Firearms Act (S.C. 1995, c. 39)

Authorized Lending

Marginal note:Authorization to lend

33 Subject to section 34, a person may lend a firearm only if

• (a) the person

  • (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and

  • (ii) in the case of a prohibited firearm or a restricted firearm, lends the registration certificate for it to the borrower; or

• (b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

Marginal note:Authorization to lend firearms, etc., to the Crown, etc.

34 A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if

• (a) in the case of a prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and

• (b) the prescribed conditions are complied with.

Authorized Exportation and Importation

Individuals

Marginal note:Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms

• 35 (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,

  • (a) the non-resident

    • (i) is eighteen years old or older,

    • (ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

    • (iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and

  • (b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).

• Marginal note:Non-compliance

  (2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.

• Marginal note:Disposal of firearm

  (3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

• Marginal note:Non-compliance

  (4) If a non-restricted firearm is declared at a customs office to a customs officer and

  • (a) the non-resident has not truthfully completed the prescribed form, or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,

  the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.

Marginal note:Temporary licence and registration certificate

• 36 (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until

  • (a) the expiry of 60 days after the importation, in the case of a non-restricted firearm; or

  • (b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

• Marginal note:Renewal

  (2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

• Marginal note:Electronic or other means

  (3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.

Marginal note:Importation of ammunition or cartridge magazine — individuals

• 37 (1) An individual may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.

• Marginal note:Exception — non-residents

  (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — if they declare the ammunition or cartridge magazine to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the ammunition or cartridge magazine.

• Marginal note:Non-compliance

  (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the ammunition or cartridge magazine to be exported from that customs office or may detain the ammunition or cartridge magazine and give the individual a reasonable time to comply with those requirements.

• Marginal note:Disposal of ammunition or cartridge magazine

  (4) If those requirements are not complied with within a reasonable time and the ammunition is not exported, a customs officer shall lawfully dispose of the ammunition or cartridge magazine.

• Marginal note:Non-compliance

  (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,

  • (a) the non-resident has not truthfully completed the prescribed form; or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.

Marginal note:Importation of firearm parts — individuals

• 38 (1) An individual may import a firearm part only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.

• Marginal note:Exception — non-residents

  (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import a firearm part if they declare it to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the firearm part.

• Marginal note:Non-compliance

  (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the firearm part to be exported from the customs office or may detain it and give the individual a reasonable time to comply with those requirements.

• Marginal note:Disposal of firearm part

  (4) If those requirements are not complied with within a reasonable time and the firearm part is not exported, a customs officer shall lawfully dispose of it.

• Marginal note:Non-compliance

  (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,

  • (a) the non-resident has not truthfully completed the prescribed form; or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.

39 [Repealed before coming into force, 2008, c. 20, s. 3]

40 [Repealed before coming into force, 2008, c. 20, s. 3]

41 [Repealed before coming into force, 2008, c. 20, s. 3]

42 [Repealed before coming into force, 2008, c. 20, s. 3]

43 [Repealed before coming into force, 2008, c. 20, s. 3]

44 [Repealed before coming into force, 2008, c. 20, s. 3]

45 [Repealed before coming into force, 2008, c. 20, s. 3]

46 [Repealed before coming into force, 2008, c. 20, s. 3]

47 [Repealed before coming into force, 2008, c. 20, s. 3]

48 [Repealed before coming into force, 2008, c. 20, s. 3]

49 [Repealed before coming into force, 2008, c. 20, s. 3]

50 [Repealed before coming into force, 2008, c. 20, s. 3]

51 [Repealed before coming into force, 2008, c. 20, s. 3]

52 [Repealed before coming into force, 2008, c. 20, s. 3]

53 [Repealed before coming into force, 2008, c. 20, s. 3]

Licences, Registration Certificates and Authorizations

Applications

Marginal note:Applications

• 54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1), (2.2) or (2.3), 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.

• Marginal note:To whom made

  (2) An application for a licence, registration certificate or authorization must be made to

  • (a) a chief firearms officer, in the case of a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport;

  • (a.1) the Commissioner, in the case of an authorization to carry referred to in paragraph 20(a); or

  • (b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

• Marginal note:Pre-commencement restricted firearms and handguns

  (3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

  • (a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

  • (b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.

Marginal note:Further information

• 55 (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.

• Marginal note:Investigation

  (2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse or common-law partner, former spouse or former common-law partner, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.

Issuance

Marginal note:Licences

• 56 (1) A chief firearms officer is responsible for issuing licences.

• Marginal note:Only one licence per individual

  (2) Only one licence may be issued to any one individual.

• Marginal note:Separate licence for each location

  (3) A business other than a carrier requires a separate licence for each place where the business is carried on.

Marginal note:Authorizations to carry or transport

57 A chief firearms officer is responsible for issuing authorizations to carry referred to in paragraph 20(b) and authorizations to transport.

Marginal note:Authorizations to carry referred to in paragraph 20(a)

57.1 The Commissioner is responsible for issuing authorizations to carry referred to in paragraph 20(a).

Marginal note:Conditions — chief firearms officer

• 58 (1) A chief firearms officer who issues a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport may attach any condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.

• 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 referred to in paragraph 20(b) or an authorization to transport is subject to the regulations.

• Marginal note:Conditions — Commissioner

  (1.2) Subject to the regulations, the Commissioner may attach any reasonable condition to an authorization to carry referred to in paragraph 20(a) that the Commissioner considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.

• Marginal note:Minors

  (2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual.

• Marginal note:Minors

  (3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it.