An Act to amend the Criminal Code (firearms) and the Firearms Act (S.C. 2003, c. 8)
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Assented to 2003-05-13
An Act to amend the Criminal Code (firearms) and the Firearms Act
S.C. 2003, c. 8
Assented to 2003-05-13
An Act to amend the Criminal Code (firearms) and the Firearms Act
SUMMARY
This enactment amends the Criminal Code and the Firearms Act in order to simplify compliance with the firearms program, to modernize administrative procedures and to meet Canada’s emerging international obligations by
(a) in Part III of the Criminal Code,
(i) modernizing the description of firearms that are deemed not to be firearms for the purpose of the Firearms Act and certain provisions of the Criminal Code,
(ii) providing that there is no forfeiture of goods that are the subject of a prohibition order made under section 515 of the Criminal Code, and
(iii) providing that an authorization, licence or registration certificate for firearms be revoked or amended only for the period that a prohibition order made under that section is in force; and
(b) in the Firearms Act,
(i) eliminating the requirement that the renewal of licences and authorizations be dealt with in the same manner as for their first issuance,
(ii) permitting applications for and issuance of licences, registration certificates and authorizations to be made by electronic means,
(iii) establishing a pre-approval process for the importation of firearms by non-residents by giving the Registrar of Firearms statutory authority to carry out eligibility checks,
(iv) authorizing the making of regulations respecting the importation and exportation of firearms and parts and components designed for use in the manufacture or assembly of firearms,
(v) expanding the grandfathered class for certain prohibited firearms,
(vi) modifying the employee licensing requirements,
(vii) authorizing the Governor in Council to appoint a Commissioner of Firearms, and
(viii) providing for the appointment or deployment of the Registrar of Firearms under the Public Service Employment Act.
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
1. This Act may be cited as An Act to amend the Criminal Code (firearms) and the Firearms Act.
R.S., c. C-46CRIMINAL CODE
2. (1) Subsection 84(1) of the Criminal Code is amended by adding the following in alphabetical order:
“Commissioner of Firearms”
« commissaire aux armes à feu »
“Commissioner of Firearms” means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act ;
Marginal note:1995, c. 39, s. 139
(2) Subparagraphs 84(3)(d)(i) and (ii) of the Act are replaced by the following:
(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or
(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.
Marginal note:1995, c. 39, s. 139
3. Paragraph 85(1)(a) of the Act is replaced by the following:
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent — firearm), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),
Marginal note:1996, c. 19, s. 65.1
4. Paragraph 109(1)(c) of the Act is replaced by the following:
(c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or
5. Section 115 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Subsection (1) does not apply in respect of an order made under section 515.
Marginal note:1995, c. 39, s. 139
6. Section 116 of the Act is replaced by the following:
Marginal note:Authorizations revoked or amended
116. (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.
Marginal note:Duration of revocation or amendment — orders under section 515
(2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.
Marginal note:1995, c. 39, s. 139
7. Paragraph 117.07(2)(h) of the Act is replaced by the following:
(h) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act.
Marginal note:1996, c. 19, s. 93.3
8. Paragraph 515(4.1)(c) of the Act is replaced by the following:
(c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act,
1995, c. 39FIREARMS ACT
9. (1) The definitions “authorization to export”, “authorization to transport” and “carrier” in subsection 2(1) of the Firearms Act are replaced by the following:
“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 transport”
« autorisation de transport »
“authorization to transport” means an authorization described in section 19;
“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;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“Commissioner”
« commissaire »
“Commissioner” means the Commissioner of Firearms appointed under section 81.1;
(3) Section 2 of the Act is amended by adding the following after subsection (2):
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:1996, c. 19, s. 76.1
10. Subparagraph 5(2)(a)(iv) of the Act is replaced by the following:
(iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;
11. The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Restricted firearms safety course
(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual
12. Subsection 9(3) of the Act is replaced by the following:
Marginal note:Employees — firearms
(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms.
Marginal note:Employees — prohibited firearms or restricted firearms
(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.
Marginal note:Employees — prohibited weapons, restricted weapons, etc.
(3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.
13. Section 10 of the Act is repealed.
Marginal note:2000, c. 12, s. 117
14. Subsections 12(6) and (7) of the Act are replaced by the following:
Marginal note:Grandfathered individuals — pre-December 1, 1998 handguns
(6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if
(a) on December 1, 1998 the particular individual
(i) held a registration certificate under the former Act for that kind of handgun, or
(ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and
(b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.
Marginal note:Grandfathered handguns — pre-December 1, 1998 handguns
(6.1) Subsection (6) applies in respect of a handgun
(a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and
(b) in respect of which
(i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,
(ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or
(iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.
