
                  C-68

   First Session, Thirty-fifth Parliament,
      42-43-44 Elizabeth II, 1994-95



      THE HOUSE OF COMMONS OF CANADA



                BILL C-68



An Act respecting firearms and other weapons




     First reading,  February 14, 1995




          THE MINISTER OF JUSTICE



[begin explanatory note]

                     RECOMMENDATION

  His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances, in
the manner and for the purposes set out in a measure entitled "An Act
respecting firearms and other weapons".

                         SUMMARY
  This enactment establishes a licensing system for persons wishing to
possess firearms. Persons who meet specified criteria may be licensed to
possess firearms that are neither prohibited nor restricted  (e.g. most
hunting guns) or restricted firearms (e.g. handguns with a barrel length
over 105 mm). A licence to possess prohibited firearms (e.g. automatic
firearms, assault rifles. etc.) may be issued to an individual only if the
individual possessed a firearm of that kind before it was declared prohib-
ited. Businesses that supply firearms to the military or to the police, as
well as movie armourers and museums, may also be licensed to possess
prohibited firearms.
  In addition to licensing persons, the enactment also establishes a sys-
tem for the registration of all firearms.
  Controls in the enactment include a check to confirm the absence of
public safety concerns before the transfer of a firearm. The enactment
also contains controls on the import and export of firearms and on the
transport of restricted and prohibited firearms.
  Weapons and other things that are not firenams, but pose safety con-
cerns  serious enough to warrant restrictions (e.g. silencers, certain
knives), will also be subject to controls.
  The enactment also revises Part III of the Criminal Code and creates a
variety of offences relating to the unauthorized possession, transfer,
import and export of firearms and to the use of Firearms in the commis-
sion of offences. A scheme for prohibiting, as a result of criminal con-
duct, a person from future possession of firearms is also included.

[end explanatory note]


1st Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95



THE HOUSE OF COMMONS OF CANADA


         BILL C-68



An Act respecting firearms and other weap-
    ons




  Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:

              SHORT TITLE
  1. This Act may be cited as the Firearms
Act.                                             5

            INTERPRETATION
  2.  (1) In this Act,

"authorization to carry" means an authoriza-
  tion described in section 19;

"authorization to export" means an authoriza-
  tion referred to in section 43;                 10

"authorization to import" means an authoriza-
  tion referred to in section 45;

"authorization to transport" means an author-
  ization described in section 18;


"business" means a person who                      15

    (a) carries on a business that includes.

       (i) the manufacture, assembly, posses-
       sion, purchase,  sale,  importation, ex-
       portation,  display,  repair,  restoration,
       maintenance,  storage,  alteration,  tak-   20
       ing in pawn, transportation, shipping,
       distribution  or  delivery  of  firearms,
       prohibited  weapons,  restricted  weap-


2


       ons,  prohibited  devices or prohibited
       ammunition, or

       (ii) the possession, purchase or sale of
       ammunition, or

   (b) operates a museum in which firearms,                5
   prohibited weapons, restricted  weapons,
   prohibited devices or prohibited ammu-
   nition are possessed, bought, displayed,
   repaired, restored, maintained, stored or
   altered or in which ammunition is pos-                  10
   sessed or bought;

"carrier"  means a person  who carries on a
 transportation  business  that  includes  the
 transportation   of   firearms,   prohibited
 weapons,  restricted  weapons,  prohibited                15
 devices, ammunition or prohibited ammu-
 nition;

"chief firearms officer" means

    (a) in respect of a province, the individu-
    al  who  is  designated  in  writing  as  the          20
    chief firearms officer for the province by
    the provincial minister of that province,

    (b) in respect of a territory, the individu-
    al  who  is designated  in  writing  as  the
    chief firearms officer for the territory by            25
    the federal Minister, or

    (c)  in  respect of any  matter for which
    there is no chief firearms officer under
    paragraph (a) or (b), the individual who
    is designated in writing as the chief fire-            30
    arms officer for the matter by the federal
    Minister;

