An Act to amend certain Acts and to make certain consequential amendments (firearms) (S.C. 2023, c. 32)
Full Document:
Assented to 2023-12-15
1995, c. 39Firearms Act (continued)
Amendments to the Act (continued)
41 Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:
Marginal note:Protection order
(2) Any competent authority that makes, varies or revokes a protection order shall have a chief firearms officer informed of the protection order or its variation or revocation within 24 hours.
42 Subsection 93(1) of the Act is replaced by the following:
Marginal note:Report to federal Minister
93 (1) The Commissioner shall, no later than May 31 of each 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:Information on disclosures
(1.1) Each report shall include information relating to the disclosures made under section 88.1 during the period to which the report relates, including the number of disclosures made to a law enforcement agency.
43 The Act is amended by adding the following after section 97:
Marginal note:Exception — handguns
97.1 Sections 12.2 and 19.1 do not apply in respect of an individual who
(a) holds an authorization to carry in respect of a handgun; or
(b) meets the prescribed criteria and annually provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating
(i) that they are training, competing or coaching in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee,
(ii) the disciplines in which they train, compete or coach, and
(iii) that the handgun in question is necessary for training, competing or coaching in those disciplines.
44 The Act is amended by adding the following after section 111:
Marginal note:Advertising
112 (1) Every business or every person referred to below commits an offence that advertises a firearm in a manner that depicts, counsels or promotes violence against a person:
(a) a person who is an owner of or partner in the business;
(b) if the business is a corporation, a person who is a director or officer of the corporation;
(c) a person who has a relationship with a person referred to in paragraph (a) or (b) and who has a direct influence on the operations of the business.
Marginal note:Exception
(1.1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel.
Marginal note:Punishment
(2) Every business that, or every person referred to in paragraph (1)(a), (b) or (c) who, commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and
(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
45 (1) Paragraph 117(a) of the Act is replaced by the following:
(a) defining the expression “protection order” for the purposes of this Act;
(a.01) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;
(1.1) Subparagraph 117(i)(i) of the Act is replaced by the following:
(i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and firearm parts, or
(1.11) The portion of paragraph 117(k) of the Act after subparagraph (ii) is replaced by the following:
of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;
(1.2) Paragraph 117(k.1) of the Act is replaced by the following:
(k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;
(2) Paragraph 117(k.3) of the Act is replaced by the following:
(k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(b) and the confirmation of declarations for the purposes of subsections 37(2) and 38(2);
(k.4) respecting the disposal of ammunition and cartridge magazines referred to in subsection 37(4) and of firearm parts referred to in subsection 38(4);
Transitional Provisions
Marginal note:Protection orders
46 Section 6.1 of the Firearms Act, as enacted by section 16, and section 70.2 of that Act, as enacted by section 36, apply only in respect of protection orders, as defined in subsection 2(1) of that Act, made on or after the day on which section 15 comes into force.
Marginal note:Registration certificates — handguns
47 Section 12.2 of the Firearms Act, as enacted by section 17, does not apply in respect of a registration certificate for which an application was submitted in accordance with section 54 of that Act before the day on which that section 17 comes into force.
Marginal note:Pending reference
48 Subsection 72(6) of the Firearms Act, as it read immediately before the day on which section 37 comes into force, continues to apply in respect of an applicant for or holder of a licence who referred the refusal to issue it or revocation of it to a provincial court judge under section 74 of the Firearms Act before that day if, on that day, the reference has not been finally disposed of.
1997, c. 9Nuclear Safety and Control Act
49 Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order:
- firearm
firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)
- high-security site
high-security site means a nuclear facility where Category I nuclear material or Category II nuclear material, as those terms are defined in section 1 of the Nuclear Security Regulations, is processed, used or stored. (site à sécurité élevée)
- nuclear security officer
nuclear security officer means an employee who is designated as a nuclear security officer under subsection 27.1(2). (agent de sécurité nucléaire)
- on-site nuclear response force
on-site nuclear response force means the on-site nuclear response force referred to in subsection 27.2(1). (force d’intervention nucléaire interne)
- prohibited device
prohibited device has the same meaning as in subsection 84(1) of the Criminal Code. (dispositif prohibé)
- prohibited weapon
prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code. (arme prohibée)
50 The Act is amended by adding the following after section 27:
High-security Sites
Marginal note:Security at site
27.1 (1) A licensee who operates a high-security site is responsible for ensuring the security of the site in accordance with section 27.2 and the prescribed requirements.
Marginal note:Nuclear security officers
(2) The licensee may, in accordance with the regulations,
(a) designate as a nuclear security officer any employee of the licensee who meets the prescribed requirements; and
(b) suspend or revoke the designation.
Marginal note:Restriction
(3) An employee designated as a nuclear security officer may exercise the powers and perform the duties and functions of a nuclear security officer only if they are designated as a peace officer under subsection 27.3(1).
Marginal note:Preservation and maintenance of public peace
(4) A nuclear security officer’s duties include the preservation and maintenance of the public peace at the high-security site.
