Firearms Act (S.C. 1995, c. 39)

Act current to 2014-09-01 and last amended on 2014-01-01. Previous Versions

Firearms Act

S.C. 1995, c. 39

Assented to 1995-12-05

An Act respecting firearms and other weapons

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

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Firearms Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “authorization to carry”

    « autorisation de port »

    “authorization to carry” means an authorization described in section 20;

    “authorization to export”

    « autorisation d’exportation »

    “authorization to export” means an authorization referred to in section 44 and includes a permit to export goods that is issued under the Export and Import Permits Act and that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export;

    “authorization to import”

    « autorisation d’importation »

    “authorization to import” means an authorization referred to in section 46;

    “authorization to transport”

    « autorisation de transport »

    “authorization to transport” means an authorization described in section 19;

    “business”

    « entreprise »

    “business” means a person who carries on a business that includes

    • (a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,

    • (b) the possession, purchase or sale of ammunition, or

    • (c) the purchase of cross-bows

    and includes a museum;

    “carrier”

    « transporteur »

    “carrier” means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition;

    “chief firearms officer”

    « contrôleur des armes à feu »

    “chief firearms officer” means

    • (a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province,

    • (b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or

    • (c) in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister;

    “commencement day”

    « date de référence »

    “commencement day”, in respect of a provision of this Act or the expression “former Act” in a provision of this Act, means the day on which the provision comes into force;

    “Commissioner”

    « commissaire »

    “Commissioner” means the Commissioner of Firearms appointed under section 81.1;

    “common-law partner”

    « conjoint de fait »

    “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

    “customs office”

    « bureau de douane »

    “customs office” has the meaning assigned by subsection 2(1) of the Customs Act;

    “customs officer”

    « agent des douanes »

    “customs officer” has the meaning assigned to the word “officer” by subsection 2(1) of the Customs Act;

    “federal Minister”

    « ministre fédéral »

    “federal Minister” means the Minister of Public Safety and Emergency Preparedness;

    “firearms officer”

    « préposé aux armes à feu »

    “firearms officer” means

    • (a) in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province,

    • (b) in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or

    • (c) in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister;

    “former Act”

    « loi antérieure »

    “former Act” means Part III of the Criminal Code, as it read from time to time before the commencement day;

    “museum”

    « musée »

    “museum” means a person who operates a museum

    • (a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or

    • (b) in which ammunition is possessed or bought;

    “non-resident”

    « non-résident »

    “non-resident” means an individual who ordinarily resides outside Canada;

    “prescribed”

    « réglementaire »

    “prescribed” means

    • (a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and

    • (b) in any other case, prescribed by the regulations;

    “provincial minister”

    « ministre provincial »

    “provincial minister” means

    • (a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister,

    • (b) in respect of a territory, the federal Minister, or

    • (c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister;

    “regulations”

    « règlements »

    “regulations” means regulations made by the Governor in Council under section 117.

  • Marginal note:To be interpreted with Criminal Code

    (2) For greater certainty, unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.

  • Marginal note:Deemed references to Registrar

    (2.1) Sections 5, 9, 54 to 58, 67, 68 and 70 to 72 apply in respect of a carrier as if each reference in those sections to a chief firearms officer were a reference to the Registrar and for the purposes of applying section 6 in respect of a carrier, paragraph 113(3)(b) of the Criminal Code applies as if the reference in that section to a chief firearms officer were a reference to the Registrar.

  • Marginal note:Aboriginal and treaty rights

    (3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

  • 1995, c. 39, s. 2;
  • 2000, c. 12, s. 116;
  • 2001, c. 4, s. 85;
  • 2003, c. 8, s. 9;
  • 2005, c. 10, s. 29.