"commencement day", in respect of a provi-
  sion of this Act or the expression "former
  Act" in a provision of this Act, means the               35
  day  on  which  the  provision  comes  into
  force;

"customs officer" has the meaning assigned
  to the word "officer" by subsection 2(1) of
  the Customs Act;                                         40

"federal Minister" means the Minister of Jus-
   tice;

"firearms officer" means

     (a) in respect of a province, an individual
     who is designated in writing as a fire-               45


3


     arms officer for the province by the pro-
     vincial minister of that province,

     (b) in respect of a territory, an individual
     who is designated  in writing as a fire-
     arms officer for the territory by the fed-            5
     eral Minister, or

     (c)  in  respect of any  matter for which
     there is no firearms officer under para-
     graph  (a)  or (b),  an  individual  who  is
     designated in  writing  as a firearms of-             10
     ficer for the matter by the federal Minis-
     ter;

"former Act" means Part III of the Criminal
  Code, as it read from time to time before
  the commencement day;                                    15

"non-resident" means an individual who ordi-
  narily resides outside Canada;

"prescribed" means

     (a) in the case of a form or the informa-
     tion to be included on a form, prescribed             20
     by the federal Minister, and

     (b) in any other case, prescribed by the
     regulations;

"provincial minister" means

     (a) in respect of a province, the member              25
     of the executive council of the province
     who is designated by the lieutenant gov-
     ernor in council of the province as the
     provincial minister,

     (b) in respect of a territory, the federal            30
     Minister, or

     (c)  in  respect of any  matter for which
     there is no provincial minister under par-
     agraph (a) or (b), the federal Minister;

"regulations" means regulations made by the                35
  Governor in Council under section 110.

  (2) For greater certainty, 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.                      40

  (3) In this Act, "customs office", "export"
and "import" have the meanings assigned to
them by subsection 2(1) of the Customs Act.


4


            HER MAJESTY

  3. (1) This Act is binding on Her Majesty
in right of Canada or a province.

  (2)  Notwithstanding  subsection  (1),  this
Act does not apply in respect of the Canadian
Forces.                                                    5

              PURPOSE
  4.  The purpose of this Act is

  (a) to provide, notably by sections 5 to 16
  and 52 to 71, for the issuance of

    (i) licences, registration certificates  and
    authorizations under which persons may                 10
    possess  firearms  in  circumstances  that
    would  otherwise  constitute  an  offence
    under subsection 91(1), 92(1), 93(1) or
    95(1) of the Criminal Code,

    (ii)  licences  and  authorizations  under             15
    which  persons  may  possess  prohibited
    weapons, restricted weapons, prohibited
    devices  and  prohibited  ammunition  in
    circumstances that would otherwise con-
    stitute an offence under subsection 91(2),             20
    92(2) or 93(1) of the Criminal Code, and

    (iii) licences  under which  persons  may
    sell, barter or give cross-bows in circum-
    stances  that would otherwise constitute
    an offence under subsection 97(1) of the               25
    Criminal Code;

 (b) to authorize,

    (i) notably by sections 5 to 12 and 52 to
    71, the manufacture of or offer to manu-
    facture, and                                           30

    (ii) notably by sections 20 to 33 and 52 to
    71, the transfer of or offer to transfer,

  firearms,  prohibited  weapons,  restricted
  weapons,  prohibited  devices,  ammunition
  and  prohibited  ammunition  in  circum-                  35
  stances that would otherwise constitute an
  offence under subsection 99(1), l00(1) or
  101(1) of the Criminal Code; and
 
  (c) to authorize, notably by sections 34 to
  71, the importation or exportation of fire-              40
  arms, prohibited weapons, restricted weap-
  ons,   prohibited   devices,   ammunition,
  prohibited  ammunition  and  components
  and parts designed exclusively for use in


5


  the manufacture of or assembly into auto-
  matic firearms in circumstances that would
  otherwise constitute an offence under sub-
  section  103(1) or  104(1) of the Criminal
  Code.                                                    5

         AUTHORIZED POSSESSION

          Eligibility to Hold Licences
               General Rules

  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 cross-bow, a
prohibited  weapon,  a  restricted  weapon,  a             10
prohibited device, ammunition or prohibited
ammunition.

