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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2022-11-16 and last amended on 2022-05-18. Previous Versions

Licences, Registration Certificates and Authorizations (continued)

Term (continued)

Marginal note:Term of authorizations

  •  (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.

  • Marginal note:Authorizations to transport

    (2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of

    • (a) the expiration of the period for which the condition is expressed to be attached, and

    • (b) the expiration of the licence.

  • Marginal note:Authorizations to transport

    (3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of

    • (a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and

    • (b) the expiration of the licence.

  • Marginal note:Authorizations to carry

    (4) An authorization to carry expires

    • (a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of

      • (i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and

      • (ii) the expiration of the licence; and

    • (b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.

  • 1995, c. 39, s. 65
  • 2003, c. 8, s. 41

Marginal note:Term of registration certificates

 A registration certificate for a prohibited firearm or a restricted firearm expires when

  • (a) the holder of the registration certificate ceases to be the owner of the firearm; or

  • (b) the firearm ceases to be a firearm.

  • 1995, c. 39, s. 66
  • 2012, c. 6, s. 20

Marginal note:Renewal

  •  (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the prescribed manner.

  • Marginal note:Restricted firearms and pre-December 1, 1998 handguns

    (2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.

  • Marginal note:Registrar

    (3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

    • (a) give notice of that decision in the prescribed form to the individual; and

    • (b) inform the Registrar of that decision.

  • Marginal note:Relics

    (4) Subsections (2) and (3) do not apply to a firearm

    • (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir;

    • (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir;

    • (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and

    • (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act.

  • Marginal note:Material to accompany notice

    (5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.

  • 1995, c. 39, s. 67
  • 2003, c. 8, ss. 42, 56

Refusal to Issue and Revocation

Marginal note:Licences and authorizations

 A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Marginal note:Registration certificates

 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Marginal note:Revocation of licence or authorization

  •  (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,

    • (a) where the holder of the licence or authorization

      • (i) is no longer or never was eligible to hold the licence or authorization,

      • (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,

      • (ii) contravenes any condition attached to the licence or authorization, or

      • (iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or

    • (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

  • Marginal note:Registrar

    (2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

Marginal note:Revocation of registration certificate

  •  (1) The Registrar

    • (a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and

    • (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

  • Marginal note:Automatic revocation of registration certificate

    (2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

  • 1995, c. 39, s. 71
  • 2003, c. 8, s. 44
  • 2012, c. 6, s. 21

Marginal note:Notice of refusal to issue or revocation

  •  (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

  • Marginal note:When notice not required

    (1.1) Notice under subsection (1) need not be given in any of the following circumstances:

    • (a) if the holder has requested that the licence, registration certificate or authorization be revoked; or

    • (b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

  • Marginal note:Material to accompany notice

    (2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

  • Marginal note:Non-disclosure of information

    (3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

  • Marginal note:Disposal of firearms

    (4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

  • Marginal note:Disposal of firearms — registration certificate

    (5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

  • Marginal note:Reference

    (6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

  • 1995, c. 39, s. 72
  • 2003, c. 8, s. 45
  • 2012, c. 6, s. 22

 [Repealed, 2003, c. 8, s. 46]

References to Provincial Court Judge

Marginal note:Reference to judge of refusal to issue or revocation, etc.

  •  (1) Subject to subsection (2), where

    • (a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import,

    • (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or

    • (c) a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act,

    the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.

  • Marginal note:Limitation period

    (2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

  • 1995, c. 39, s. 74
  • 2003, c. 8, s. 47

Marginal note:Hearing of reference

  •  (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify.

  • Marginal note:Evidence

    (2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder.

  • Marginal note:Burden of proof

    (3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

Marginal note:Decision by provincial court judge

 On the hearing of a reference, the provincial court judge may, by order,

  • (a) confirm the decision of the chief firearms officer, Registrar or provincial minister;

  • (b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or

  • (c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Appeals to Superior Court and Court of Appeal

Marginal note:Nunavut

 With respect to Nunavut, the following definitions apply for the purposes of sections 77 to 81.

provincial court judge

provincial court judge means a judge of the Nunavut Court of Justice. (juge)

superior court

superior court means a judge of the Court of Appeal of Nunavut. (cour supérieure)

  • 1999, c. 3, s. 64

Marginal note:Appeal to superior court

  •  (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (2) Subject to section 78, where a provincial court judge makes an order under paragraph 76(b) or (c),

    • (a) the Attorney General of Canada may appeal to the superior court against the order, if the order is directed to a chief firearms officer who was designated by the federal Minister, to the Registrar or to the federal Minister; or

    • (b) the attorney general of the province may appeal to the superior court against the order, in the case of any other order made under paragraph 76(b) or (c).

 
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