Common Sense Firearms Licensing Act (S.C. 2015, c. 27)
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Assented to 2015-06-18
Common Sense Firearms Licensing Act
S.C. 2015, c. 27
Assented to 2015-06-18
An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts
SUMMARY
This enactment amends the Firearms Act to simplify and clarify the firearms licensing regime for individuals, to limit the discretionary authority of chief firearms officers and to provide for the sharing of information on commercial importations of firearms.
It also amends the Criminal Code to strengthen the provisions relating to orders prohibiting the possession of weapons, including firearms, when a person is sentenced for an offence involving domestic violence. Lastly, it defines “non-restricted firearm” and gives the Governor in Council authority to prescribe a firearm to be non-restricted and expanded authority to prescribe a firearm to be restricted.
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 the Common Sense Firearms Licensing Act.
1995, c. 39FIREARMS ACT
Marginal note:2003, c. 8, s. 9(1)
2. (1) The definition autorisation de transport in subsection 2(1) of the French version of the Firearms Act is replaced by the following:
« autorisation de transport »
“authorization to transport”
autorisation de transport Toute autorisation prévue à l’article 19.
(2) Subsection 2(2) of the Act is replaced by the following:
Marginal note:To be interpreted with Criminal Code
(2) Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code. Subsections 117.15(3) and (4) of that Act apply to those words and expressions.
3. Subsection 5(3) of the Act is replaced by the following:
Marginal note:Exception
(3) Despite subsection (2), in determining whether a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).
4. (1) The portion of subsection 7(1) of the French version of the Act before paragraph (b) is replaced by the following:
Marginal note:Cours sur la sécurité des armes à feu
7. (1) La délivrance d’un permis à un particulier est subordonnée à l’une des conditions suivantes :
a) la réussite du Cours canadien de sécurité dans le maniement des armes à feu, contrôlé par l’examen y afférent, dont est chargé un instructeur désigné par le contrôleur des armes à feu;
(2) Paragraph 7(1)(b) of the Act is replaced by the following:
(b) passed, before the commencement day, the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
(3) Paragraphs 7(1)(c) and (d) of the French version of the Act are replaced by the following:
c) avant le 1er janvier 1995, la réussite d’un cours agréé — au cours de la période commençant le 1er janvier 1993 et se terminant le 31 décembre 1994 — par le procureur général de la province où il a eu lieu pour l’application de l’article 106 de la loi antérieure;
d) avant le 1er janvier 1995, la réussite d’un examen agréé — au cours de la période commençant le 1er janvier 1993 et se terminant le 31 décembre 1994 — par le procureur général de la province où il a eu lieu pour l’application de l’article 106 de la loi antérieure.
(4) Subsection 7(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after that paragraph:
(e) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence.
Marginal note:2003, c. 8, s. 11
(5) The portion of subsection 7(2) of the French version of the Act before paragraph (b) is replaced by the following:
Marginal note:Cours sur la sécurité des armes à feu à autorisation restreinte
(2) La délivrance d’un permis de possession d’une arme à feu prohibée ou d’une arme à feu à autorisation restreinte à un particulier est subordonnée à l’une des conditions suivantes :
a) la réussite d’un cours sur la sécurité des armes à feu à autorisation restreinte, agréé par le ministre fédéral et contrôlé par un examen, dont est chargé un instructeur désigné par le contrôleur des armes à feu;
(6) Paragraph 7(2)(b) of the Act is replaced by the following:
(b) passed, before the commencement day, a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.
(7) Subsection 7(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence authorizing the individual to possess prohibited firearms or restricted firearms.
(8) Paragraph 7(4)(c) of the Act is repealed.
(9) Paragraph 7(4)(e) of the Act is replaced by the following:
(e) is a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms.
Marginal note:2003, c. 8, s. 12
5. 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 non-restricted firearms.
Marginal note:2003, c. 8, s. 16(3)
6. Subsection 19(2) of the Act is replaced by the following:
Marginal note:Target practice or competition
(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Marginal note:Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), between specified places except for the purposes referred to in paragraph (1)(b).
Marginal note:Automatic authorization to transport — licence renewal
(2.1) Subject to subsection (2.3), an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms must, if the licence is renewed, be authorized to transport them within the individual’s province of residence
(a) to and from all shooting clubs and shooting ranges that are approved under section 29;
(b) to and from any place a peace officer, firearms officer or chief firearms officer is located, for verification, registration or disposal in accordance with this Act or Part III of the Criminal Code;
(c) to and from a business that holds a licence authorizing it to repair or appraise prohibited firearms or restricted firearms;
(d) to and from a gun show; and
(e) to a port of exit in order to take them outside Canada, and from a port of entry.
Marginal note:Automatic authorization to transport — transfer
(2.2) Subject to subsection (2.3), if a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized
(a) to transport the firearm within the individual’s province of residence from the place where the individual acquires it to the place where they may possess it under section 17; and
(b) to transport their prohibited firearms and restricted firearms within the individual’s province of residence to and from the places referred to in any of paragraphs (2.1)(a) to (e).
Marginal note:Exceptions
(2.3) An individual must not be authorized under subsection (2.1) or (2.2) to transport the following firearms to or from the places referred to in paragraph (2.1)(a):
(a) a prohibited firearm, other than a handgun referred to in subsection 12(6.1); and
(b) a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer was approved, in accordance with subparagraph 28(b)(ii), for the purpose of forming part of a gun collection.
Marginal note:2012, c. 6, s. 11
7. The portion of section 23 of the Act before paragraph (a) is replaced by the following:
Marginal note:Authorization to transfer non-restricted firearms
23. A person may transfer a non-restricted firearm if, at the time of the transfer,
8. The portion of subsection 35(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Non-compliance
(4) If a non-restricted firearm is declared at a customs office to a customs officer and
Marginal note:2012, c. 6, s. 16
9. Paragraph 36(1)(a) of the Act is replaced by the following:
(a) the expiry of 60 days after the importation, in the case of a non-restricted firearm; or
10. The Act is amended by adding the following in numerical order:
Marginal note:Obligation to provide information
42.2 (1) A business may import a prohibited firearm or a restricted firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation.
Marginal note:Information sharing
(2) The Registrar and a customs officer may provide each other with any form or information that they receive under subsection (1).
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