Bill S-231

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First Reading

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2nd Session, 41st Parliament,

62-63-64 Elizabeth II, 2013-2014-2015

senate of canada

BILL S-231

An Act to amend the Firearms Act, the Criminal Code and the Defence Production Act

SHORT TITLE

Short title

1. This Act may be cited as the Strengthening Canadians’ Security and Promoting Hunting and Recreational Shooting Act.

1995, c. 39

FIREARMS ACT

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

(i) licences for firearms and authorizations and inscription certificates for prohibited firearms or circumscribed 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,

3. Subsection 5(3) of the Act is replaced by the following:

Exception

(3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess a hunting firearm is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).

4. (1) Subsection 7(2) of the Act is replaced by the following:

Circumscribed firearms safety course

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

(a) successfully completes a circumscribed firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or

(b) passes a circumscribed firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.

(2) The portion of paragraph 7(3)(b) of the Act before subparagraph (ii) is replaced by the following:

(b) is eligible to hold a licence authorizing the individual to possess circumscribed firearms only if the individual has, after the expiration of the prohibition order,

(i) successfully completed a circumscribed firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and

(3) Paragraph 7(4)(e) of the Act is replaced by the following:

(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess hunting firearms.

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

No prohibited or circumscribed firearms

(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or circumscribed firearms or to acquire firearms or cross-bows.

6. (1) Subsection 9(1) of the Act is replaced by the following:

Businesses

9. (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of circumscribed firearms.

(2) Subsections 9(3) and (3.1) of the Act are replaced by the following:

Employees — firearms

(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire hunting firearms.

Employees — prohibited firearms or circumscribed firearms

(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or circumscribed firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire circumscribed firearms.

7. (1) Paragraph 12(2)(c) of the Act is replaced by the following:

(c) beginning on the commencement day was continuously the holder of an inscription certificate for one or more automatic firearms.

(2) Paragraph 12(3)(c) of the Act is replaced by the following:

(c) beginning on the commencement day was continuously the holder of an inscription certificate for one or more automatic firearms that have been so altered.

(3) Paragraph 12(4)(c) of the Act is replaced by the following:

(c) beginning on the commencement day was continuously the holder of an inscription certificate for one or more firearms that were so declared.

(4) Paragraph 12(5)(c) of the Act is replaced by the following:

(c) beginning on the commencement day was continuously the holder of an inscription certificate for one or more firearms that were so declared.

(5) Paragraph 12(6)(b) of the Act is replaced by the following:

(b) beginning on December 1, 1998, the particular individual was continuously the holder of an inscription certificate for that kind of handgun.

(6) The portion of paragraph 12(8)(b) of the Act after subparagraph (i) is replaced by the following:

(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the inscription certificate was issued

was continuously the holder of an inscription certificate for one or more of those firearms.

(7) Section 12 of the Act is amended by adding the following after subsection (8):

Precision

(9) For the purposes of paragraphs 12(2)(c), (3)(c), (4)(c), (5)(c),(6)(b) and 8(b), “inscription certificate” includes, in respect of any firearm or handgun referred to in these paragraphs, a registration certificate under this Act as it read before the coming into force of this subsection.

8. The heading before section 12.1 and sections 12.1 and 13 of the Act are replaced by the following:

Inscription Certificates

Inscription certificate

12.1 An inscription certificate may only be issued for a prohibited firearm or a circumscribed firearm.

Eligibility

13. A person is not eligible to hold an inscription certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.

9. The portion of section 14 of the Act before paragraph (a) is replaced by the following:

Serial number

14. An inscription certificate may be issued only for a firearm

10. Section 15 of the Act is replaced by the following:

Exempted firearms

15. An inscription certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.

11. Subsection 16(1) of the Act is replaced by the following:

Only one person per inscription certificate

16. (1) An inscription certificate for a firearm may be issued to only one person.

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

Places where prohibited and circumscribed firearms may be possessed

17. (1) Subject to subsection (2) and to sections 19 and 20, a prohibited firearm or circumscribed firearm, the holder of the inscription certificate for which is an individual, may be possessed only at a shooting club or a storage facility recorded in the Canadian Firearms Registry.

Dwelling-house

(2) A handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) or a circumscribed firearm, the holder of the inscription certificate for which is an individual, may also be possessed at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, if the individual possesses it in that dwelling-house as part of a collection and fulfills the conditions set out in section 30.

13. (1) The portion of subsection 19(1) before paragraph (a) is replaced by the following:

Reasons — transporting and using prohibited firearms or circumscribed firearms

19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or circumscribed firearms may not be authorized to cause a particular prohibited firearm or circumscribed firearm to be transported between two or more specified places except for the following reasons:

(2) Paragraphs 19(1)(a.1) and (b) of the Act are replaced by the following:

(a.1) to provide instructions in the use of firearms as part of a circumscribed firearms safety course that is approved by the federal Minister; or

(b) if the individual

(i) changes residence while he or she possesses a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) as part of a collection in accordance with section 30,

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

(iii) wishes to cause the firearm to be transported for repair, storage, sale, exportation or appraisal, or

(iv) wishes to cause the firearm to be transported to a gun show.

