On being informed of a proposed transfer of a firearm under section 23, a chief firearms officer shall

(a) verify

(i) whether the transferee holds a licence,

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

(iii) whether the licence authorizes the transferee to acquire that kind of firearm;

(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee 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 and, in the case of a prohibited firearm or a restricted firearm, inform the Registrar of that decision; and

10. 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

11. 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

12. 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;

13. Subsection 36(1) of the Act is replaced by the following:

Temporary licence and registration certificate

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.

14. 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

15. 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

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

Temporary registration certificate

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.

17. 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;

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

Registration certificates and authorizations to export or import

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.

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

Term of registration certificates

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

20. 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

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

Disposal of firearms — registration certificate

(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.

22. 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;

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

Demand to produce firearm

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.

24. The portion of section 109 of the Act before paragraph (a) is replaced by the following:

Punishment

109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m), (m.1) or (n) the contravention of which has been made an offence under paragraph 117(o)

25. Section 112 of the Act is repealed.

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

Failure to deliver up revoked licence, etc.

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.

Punishment

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

27. (1) Section 117 of the Act is amended by adding the following after paragraph (m):

(m.1) regulating the keeping and destruction of records by businesses in relation to firearms that are neither prohibited firearms nor restricted firearms;

2003, c. 8, s. 54(3)

(2) Paragraph 117(o) of the Act is replaced by the following:

(o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m), (m.1) or (n);

28. Subsection 119(3) of the Act is replaced by the following:

Exception — urgency

(3) A regulation made under paragraph 117(i), (l), (m), (m.1), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances.

COORDINATING AMENDMENTS

2003, c. 8

29. (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 13 of this Act are in force, subsection 36(1) of the Firearms Act is replaced by the following:

Temporary licence and registration certificate

36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and in the case of a restricted firearm, as a registration certificate for the firearm, for a period of

(a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or

(b) in the case of any other declaration, 60 days after the importation.

(3) If section 29 of the other Act comes into force before section 14 of this Act, then that section 14 is replaced by the following:

14. 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 14 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 14 of this Act, then that section 14 is deemed to have come into force before that section 29 and subsection (4) applies as a consequence.

COMING INTO FORCE

Order in council

30. The provisions of this Act, other than sections 12, 15, 16 and 29, come into force on a day or days to be fixed by order of the Governor in Council.

Published under authority of the Senate of Canada

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Criminal Code

Clause 2: (1) Existing text of subsection 91(1):

91. (1) Subject to subsections (4) and (5), 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) a registration certificate for the firearm.

(2) Relevant portion of subsection 91(4):

(4) Subsections (1) and (2) do not apply to

...

(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

...

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

(3) Existing text of subsection 91(5):

(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

(a) has borrowed the firearm;

(b) is the holder of a licence under which the person may possess it; and

Clause 3: (1) Existing text of subsection 92(1):

92. (1) Subject to subsections (4) and (5), 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) a registration certificate for the firearm.

(2) Relevant portion of subsection 92(4):

(4) Subsections (1) and (2) do not apply to

...

(i) lawfully disposes of it, or

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

(3) Existing text of subsections 92(5) and (6):

(a) has borrowed the firearm;

(b) is the holder of a licence under which the person may possess it; and

(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.

Clause 4: (1) and (2) Relevant portion of subsection 94(1):

94. (1) Subject to subsections (3) to (5), 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

(a) in the case of a firearm,

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

(A) an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

(B) a registration certificate for the firearm,

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

(A) an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

(B) a registration certificate for the firearm, or

(3) Existing text of subsection 94(5):

(5) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is 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

(a) has borrowed the firearm;

(b) is the holder of a licence under which the person may possess it; and

Clause 5: Relevant portion of subsection 95(1):

Clause 6: Existing text of subsections 117.03(1) and (2):

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

(2) Where a person from whom any thing is seized pursuant to subsection (1) claims the thing within fourteen 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) an authorization or a licence under which the person is lawfully entitled to possess it, and

(b) in the case of a firearm, a registration certificate for the firearm,

the thing shall forthwith be returned to that person.

Firearms Act

Clause 7: Relevant portion of section 4:

4. The purpose of this Act is

(a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of

(i) licences, registration certificates and authorizations 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,

Clause 8: (1) and (2) Relevant portion of subsection 23(1):

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

...

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

(d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

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

(f) the prescribed conditions are complied with.

Clause 9: Relevant portion of section 27:

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, 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 a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), 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;

Clause 10: Relevant portion of section 33:

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

(a) the person

...

(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

Clause 11: Relevant portion of section 34:

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, to a police force or to a municipality if

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

Clause 12: Relevant portion of subsection 35.1(1):

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

...

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

Clause 13: Existing text of subsection 36(1):

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.

Clause 14: Relevant portion of subsection 38(1):

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

(a) the individual

...

(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

Clause 15: Relevant portion of subsection 40(1):

40. (1) An individual who holds a licence may import a firearm that was exported in accordance with section 38 if, at the time of importation

...

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

(c) in the case of a prohibited firearm or restricted firearm, the individual holds an authorization to transport the prohibited firearm or restricted firearm; and

Clause 16: Text of section 41:

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

Clause 17: Relevant portion of section 44:

44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization

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

Clause 18: Existing text of section 60:

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

Clause 19: Relevant portion of section 66:

66. A registration certificate for a firearm expires where

Clause 20: Relevant portion of subsection 71(1):

71. (1) The Registrar

(a) may revoke a registration certificate for any good and sufficient reason; and

Clause 21: Existing text of subsection 72(5):

(5) A notice given under subsection (1) in respect of a registration certificate 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 and section 112 of this Act do not apply to the applicant or holder.

Clause 22: Relevant portion of subsection 83(1):

83. (1) The Registrar shall establish and maintain a registry, to be known as the Canadian Firearms Registry, in which shall be kept a record of

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

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

Clause 23: Existing text of section 105:

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 the person is the holder of the registration certificate for the firearm.

Clause 24: Relevant portion of section 109:

109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

Clause 25: Existing text of section 112:

112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm.

(2) Subsection (1) does not apply to

(a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it;

(b) a person who comes into possession of a firearm by operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it or obtains a registration certificate for it; or

(c) a person who possesses a firearm and who is not the holder of a registration certificate for the firearm if the person

(i) has borrowed the firearm,

(ii) is the holder of a licence under which the person may possess it, and

(iii) is in possession of the firearm to hunt or trap in order to sustain himself or herself or his or her family.

(3) Every person who, at any particular time between the commencement day and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is neither a prohibited firearm nor a restricted firearm is deemed for the purposes of subsection (1) to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for the firearm.

(4) Where, in any proceedings for an offence under this section, any question arises as to whether a person is the holder of a registration certificate, the onus is on the defendant to prove that the person is the holder of the registration certificate.

Clause 26: Existing text of sections 114 and 115:

114. Every person commits an offence who, being the holder of a licence, registration certificate or 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 112, 113 or 114 is guilty of an offence punishable on summary conviction.

Clause 27: (1) and (2) Relevant portion of section 117:

117. The Governor in Council may make regulations

...

(o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n);

Clause 28: Existing text of subsection 119(3):

(3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances.

Table of Contents

COORDINATING AMENDMENTS

COMING INTO FORCE