Firearms Act (S.C. 1995, c. 39)

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.

Marginal note:Exception — handguns

97.1 Sections 12.2 and 19.1 do not apply in respect of an individual who

• (a) holds an authorization to carry in respect of a handgun; or

• (b) meets the prescribed criteria and annually provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating

  • (i) that they are training, competing or coaching in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee,

  • (ii) the disciplines in which they train, compete or coach, and

  • (iii) that the handgun in question is necessary for training, competing or coaching in those disciplines.

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.

Marginal note:Demand to produce firearm

105 An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

Offences

Marginal note:False statements to procure licences, etc.

• 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.

• Marginal note:False statements to procure customs confirmations

  (2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act 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 document.

• Marginal note:Definition of “statement”

  (3) In this section, statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

Marginal note:Tampering with licences, etc.

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

• (b) a confirmation by a customs officer of a document under this Act.

Marginal note:Unauthorized possession of ammunition

108 Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.

Marginal note:Punishment

109 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (k.2), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Contravention of conditions of licences, etc.

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

Marginal note:Punishment

111 Every person who commits an offence under section 110 or who does not comply with section 103

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Advertising

• 112 (1) Every business or every person referred to below commits an offence that advertises a firearm in a manner that depicts, counsels or promotes violence against a person:

  • (a) a person who is an owner of or partner in the business;

  • (b) if the business is a corporation, a person who is a director or officer of the corporation;

  • (c) a person who has a relationship with a person referred to in paragraph (a) or (b) and who has a direct influence on the operations of the business.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel.

• Marginal note:Punishment

  (2) Every business that, or every person referred to in paragraph (1)(a), (b) or (c) who, commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment

    • (i) in the case of a first offence, for a term not exceeding two years, and

    • (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

Marginal note:Non-compliance with demand to produce firearm

113 Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105.

Marginal note:Failure to deliver up revoked licence, etc.

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

Marginal note:Punishment

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