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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2022-09-22 and last amended on 2022-05-18. Previous Versions

Licences, Registration Certificates and Authorizations (continued)

Appeals to Superior Court and Court of Appeal (continued)

Marginal note:Notice of appeal

  •  (1) An appellant who proposes to appeal an order made under section 76 to the superior court must give notice of appeal not later than thirty days after the order is made.

  • Marginal note:Extension of time

    (2) The superior court may, either before or after the expiration of those thirty days, extend the time within which notice of appeal may be given.

  • Marginal note:Contents of notice

    (3) A notice of appeal must set out the grounds of appeal, together with such further material as the superior court may require.

  • Marginal note:Service of notice

    (4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on

    • (a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 76(a) confirming a decision of a chief firearms officer who was designated by the federal Minister, of the Registrar or of the federal Minister;

    • (b) the attorney general of the province, in the case of an appeal against any other order made under paragraph 76(a);

    • (c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and

    • (d) any other person specified by the superior court.

Marginal note:Disposition of appeal

  •  (1) On the hearing of an appeal, the superior court may

    • (a) dismiss the appeal; or

    • (b) allow the appeal and, in the case of an appeal against an order made under paragraph 76(a),

      • (i) 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

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

  • Marginal note:Burden on applicant

    (2) A superior court shall dispose of an appeal against an order made under paragraph 76(a) by dismissing it, unless the appellant establishes to the satisfaction of the court that a disposition referred to in paragraph (1)(b) is justified.

Marginal note:Appeal to court of appeal

 An appeal to the court of appeal may, with leave of that court or of a judge of that court, be taken against a decision of a superior court under section 79 on any ground that involves a question of law alone.

Marginal note:Application of Part XXVII of the Criminal Code

 Part XXVII of the Criminal Code, except sections 785 to 812, 816 to 819 and 829 to 838, applies in respect of an appeal under this Act, with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

Commissioner of Firearms

Marginal note:Appointment

 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix.

  • 2003, c. 8, s. 48

Marginal note:Duties, functions and powers

 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister.

  • 2003, c. 8, s. 48

Marginal note:Delegation — federal Minister

 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3).

  • 2003, c. 8, s. 48

Marginal note:Incapacity or vacancy

 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council.

  • 2003, c. 8, s. 48

Marginal note:Superannuation and compensation

 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.

  • 2003, c. 8, s. 48

Canadian Firearms Registration System

Registrar of Firearms

Marginal note:Registrar of Firearms

 An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act.

  • 1995, c. 39, s. 82
  • 2003, c. 8, s. 49

Marginal note:Incapacity or vacancy

 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar.

  • 2003, c. 8, s. 49

Records of the Registrar

Marginal note:Canadian Firearms Registry

  •  (1) The Registrar shall establish and maintain a registry, to be known as the Canadian Firearms Registry, in which shall be kept a record of

    • (a) every licence, every registration certificate for a prohibited firearm or a restricted firearm and every authorization that is issued or revoked by the Registrar;

    • (b) every application for a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is refused by the Registrar;

    • (c) every transfer of a firearm of which the Registrar is informed under section 26 or 27;

    • (d) every exportation from or importation into Canada of a firearm of which the Registrar is informed under section 42 or 50;

    • (e) every loss, finding, theft or destruction of a firearm of which the Registrar is informed under section 88; and

    • (f) such other matters as may be prescribed.

  • Marginal note:Operation

    (2) The Registrar is responsible for the day-to-day operation of the Canadian Firearms Registry.

  • 1995, c. 39, s. 83
  • 2012, c. 6, s. 23

Marginal note:Destruction of records

 The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed.

Marginal note:Other records of Registrar

  •  (1) The Registrar shall establish and maintain a record of

    • (a) firearms acquired or possessed by the following persons and used by them in the course of their duties or for the purposes of their employment, namely,

      • (i) peace officers,

      • (ii) persons training to become police officers or peace officers under the control and supervision of

        • (A) a police force, or

        • (B) a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

      • (iii) persons or members of a class of persons employed in the federal public administration or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and

      • (iv) chief firearms officers and firearms officers;

    • (b) firearms acquired or possessed by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province;

    • (c) every request for a reference number made to the Registrar under section 23 and, if the request is refused, the reasons for refusing the request; and

    • (d) every reference number that is issued by the Registrar under subsection 23(3) and, with respect to each reference number, the day on which it was issued and the licence numbers of the transferor and transferee.

  • Marginal note:Reporting of acquisitions and transfers

    (2) A person referred to in paragraph (1)(a) or (b) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer.

  • Marginal note:Destruction of records

    (3) The Registrar may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed.

Marginal note:Records to be transferred

 The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.

Records of Chief Firearms Officers

Marginal note:Records of chief firearms officers

  •  (1) A chief firearms officer shall keep a record of

    • (a) every licence and authorization that is issued or revoked by the chief firearms officer;

    • (b) every application for a licence or authorization that is refused by the chief firearms officer;

    • (c) every prohibition order of which the chief firearms officer is informed under section 89; and

    • (d) such other matters as may be prescribed.

  • Marginal note:Destruction of records

    (2) A chief firearms officer may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed.

Marginal note:Reporting of loss, finding, theft and destruction

 A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a restricted firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.

  • 1995, c. 39, s. 88
  • 2012, c. 6, s. 24

Reporting of Prohibition Orders

Marginal note:Reporting of prohibition orders

 Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.

Access to Records

Marginal note:Right of access

 The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.

 [Repealed, 2019, c. 9, s. 11]

Electronic Filing

Marginal note:Electronic filing

  •  (1) Subject to the regulations, notices and documents that are sent to or issued by the Registrar pursuant to this or any other Act of Parliament may be sent or issued in electronic or other form in any manner specified by the Registrar.

  • Marginal note:Time of receipt

    (2) For the purposes of this Act and Part III of the Criminal Code, a notice or document that is sent or issued in accordance with subsection (1) is deemed to have been received at the time and date provided by the regulations.

Marginal note:Records of Registrar

  •  (1) Records required by section 83 or 85 to be kept by the Registrar may

    • (a) be in bound or loose-leaf form or in photographic film form; or

    • (b) be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written or printed form within a reasonable time.

  • Marginal note:Storage of documents or information in electronic or other form

    (2) Subject to the regulations, a document or information received by the Registrar under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible written or printed form within a reasonable time.

  • Marginal note:Probative value

    (3) Where the Registrar maintains a record of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same probative value as the document would have had if it had been proved in the ordinary way.

Reports

Marginal note:Report to federal Minister

  •  (1) The Commissioner shall, as soon as possible after the end of each calendar 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:Report to be laid before Parliament

    (2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it.

  • 1995, c. 39, s. 93
  • 2003, c. 8, s. 50

Marginal note:Information to be submitted to Commissioner

 A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93.

  • 1995, c. 39, s. 94
  • 2003, c. 8, s. 50

General

Agreements with Provinces

Marginal note:Agreements with provinces

 The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces

  • (a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and

  • (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.

 
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