Marginal note:Next of kin of grandfathered individuals
(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.
15. Sections 17 and 18 of the Act are replaced by the following:
Marginal note:Places where prohibited and restricted firearms may be possessed
17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.
16. (1) The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Transporting and using prohibited firearms or restricted firearms
19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
(2) Subsection 19(1) of the Act is amended by adding the following after paragraph (a):
(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister;
(3) Subsection 19(2) of the Act is replaced by the following:
Marginal note:Exception for prohibited firearms other than prohibited handguns
(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).
Marginal note:Non-residents
(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.
17. Section 23 of the Act is replaced by the following:
Marginal note:Authorization to transfer firearms
23. (1) A person may transfer a 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 person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;
(c) the person informs the Registrar of the transfer;
(d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual 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 complied with.
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.
18. Paragraphs 24(2)(b) and (c) of the Act are replaced by the following:
(c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and
19. Section 26 of the Act is replaced by the following:
Marginal note:Authorization to transfer firearms to the Crown, etc.
26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.
Marginal note:Authorization to transfer prohibited weapons, etc., to the Crown, etc.
(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.
20. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:
Marginal note:Chief firearms officer
27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall
(2) Paragraphs 27(b) and (c) of the Act are replaced by the following:
(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
(c) decide whether to approve the transfer and inform the Registrar of that decision; and
21. The portion of section 28 of the Act before paragraph (a) is replaced by the following:
Marginal note:Permitted purposes
28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied
22. Subsection 29(7) of the French version of the Act is replaced by the following:
Marginal note:Non-communication des renseignements
(7) Le ministre provincial n’est pas tenu de communiquer des renseignements qui, à son avis, pourraient menacer la sécurité d’une personne.
23. Subsection 31(2) of the Act is replaced by the following:
Marginal note:Transfers of firearms to the Crown, etc.
(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.
24. Section 32 of the Act is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraph (b).
25. The portion of section 34 of the Act before paragraph (a) is replaced by the following:
Marginal note:Authorization to lend firearms, etc., to the Crown, etc.
34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if
26. (1) Paragraphs 35(1)(a) and (b) of the Act are replaced by the following:
(a) the non-resident is eighteen years old or older;
(b) the non-resident declares the firearm to a customs officer in the prescribed manner and
(i) produces a report in respect of the non-resident that the non-resident has applied for and obtained before the importation from the Registrar after having provided the Registrar with the prescribed information in relation to the non-resident and the firearm proposed to be imported,
(ii) completes the prescribed form containing the prescribed information, or
(iii) satisfies the customs officer that the person has previously declared the firearm to a customs officer, that the declaration was confirmed by a customs officer and that the period provided for by subsection 36(1) in respect of that confirmed declaration has not expired;
(c) in the case of a restricted firearm, the non-resident holds an authorization to transport the restricted firearm; and
(d) a customs officer confirms the declaration referred to in paragraph (b) and the authorization to transport referred to in paragraph (c) in accordance with the regulations.
(2) Subsections 35(2) and (3) of the Act are replaced by the following:
Marginal note:Non-compliance
(2) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c). If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.
27. The Act is amended by adding the following after section 35:
Marginal note:Authorization for non-residents who hold a licence to import firearms
35.1 (1) A non-resident who holds a licence may import a firearm that is not a prohibited firearm if, at the time of importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;
(c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and
(d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.
Marginal note:Authorization for non-residents who hold a licence to import firearms
(2) A non-resident who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner and completes the prescribed form containing the prescribed information;
(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;
(c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and
(d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met and confirms, in accordance with the regulations, the declaration referred to in paragraph (a).
Marginal note:Non-compliance
(3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.
Marginal note:Temporary registration certificate
(4) A declaration that is confirmed in accordance with paragraph (2)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
28. Subsections 36(1) and (2) of the Act are replaced by the following:
Marginal note:Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and as a registration certificate for the firearm, for a period of
(a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or
(b) in the case of any other declaration, 60 days after the importation.
Marginal note:Non-application of subsection (1)
(1.1) A chief firearms officer or the Registrar may declare that subsection (1) ceases to apply in respect of a particular non-resident or a particular firearm if the chief firearms officer or the Registrar, as the case may be, is of the opinion that there is any good and sufficient reason for that subsection not to apply.
Marginal note:Provisions apply
(1.2) If a declaration is made under subsection (1.1), section 72 applies with any modifications that the circumstances require as though the declaration were a revocation.
Marginal note:Extension
(2) A chief firearms officer may extend the period referred to in paragraph (1)(b) for a period of 60 days. Only one extension may be granted under this subsection.