(3) Subsection 19(2) and (3) of the act are replaced by the following:

Exception for prohibited firearms other than prohibited handguns

(2) Notwithstanding subsection (1), an individual may not be authorized to cause a prohibited firearm, other than a handgun referred to in subsection 12(6.1), to be transported, under that subsection, except for the purposes referred to in paragraph (1)(b).

Non-residents

(3) A non-resident may be authorized to cause a particular circumscribed firearm to be transported between specified places in accordance with sections 35 and 35.1.

14. The Act is amended by adding the following after section 19:

Transporting prohibited firearms or circumscribed firearms

19.1 Only a carrier may transport a prohibited firearm or a circumscribed firearm referred to in section 19.

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

Carrying circumscribed firearms and handguns

20. An individual who holds a licence authorizing the individual to possess circumscribed firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular circumscribed firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular circumscribed firearm or handgun

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

16. The portion of section 23 of the Act before paragraph (a) is replaced by the following:

Authorization to transfer hunting firearms

23. A person may transfer a hunting firearm if, at the time of the transfer,

17. (1) The portion of subsection 23.2(1) of the Act before paragraph (a) is replaced by the following:

Authorization to transfer prohibited or circumscribed firearms

23.2 (1) A person may transfer a prohibited firearm or a circumscribed firearm if, at the time of the transfer,

(2) Paragraph 23.2(1)(e) of the Act is replaced by the following:

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

(3) Subsection 23.2(2) of the Act is replaced by the following:

Notice

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue an inscription certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

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

Authorization to transfer prohibited or circumscribed firearms to Crown, etc.

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

19. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:

Chief firearms officer

27. On being informed of a proposed transfer of a prohibited firearm or circumscribed firearm under section 23.2, a chief firearms officer shall

(2) Paragraph 27(b) of the Act is replaced by the following:

(b) in the case of a proposed transfer of a circumscribed 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 circumscribed firearm or handgun and determine whether the particular circumscribed firearm or handgun is appropriate for that purpose;

20. (1) The portion of section 28 of the Act before paragraph (a) is replaced by the following:

Permitted purposes

28. A chief firearms officer may approve the transfer to an individual of a circumscribed firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

(2) The portion of paragraph 28(a) of the English version of the Act before subparagraph (i) is replaced by the following:

(a) that the individual needs the circumscribed firearm or handgun

(3) The portion of paragraph 28(b) of the English version of the Act before subparagraph (i) is replaced by the following:

(b) that the purpose for which the individual wishes to acquire the circumscribed firearm or handgun is

21. (1) Paragraph 30(a) of the Act is replaced by the following:

(a) has knowledge of the historical, technological or scientific characteristics that relate to or distinguish the circumscribed firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that he or she possesses;

(2) Paragraphs 30(b) and (c) of the English version of the Act are replaced by the following:

(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the circumscribed firearms or handguns are to be kept; and

(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of circumscribed firearms or handguns.

22. (1) Paragraphs 31(1)(a) and (b) of the Act are replaced by the following:

(a) issue a new inscription certificate for the firearm in accordance with this Act; and

(b) revoke any inscription certificate for the firearm held by the transferor.

(2) Subsection 31(2) of the Act is replaced by the following:

Transfers of firearms to the Crown and to the police

(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 inscription certificate for the firearm.

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

(ii) in the case of a prohibited firearm or a circumscribed firearm, lends the inscription certificate for it to the borrower; or

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

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

25. (1) Subparagraph 35(1)(a)(iii) of the English version of the Act is replaced by the following:

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

(2) Paragraph 35(1)(c) of the French version of the Act is replaced by the following:

c) il produit, s’il s’agit d’une arme à feu à prohibition localisée, l’autorisation de transport y afférente;

(3) The portion of subsection 35(4) of the Act before paragraph (a) is replaced by the following:

Non-compliance

(4) Where a hunting firearm is declared at a customs office to a customs officer and

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

Temporary licence and inscription 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 circumscribed firearm, as an inscription certificate for the firearm until

(a) the expiry of 60 days after the importation, in the case of a hunting 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 circumscribed firearm.

27. Subsection 42.2(1) of the Act is replaced by the following:

Obligation to provide information

42.2 (1) A business may import a prohibited firearm or a circumscribed firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation.

28. The heading “LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS” before section 54 of the Act is replaced by the following:

LICENCES, INSCRIPTION CERTIFICATES AND AUTHORIZATIONS

29. (1) Subsection 54(1) of the Act is replaced by the following:

Applications

54. (1) A licence, inscription certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

(2) The portion of subsection 54(2) of the English version of the Act before paragraph (a) is replaced by the following:

To whom made

(2) An application for a licence, inscription certificate or authorization must be made to

(3) Paragraph 54(2)(b) of the Act is replaced by the following:

(b) the Registrar, in the case of an inscription certificate, an authorization to export or an authorization to import.

(4) The portion of subsection 54(3) of the Act before paragraph (a) is replaced by the following:

Pre-commencement circumscribed firearms and handguns

(3) An individual who, on the commencement day, possesses one or more circumscribed firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess circumscribed firearms or handguns that are so referred to,

(5) Paragraph 54(3)(a) of the English version of the Act is replaced by the following:

(a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess circumscribed firearms or handguns that are so referred to; and

30. Section 59 of the Act is replaced by the following:

Different inscribed owner

59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the inscription certificate for the particular prohibited firearm or circumscribed firearm was issued.

