Firearms Act (S.C. 1995, c. 39)

Marginal note:Permitted purposes

28 A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

• (a) that the individual needs the restricted firearm or handgun

  • (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;

• (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is for use 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

• (c) in the case of a restricted firearm other than a handgun, that the purpose for which the individual wishes to acquire it is to form part of their gun collection and the individual satisfies the criteria described in section 30.

Marginal note:Shooting clubs and shooting ranges

• 29 (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.

• Marginal note:Approval

  (2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if

  • (a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and

  • (b) the premises of the shooting club or shooting range are located in that province.

• Marginal note:Revocation

  (3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).

• Marginal note:Delegation

  (4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.

• Marginal note:Notice of refusal to approve or revocation

  (5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.

• Marginal note:Material to accompany notice

  (6) A notice given under subsection (5) 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

  (7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.

Marginal note:Gun collectors

30 The criteria referred to in paragraph 28(c) are that the individual

• (a) has knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms, other than handguns, that they possess;

• (b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which those firearms are to be kept; and

• (c) has complied with any other prescribed requirements respecting knowledge, secure storage and the keeping of records in respect of those firearms.

Marginal note:Registrar

• 31 (1) On being informed of a proposed transfer of a firearm, the Registrar may

  • (a) issue a new registration certificate for the firearm in accordance with this Act; and

  • (b) revoke any registration certificate for the firearm held by the transferor.

• Marginal note:Transfers of firearms to the Crown, etc.

  (2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.

Marginal note:Mail-order transfers of firearms

32 A person may transfer a firearm by mail only if the prescribed conditions are complied with and the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30 and 31 take place within a reasonable period before the transfer in the prescribed manner.

Authorized Lending

Marginal note:Authorization to lend

33 Subject to section 34, a person may lend a firearm only if

• (a) the person

  • (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and

  • (ii) in the case of a prohibited firearm or a restricted firearm, lends the registration certificate for it to the borrower; or

• (b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

Marginal note:Authorization to lend firearms, etc., to the Crown, etc.

34 A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if

• (a) in the case of a prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and

• (b) the prescribed conditions are complied with.

Authorized Exportation and Importation

Individuals

Marginal note:Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms

• 35 (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,

  • (a) the non-resident

    • (i) is eighteen years old or older,

    • (ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

    • (iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and

  • (b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).

• Marginal note:Non-compliance

  (2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.

• Marginal note:Disposal of firearm

  (3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

• Marginal note:Non-compliance

  (4) If a non-restricted firearm is declared at a customs office to a customs officer and

  • (a) the non-resident has not truthfully completed the prescribed form, or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,

  the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.

Marginal note:Temporary licence and registration certificate

• 36 (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until

  • (a) the expiry of 60 days after the importation, in the case of a non-restricted firearm; or

  • (b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

• Marginal note:Renewal

  (2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

• Marginal note:Electronic or other means

  (3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.

Marginal note:Importation of ammunition or cartridge magazine — individuals

• 37 (1) An individual may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.

• Marginal note:Exception — non-residents

  (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — if they declare the ammunition or cartridge magazine to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the ammunition or cartridge magazine.

• Marginal note:Non-compliance

  (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the ammunition or cartridge magazine to be exported from that customs office or may detain the ammunition or cartridge magazine and give the individual a reasonable time to comply with those requirements.

• Marginal note:Disposal of ammunition or cartridge magazine

  (4) If those requirements are not complied with within a reasonable time and the ammunition is not exported, a customs officer shall lawfully dispose of the ammunition or cartridge magazine.

• Marginal note:Non-compliance

  (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,

  • (a) the non-resident has not truthfully completed the prescribed form; or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.

Marginal note:Importation of firearm parts — individuals

• 38 (1) An individual may import a firearm part only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer.

• Marginal note:Exception — non-residents

  (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import a firearm part if they declare it to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the firearm part.

• Marginal note:Non-compliance

  (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the firearm part to be exported from the customs office or may detain it and give the individual a reasonable time to comply with those requirements.

• Marginal note:Disposal of firearm part

  (4) If those requirements are not complied with within a reasonable time and the firearm part is not exported, a customs officer shall lawfully dispose of it.

• Marginal note:Non-compliance

  (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things,

  • (a) the non-resident has not truthfully completed the prescribed form; or

  • (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.

39 [Repealed before coming into force, 2008, c. 20, s. 3]

40 [Repealed before coming into force, 2008, c. 20, s. 3]

41 [Repealed before coming into force, 2008, c. 20, s. 3]

42 [Repealed before coming into force, 2008, c. 20, s. 3]

43 [Repealed before coming into force, 2008, c. 20, s. 3]

44 [Repealed before coming into force, 2008, c. 20, s. 3]

45 [Repealed before coming into force, 2008, c. 20, s. 3]

46 [Repealed before coming into force, 2008, c. 20, s. 3]

47 [Repealed before coming into force, 2008, c. 20, s. 3]

48 [Repealed before coming into force, 2008, c. 20, s. 3]