29. Sections 37 and 38 of the Act are replaced by the following:
Marginal note:Authorization for non-residents to export firearms
37. (1) A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 if, at the time of the exportation, the non-resident
(a) holds, in the case of a restricted firearm, an authorization to transport the firearm; and
(b) has complied with the regulations relating to the exportation of firearms.
Marginal note:Non-compliance
(2) If, at the time of the exportation, the non-resident has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.
Marginal note:Authorization for individuals to export firearms
38. (1) An individual may export a firearm if, at the time of the exportation, the individual
(a) holds a licence to possess that kind of firearm and a registration certificate for the firearm and, in the case of a prohibited firearm or a restricted firearm, an authorization to transport the firearm; and
(b) has complied with the regulations relating to the exportation of firearms.
Marginal note:Non-compliance
(2) If, at the time of the exportation, the individual has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.
30. Subsections 40(1) to (3) of the Act are replaced by the following:
Marginal note:Authorization for individuals who hold a licence to import firearms
40. (1) An individual who holds a licence may import a firearm that was exported in accordance with section 38 if, at the time of importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) the individual produces a licence authorizing him or her to possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;
(c) in the case of a prohibited firearm or restricted firearm, the individual holds an authorization to transport the prohibited firearm or restricted firearm; and
(d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.
Marginal note:Authorization for individuals who hold a licence to import firearms
(2) An individual who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,
(a) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;
(b) the individual declares the firearm to a customs officer in the prescribed manner and produces an authorization to import issued under section 60 in respect of the firearm;
(c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm;
(d) a customs officer informs the Registrar of the importation and the Registrar approves the importation in accordance with section 40.1; and
(e) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (d) have been met and confirms, in accordance with the regulations, the authorization referred to in paragraph (b).
Marginal note:Non-compliance
(3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the individual does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.
31. Section 41 of the Act is replaced by the following:
Marginal note:Function of Registrar on proposed importation
40.1 On being informed under subsection 40(2) of a proposed importation by an individual of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued, the Registrar shall
(a) verify whether the individual holds a licence to acquire and possess that kind of firearm;
(b) in the case of a restricted firearm, verify the purpose for which the individual wishes to acquire it and determine whether it is appropriate for that purpose;
(c) decide whether to approve the importation; and
(d) take the prescribed measures.
Marginal note:Permitted purposes
40.2 The Registrar may approve the importation of a restricted firearm by an individual only if the Registrar is satisfied
(a) that the individual needs the restricted firearm
(i) to protect the life of that individual or of other individuals, or
(ii) for use in connection with his or her lawful profession or occupation; or
(b) that the purpose for which the individual wishes to acquire the restricted firearm is
(i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or
(ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.
Marginal note:Temporary registration certificate
41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for the firearm until a registration certificate is issued for the firearm.
32. The Act is amended by adding the following after section 42:
Marginal note:Notification by Registrar
42.1 The Registrar shall inform the Canada Customs and Revenue Agency without delay of every report made by the Registrar in respect of applications referred to in subparagraph 35(1)(b)(i).
33. Subsection 47(4) of the Act is replaced by the following:
Marginal note:Disposal
(4) Goods that are not exported under subsection (3) within 90 days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
34. Section 49 of the Act is renumbered as subsection 49(1) and is amended by adding the following:
Marginal note:Exception
(2) Subsection (1) does not apply in respect of the exportation of goods authorized by a permit issued under the Export and Import Permits Act that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export.
35. Sections 50 and 51 of the Act are replaced by the following:
Marginal note:Notification of Registrar
50. A customs officer shall inform the Registrar without delay of the exportation or importation by a business of any firearms and any prescribed prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms.
Marginal note:Notification by Minister responsible for the Export and Import Permits Act
51. The member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act shall inform the Registrar of every application under that Act for a permit to export in relation to a firearm.
36. Subsection 54(1) of the Act is replaced by the following:
Marginal note:Applications
54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.
37. The Act is amended by adding the following after section 55:
Marginal note:Further information
55.1 (1) The Registrar may require a non-resident who applies for a report referred to in subparagraph 35(1)(b)(i) to submit any information, in addition to that included in the application, that may reasonably be regarded as relevant for the purpose of preparing the report.
Marginal note:Investigation
(2) Without restricting the scope of the inquiries that may be made with respect to an application for the report, the Registrar may conduct any investigation of the applicant that the Registrar considers necessary.
38. Subsections 61(1) and (2) of the Act are replaced by the following:
Marginal note:Form
61. (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.
Marginal note:Form of authorizations
(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.
39. Subsections 63(1) and (2) of the Act are replaced by the following:
Marginal note:Geographical extent
63. (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.