Marginal note:On-site nuclear response force
27.2 (1) A licensee who operates a high-security site shall at all times maintain an on-site nuclear response force that is composed of nuclear security officers who are
(a) designated as peace officers under subsection 27.3(1);
(b) trained in the handling and use of firearms, prohibited weapons and prohibited devices and qualified to handle and use them;
(c) posted to the high-security site on a permanent basis; and
(d) armed and equipped in accordance with the regulations.
Marginal note:Additional training
(2) If the licensee acquires any firearms, prohibited weapons or prohibited devices in accordance with an authorization granted under subsection 27.4(1), the licensee shall ensure that the members of the on-site nuclear response force are trained in the handling and use of those firearms, prohibited weapons or prohibited devices and that the members are qualified to handle and use them.
Marginal note:Exemption
(3) The licensee is not required to comply with subsection (1) if the licensee
(a) makes on-site security arrangements with a local, provincial or federal police service or with the Canadian Forces that meet the prescribed requirements and are approved by the Commission; or
(b) takes other security measures that meet the prescribed requirements and are approved by the Commission.
Marginal note:Peace officer designation
27.3 (1) The Commission may, in accordance with the regulations,
(a) designate any nuclear security officer as a peace officer for a high-security site; and
(b) suspend or revoke the designation.
Marginal note:Effect of designation
(2) Subject to subsection (3), a nuclear security officer who is designated as a peace officer is a peace officer within the meaning of the Criminal Code for the purpose of performing their duties and functions at the high-security site for which they are designated and for the purpose of performing any prescribed off-site duties and functions that are ancillary to their duties and functions at the site.
Marginal note:Limits on powers
(3) A nuclear security officer who is designated as a peace officer may exercise only the following powers as a peace officer and may do so only at the high-security site for which they are designated:
(a) verifying the identity of any individual;
(b) conducting searches of individuals and things;
(c) arresting without a warrant, in accordance with the Criminal Code, any individual whom the nuclear security officer finds committing an offence under this Act, the Criminal Code or the Controlled Drugs and Substances Act that poses a risk to the safety or security of the site or any individual whom the nuclear security officer believes on reasonable grounds has committed or is about to commit such an offence at the site; and
(d) seizing any thing
(i) that the nuclear security officer believes on reasonable grounds poses a risk to the safety or security of the site, or
(ii) in relation to which the nuclear security officer believes on reasonable grounds that an offence referred to in paragraph (c) has been, is being or is about to be committed.
Marginal note:Use of force
(4) Subsections 25(1), (3) and (4) of the Criminal Code apply to a nuclear security officer who is designated as a peace officer only when they are exercising their powers as a peace officer at the high-security site for which they are designated.
Marginal note:Arrested individuals and seized things
(5) If a nuclear security officer who is designated as a peace officer arrests an individual under paragraph (3)(c) or seizes a thing under paragraph (3)(d), the nuclear security officer shall arrange for the appropriate police service to take custody of the individual or thing as soon as feasible after the arrest or seizure.
Marginal note:Complaints process
(6) The Commission shall, in accordance with the regulations, ensure that there is a process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers.
Marginal note:Firearms, prohibited weapons and prohibited devices
27.4 (1) Despite Part III of the Criminal Code and the Firearms Act, and subject to subsection (2), the Commission may grant an authorization, with or without conditions, to a licensee who operates a high-security site to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices in order to carry out the responsibility referred to in subsection 27.1(1).
Marginal note:Restriction
(2) An authorization granted under subsection (1) may authorize a licensee to transfer firearms, prohibited weapons and prohibited devices only to a public service agency or to another licensee to whom an authorization has been granted under that subsection.
Marginal note:Transfer to licensee
(3) Despite Part III of the Criminal Code and the Firearms Act, the Commission, a public service agency or any person in lawful possession of firearms, prohibited weapons or prohibited devices may transfer firearms, prohibited weapons and prohibited devices to a licensee to whom an authorization has been granted under subsection (1).
Marginal note:Reporting to Registrar of Firearms
(4) A licensee to whom an authorization is granted under subsection (1) shall, as if the licensee were a public service agency, provide the Registrar of Firearms referred to in section 82 of the Firearms Act with the advisory information referred to in section 12 of the Public Agents Firearms Regulations and the reports referred to in sections 8 to 10, 11, 13, 14 and 16 of those Regulations. However, any reference to “October 31, 2008” in those Regulations is to be read as a reference to the day on which the authorization is granted to the licensee and any reference to “October 31, 2009” in those Regulations is to be read as a reference to the first anniversary of the day on which the authorization is granted.
Marginal note:Reporting to Commission
(5) A licensee to whom an authorization is granted under subsection (1) shall, in accordance with the regulations, report to the Commission with respect to the advisory information and reports that the licensee provides under the Public Agents Firearms Regulations.
Marginal note:Definition of public service agency
(6) In this section, public service agency has the same meaning as in section 1 of the Public Agents Firearms Regulations.
Marginal note:Delegation to President
27.5 The Commission may delegate to the President the powers conferred on it under subsection 27.3(1) or section 27.4.
- Date modified: