Firearms Act (S.C. 1995, c. 39)

Delegation

Marginal note:Authorized chief firearms officer may perform functions of provincial minister

98 A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.

Marginal note:Designated officers may perform functions of chief firearms officers

99 A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation.

Marginal note:Designated officers may perform functions of Registrar

100 A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.

Inspection

Marginal note:Definition of “inspector”

101 In sections 102 to 105, inspector means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.

Marginal note:Inspection

• 102 (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may

  • (a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply;

  • (b) examine any firearm and examine any other thing that the inspector finds and take samples of it;

  • (c) conduct any tests or analyses or take any measurements; and

  • (d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In carrying out an inspection of a place under subsection (1), an inspector may

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

• Marginal note:Use of force

  (3) In carrying out an inspection of a place under subsection (1), an inspector may not use force.

• Marginal note:Receipt for things taken

  (4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm.

• Marginal note:Definition of “business”

  (5) For greater certainty, in this section, business has the meaning assigned by subsection 2(1).

Marginal note:Duty to assist inspectors

103 The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall

• (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and

• (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.

Marginal note:Inspection of dwelling-house

• 104 (1) An inspector may not enter a dwelling-house under section 102 except

  • (a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and

  • (b) with the consent of the occupant or under a warrant.

• Marginal note:Authority to issue warrant

  (2) A justice who on ex parte application is satisfied by information on oath

  • (a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused

  may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.

• Marginal note:Areas that may be inspected

  (3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only

  • (a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and

  • (b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.

Marginal note:Demand to produce firearm

105 An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

Offences

Marginal note:False statements to procure licences, etc.

• 106 (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization.

• Marginal note:False statements to procure customs confirmations

  (2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the document.

• Marginal note:Definition of “statement”

  (3) In this section, statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

Marginal note:Tampering with licences, etc.

107 Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies

• (a) a licence, registration certificate or authorization; or

• (b) a confirmation by a customs officer of a document under this Act.

Marginal note:Unauthorized possession of ammunition

108 Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.

Marginal note:Punishment

109 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (k.2), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Contravention of conditions of licences, etc.

110 Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.

Marginal note:Punishment

111 Every person who commits an offence under section 110 or who does not comply with section 103

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Advertising

• 112 (1) Every business or every person referred to below commits an offence that advertises a firearm in a manner that depicts, counsels or promotes violence against a person:

  • (a) a person who is an owner of or partner in the business;

  • (b) if the business is a corporation, a person who is a director or officer of the corporation;

  • (c) a person who has a relationship with a person referred to in paragraph (a) or (b) and who has a direct influence on the operations of the business.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel.

• Marginal note:Punishment

  (2) Every business that, or every person referred to in paragraph (1)(a), (b) or (c) who, commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment

    • (i) in the case of a first offence, for a term not exceeding two years, and

    • (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

Marginal note:Non-compliance with demand to produce firearm

113 Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105.

Marginal note:Failure to deliver up revoked licence, etc.

114 Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.

Marginal note:Punishment

115 Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction.

Marginal note:Attorney General of Canada may act

116 Any proceedings in respect of an offence under this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

Regulations

Marginal note:Regulations

117 The Governor in Council may make regulations

• (a) defining the expression “protection order” for the purposes of this Act;

• (a.01) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences;

• (a.1) deeming permits to export goods, or classes of permits to export goods, that are issued under the Export and Import Permits Act to be authorizations to export for the purposes of this Act;

• (b) regulating the revocation of licences, registration certificates and authorizations;

• (c) prescribing the circumstances in which an individual does or does not need firearms

  • (i) to protect the life of that individual or of other individuals, or

  • (ii) for use in connection with his or her lawful profession or occupation;

• (c.1) regulating, for the purpose of issuing a reference number under section 23, the provision of information by a transferor, a transferee and the Registrar;

• (d) regulating the use of firearms in target practice or target shooting competitions;

• (e) regulating

  • (i) the establishment and operation of shooting clubs and shooting ranges,

  • (ii) the activities that may be carried on at shooting clubs and shooting ranges,

  • (iii) the possession and use of firearms at shooting clubs and shooting ranges, and

  • (iv) the keeping and destruction of records in relation to shooting clubs and shooting ranges and members of those clubs and ranges;

• (f) regulating the establishment and maintenance of gun collections and the acquisition and disposal or disposition of firearms that form part or are to form part of a gun collection;

• (g) regulating the operation of gun shows, the activities that may be carried on at gun shows and the possession and use of firearms at gun shows;

• (h) regulating the storage, handling, transportation, shipping, display, advertising and mail-order sale of firearms and restricted weapons and defining the expression “mail-order sale” for the purposes of this Act;

• (i) regulating the storage, handling, transportation, shipping, possession for a prescribed purpose, transfer, exportation or importation of

  • (i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and firearm parts, or

  • (ii) components or parts of prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

• (j) regulating the possession and use of restricted weapons;

• (j.1) respecting the possession and transportation of firearms during the extension period referred to in subsection 64(1.1);

• (k) for authorizing

  • (i) the possession at any place, or

  • (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration,

  of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

• (k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

• (k.2) respecting the marking of firearms manufactured in Canada or imported into Canada and the removal, alteration, obliteration and defacing of those markings;

• (k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(b) and the confirmation of declarations for the purposes of subsections 37(2) and 38(2);

• (k.4) respecting the disposal of ammunition and cartridge magazines referred to in subsection 37(4) and of firearm parts referred to in subsection 38(4);

• (l) regulating the storage, handling, transportation, shipping, acquisition, possession, transfer, exportation, importation, use and disposal or disposition of firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and explosive substances

  • (i) by the following persons in the course of their duties or for the purposes of their employment, namely,

    • (A) peace officers,

    • (B) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

    • (C) 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

    • (D) chief firearms officers and firearms officers, and

  • (ii) 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;

• (m) regulating the keeping, transmission and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

• (n) regulating the keeping and destruction of records by businesses in relation to ammunition;

• (n.1) regulating the transmission of records under paragraph 58.1(1)(c) by a business to a prescribed official;

• (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n);

• (p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, registration certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act;

• (q) waiving or reducing the fees payable under paragraph (p) in such circumstances as may be specified in the regulations;

• (r) prescribing the charges that are to be paid to Her Majesty in right of Canada in respect of costs incurred by Her Majesty in right of Canada in storing goods that are detained by customs officers or in disposing of goods;

• (s) respecting the operation of the Canadian Firearms Registry;

• (t) regulating the sending or issuance of notices and documents in electronic or other form, including

  • (i) the notices and documents that may be sent or issued in electronic or other form,

  • (ii) the persons or classes of persons by whom they may be sent or issued,

  • (iii) their signature in electronic or other form or their execution, adoption or authorization in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as their signature, and

  • (iv) the time and date when they are deemed to be received;

• (u) respecting the manner in which any provision of this Act or the regulations applies to any of the aboriginal peoples of Canada, and adapting any such provision for the purposes of that application;

• (v) repealing

  • (i) section 4 of the Cartridge Magazine Control Regulations, made by Order in Council P.C. 1992-1660 of July 16, 1992 and registered as SOR/92-460, and the heading before it,

  • (ii) the Designated Areas Firearms Order, C.R.C., chapter 430,

  • (iii) section 4 of the Firearms Acquisition Certificate Regulations, made by Order in Council P.C. 1992-1663 of July 16, 1992 and registered as SOR/92-461, and the heading before it,

  • (iv) section 7 of the Genuine Gun Collector Regulations, made by Order in Council P.C. 1992-1661 of July 16, 1992 and registered as SOR/92-435, and the heading before it,

  • (v) sections 8 and 13 of the Prohibited Weapons Control Regulations, made by Order in Council P.C. 1991-1925 of October 3, 1991 and registered as SOR/91-572, and the headings before them,

  • (vi) the Restricted Weapon Registration Certificate for Classes of Persons other than Individuals Regulations, made by Order in Council P.C. 1993-766 of April 20, 1993 and registered as SOR/93-200, and

  • (vii) sections 7, 15 and 17 of the Restricted Weapons and Firearms Control Regulations, made by Order in Council P.C. 1978-2572 of August 16, 1978 and registered as SOR/78-670, and the headings before them; and

• (w) prescribing anything that by any provision of this Act is to be prescribed by regulation.