40. (1) Section 64 of the Act is amended by adding the following after subsection (1):
Marginal note:Extension of term
(1.1) Despite subsection (1), a chief firearms officer may, until January 1, 2005, with respect to any licence referred to in that subsection that is issued before December 31, 2001, extend the period for which the licence is expressed to be issued by an additional period of up to four years.
(2) Subsections 64(3) and (4) of the Act are replaced by the following:
Marginal note:Businesses
(3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of
(a) three years after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Marginal note:Businesses that sell only ammunition
(4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of
(a) five years after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Marginal note:Extension of term
(5) Despite subsection (3), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to two years.
Marginal note:Extension of term
(6) Despite subsection (4), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to four years.
Marginal note:Notice to holder
(7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence.
41. Subsection 65(3) of the Act is replaced by the following:
Marginal note:Authorizations to transport
(3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of
(a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and
(b) the expiration of the licence.
42. Subsections 67(1) and (2) of the Act are replaced by the following:
Marginal note:Renewal
67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the prescribed manner.
Marginal note:Restricted firearms and pre-December 1, 1998 handguns
(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.
43. Subsection 70(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Revocation of licence or authorization
70. (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,
44. Paragraph 71(1)(b) of the Act is replaced by the following:
(b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.
45. Subsection 72(1) of the Act is replaced by the following:
Marginal note:Notice of refusal to issue or revocation
72. (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.
Marginal note:When notice not required
(1.1) Notice under subsection (1) need not be given in any of the following circumstances:
(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or
(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.
46. Section 73 of the Act and the heading before it are repealed.
47. Paragraph 74(1)(b) of the Act is replaced by the following:
(b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or
48. The Act is amended by adding the following after section 81:
COMMISSIONER OF FIREARMS
Marginal note:Appointment
81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix.
Marginal note:Duties, functions and powers
81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister.
Marginal note:Delegation — federal Minister
81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3).
Marginal note:Incapacity or vacancy
81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council.
Marginal note:Superannuation and compensation
81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.
49. (1) Section 82 of the Act is replaced by the following:
Marginal note:Registrar of Firearms
82. An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act.
Marginal note:Incapacity or vacancy
82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar.
Marginal note:Transitional
(2) The person occupying the position of Registrar of Firearms on the day on which section 82 of the Act, as enacted by subsection (1) of this Act, comes into force is deemed, as of that day, to be appointed as Registrar of Firearms under the Public Service Employment Act and continues to occupy that position until another person is appointed or deployed as the Registrar of Firearms under that Act.
50. Sections 93 and 94 of the Act are replaced by the following:
Marginal note:Report to federal Minister
93. (1) The Commissioner shall, as soon as possible after the end of each calendar year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act.
Marginal note:Report to be laid before Parliament
(2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it.
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.
51. Section 97 of the Act is replaced by the following:
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.
52. Section 99 of the Act is replaced by the following:
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.
53. Section 104(1) of the French version of the Act is replaced by the following:
Marginal note:Mandat — maison d’habitation
104. (1) Dans le cas d’une maison d’habitation, l’inspecteur ne peut toutefois procéder à la visite :
a) sans préavis raisonnable donné au propriétaire ou à l’occupant, à moins que s’y déroulent les activités d’une entreprise;
b) sans l’autorisation de l’occupant que s’il est muni d’un mandat.
54. (1) Section 117 of the Act is amended by adding the following after paragraph (a):
(a.1) deeming permits to export goods, or classes of permits to export goods, that are issued under the Export and Import Permits Act to be authorizations to export for the purposes of this Act;
(2) Paragraph 117(k) of the Act is replaced by the following:
(k) for authorizing
(i) the possession at any place, or
(ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration,
of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;
(k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;
(k.2) respecting the marking of firearms manufactured in Canada or imported into Canada and the removal, alteration, obliteration and defacing of those markings;
(k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(d), the confirmation of declarations for the purposes of paragraph 35.1(2)(d) and the confirmation of authorizations to import for the purposes of paragraph 40(2)(e);
(3) Paragraph 117(o) of the Act is replaced by the following:
(o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n);
55. Section 169 of the Act and the heading before it are repealed.
Marginal note:Terminology changes — references and pre-February 14, 1995 handguns
56. The Act is amended by replacing the expression “referred to in subsection 12(6) (pre-February 14, 1995 handguns)” with the expression “referred to in subsection 12(6.1) (pre-December 1, 1998 handguns)” in the following provisions:
(a) section 20;
(b) subsection 54(3);
(c) subsection 67(3); and
(d) paragraph 120(2)(c).
COMING INTO FORCE
Marginal note:Coming into force
57. The provisions of this Act and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.
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