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

Inscription certificates and authorizations to export or import

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

32. (1) Subsection 61(1) of the Act is replaced by the following:

Form

61. (1) A licence or inscription certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

(2) Subsection 61(4) of the Act is replaced by the following:

Businesses

(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.

33. Section 62 of the Act is replaced by the following:

Not transferable

62. Licences, inscription certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

34. Subsection 63(1) of the Act is replaced by the following:

Geographical extent

63. (1) Licences, inscription certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

35. Subsections 64(1.1) to (1.4) of the Act are repealed.

36. The portion of subsection 65(3) of the Act before paragraph (a) is replaced by the following:

Authorizations to transport

(3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a circumscribed firearm 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, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of

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

Term of inscription certificates

66. An inscription certificate for a prohibited firearm or a circumscribed firearm expires when

(a) the holder of the inscription certificate ceases to be the owner of the firearm; or

38. (1) Subsection 67(2) of the Act is replaced by the following:

Circumscribed firearms and pre-December 1, 1998 handguns

(2) On renewing a licence authorizing an individual to possess circumscribed firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.

(2) The portion of subsection 67(3) of the Act before paragraph (a) is replaced by the following:

Registrar

(3) A chief firearms officer who decides that any circumscribed firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

39. Section 69 of the Act is replaced by the following:

Inscription certificates

69. The Registrar may refuse to issue an inscription certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for an inscription certificate, where the applicant is not eligible to hold an inscription certificate.

40. Section 71 of the Act is replaced by the following:

Revocation of inscription certificate

71. (1) The Registrar

(a) may revoke an inscription certificate for a prohibited firearm or a circumscribed firearm for any good and sufficient reason; and

(b) shall revoke an inscription 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 a purpose described in section 28.

Automatic revocation of inscription certificate

(2) An inscription certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the inscription certificate.

41. (1) Subsection 72(1) of the Act is replaced by the following:

Notice of refusal to issue or revocation

72. (1) Subject to subsection (1.1), if 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 an inscription 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, inscription certificate or authorization.

(2) Paragraphs 72(1.1)(a) and (b) of the English version of the Act are replaced by the following:

(a) if the holder has requested that the licence, inscription certificate or authorization be revoked; or

(b) if the revocation is incidental to the issuance of a new licence, inscription certificate or authorization.

(3) Subsections 72(5) and (6) of the Act are replaced by the following:

Disposal of firearms — inscription certificate

(5) A notice given under subsection (1) in respect of an inscription certificate for a prohibited firearm or a circumscribed firearm must specify a reasonable period during which the applicant for or holder of the inscription 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 inscription certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Reference

(6) If the applicant for or holder of the licence or inscription certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

42. (1) The portion of subsection 74(1) of the Act before paragraph (b) is replaced by the following:

Reference to judge of refusal to issue or revocation, etc.

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

(a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, inscription certificate, authorization to transport, authorization to export or authorization to import,

(2) The portion of subsection 74(1) of the English version of the Act after paragraph (c) is replaced by the following:

the applicant for or holder of the licence, inscription certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.

43. (1) Subsection 75(1) of the English version of the Act is replaced by the following:

Hearing of reference

75. (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, inscription certificate, authorization or approval, in such manner as the provincial court judge may specify.

(2) Subsection 75(3) of the English version of the Act is replaced by the following:

Burden of proof

(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, inscription certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.

44. Paragraphs 76(b) and (c) of the Act are replaced by the following:

(b) direct the chief firearms officer or Registrar to issue a licence, inscription certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or

(c) cancel the revocation of the licence, inscription certificate, authorization or approval or the decision of the chief firearms officer under section 67.

45. Subsection 77(1) of the Act is replaced by the following:

Appeal to superior court

77. (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, inscription certificate, authorization or approval, as the case may be, may appeal to the superior court against the order.

46. Paragraph 78(4)(c) of the English version of the Act is replaced by the following:

(c) the applicant for or holder of the licence, inscription certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and

47. Subparagraphs 79(1)(b)(i) and (ii) of the Act are replaced by the following:

(i) direct the chief firearms officer or Registrar to issue a licence, inscription certificate or authorization or direct the provincial minister to approve a shooting club or shooting range, or

(ii) cancel the revocation of the licence, inscription certificate, authorization or approval or the decision of the chief firearms officer under section 67.

48. The heading “CANADIAN FIREARMS REGISTRATION SYSTEM” before section 82 of the Act is replaced by the following:

CANADIAN FIREARMS INSCRIPTION SYSTEM

49. Section 82 of the French version of the Act is replaced by the following:

Directeur de l’immatriculation des armes à feu

82. Le poste de directeur de l’immatriculation des armes à feu est pourvu par nomination ou mutation conformément à la Loi sur l’emploi dans la fonction publique.

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

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

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

51. Section 86 of the Act is replaced by the following:

Records to be transferred

86. The records kept in the registry maintained pursuant to section 114 of the former Act that relate to inscription certificates shall be transferred to the Registrar.

52. Section 88 of the Act is replaced by the following:

Reporting of loss, finding, theft and destruction

88. A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a circumscribed firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.

