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
1995, c. 39FIREARMS ACT
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.
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