  (2) In determining whether a person is eli-
gible to hold a licence under subsection (1), a
chief firearms officer or, on a reference under            15
section 72, a provincial court judge shall have
regard to whether the person, within the pre-
vious five years,

  (a) has been convicted or discharged under
  section 736 of the Criminal Code of                      20

    (i)  an  offence  in  the  commission  of
    which  violence  against  another  person
    was used, threatened or attempted,

    (ii) an offence under this Act or Part III
    of the Criminal Code,                                  25

    (iii) an offence under section 264 of the
    Criminal Code (criminal harassment), or

    (iv) an offence relating to the contraven-
    tion of subsection 39(1) or (2) or 48(1) or
    (2) of the Food and Drugs Act or subsec-               30
    tion 4(1) or (2) or 5(1) of the Narcotic
    Control Act;

 (b)  has  been  treated  for a  mental  illness,
 whether in a hospital, mental institute, psy-
 chiatric clinic or otherwise and whether or               35
 not the person was confined to such a hos-
 pital, institute or clinic, that was associated
 with violence or threatened or attempted vi-
 olence on the part of the person against any
 person; or                                                40

 (c) has a history of behaviour that includes
 violence  or  threatened  or  attempted  vio-


6


 lence on the part of the person against any
 person.

  6.  (1) A person is eligible to hold a licence
only if the person is not prohibited by a prohi-
bition  order  from  possessing  any  firearm,             5
cross-bow,   prohibited   weapon,   restricted
weapon, prohibited device or prohibited am-
munition.

  (2) Subsection (1) is subject to any order
made under section 113 of the Criminal Code                10
(lifting of prohibition order for sustenance or
employment).

  7. (1) An individual is eligible to hold a
licence only if the individual

  (a)  successfully  completes  the  Canadian              15
  Firearms Safety Course, as given by an in-
  structor who is designated by a chief fire-
  arms  officer,  and  passes  the  tests,  as
  administered by an instructor who is desig-
  nated by a chief firearms officer, that form             20
  part of that Course;

  (b) except in the case of an individual who
  is less than eighteen years old, passes the
  tests, as administered by an instructor who
  is  designated  by  a  chief firearms  officer,          25
  that form part of that Course;

  (c) successfully completed, before January
  1 , 1995, a course approved by the attorney
  general of the province in which the course
  was administered, during the period begin-               30
  ning on January 1 , 1993 and ending on De-
  cember  31,  1994,  for  the  purposes  of
  section 106 of the former Act; or

  (d) passed, before January  1,  1995, a test
  that the attorney general of the province in             35
  which the test was administered approved,
  during the period beginning on January 1,
  1993 and ending on December 31, 1994,
  for the purposes of section 106 of the for-
  mer Act.                                                 40

  (2) An  individual  is  eligible  to hold  a li-
cence authorizing the individual to possess re-
stricted firearms only if the individual

  (a) successfully completes a restricted fire-
  arms safety course that is approved by the               45
  federal Minister, as given by an instructor
  who is designated by a chief firearms of-

 
7


  ficer, and passes any tests, as administered
  by  an  instructor  who  is  designated  by  a
  chief firearms officer, that form part of that
  course; or

  (b) passes a restricted firearms safety test,            5
  as administered by an instructor who is des-
  ignated by a chief firearms officer, that is
  approved by the federal Minister.

  (3) An individual against whom a Prohibi-
tion order was made                                        10

  (a) is eligible to hold a licence only if the
  individual  has, after the expiration  of the
  prohibition order,

    (i) successfully completed the Canadian
    Firearms Safety Course- as given by an                 15
    instructor who is designated by a chief
    firearms officer, and

    (ii) passed the tests, as administered by
    an instructor who is designated by a chief
    firearms  officer,  that  form  part  of that          20
    Course; and

  (b) is eligible to hold a licence authorizing
  the individual to possess restricted firearms
  only if the individual has, after the expira-
  tion of the prohibition order,                           25

    (i)  successfully  completed  a  restricted
    firearms safety  course  that is approved
    by the federal  Minister, as given by an
    instructor who is designated by a chief
    firearms officer, and                                  30

    (ii) passed any tests, as administered by
    an instructor who is designated by a chief
    firearms  officer,  that  form  part  of that
    course.

  (4) Subsections (1) and (2) do not apply to              35
an individual who

  (a)  in  the  prescribed  circumstances,  has
  been certified by a chief firearms officer as
  meeting the prescribed criteria relating to
  the safe handling and use of firearms and                40
  the laws relating to firearms;

  (b) is less than eighteen years old and re-
  quires a firearm to hunt or trap in order to
  sustain himself or herself or his or her fam-
  ily;                                                     45


8


  (c) on the commencement day, possessed
  one or more firearms and does not require a
  licence to acquire other firearms; or

  (d)  requires  a  licence  merely  to  acquire
  cross-bows.                                              5

  (5) Subsection (3) does not apply to an in-
dividual

  (a) in respect of whom an order is made
  under  section  113  of the  Criminal  Code
  (lifting of prohibition order for sustenance             10
  or employment) and who is exempted by a
  chief firearms officer from the application
  of that subsection; or

  (b) against whom a prohibition order was
  made   merely   because   another   person               15
  against whom a prohibition order was made
  cohabited with, or was an associate of, the
  individual.

         Special Cases - Persons

  8. (1) An individual who is less than eight-
een years old and who is otherwise eligible to             20
hold a licence is not eligible to hold a licence
except as provided in this section.

  (2) An individual who is less than eighteen
years old and who hunts or traps as a way of
life is eligible to hold a licence if the individ-         25
ual needs to hunt or trap in order to sustain
himself or herself or his or her family.

  (3) An individual who is twelve years old
or older but less than eighteen years old is
eligible to hold a licence authorizing the indi-           30
vidual to possess, in accordance with the con-
ditions attached to the licence, a firearm for
the purpose of target practice, hunting or in-
struction in the use of firearms or for the pur-
pose   of   taking   part   in   an   organized            35
competition.

  (4) An individual who is less than eighteen
years old is not eligible to hold a licence au-
thorizing the individual to possess prohibited
firearms  or restricted  firearms  or to acquire           40
firearms or cross-bows.

  (5) An individual who is less than eighteen
years old is eligible to hold a licence only if a
parent or person who has custody of the indi-


9


vidual has consented in writing to the issu-
ance of the licence.

  9. (1) A business is eligible to hold a li-
cence authorizing a particular activity only if
every person who stands in a prescribed rela-              5
tionship to the business is eligible under sec-
tions 5 and 6 to hold a licence authorizing that
activity  or the  acquisition  of restricted  fire-
arms.

  (2) A business other than a carrier is eligi-            10
ble to hold a licence only if

  (a) a chief firearms officer determines that
  no individual  who stands  in  a prescribed
  relationship to the business need be eligible
  to hold a licence under section 7; or                    15

  (b)  the  individuals  who  stand  in  a  pre-
  scribed  relationship  to  the  business  and
  who are determined by a chief firearms of-
  ficer to  be  the appropriate  individuals  to
  satisfy  the  requirements  of section  7  are           20
  eligible to hold a licence under that section.

  (3) A business other than a carrier is eligi-
ble to hold a licence only if every employee
of the business who, in the course of duties of
employment,  handles  or would  handle  fire-              25
arms,  prohibited  weapons,  restricted  weap-
ons,   prohibited   devices   or   prohibited
ammunition is the holder of a licence author-
izing the holder to acquire restricted firearms.

  (4) Subsection (1) does not apply in respect             30
of a person who stands in a prescribed rela-
tionship to a business where a chief firearms
officer  determines  that,  in  all  the  circum-
stances, the business should not be ineligible
to hold a licence merely because of that per-              35
son's ineligibility.

  10.  Sections 5, 6 and 9 apply in respect of
a carrier whose business includes the trans-
portation of firearms, prohibited weapons, re-
stricted   weapons,   prohibited   devices   or            40
prohibited ammunition from one province to
any other province, or beyond the limits of a
province, as if each reference in those sec-


10


tions to a chief firearms offcier were a refer-
ence to the Registrar.

    Special Cases - Prohibited Firearms,
    Weapons, Devices and Ammunition

  11. (1) A business that is otherwise eligi-
ble to hold a licence is not eligible to hold a
licence  authorizing  the  business  to  possess           5
prohibited firearms, prohibited weapons, pro-
hibited devices or prohibited ammunition ex-
cept as provided in this section.

  (2) A business other than a carrier is eligi-
ble to hold a licence authorizing the business             10
to  possess  prohibited  firearms,  prohibited
weapons,  prohibited  devices  or  prohibited
ammunition if the business needs to possess
them for a prescribed purpose.

  (3) A carrier is eligible to hold a licence              15
authorizing the carrier to possess  prohibited
firearms, prohibited weapons, prohibited de-
vices or prohibited ammunition.

  12. (1) An individual who is otherwise eli-
gible to hold a licence is not eligible to hold a          20
licence authorizing the individual to possess
prohibited firearms except as provided in this
section.

  (2) An individual who

  (a) on January  1, 1978 possessed one or               25
  more automatic firearms, and

  (b) on the commencement day held or had
  applied for a registration certificate under
  the former Act for one or more automatic
  firearms                                                 30

is eligible to hold a licence authorizing the
individual to possess automatic firearms that,
on the commencement day, were registered as
restricted weapons under the former Act.

  (3) An individual who                                    35

  (a) on August  1, 1992 possessed one or
  more automatic firearms

     (i) that had been altered to discharge on-
     ly one projectile during one pressure of
     the trigger, and                                      40

     (ii) for which on October 1 , 1992 a regis-
     tration certificate under the former Act
     had been issued or applied for, and


11


  (b) on the commencement day held or had
  applied for a registration certificate under
  the former Act for one or more automatic
  firearms that had been so altered

is eligible to hold a licence authorizing the              5
individual to possess automatic firearms that
have  been  so  altered  and  that,  on  the com-
mencement day, were registered as restricted
weapons under the former Act.

  (4) An individual who                                    10

  (a) before July 27, 1992 possessed one or
  more firearms that were declared to be pro-
  hibited weapons under the former Act by
  the  Prohibited  Weapons  Order,  No.  12,
  made by Order in Council P.C. 1992-1690                  15
  of July 23, 1992 and registered as SOR/92-
  471 , and

  (b) on the commencement day held or had
  applied for a registration certificate for one
  or more firearms that were so declared                   20

is eligible to hold a licence authorizing the
individual  to  possess  firearms  that  were  so
declared and that, on October 1, 1992, either
were registered  as restricted  weapons under
the former Act or were the subject of an appli-            25
cation for a registration certificate under the
former Act.

  (5) An individual who

  (a) before January 1, 1995 possessed one or
  more firearms that were declared to be pro-              30
  hibited weapons under the former Act by
  the  Prohibited  Weapons  Order,  No.  13,
  made by Order in Council P. C. 1994-1974
  of November 29,  1994 and registered as
  S0R/94-741 , and                                         35

  (b) on the commencement day held or had
  applied for a registration certificate for one
  or more firearms that were so declared

is  eligible  to  hold  a  licence  authorizing  the
individual  to  possess  firearms  that  were  so          40
declared and that, on January  1, 1995, either
were registered as restricted weapons under
the former Act or were the subject of an appli-
cation for a registration certificate under the
former Act.                                                45


12


 (6) An individual who

 (a) on February 14, 1995 held a registration
 certificate under the former Act for one or
 more handguns

    (i) that have a barrel equal to or less than           5
    105 mm in length, or

    (ii) that are designed or adapted to dis-
    charge a .25 or .32 calibre cartridge,

  or on February 14, 1995 had applied for a
  registration certificate that was subsequent-            10
  ly issued under the former Act for one or
  more of those handguns, and

  (b) on the commencement day held or had
  applied for a registration certificate under
  the former Act for one or more of those                  15
  handguns

is eligible to hold a licence authorizing the
individual to possess handguns described in
paragraph (a).

  (7) An individual who, on the day on which               20
a provision of regulations made by the Gover-
nor in  Council  under section  117.15  of the
Criminal Code comes into force prescribing a
firearm to be a prohibited firearm, possesses
one or more of those firearms is eligible in the           25
circumstances prescribed in those regulations
to hold a licence authorizing the individual to
possess firearms prescribed by the provision
to be prohibited firearms.

           Registration Certificates

   13.  A person is not eligible to hold a regis-          30
tration certificate for a firearm unless the per-
son holds a licence authorizing the person to
possess that kind of firearm.

   14.  A registration certificate may be issued
only for a firearm                                         35

   (a) that bears a serial number suffcient to
   distinguish it from other firearms; or

   (b) that is described in the prescribed man-
   ner.

   15. A registration certificate may not be               40
issued for a firearm that is owned by Her Maj-
esty in right of Canada or a province or by a
police force.


13


  16. (1) A registration certificate for a fire-
arm may be issued to only one person.

  (2) Subsection (1) does not apply in the
case of a firearm for which a registration cer-
tificate referred to in section 121 was issued             5
to more than one person.

AUTHORIZED TRANSPORTATION OF FIREARMS

  17.  Subject to sections 18 and 19, a prohib-
ited firearm or restricted firearm the holder of
the registration certificate for which is an in-
dividual may be possessed only at the dwell-               10
ing-house of the individual,  as indicated on
the registration certificate,  or at a place au-
thorized by a chief firearms officer.

  18. (1) An individual who holds a licence
authorizing the individual to possess prohibit-            15
ed firearms or restricted firearms may be au-
thorized to transport a particular prohibited
firearm or restricted  firearm between speci-
fied places for any good and sufficient reason,
including,  without  restricting  the  generality          20
of the foregoing,

  (a) in the case of a restricted firearm or a
  handgun referred to in paragraph 12(6)(a)
  (pre-February  14,  1995 handguns), for use
  in target practice, or a target shooting com-            25
  petition,   under  specified  conditions   or
  under the auspices of a shooting club or
  shooting range that is approved under sec-
  tion 28; or

  (b) if the individual                                    30

     (i) needs to transport the firearm by rea-
     son of a change of residence,

     (ii) wishes  to transport the firearm to a
     peace  officer,  firearms  officer  or  chief
     firearms officer for registration or dispo-           35
     sal in accordance with this Act or Part III
     of the Criminal Code,

     (iii) needs to transport the firearm for re-
     pair, or

     (iv) wishes to transport the firearm to a             40
     gun show.

  (2)  A  non-resident  may  be authorized  to
transport  a  particular  restricted  firearm  be-


14


tween  specified  places  in  accordance  with
section 34.

  19. An individual who holds a licence au-
thorizing the individual to possess restricted
firearms or handguns referred to in paragraph              5
12(6)(a)  (pre-February  14,  1995  handguns)
may be authorized to possess a particular re-
stricted firearm or handgun at a place other
than the place at which it is authorized to be
possessed if the individual requires the partic-           10
ular restricted firearm or handgun

  (a) to protect the life of that individual or of
  other individuals; or

  (b) for use in connection with his or her 
  lawful profession or occupation.                         15


AUTHORIZED TRANSFERS AND LENDING

            General Provosions

  20.  For the purposes of sections 21  to 31,
"transfer" means sell, barter or give.

  21. A person may transfer or lend a firearm
to an individual only if the person has no rea-
son to believe that the individual                         20

  (a) has a mental illness that makes it desira-
  ble,  in  the  interests  of the  safety  of that
  individual or any other person, that the in-
  dividual not possess a firearm; or

  (b) is impaired by alcohol or a drug.                    25

           Authorized Transfers

  22. A person may transfer a firearm if, at
the time of the transfer,

(a) the person

  (i) ensures that the transferee holds a li-
  cence  authorizing  the  transferee  to  ac-             30
  quire  and possess that kind  of firearm,
  and

  (ii) informs a chief firearms officer of the
  transfer and obtains the authorization of
  the chief fireams officer for the transfer;              35

(b) the transferee holds a licence authoriz-
ing the transferee to acquire and possess
that kind of firearm;


15


  (c)  a  new  registration  certificate  for  the
  firearm  is  issued  in  accordance  with this
  Act; and

  (d) the prescribed conditions are complied
  with.                                                    5

  23. (1) Subject to section 25, a person may
transfer a prohibited weapon, prohibited de-
vice or prohibited ammunition only to a busi-
ness.

  (2)  A  person  may  transfer  a  prohibited             10
weapon,  prohibited  device,  ammunition  or
prohibited ammunition to a business only if

  (a) the business holds a licence authorizing
  the business to acquire and possess prohib-
  ited weapons, prohibited devices, ammuni-                15
  tion or prohibited ammunition, as the case
  may be;

  (b) the person

    (i) ensures that the business holds a li-
    cence authorizing the business to acquire              20
    and possess prohibited weapons, prohib-
    ited  devices,  ammunition  or prohibited
    ammunition, as the case may be, and

    (ii) informs a chief firearms officer of the
    transfer and obtains the authorization of              25
    the chief firearms officer for the transfer;
    and

  (c) the prescribed conditions are complied
  with.

  24.  A person may transfer ammunition that               30
is not prohibited ammunition to an individual
only if the individual

  (a) holds

    (i) a licence authorizing  him or her to
    possess firearms, or                                   35

    (ii) a prescribed document; and

  (b)  complies  with  the  prescribed  condi-
  tions.

  25. (1) A person may transfer a firearm to
Her Majesty in right of Canada or a province               40
or to a police force if the person informs the
Registrar of the transfer and complies  with
the prescribed conditions.


16


  (2)  A  person  may  transfer  a  prohibited
weapon, restricted weapon, prohibited device,
ammunition or prohibited ammunition to Her
Majesty in right of Canada or a province or to
a police force if the person informs a chief               5
firearms officer of the transfer and complies
with the prescribed conditions.

  26.  On being informed of a proposed trans-
fer of a firearm, prohibited weapon, prohibit-
ed   device,   ammunition   or   prohibited                10
ammunition or of a proposed importation of a
firearm that is not a prohibited firearm by an
individual under paragraph 39(1)(c), a chief
firearms officer shall

  (a) verify                                               15

     (i)  whether the  transferee  or  individual
     holds a licence,

     (ii) whether the transferee or individual
     is still eligible to hold that licence, and

     (iii)  whether the  licence  authorizes  the          20
     transferee  or  individual  to  acquire  that
     kind of firearm or to acquire prohibited
     weapons,  prohibited  devices,  ammuni-
     tion  or  prohibited  ammunition,  as  the
     case may be;                                          25

  (b) in the case of

     (i) a proposed transfer of a restricted fire-
     arm  or a handgun  referred  to  in  para-
     graph  12(6)(a)  (pre-February  14,  1995
     handguns), or                                         30

     (ii) a proposed importation of a restricted
     firearm,

  verify the purpose for which the transferee
  or individual wishes to acquire the restrict-
  ed firearm  or  handgun  and  determine                 35
  whether the particular restricted firearm or
  handgun is appropriate for that purpose;

  (c) decide whether to approve the transfer
  or importation and inform the Registrar of
  that decision; and                                       40

  (d) take the prescribed measures.

