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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2020-06-17 and last amended on 2019-06-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 27, s. 10

    • 10 The Act is amended by adding the following in numerical order:

      • Obligation to provide information
        • 42.2 (1) A business may import a prohibited firearm or a restricted firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation.

        • Information sharing

          (2) The Registrar and a customs officer may provide each other with any form or information that they receive under subsection (1).

  • — 2015, c. 27, s. 15

    • 15 Subsection 83(1) of the Act is amended by adding the following after paragraph (d):

      • (d.1) all information provided to the Registrar under section 42.2;

  • — 2019, c. 9, s. 1

    • 2015, c. 27, s. 2(2)
      • 1 (1) Subsection 2(2) of the Firearms Act is replaced by the following:

        • Criminal Code

          (2) Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.

      • (2) Section 2 of the Act is amended by adding the following after subsection (3):

        • For greater certainty

          (4) For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.

  • — 2019, c. 9, s. 2

      • 2 (1) The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:

        • Criteria

          (2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person

      • (2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

        • (c) has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;

        • (d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;

        • (e) in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intimate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or

        • (f) for any other reason, poses a risk of harm to any person.

      • (3) Section 5 of the Act is amended by adding the following after subsection (2):

        • For greater certainty

          (2.1) For greater certainty, for the purposes of paragraph (2)(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network.

  • — 2019, c. 9, s. 3(2)

      • 3 (2) Section 12 of the Act is amended by adding the following after subsection (9):

        • Grandfathered individuals — CZ rifle

          (10) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (11) if

          • (a) the individual possessed one or more such firearms on June 30, 2018;

          • (b) the individual

            • (i) held on that day a registration certificate for one or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or

            • (ii) applies, before the first anniversary of the commencement day, for a registration certificate that is subsequently issued for a firearm referred to in subsection (11), in any other case; and

          • (c) the individual was continuously the holder of a registration certificate for one or more such firearms beginning on

            • (i) June 30, 2018, in the case where at least one of those firearms was on that day a restricted firearm, or

            • (ii) the day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case.

        • Grandfathered firearms — CZ rifle

          (11) Subsection (10) applies in respect of a firearm that

          • (a) is a

            • (i) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle,

            • (ii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle,

            • (iii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle, or

            • (iv) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle; and

          • (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.

        • For greater certainty

          (12) For greater certainty, the firearms referred to in subparagraphs (11)(a)(i) to (iv) include only firearms that are prohibited firearms on the commencement day.

        • Grandfathered individuals — SAN Swiss Arms

          (13) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (14) if

          • (a) the individual possessed one or more such firearms on June 30, 2018;

          • (b) the individual

            • (i) held on that day a registration certificate for one or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or

            • (ii) applies, before the first anniversary of the commencement day, for a registration certificate that was subsequently issued for a firearm referred to in subsection (14), in any other case; and

          • (c) the individual was continuously the holder of a registration certificate for one or more such firearms beginning on

            • (i) June 30, 2018, in the case where at least one of the firearms was on that day a restricted firearm, or

            • (ii) the day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case.

        • Grandfathered firearms — SAN Swiss Arms

          (14) Subsection (13) applies in respect of a firearm that

          • (a) is a

            • (i) SAN Swiss Arms Model Classic Green rifle,

            • (ii) SAN Swiss Arms Model Classic Green carbine,

            • (iii) SAN Swiss Arms Model Classic Green CQB rifle,

            • (iv) SAN Swiss Arms Model Black Special rifle,

            • (v) SAN Swiss Arms Model Black Special carbine,

            • (vi) SAN Swiss Arms Model Black Special CQB rifle,

            • (vii) SAN Swiss Arms Model Black Special Target rifle,

            • (viii) SAN Swiss Arms Model Blue Star rifle,

            • (ix) SAN Swiss Arms Model Heavy Metal rifle,

            • (x) SAN Swiss Arms Model Red Devil rifle,

            • (xi) SAN Swiss Arms Model Swiss Arms Edition rifle,

            • (xii) SAN Swiss Arms Model Classic Green Sniper rifle,

            • (xiii) SAN Swiss Arms Model Ver rifle,

            • (xiv) SAN Swiss Arms Model Aestas rifle,

            • (xv) SAN Swiss Arms Model Autumnus rifle, or

            • (xvi) SAN Swiss Arms Model Hiemis rifle; and

          • (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.

  • — 2019, c. 9, ss. 4(2), (3)

    • 2015, c. 27, s. 6
      • 4 (2) Subsections 19(1.1) and (2) of the Act are replaced by the following:

        • Target practice or competition

          (1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9), (11) or (14) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

        • Exception for prohibited firearms other than prohibited handguns

          (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9), (11) or (14) — between specified places except for the purposes referred to in paragraph (1)(b).

      • 2015, c. 27, s. 6

        (3) Subsections 19(2.1) to (2.3) of the Act are replaced by the following:

        • Automatic authorization to transport — licence renewal

          (2.1) An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

        • Automatic authorization to transport — transfer

          (2.2) If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where they acquire it to the place where they may possess it under section 17.

        • Automatic authorization to transport — transfer

          (2.3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

  • — 2019, c. 9, s. 5

    • 2012, c. 6, s. 11; 2015, c. 27, s. 7

      5 Sections 23 and 23.1 of the Act are replaced by the following:

      • Authorization to transfer non-restricted firearms
        • 23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,

          • (a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;

          • (b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and

          • (c) the reference number is still valid.

        • Information — transferee’s licence

          (2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

        • Reference number

          (3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

        • Period of validity

          (4) A reference number is valid for the prescribed period.

        • Registrar not satisfied

          (5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.

  • — 2019, c. 9, s. 6

    • 2015, c. 27, s. 11

      6 Subsection 54(1) of the Act is replaced by the following:

      • 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.

  • — 2019, c. 9, s. 7

    • 7 The Act is amended by adding the following after section 58:

      • 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.

        • 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.

  • — 2019, c. 9, s. 8

    • 2015, c. 27, s. 13(1)

      8 Subsection 61(3.1) of the Act is replaced by the following:

      • 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.

  • — 2019, c. 9, s. 9

    • 9 Paragraph 70(1)(a) of the Act is amended by adding the following after subparagraph (i):

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

  • — 2019, c. 9, s. 10

      • 10 (1) The portion of subsection 85(1) of the French version of the Act before subparagraph (a)(i) is replaced by the following:

        • Autres registres du directeur
          • 85 (1) Le directeur établit un registre :

            • a) des armes à feu acquises ou détenues par les personnes précisées ci-après et utilisées par celles-ci dans le cadre de leurs fonctions :

      • (2) Paragraph 85(1)(b) of the French version of the Act is replaced by the following:

        • b) des armes à feu acquises ou détenues par des particuliers sous les ordres et pour le compte des forces policières ou d’un ministère fédéral ou provincial;

      • (3) Subsection 85(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):

        • (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.

      • (4) Subsection 85(2) of the Act is replaced by the following:

        • 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.

  • — 2019, c. 9, s. 11

    • 2012, c. 6, s. 25

      11 Section 90.1 of the Act is repealed.

  • — 2019, c. 9, s. 13

      • 13 (1) Section 117 of the Act is amended by adding the following after paragraph (c):

        • (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;

      • (2) [In force]

      • (3) Section 117 of the Act is amended by adding the following after paragraph (n):

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

  • — 2019, c. 9, s. 14

    • 14 The Act is amended by adding the following after section 126:

      • Licence of business — deemed conditions

        126.1 Every licence of a business that is valid on the commencement day is deemed to include the conditions set out in paragraphs 58.1(1)(a) to (c).

  • — 2019, c. 9, s. 15

    • 15 The Act is amended by adding the following after section 135:

      • Revocation of authorization to transport

        135.1 All of the following authorizations to transport a prohibited firearm or a restricted firearm are revoked:

        • (a) authorizations issued under any of paragraphs 19(2.1)(b) to (e), as those paragraphs read immediately before the commencement day; and

        • (b) authorizations issued under paragraph 19(2.2)(b), as that paragraph read immediately before the commencement day, in respect of transportation to and from the places referred to in any of the paragraphs that are set out in paragraph (a).

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