Order Declaring an Amnesty Period (SOR/98-467)

Regulations are current to 2017-11-20

Order Declaring an Amnesty Period

SOR/98-467

CRIMINAL CODE

Registration 1998-09-16

Order Declaring an Amnesty Period

P.C. 1998-1667 1998-09-16

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 117.14(1)Footnote a of the Criminal Code, hereby makes the annexed Order Declaring an Amnesty Period.

Interpretation

 The definitions in this section apply in this Order.

former Act

former Act has the same meaning as in subsection 2(1) of the Firearms Act. (loi antérieure)

prohibited handgun

prohibited handgun means a handgun that is referred to in paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

public service agency

public service agency has the same meaning as in section 1 of the Public Agents Firearms Regulations. (agence de services publics)

Prohibited Handguns — Individuals

 Any individual who, during the period beginning on December 1, 1998 and ending on December 31, 2005, is in possession of a prohibited handgun, other than a handgun referred to in subsection 12(6) of the Firearms Act, that was acquired and registered after February 14, 1995 and before December 1, 1998, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

  • (a) deactivating the handgun so that it is no longer a firearm;

  • (b) changing the barrel length so that the handgun becomes a restricted firearm, and turning in the prohibited barrel to a police officer or a firearms officer;

  • (c) exporting the handgun in accordance with all applicable legal requirements, including the legal requirements of the country to which the handgun is exported;

  • (d) turning in the handgun to a police officer or a firearms officer for destruction or other disposal; or

  • (e) selling or giving the handgun to a business — including a museum — licensed under subsection 11(2) of the Firearms Act to possess such a handgun, or to a public service agency.

  • SOR/98-472, s. 6;
  • SOR/99-452, s. 1;
  • SOR/2001-13, s. 1;
  • SOR/2001-233, s. 1;
  • SOR/2002-6, s. 1;
  • SOR/2002-439, s. 1;
  • SOR/2003-414, s. 1.

 Any individual who is not an individual referred to in subsection 12(6) of the Firearms Act and who, during the period beginning on December 1, 1998 and ending on December 31, 2005, is in possession of a prohibited handgun referred to in that subsection that was acquired by the individual after February 14, 1995 and before December 1, 1998 and for which a registration certificate had been issued to or applied for by another individual under the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

  • (a) deactivating the handgun so that it is no longer a firearm;

  • (b) changing the barrel length so that the handgun becomes a restricted firearm, and turning in the prohibited barrel to a police officer or a firearms officer;

  • (c) exporting the handgun in accordance with all applicable legal requirements, including the legal requirements of the country to which the handgun is exported;

  • (d) turning in the handgun to a police officer or a firearms officer for destruction or other disposal;

  • (e) selling or giving the handgun to a business — including a museum — licensed under subsection 11(2) of the Firearms Act to possess such a handgun, or to a public service agency; or

  • (f) selling or giving the handgun to an individual referred to in subsection 12(6) of the Firearms Act who is licenced to possess such a handgun.

  • SOR/98-472, s. 7;
  • SOR/99-452, s. 2;
  • SOR/2001-13, s. 1;
  • SOR/2001-233, s. 1;
  • SOR/2002-6, s. 1;
  • SOR/2002-439, s. 1;
  • SOR/2003-414, s. 1.

Prohibited Handguns — Businesses

 Any person who was the holder of a permit to carry on a business required under subsection 105(4) of the former Act and who, during the period beginning on December 1, 1998 and ending on December 31, 2005, is in possession of a prohibited handgun acquired on or before February 14, 1995 and reported to the Commissioner or to an authorized person under paragraph 105(1.1)(d) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

  • (a) deactivating the handgun so that it is no longer a firearm;

  • (b) changing the barrel length so that the handgun becomes a restricted firearm, and turning in the prohibited barrel to a police officer or a firearms officer;

  • (c) exporting the handgun in accordance with all applicable legal requirements, including the legal requirements of the country to which the handgun is exported;

  • (d) turning in the handgun to a police officer or a firearms officer for destruction or other disposal; or

  • (e) selling or giving the handgun to a business — including a museum — licensed under subsection 11(2) of the Firearms Act to possess such a handgun, or to a public service agency.

  • SOR/98-472, s. 8;
  • SOR/99-452, s. 3;
  • SOR/2001-13, s. 1;
  • SOR/2001-233, s. 1;
  • SOR/2002-6, s. 1;
  • SOR/2002-439, s. 1;
  • SOR/2003-414, s. 1.

 Any person who was the holder of a permit to carry on a business required under subsection 105(4) of the former Act and who, during the period beginning on December 1, 1998 and ending on December 31, 2005, is in possession of a prohibited handgun acquired after February 14, 1995 and reported to the Commissioner or to an authorized person under paragraph 105(1.1)(d) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

  • (a) deactivating the handgun so that it is no longer a firearm;

  • (b) changing the barrel length so that the handgun becomes a restricted firearm, and turning in the prohibited barrel to a police officer or a firearms officer; or

  • (c) turning in the handgun to a police officer or a firearms officer for destruction or other disposal.

  • SOR/98-472, s. 9;
  • SOR/99-452, s. 4;
  • SOR/2001-13, s. 1;
  • SOR/2001-233, s. 1;
  • SOR/2002-6, s. 1;
  • SOR/2002-439, s. 1;
  • SOR/2003-414, s. 1.

 [Repealed, SOR/2003-414, s. 2]

Firearms Possessed by Businesses on Consignment

  •  (1) The amnesty period set out in subsection (3) is declared under section 117.14 of the Criminal Code for a business that, on December 31, 2002, possesses a firearm — that was unregistered or deemed in law to be registered — for the purpose of sale on consignment and holds a licence that authorizes the retail sale of firearms, including a sale on consignment.

  • (2) The purpose of the amnesty period is to permit the business to sell or otherwise lawfully dispose of the firearm.

  • (3) The amnesty period begins on January 1, 2003 and ends on the earliest of

    • (a) the day when the business sells the firearm or, if the sale involves the export of the firearm, the day when the business exports the firearm in accordance with all applicable legal requirements, including the legal requirements of the country to which the firearm is exported,

    • (b) the day when the business deactivates the firearm so that is no longer a firearm,

    • (c) the day when the business turns in the firearm to a police officer or a firearms officer for destruction or other disposal, and

    • (d) December 31, 2003.

  • SOR/2002-439, s. 2.
Date modified: