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An Act to amend the Criminal Code (firearms) and the Firearms Act (S.C. 2003, c. 8)

Assented to 2003-05-13

1995, c. 39FIREARMS ACT

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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