An Act to amend the Criminal Code and the Firearms Act (S.C. 2012, c. 6)

Assented to 2012-04-05

Marginal note:1995, c. 39

FIREARMS ACT

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

  • (i) licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

 The Act is amended by adding the following before section 13:

Marginal note:Registration certificate

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

Marginal note:2003, c. 8, s. 17

 Section 23 of the Act is replaced by the following:

Marginal note:Authorization to transfer firearms neither prohibited nor restricted

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

  • (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and

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

Marginal note:Voluntary request to Registrar
  • 23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.

  • Marginal note:No record of request

    (2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

Marginal note:Authorization to transfer prohibited or restricted firearms
  • 23.2 (1) A person may transfer a prohibited firearm or a restricted firearm if, at the time of the transfer,

    • (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

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

    • (c) the transferor informs the Registrar of the transfer;

    • (d) if the transferee is an individual, the transferor informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

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

    • (f) the prescribed conditions are met.

  • Marginal note:Notice

    (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.