Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Annual report (sections 83.28 and 83.29)

• 83.31 (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

  • (a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

  • (b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

  • (c) the number of arrests that were made with a warrant issued under section 83.29.

• Marginal note:Attorney General’s opinion

  (1.1) The Attorney General of Canada shall include in the annual report under subsection (1) his or her opinion, supported by reasons, on whether the operation of sections 83.28 and 83.29 should be extended.

• Marginal note:Annual report (section 83.3)

  (2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

  • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

  • (c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;

  • (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

  • (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

  • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

• Marginal note:Annual report (section 83.3)

  (3) The Minister of Public Safety and Emergency Preparedness shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

  • (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

    • (i) by a peace officer under paragraph 83.3(5)(b), or

    • (ii) by a judge under paragraph 83.3(7)(a), (7.1)(a) or (7.2)(a).

• Marginal note:Opinions

  (3.1) The Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness shall include in their annual reports under subsections (2) and (3), respectively, their opinion, supported by reasons, on whether the operation of section 83.3 should be extended.

• Marginal note:Limitation

  (4) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) endanger the life or safety of any person;

  • (c) prejudice a legal proceeding; or

  • (d) otherwise be contrary to the public interest.

Marginal note:Sunset provision

• 83.32 (1) Sections 83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

• Marginal note:Review

  (1.1) A comprehensive review of sections 83.28, 83.29 and 83.3 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

• Marginal note:Report

  (1.2) The committee referred to in subsection (1.1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 83.28, 83.29 or 83.3.

• Marginal note:Order in council

  (2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.28, 83.29 or 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

• Marginal note:Rules

  (3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

• Marginal note:Subsequent extensions

  (4) The operation of section 83.28, 83.29 or 83.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the fifth anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

• Definition of sitting day of Parliament

  (5) In subsection (1), sitting day of Parliament means a day on which both Houses of Parliament sit.

Marginal note:Transitional provision — sections 83.28 and 83.29

• 83.33 (1) In the event that sections 83.28 and 83.29 cease to have effect in accordance with section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to have effect.

• Marginal note:Transitional provision — section 83.3

  (2) In the event that section 83.3 ceases to have effect in accordance with section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to have effect, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to have effect.

PART IIIFirearms and Other Weapons

Interpretation

Marginal note:Definitions

• 84 (1) In this Part,

  ammunition

  ammunition means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell; (munitions)

  antique firearm

  antique firearm means

  • (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or

  • (b) any firearm that is prescribed to be an antique firearm; (arme à feu historique)

  authorization

  authorization means an authorization issued under the Firearms Act; (autorisation)

  automatic firearm

  automatic firearm means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger; (arme automatique)

  cartridge magazine

  cartridge magazine means a device or container from which ammunition may be fed into the firing chamber of a firearm; (chargeur)

  chief firearms officer

  chief firearms officer means a chief firearms officer as defined in subsection 2(1) of the Firearms Act; (contrôleur des armes à feu)

  Commissioner of Firearms

  Commissioner of Firearms means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act; (commissaire aux armes à feu)

  cross-bow

  cross-bow means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person; (arbalète)

  export

  export means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada; (exporter)

  firearms officer

  firearms officer means a firearms officer as defined in subsection 2(1) of the Firearms Act; (préposé aux armes à feu)

  handgun

  handgun means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; (arme de poing)

  imitation firearm

  imitation firearm means any thing that imitates a firearm, and includes a replica firearm; (fausse arme à feu)

  import

  import means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada; (importer)

  licence

  licence means a licence issued under the Firearms Act; (permis)

  non-restricted firearm

  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; (arme à feu sans restriction)

  prescribed

  prescribed means prescribed by the regulations; (Version anglaise seulement)

  prohibited ammunition

  prohibited ammunition means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; (munitions prohibées)

  prohibited device

  prohibited device means

  • (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

  • (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

  • (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

  • (d) a cartridge magazine that is prescribed to be a prohibited device, or

  • (e) a replica firearm; (dispositif prohibé)

  prohibited firearm

  prohibited firearm means

  • (a) a handgun that

    • (i) has a barrel equal to or less than 105 mm in length, or

    • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

    but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

  • (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

    • (i) is less than 660 mm in length, or

    • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

  • (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

  • (d) any firearm that is prescribed to be a prohibited firearm; (arme à feu prohibée)

  prohibited weapon

  prohibited weapon means

  • (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

  • (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (arme prohibée)

  prohibition order

  prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)

  Registrar

  Registrar means the Registrar of Firearms appointed under section 82 of the Firearms Act; (directeur)

  registration certificate

  registration certificate means a registration certificate issued under the Firearms Act; (certificat d’enregistrement)

  replica firearm

  replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

  restricted firearm

  restricted firearm means

  • (a) a handgun that is not a prohibited firearm,

  • (b) a firearm that

    • (i) is not a prohibited firearm,

    • (ii) has a barrel less than 470 mm in length, and

    • (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

  • (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

  • (d) a firearm of any other kind that is prescribed to be a restricted firearm; (arme à feu à autorisation restreinte)

  restricted weapon

  restricted weapon means any weapon, other than a firearm, that is prescribed to be a restricted weapon; (arme à autorisation restreinte)

  superior court

  superior court means

  • (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

  • (b) in Quebec, the Superior Court,

  • (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

  • (d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and

  • (e) in Newfoundland and Labrador, the Trial Division of the Supreme Court; (cour supérieure)

  transfer

  transfer means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. (cession)

• Marginal note:Barrel length

  (2) For the purposes of this Part, the length of a barrel of a firearm is

  • (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and

  • (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

  but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.

• Marginal note:Certain weapons deemed not to be firearms

  (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

  • (a) any antique firearm;

  • (b) any device that is

    • (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and

    • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

  • (c) any shooting device that is

    • (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and

    • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

  • (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

    • (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

    • (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

• Marginal note:Exception — antique firearms

  (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act.

• Meaning of holder

  (4) For the purposes of this Part, a person is the holder of

  • (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and

  • (b) a registration certificate for a firearm if

    • (i) the registration certificate has been issued to the person and the person continues to hold it, or

    • (ii) the person possesses the registration certificate with the permission of its lawful holder.

• Marginal note:Subsequent offences

  (5) In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

  • (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

  • (b) an offence under section 244 or 244.2; or

  • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

  However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

• Marginal note:Sequence of convictions only

  (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.