53. Paragraph 95(a) of the Act is replaced by the following:

a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, inscription certificates and authorizations and applications for licences, inscription certificates and authorizations and the operation of the Canadian Firearms Inscription System; and

54. Section 96 of the Act is replaced by the following:

Other obligations not affected

96. The issuance of a licence, inscription certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.

55. 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 circumscribed firearm, the person is the holder of the inscription certificate for it.

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

False statements to procure licences, etc.

106. (1) Every person commits an offence who, for the purpose of procuring a licence, inscription certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, inscription certificate or authorization.

57. Paragraph 107(a) of the English version of the Act is replaced by the following:

(a) a licence, inscription certificate or authorization; or

58. Section 110 of the act is replaced by the following:

Contravention of conditions of licences, etc.

110. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, inscription certificate or authorization held by the person.

59. Section 114 of the Act is replaced by the following:

Failure to deliver up revoked licence, etc.

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

60. (1) Paragraph 117(a) of the Act is replaced by the following:

(a) regulating the issuance of licences, inscription certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;

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

(b) regulating the revocation of licences, inscription certificates and authorizations;

(3) Paragraph 117(j.1) of the Act is repealed.

(4) Paragraph 117(p) of the Act is replaced by the following:

(p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, inscription certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act;

61. Subsection 121(2) of the Act is replaced by the following:

Authorizations

(2) A permit that is deemed to be a licence authorizes the holder to possess hunting firearms.

62. The Act is modified by adding, after section 135, the following:

REVIEW BY PARLIAMENT

Review of Act by parliamentary committee

135.1 (1) A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose.

Review and report

(2) The committee referred to in subsection (1) must, within a year after the review is undertaken or within any further period that the Senate, the House of Commons, or both Houses of Parliament, as the case may be, may authorize, submit a report on the review to Parliament that includes a statement of any changes to this Act or its operation that the committee recommends.

R.S., c. C-46

CRIMINAL CODE

63. Section 2.1 of the Criminal Code is replaced by the following:

Further definitions — firearms

2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “circumscribed firearm”, “cross-bow”, “handgun”, “hunting firearm”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm” and “restricted weapon”, as well as “authorization”, “inscription certificate” and “licence” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

64. Paragraph 83.3(11)(b) of the Act is replaced by the following:

(b) the authorizations, licences and inscription certificates that are held by the person shall be surrendered.

65. (1) The definitions of “registration certificate” and “restricted firearm”, in subsection 84(1) of the Act, are repealed.

(2) The definition of “prohibited firearm”, in subsection 84(1) of the Act, is amended by deleting “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) any other firearm that is not a hunting firearm or a circumscribed firearm;

(3) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

“circumscribed firearm”
« arme à feu à prohibition localisée »

“circumscribed firearm” means

(a) a handgun that is not a prohibited firearm;

(b) a firearm — other than a prohibited firearm — that has a barrel equal to or less than 470 mm;

(c) a firearm — other than a prohibited firearm — that is capable of discharging centre fire ammunition in a semi-automatic manner; or

(d) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise;

“hunting firearm”
« arme à feu de chasse »

“hunting firearm” means a firearm — other than a prohibited firearm or a circumscribed firearm — that is prescribed to be a hunting firearm and that

(a) has a smoothbore barrel that is more than 470 mm long,

(b) has a striated barrel that is more than 470 mm long and that can discharge 22-calibre centre-fire ammunition in a semi-automatic manner; or

(c) is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise;

“inscription certificate”
« certificat d’iminscription »

“inscription certificate” means an inscription certificate issued under the Firearms Act;

(4) Paragraph 84(4)(b) of the Act is replaced by the following:

(b) an inscription certificate for a firearm if

(i) the inscription certificate has been issued to the person and the person continues to hold it, or

(ii) the person possesses the inscription certificate with the permission of its lawful holder.

66. (1) The portion of subsection 91(1) of the Act before paragraph (a) is replaced by the following:

Unauthorized possession of firearm

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

(2) Paragraph 91(1)(b) of the Act is replaced by the following:

(b) in the case of a prohibited firearm or a circumscribed firearm, an inscription certificate for it.

(3) Paragraph 91(4)(a) of the Act is replaced by the following:

(a) a person who possesses a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition 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; or

(4) Paragraph 91(4)(b) of the Act is replaced by the following:

(b) a person who comes into possession of a prohibited firearm, a circumscribed firearm or a hunting 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,

(i) lawfully disposes of it, or

(ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a circumscribed firearm, an inscription certificate for it.

67. (1) The portion of subsection 92(1) of the Act before paragraph (a) 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 prohibited firearm, a circumscribed firearm or a hunting firearm knowing that the person is not the holder of

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

(b) in the case of a prohibited firearm or a circumscribed firearm, an inscription certificate for it.

(3) Paragraph 92(4)(a) of the Act is replaced by the following:

(4) Paragraph 92(4)(b) of the Act is replaced by the following:

(i) lawfully disposes of it, or

(ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a circumscribed firearm, an inscription certificate for it.

68. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:

93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the prohibited firearm, circumscribed firearm, hunting firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

69. (1) The portion of subsection 94(1) of the Act before subparagraph (a)(i) 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 prohibited firearm, a circumscribed firearm or a hunting 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 prohibited firearm, a circumscribed firearm or a hunting firearm,

(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 circumscribed firearm, an authorization and an inscription 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 circumscribed firearm, an authorization and an inscription certificate for it, or

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

Possession of prohibited or circumscribed firearm with ammunition

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

(2) Paragraph 95(1)(b) of the Act is replaced by the following:

(b) the inscription certificate for the firearm.

71. (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:

a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

(2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) where the object in question is a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

72. (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:

Possession for purpose of weapons trafficking

100. (1) Every person commits an offence who possesses a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:

Punishment — firearm

73. Subsection 101(1) of the Act is replaced by the following:

Transfer without authority

101. (1) Every person commits an offence who transfers a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

74. (1) Subsection 103(1)(a) of the Act is replaced by the following:

(a) a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

(2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) where the object in question is a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

75. Paragraph 104(1)(a) of the Act is replaced by the following:

(a) a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

76. Paragraphs 105(1)(a) and (b) of the Act are replaced by the following:

(a) having lost a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or an inscription certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

(b) on finding a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

77. Paragraphs 106(1)(a) and (b) of the Act are replaced by the following:

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

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

78. Subsection 107(1) of the Act is replaced by the following:

False statements

107. (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a circumscribed firearm or a hunting firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or an inscription certificate.

79. Paragraph 108(3) of the Act is replaced by the following:

Exception

(3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or circumscribed firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and an inscription certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

80. (1) Subsection 109(1) of the Act is amended by adding the following after paragraph (a):

(a.1) an indictable offence in the commission of which violence was used, threatened or attempted against

(i) the person’s current or former intimate partner,

(ii) a child or parent of the person or of anyone referred to in subparagraph (i), or

(iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii),

(2) Paragraph 109(1)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or circumscribed firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

(3) Paragraphs 109(2)(a) and (b) of the Act are replaced by the following:

(a) any firearm, other than a prohibited firearm or circumscribed firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

(i) begins on the day on which the order is made, and

(ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

(b) any prohibited firearm, circumscribed firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

(b)

81. Section 110 of the Act is amended by adding the following after subsection (2):

Exception

(2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against

(a) the person’s current or former intimate partner;

(b) a child or parent of the person or of anyone referred to in paragraph (a); or

82. (1) The portion of subsection 113(1) of the French version of the Act before paragraph (a) is replaced by the following:

Levée de l’interdiction

113. (1) La juridiction compétente peut rendre une ordonnance autorisant le contrôleur des armes à feu ou le directeur à délivrer à une personne qui est ou sera visée par une ordonnance d’interdiction, une autorisation, un permis ou un certificat d’immatriculation, selon le cas, aux conditions qu’elle estime indiquées, si cette personne la convainc :

(2) The portion of subsection 113(1) of the English version of the Act after paragraph (b) is replaced by the following:

the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or an inscription certificate, as the case may be, to the person for sustenance or employment purposes.

(3) Paragraph 113(3)(a) of the Act is replaced by the following:

(a) an authorization, a licence or an inscription certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

83. Paragraph 114(b) of the Act is replaced by the following:

(b) every authorization, licence and inscription certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

84. (1) Subsection 116(1) of the Act is replaced by the following:

Authorizations revoked or amended

116. (1) Subject to subsection (2), every authorization, licence and inscription 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.

(2) Subsection 116(2) of the English version of the Act is replaced by the following:

Duration of revocation or amendment — orders under section 515

(2) An authorization, a licence and an inscription certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked or amended, as the case may be, only in respect of the period during which the order is in force.

85. Subsection 117.01(2) of the Act is replaced by the following:

Failure to surrender authorization, etc.

(2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or inscription certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

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

(a) a person in possession of a prohibited firearm, a circumscribed firearm or a hunting 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 circumscribed firearm, an inscription certificate for it, or

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

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

87. (1) Subsections 117.04(1) and (2) of the Act are replaced by the following:

Application for warrant to search and seize

117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or inscription certificate relating to any such thing, that is held by or in the possession of the person.

Search and seizure without warrant

(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or inscription certificate relating to any such thing, that is held by or in the possession of the person.

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

Authorizations, etc., revoked

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

88. Subsection 117.06(2) of the Act is replaced by the following:

Restoration of authorizations

(2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or an inscription certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or inscription certificate be restored.

89. Subsection 117.09(1) of the Act is replaced by the following:

Employees of business with licence

117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire circumscribed firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment in relation to those specified activities,

90. Sections 117.11 and 117.12 of the Act are replaced by the following:

Onus on the accused

117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or an inscription certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or inscription certificate.

Authorizations, etc., as evidence

117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or an inscription certificate is evidence of the statements contained therein.

Certified copies

(2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or inscription certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or inscription certificate would have had if it had been proved in the ordinary way.

91. Subsection 117.15(2) of the Act is replaced by the following:

Restriction

(2) On the recommendation of the Commissioner of Firearms, the Governor in Council may prescribe any firearm to be a hunting firearm only if, in the opinion of the Governor in Council, the firearm to be prescribed is reasonable for use in Canada for hunting.

