Firearms Act (S.C. 1995, c. 39)

Marginal note:Information to be submitted to Commissioner

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

General

Agreements with Provinces

Marginal note:Agreements with provinces

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

• (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.

Other Matters

Marginal note:Other obligations not affected

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.

Marginal note:Exemptions — Governor in Council

• 97 (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

• Marginal note:Exemptions — federal Minister

  (2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

• Marginal note:Exemptions — provincial minister

  (3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

• Marginal note:Public safety

  (4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

• Marginal note:Conditions

  (5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

Delegation

Marginal note:Authorized chief firearms officer may perform functions of provincial minister

98 A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.

Marginal note:Designated officers may perform functions of chief firearms officers

99 A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation.

Marginal note:Designated officers may perform functions of Registrar

100 A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.

Inspection

Marginal note:Definition of “inspector”

101 In sections 102 to 105, inspector means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.

Marginal note:Inspection

• 102 (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may

  • (a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply;

  • (b) examine any firearm and examine any other thing that the inspector finds and take samples of it;

  • (c) conduct any tests or analyses or take any measurements; and

  • (d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In carrying out an inspection of a place under subsection (1), an inspector may

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

• Marginal note:Use of force

  (3) In carrying out an inspection of a place under subsection (1), an inspector may not use force.

• Marginal note:Receipt for things taken

  (4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm.

• Marginal note:Definition of “business”

  (5) For greater certainty, in this section, business has the meaning assigned by subsection 2(1).

Marginal note:Duty to assist inspectors

103 The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall

• (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and

• (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.

Marginal note:Inspection of dwelling-house

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

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

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

• Marginal note:Authority to issue warrant

  (2) A justice who on ex parte application is satisfied by information on oath

  • (a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused

  may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.

• Marginal note:Areas that may be inspected

  (3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only

  • (a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and

  • (b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.