An Act to amend certain Acts and to make certain consequential amendments (firearms) (S.C. 2023, c. 32)
Full Document:
Assented to 2023-12-15
R.S., c. C-46Criminal Code (continued)
Transitional Provision
Marginal note:Unlawfully manufactured firearms
14.1 If proceedings in respect of an unlawfully manufactured firearm have been commenced under the Criminal Code before the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of that Act, as enacted by subsection 1(1), comes into force and have not been completed before that day, then that paragraph (e) does not apply with respect to the firearm in relation to those proceedings.
Review and Report
Marginal note:Review by House of Commons committee
14.2 (1) Five years after the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code, as enacted by subsection 1(2), comes into force, a comprehensive review of that paragraph is to be commenced by a committee of the House of Commons that may be designated or established by that House for that purpose.
Marginal note:Report to House of Commons
(2) Within one year, or any further time that is authorized by the House of Commons, after the day on which the review is commenced, the committee must submit a report on that review to the House of Commons, together with a statement of any changes to paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code, as enacted by subsection 1(2), that the committee recommends.
1995, c. 39Firearms Act
Amendments to the Act
15 Subsection 2(1) of the Firearms Act is amended by adding the following in alphabetical order:
- protection order
protection order protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from:
(a) being in physical proximity to an identified person or following an identified person from place to place;
(b) communicating with an identified person, either directly or indirectly;
(c) being at a specified place or within a specified distance of that place;
(d) engaging in harassing or threatening conduct directed at an identified person;
(e) occupying a family home or a residence; or
(f) engaging in family violence. (ordonnance de protection)
15.1 The portion of paragraph 4(b) of the Act after subparagraph (ii) is replaced by the following:
firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and
15.2 Paragraph 4(c) of the Act is replaced by the following:
(c) to authorize, notably by sections 35 to 73, 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 automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.
15.3 Subsection 5(1) of the Act is replaced by the following:
Marginal note:Personal safety
5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine.
15.4 Paragraph 5(2)(d) of the Act is replaced by the following:
(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 poses or could pose a threat or risk to the safety and security of any person;
16 The Act is amended by adding the following after section 6:
Marginal note:Protection orders
6.1 Subject to section 70.3 and the regulations, an individual is not eligible to hold a licence if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family.
17 The Act is amended by adding the following after section 12.1:
Marginal note:Handguns
12.2 A registration certificate for a handgun must not be issued to an individual.
18 (0.1) Paragraph 19(1)(b) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) wishes to transport the firearm to another individual or business that holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or
(1) Subsection 19(2.1) of the Act is replaced by the following:
Marginal note:Automatic authorization to transport — licence renewal
(2.1) An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport it 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 for the purpose of having it form part of a gun collection.
(2) Subsection 19(2.3) of the Act is replaced by the following:
Marginal note: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 their 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 for the purpose of having it form part of a gun collection.
19 The Act is amended by adding the following after section 19:
Marginal note:Exception — handguns
19.1 Despite subsection 19(1), an individual must not be authorized to transport a handgun from a port of entry unless the individual holds a registration certificate in respect of the handgun.
20 Section 20 of the Act is replaced by the following:
Marginal note:Carrying restricted firearms and pre-December 1, 1998 handguns
20 An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun
(a) to protect their life or the life of other individuals; or
(b) for use in connection with their lawful profession or occupation.
21 Subsection 23.2(1) of the Act is amended by adding the following after paragraph (d):
(d.1) if the transferee is an individual and the firearm is a handgun, the individual is referred to in section 97.1;
21.1 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:
Marginal note:Authorization to transfer cartridge magazine to individuals
(2) A person may transfer a cartridge magazine that is not prescribed to be a prohibited device only if the individual holds a licence authorizing him or her to possess firearms.
21.2 The Act is amended by adding the following after section 25:
Marginal note:Authorization to transfer firearm parts
25.1 (1) A person may transfer a firearm part to an individual only if the individual holds a licence authorizing them to possess firearms.
Marginal note:Exception — non-residents
(2) Subject to the regulations and despite subsection (1), a person may transfer a firearm part to a non-resident who is 18 years old or older and who does not hold a licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)(b) or subsection 38(2) and that is valid.
22 Paragraphs 27(a) and (b) of the Act are replaced by the following:
(a) verify
(i) whether the transferee holds a licence,
(ii) whether the transferee is still eligible to hold that licence,
(iii) whether the licence authorizes the transferee to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and
(iv) if the proposed transfer is in respect of a handgun, whether the transferee is an individual referred to in section 97.1;
(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
23 Section 28 of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(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.
24 (1) The portion of section 30 of the Act before paragraph (b) is replaced by the following:
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;
(2) Paragraphs 30(b) and (c) of the English version of the Act are replaced by the following:
(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.
25 Section 32 of the Act is replaced by the following:
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.
26 The Act is amended by adding the following after section 36:
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.
27 Paragraph 54(2)(a) of the Act is replaced by the following:
(a) a chief firearms officer, in the case of a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport;
(a.1) the Commissioner, in the case of an authorization to carry referred to in paragraph 20(a); or
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