92. The portion of paragraph 239(1)(a) of the Act before subparagraph (i) is replaced by the following:

(a) if a circumscribed firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

93. The portion of paragraph 244(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) if a circumscribed firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

94. The portion of paragraph 244.2(3)(a) of the Act before subparagraph (i) is replaced by the following:

(a) if a circumscribed firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

95. The portion of paragraph 272(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) if a circumscribed firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

96. The portion of paragraph 273(2)(a) of the Act before subparagraph (i) is replaced by the following:

97. The portion of paragraph 279(1.1)(a) of the Act before subparagraph (i) is replaced by the following:

98. The portion of paragraph 279.1(2)(a) of the Act before subparagraph (i) is replaced by the following:

99. The portion of paragraph 344(1)(a) of the Act before subparagraph (i) is replaced by the following:

100. The portion of paragraph 346(1.1)(a) of the Act before subparagraph (i) is replaced by the following:

101. Subparagraph (a)(xviii) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a circumscribed firearm or prohibited firearm or any firearm in connection with criminal organization),

102. Paragraph 499(2)(e) of the Act is replaced by the following:

(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or inscription certificate or other document enabling that person to acquire or possess a firearm;

103. Paragraph 503(2.1)(e) of the Act is replaced by the following:

104. Paragraph 515(4.11)(b) of the Act is replaced by the following:

(b) the authorizations, licences and inscription certificates held by the person shall be surrendered.

105. Paragraph 810(3.11)(b) of the Act is replaced by the following:

(b) the authorizations, licences and inscription certificates held by the person shall be surrendered.

106. Subsection 810.01(5.1) of the Act is replaced by the following:

Surrender, etc.

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and inscription certificates that are held by the defendant shall be surrendered.

107. Subsection 810.1(3.04) of the Act is replaced by the following:

Surrender, etc.

(3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and inscription certificates that are held by the defendant should be surrendered.

108. Subsection 810.2(5.1) of the Act is replaced by the following:

Surrender, etc.

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and inscription certificates that are held by the defendant should be surrendered.

109. Paragraph (e) of Form 11.1 of Part XXVIII of the Act is replaced by the following:

(e) to abstain from possessing a firearm and to surrender to (name of peace officer or other person designated) any firearm in my possession and any authorization, licence or inscription certificate or other document enabling the acquisition or possession of a firearm;

Explanatory Notes

Firearms Act

Clause 2: Existing text of 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 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,

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

(3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).

Clause 4: (1) Existing text of subsection 7(2):

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

(a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or

(b) passes a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.

(2) Existing text of relevant portions of subsection 7(3):

(3) An individual against whom a prohibition order was made

. . .

(b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,

(i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and

(3) Existing text of relevant portions of subsection 7(4):

(4) Subsections (1) and (2) do not apply to an individual who

. . .

(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms.

Clause 5: Existing text of subsection 8(4):

(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.

Clause 6: (1) Existing text of subsection 9(1):

(2) Existing text of subsections 9(3) and (3.1):

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

Clause 7: (1) Existing text of relevant portions of subsection 12(2):

(2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual

. . .

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

(2) Existing text of relevant portions of subsection 12(3):

(3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual

. . .

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.

(3) Existing text of relevant portions of subsection 12(4):

(4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

. . .

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

(4) Existing text of relevant portions of subsection 12(5):

(5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

. . .

(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

(5) Existing text of relevant portions of subsection 12(6):

(6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if

. . .

(b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

(6) Existing text of relevant portions of subsection 12(8):

(8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual

. . .

(b) beginning on

. . .

(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued

was continuously the holder of a registration certificate for one or more of those firearms.

(7) New.

Clause 8: Existing text of the heading and sections 12.1 and 13:

Registration Certificates

12.1 A registration certificate may only be issued for a prohibited firearm or a restricted firearm.

13. A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.

Clause 9: Existing text of relevant portion of section 14:

14. A registration certificate may be issued only for a firearm

Clause 10: Existing text of section 15:

15. A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.

Clause 11: Existing text of subsection 16(1):

16. (1) A registration certificate for a firearm may be issued to only one person.

Clause 12: Existing text of section 17:

17. Subject to sections 19 and 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 recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

Clause 13: (1) and (2) Existing text of relevant portions of subsection 19(1):

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

. . .

(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; 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.

(3) Existing text of subsections 19(2) and (3):

(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).

(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.

Clause 14: New.

Clause 15: Existing text of section 20:

20. An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

Clause 16: Existing text of relevant portion of section 23:

23. A person may transfer a firearm that is neither a prohibited firearm nor a restricted firearm if, at the time of the transfer,

Clause 17: (1) and (2) Existing text of relevant portions of subsection 23.2(1):

23.2 (1) A person may transfer a prohibited firearm or a restricted firearm if, at the time of the transfer,

. . .

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

(3) Existing text of subsection 23.2(2):

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

Clause 18: Existing text of subsection 26(1):

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

Clause 19: (1) and (2) Existing text of relevant portions of section 27:

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23.2, a chief firearms officer shall

. . .

(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 20: Existing text of section 28:

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

(a) that the individual needs the restricted firearm or handgun

(i) to protect the life of that individual or of other individuals, or

(ii) for use in connection with his or her lawful profession or occupation; or

(b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is

(i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or

(ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.

Clause 21: Existing text of section 30:

30. The criteria referred to in subparagraph 28(b)(ii) are that the individual

(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;

(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and

(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.

Clause 22: Existing text of section 31:

31. (1) On being informed of a proposed transfer of a firearm, the Registrar may

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

(b) revoke any registration certificate for the firearm held by the transferor.

(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 23: Existing text of relevant portions of section 33:

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

(a) the person

. . .

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

Clause 24: Existing text of relevant portions 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 prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and

Clause 25: (1) and (2) Existing text of subsection 35(1):

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).

(3) Existing text of relevant portion of subsection 35(4):

(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and

Clause 26: 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, 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.

Clause 28: Existing text of heading:

LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS

Clause 29: (1) Existing text of subsection 54(1):

54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

(2) and (3) Existing text of relevant portions of subsection 54(2):

(2) An application for a licence, registration certificate or authorization must be made to

. . .

(b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

(4) and (5) Existing text of relevant portion of subsection 54(3):

(3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

(a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

Clause 30: Existing text of section 59:

59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.

Clause 31: Existing text of section 60:

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.

Clause 32: (1) Existing text of subsection 61(1):

61. (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

(2) Existing text of subsection 61(4):

(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.

Clause 33: Existing text of section 62:

62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

Clause 34: Existing text of subsection 63(1):

63. (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

Clause 36: Existing text of relevant portion of subsection 65(3):

(3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm 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, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of

Clause 37: Existing text of relevant portion of section 66:

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

(a) the holder of the registration certificate ceases to be the owner of the firearm; or

Clause 38: Existing text of subsections 67(2) and (3):

(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.

(3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

(a) give notice of that decision in the prescribed form to the individual; and

(b) inform the Registrar of that decision.

Clause 39: Existing text of section 69:

69. The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Clause 40: Existing text of section 71:

71. (1) The Registrar

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

(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 a purpose described in section 28.

(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

Clause 41: (1) and (2) Existing text of subsections 72(1) and (1.1):

72. (1) Subject to subsection (1.1), if 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.

(1.1) Notice under subsection (1) need not be given in any of the following circumstances:

(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or

(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

(3) Existing text of subsections 72(5) and (6):

(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.

(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

Clause 42: Existing text of relevant portion of subsection 74(1):

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

(a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import,

. . .

the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.

Clause 43: (1) Existing text of subsection 75(1):

75. (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify.

(2) Existing text of subsection 75(3):

(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.

Clause 44: Existing text of relevant portions of section 76:

76. On the hearing of a reference, the provincial court judge may, by order,

. . .

(b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or

(c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Clause 45: Existing text of subsection 77(1):

77. (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order.

Clause 46: Existing text of relevant portions of subsection 78(4):

(4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on

. . .

(c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and

Clause 47: Existing text of relevant portions of subsection 79(1):

79. (1) On the hearing of an appeal, the superior court may

. . .

(b) allow the appeal and, in the case of an appeal against an order made under paragraph 76(a),

(i) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range, or

(ii) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Clause 48: Existing text of heading:

CANADIAN FIREARMS REGISTRATION SYSTEM

Clause 49: Existing text of section 82:

82. An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act.

Clause 50: Existing text of relevant portions 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, 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;

Clause 51: Existing text of section 86:

86. The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.

Clause 52: Existing text of section 88:

88. A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a restricted firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.

Clause 53: Existing text of relevant portions of section 95:

95. The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces

(a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and

Clause 54: Existing text of section 96:

96. The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.

Clause 55: 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, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

Clause 56: Existing text of subsection 106(1):

106. (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization.

Clause 57: Existing text of relevant portion of section 107:

107. Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies

(a) a licence, registration certificate or authorization; or

Clause 58: Existing text of section 110:

110. Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.

Clause 59: Existing text of section 114:

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.

Clause 60: Existing text of relevant portions of section 117:

117. The Governor in Council may make regulations

(a) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;

. . .

(b) regulating the revocation of licences, registration certificates and authorizations;

. . .

(p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, registration certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act;

Clause 61: Existing text of subsection 121(2):

(2) A permit that is deemed to be a licence authorizes the holder to possess firearms that are neither prohibited firearms nor restricted firearms.

Clause 62: New.

Criminal Code

Clause 63: Existing text of section 2.1:

2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

Clause 64: Existing text of relevant portions of subsection 83.3(11):

(11) If the judge adds the condition described in subsection (10) to a recognizance, they shall specify in it the manner and method by which

. . .

(b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.

Clause 65: (1) Text of the definitions:

“registration certificate” means a registration certificate issued under the Firearms Act;

“restricted firearm” means

(a) a handgun that is not a prohibited firearm,

(b) a firearm that

(i) is not a prohibited firearm,

(ii) has a barrel less than 470 mm in length, and

(iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

(c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

(d) a firearm of any other kind that is prescribed to be a restricted firearm;

(2) Existing text of the definition:

“prohibited firearm” means

(a) a handgun that

(i) has a barrel equal to or less than 105 mm in length, or

(ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

(b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

(i) is less than 660 mm in length, or

(ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

(c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

(d) any firearm that is prescribed to be a prohibited firearm;

(3) New.

(4) Existing text of relevant portions of subsection 84(4):

(4) For the purposes of this Part, a person is the holder of

. . .

(b) a registration certificate for a firearm if

(i) the registration certificate has been issued to the person and the person continues to hold it, or

(ii) the person possesses the registration certificate with the permission of its lawful holder.

Clause 66: (1) and (2) Existing text of relevant portions of subsection 91(1):

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

. . .

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

(3) and (4) Existing text of subsection 91(4):

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

(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition 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; or

(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,

(i) lawfully disposes of it, or

(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.

Clause 67: (1) and (2) Existing text of relevant portions of subsection 92(1):

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

. . .

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

(3) and (4) Existing text 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 prohibited firearm or a restricted firearm, a registration certificate for it.

Clause 68: Existing text of relevant portion of subsection 93(1):

93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

Clause 69: Existing text of relevant portion of subsection 94(1):

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

(a) in the case of a firearm,

(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

Clause 70: Existing text of relevant portions of section 95(1):

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

. . .

(b) the registration certificate for the firearm.

Clause 71: (1) Existing text of subsection 99(1):

99. (1) Every person commits an offence who

(a) manufactures or transfers, whether or not for consideration, or

(b) offers to do anything referred to in paragraph (a) in respect of

a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

(2) Existing text of relevant portion of subsection 99(2):

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

Clause 72: (1) Existing text of relevant portion of subsection 100(1):

100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

(2) Existing text of relevant portion of subsection 100(2):

Clause 73: Existing text of subsection 101(1):

101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Clause 74: (1) Existing text of relevant portion of subsection 103(1):

103. (1) Every person commits an offence who imports or exports

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

(2) Existing text of relevant portion of paragarph 103(2):

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

Clause 75: Existing text of relevant portion of subsection 104(1):

104. (1) Every person commits an offence who imports or exports

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

Clause 76: Existing text of subsection 105(1):

105. (1) Every person commits an offence who

(a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

(b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

Clause 77: Existing text of subsection 106(1):

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 despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

Clause 76: (1) Existing text of subsection 107(1):

107. (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

Clause 79: Existing text of subsection 108(3):

(3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

Clause 80: (1) and (2) Existing text of relevant portions of subsection 109(1):

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

. . .

(b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

(3) Existing text of subsection 109(2):

(2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

(i) begins on the day on which the order is made, and

(b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

Clause 81: New.

Clause 82: (1) and (2) Existing text of subsection 113(1):

113. (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that

(a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or

(b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,

the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

(3) Existing text of relevant portion of subsection 113(3):

(3) Where an order is made under subsection (1),

(a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

Clause 83: Existing text of relevant portions of section 114:

114. A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer

. . .

(b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

Clause 84: Existing text of section 116:

116. (1) Subject to subsection (2), 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.

(2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

Clause 85: Existing text of subsection 117.01(2):

(2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

Clause 86: (1) Existing text of relevant portion of subsection 117.03(1):

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

(2) Existing text of relevant portions of subsection 117.03(2):

(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,

. . .

(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.

Clause 87: (1) Existing text of subsections 117.04(1) and (2):

117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

(2) Existing text of subsection 117.04(4):

(4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized 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.

Clause 88: Existing text of subsection 117.06(2):

(2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.

Clause 89: Existing text of relevant portion of subsection 117.09(1):

117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment in relation to those specified activities,

Clause 90: Existing text of sections 117.11 and 117.12:

117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.

117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

(2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.

Clause 91: Existing text of subsection 117.15(2):

(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

Clause 92: Existing text of relevant portion of subsection 239(1):

239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

Clause 93: Existing text of relevant portion of subsection 244(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

Clause 94: Text of relevant portion of subsection 244.2(3):

(3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

Clause 95: Existing text of relevant portion of subsection 272(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

Clause 96: Existing text of relevant portion of subsection 273(2):

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

Clause 97: Existing text of relevant portion of subsection 279(1.1):

(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

Clause 98: Existing text of relevant portion of subsection 279.1(2):

(2) Every person who takes a person hostage is guilty of an indictable offence and liable

Clause 99: Existing text of relevant portion of subsection 344(1):

344. (1) Every person who commits robbery is guilty of an indictable offence and liable

Clause 100: Existing text of relevant portion of subsection 346(1.1):

(1.1) Every person who commits extortion is guilty of an indictable offence and liable

Clause 101: Existing text of relevant portions of the definition:

“designated offence” means

(a) an offence under any of the following provisions:

. . .

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

Clause 102: Existing text of relevant portions of subsection 499(2):

(2) In addition to the conditions for release set out in paragraphs (1)(a), (b) and (c), the officer in charge may also require the person to enter into an undertaking in Form 11.1 in which the person, in order to be released, undertakes to do one or more of the following things:

. . .

(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;

Clause 103: Existing text of relevant portions of subsection 503(2.1):

(2.1) In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.1 in which the person undertakes to do one or more of the following things:

. . .

Clause 104: Existing text of relevant portions of subsection 515(4.11):

(4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

. . .

(b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Clause 105: Existing text of relevant portions of subsection 810(3.11):

(3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

. . .

(b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Clause 106: Existing text of subsection 810.01(5.1):

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.

Clause 107: Existing text of subsection 810.1(3.04):

(3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

Clause 108: Existing text of subsection 810.2(5.1):

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

Clause 109: Existing text of relevant portions of Form 11.1 of the Schedule to XXVIII:

FORM 11.1

(Sections 493, 499 and 503)

UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE

Canada, Province of ................................., (territorial division).

I, A.B., of ................................., (occupation), understand that it is alleged that I have committed (set out substance of the offence).

In order that I may be released from custody by way of (a promise to appear or a recognizance), I undertake to (insert any conditions that are directed):

. . .

(e) to abstain from possessing a firearm and to surrender to (name of peace officer or other person designated) any firearm in my possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm;