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Common Sense Firearms Licensing Act (S.C. 2015, c. 27)

Assented to 2015-06-18

Marginal note:2003, c. 8, s. 36

 Subsection 54(1) of the Act is replaced by the following:

Marginal note:Applications
  • 54. (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1) or (2.2), 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.

  •  (1) Section 58 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exception — licence or authorization

      (1.1) However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry or an authorization to transport is subject to the regulations.

  • (2) Subsection 58(2) of the French version of the Act is replaced by the following:

    • Marginal note:Mineurs : consultation

      (2) Dans le cas d’un particulier âgé de moins de dix-huit ans qui n’est pas admissible au permis prévu au paragraphe 8(2) (chasse de subsistance par les mineurs), le contrôleur des armes à feu consulte le père ou la mère du particulier ou la personne qui en a la garde avant d’assortir le permis d’une condition.

  •  (1) Section 61 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Automatic authorization to transport

      (3.1) An authorization to transport referred to in subsection 19(1.1), (2.1) or (2.2) must take the form of a condition attached to a licence.

  • (2) Subsection 61(4) of the Act is replaced by the following:

    • Marginal note:Businesses

      (4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.

Marginal note:2003, c. 8, s. 40(1)

 Subsection 64(1.1) of the Act is replaced by the following:

  • Marginal note:Extension period

    (1.1) Despite subsection (1), if a licence for firearms is not renewed before it expires, the licence is extended for a period of six months beginning on the day on which it would have expired under that subsection.

  • Marginal note:No use or acquisition

    (1.2) The holder of a licence that is extended under subsection (1.1) must not, until the renewal of their licence, use their firearms or acquire any firearms or ammunition.

  • Marginal note:Authorizations — no extension

    (1.3) The extension of a licence under subsection (1.1) does not result in the extension of any authorization to carry or authorization to transport beyond the day on which the licence would have expired under subsection (1).

  • Marginal note:Authorizations — issuance

    (1.4) During the extension period, the following authorizations must not be issued to the holder of the licence:

    • (a) an authorization to carry; and

    • (b) an authorization to transport, unless it is issued

      • (i) for a reason referred to in subparagraph 19(1)(b)(i) or (ii), or

      • (ii) because the holder wishes to transport a firearm for disposal through sale or exportation.

 Subsection 83(1) of the Act is amended by adding the following after paragraph (d):

  • (d.1) all information provided to the Registrar under section 42.2;

 Section 117 of the Act is amended by adding the following after paragraph (j):

  • (j.1) respecting the possession and transportation of firearms during the extension period referred to in subsection 64(1.1);

 Subsection 121(2) of the Act is replaced by the following:

  • Marginal note:Authorizations

    (2) A permit that is deemed to be a licence authorizes the holder to possess non-restricted firearms.

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

 Subsection 84(1) of the Criminal Code is amended by adding the following in alphabetical order:

“non-restricted firearm”

« arme à feu sans restriction »

“non-restricted firearm” means

  • (a) a firearm that is neither a prohibited firearm nor a restricted firearm, or

  • (b) a firearm that is prescribed to be a non-restricted firearm;

Marginal note:2012, c. 6, s. 2(1)
  •  (1) The portion of subsection 91(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Unauthorized possession of firearm
    • 91. (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

  • Marginal note:1995, c. 39, s. 139

    (2) Paragraph 91(4)(a) of the Act is replaced by the following:

    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • Marginal note:1995, c. 39, s. 139(E); 2012, c. 6, s. 2(2)(F)

    (3) The portion of paragraph 91(4)(b) of the English version of the Act before subparagraph (i) is replaced by the following:

    • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

Marginal note:2012, c. 6, s. 3(1)
  •  (1) The portion of subsection 92(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Possession of firearm knowing its possession is unauthorized
    • 92. (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of

  • Marginal note:1995, c. 39, s. 139

    (2) Paragraph 92(4)(a) of the Act is replaced by the following:

    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • Marginal note:1995, c. 39, s. 139(E); 2012, c. 6, s. 3(2)(F)

    (3) The portion of paragraph 92(4)(b) of the English version of the Act before subparagraph (i) is replaced by the following:

    • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

Marginal note:2008, c. 6, s. 6

 The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession at unauthorized place
  • 93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses them at a place that is

Marginal note:1995, c. 39, s. 139; 2012, c. 6, s. 4(1)
  •  (1) The portion of subsection 94(1) of the Act before subparagraph (a)(i) is replaced by the following:

    Marginal note:Unauthorized possession in motor vehicle
    • 94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

      • (a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm,

  • Marginal note:1995, c. 39, s. 139

    (2) Subsections 94(3) and (4) of the English version of the Act are replaced by the following:

    • Marginal note:Exception

      (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, weapon, device or ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

    • Marginal note:Exception

      (4) Subsection (1) does not apply to an occupant of a motor vehicle when the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, weapon, device or ammunition by the operation of law.

 

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