Firearms Act (S.C. 1995, c. 39)

Marginal note:Conditions — licence issued to business

• 58.1 (1) A chief firearms officer who issues a licence to a business must attach the following conditions to the licence:

  • (a) the business must record and, for the prescribed period, keep the prescribed information that relates to the business’ possession and disposal of non-restricted firearms;

  • (b) the business must record and — for a period of 20 years from the day on which the business transfers a non-restricted firearm, or for a longer period that may be prescribed — keep the following information in respect of the transfer:

    • (i) the reference number issued by the Registrar,

    • (ii) the day on which the reference number was issued,

    • (iii) the transferee’s licence number, and

    • (iv) the firearm’s make, model and type and, if any, its serial number; and

  • (c) the business must, unless otherwise directed by a chief firearms officer, transmit any records containing the information referred to in paragraph (a) or (b) to a prescribed official if it is determined that the business will cease to be a business.

• Marginal note:Destruction of records

  (2) The prescribed official may destroy the records transmitted to them under paragraph (1)(c) at the times and in the circumstances that may be prescribed.

Marginal note:Different registered owner

59 An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.

Marginal note:Registration certificates and authorizations to export or import

60 The Registrar is responsible for issuing registration certificates for prohibited firearms and restricted firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.

Marginal note:Form

• 61 (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

• Marginal note:Form of authorizations

  (2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it.

• Marginal note:Condition attached to licence

  (3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.

• Marginal note:Automatic authorization to transport

  (3.1) An authorization to transport referred to in subsection 19(1.1), (2.1), (2.2) or (2.3) must take the form of a condition attached to a licence.

• 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:Not transferable

62 Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

Marginal note:Geographical extent

• 63 (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

• (2) [Repealed, 2003, c. 8, s. 39]

• Marginal note:Authorizations to carry

  (3) Authorizations to carry referred to in paragraph 20(a) are not valid outside the geographic area set in the authorization by Commissioner. Authorizations to carry referred to in paragraph 20(b) are not valid outside the province in which they are issued.

Term

Marginal note:Term of licences

• 64 (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of

  • (a) five years after the birthday of the holder next following the day on which it is issued, and

  • (b) the expiration of the period for which it is expressed to be issued.

• 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, ammunition or cartridge magazines.

• 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.

• Marginal note:Minors

  (2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of

  • (a) the day on which the holder attains the age of eighteen years, and

  • (b) the expiration of the period for which it is expressed to be issued.

• Marginal note:Businesses

  (3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of

  • (a) three years after the day on which it is issued, and

  • (b) the expiration of the period for which it is expressed to be issued.

• Marginal note:Businesses that sell only ammunition

  (4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of

  • (a) five years after the day on which it is issued, and

  • (b) the expiration of the period for which it is expressed to be issued.

• (5) and (6) [Repealed before coming into force, 2008, c. 20, s. 3]

• Marginal note:Notice to holder

  (7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence.

Marginal note:Term of authorizations

• 65 (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.

Marginal note:Term of registration certificates

66 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;

• (b) the firearm ceases to be a firearm; or

• (c) the classification of the firearm as a restricted firearm or a prohibited firearm changes as a result of an amendment to an Act of Parliament or to a regulation made under an Act of Parliament.

Marginal note:Renewal — chief firearms officer

• 67 (1) A chief firearms officer may renew a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport in the prescribed manner.

• Marginal note:Renewal — Commissioner

  (1.1) The Commissioner may renew an authorization to carry referred to in paragraph 20(a) in the prescribed manner.

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

  (2) On renewing a licence authorizing an individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any such firearm or handgun is used by them

  • (a) to protect their life or the life of other individuals;

  • (b) in connection with their lawful profession or occupation;

  • (c) in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or

  • (d) to form part of their gun collection.

• 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.

Refusal to Issue and Suspension and Revocation

Marginal note:Refusal to issue — chief firearms officer

• 68 (1) 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 referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason.

• Marginal note:Refusal to issue — Commissioner

  (2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason.

Marginal note:Registration certificates

69 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

• 70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — 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.