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

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

 This Act may be cited as An Act to amend the Criminal Code (firearms) and the Firearms Act.

R.S., c. C-46CRIMINAL CODE

  •  (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

 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

 Paragraph 109(1)(c) of the Act is replaced by the following:

 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

 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

 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

 Paragraph 515(4.1)(c) of the Act is replaced by the following:

1995, c. 39FIREARMS ACT

  •  (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

 Subparagraph 5(2)(a)(iv) of the Act is replaced by the following:

 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

 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.

 Section 10 of the Act is repealed.

Marginal note:2000, c. 12, s. 117

 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.

 
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