  27. A chief firearms officer may approve
the transfer to an  individual  of a restricted
firearm or a handgun referred to in paragraph
12(6)(a) (pre-February 14, 1995 handguns) or               45
the importation by an individual of a restrict-


17


ed firearm under paragraph 39(1)(c) only if
the chief firearms officer is satisfied that the
purpose  for which  the  individual  wishes  to
acquire the restricted firearm or handgun is

  (a) to protect the life of that individual or of         5
  other individuals;

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

  (c)  for  use  in  target  practice,  or  a  target
  shooting  competition,   under  conditions               10
  specified in an authorization to transport or
  under the auspices of a shooting club or
  shooting range that is approved under sec-
  tion 28; or

  (d) to form part of a gun collection of the              15
  individual, in the case of an individual who
  satisfies the criteria described in section 29.

  28. (1) A provincial minister may approve
a shooting club or shooting range for the pur-
poses of paragraphs 18(1)(a) and 27(c) if                  20

  (a)  the  shooting  club  or  shooting  range
  complies with the regulations made under
  paragraph 110(e); and

  (b)  the  premises  of the  shooting  club  or
  shooting range are located in that province.             25

  (2) A provincial minister who approves a
shooting club or shooting range for the pur-
poses of paragraphs  18(1)(a) and 27(c)  may
revoke the approval for any good and suffi-
cient reason  including,  without  limiting  the           30
generality of the foregoing, where the shoot-
ing club or shooting range contravenes a reg-
ulation made under paragraph 110(e),

  (3) A chief firearms officer who is author-
ized in writing by a provincial minister may               35
perform such duties and functions of the pro-
vincial minister under this section as are spec-
ified in the authorization.

  29.  The  criteria  referred  to  in  paragraph
27(d) are that the individual                              40

  (a) has knowledge of the historical, techno-
  logical or scientific characteristics that re-
  late or distinguish the restricted firearms or
  handguns that he or she possesses;

  (b) has consented to the periodic inspec-                45
  tion, conducted in a reasonable manner, of


18


  the  premises  in  which  the restricted  fire-
  arms or handguns are to be kept; and

  (c) has complied with such other require-
  ments as are prescribed respecting knowl-
  edge,  secure  storage  and  the  keeping  of            5
  records in respect of restricted firearms or
  handguns.

  30.  (1) On being informed of a proposed
transfer of a firearm, the Registrar may

  (a) issue a new registration certificate for             10
  the firearm in accordance with this Act; and

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

  (2) On being informed of a transfer of a
firearm to Her Majesty in right of Canada or a             15
province  or to  a police  force,  the  Registrar
shall  revoke  any  registration  certificate  for
the firearm.

  31. A  person  may  transfer  a  firearm  by
mail only if                                               20

  (a)  the  verifications,  notifications,  issu-
  ances and authorizations referred to in sec-
  tions 20 to 27, 29, 30, 39 to 42 and 45 to 51
  take  place  within  a  reasonable  period
  before the transfer in the prescribed man-               25
  ner;

  (b) the firearm is delivered by a person des-
  ignated by a chief firearms officer and the
  person ensures  that the transferee holds a
  licence  authorizing  the  transferee  to  ac-           30
  quire that kind of firearm; and

  (c) the prescribed conditions are complied
  with.

            Authorized Lending

  32. (1) Subject to section 33, a person may
lend a firearm only if                                     35

  (a) the person

     (i) ensures that the borrower holds a li-
     cence authorizing the borrower to pos-
     sess that kind of firearm, and

     (ii) lends the borrower the registration              40
     certificate for the firearm; or


19


  (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.

  (2) A person to whom a firearm is lent in                5
accordance with subsection (1) may return it
to the person who lent it.

  33.  A person may lend a firearm, prohibit-
ed weapon, prohibited device, ammunition or
prohibited  ammunition  to  Her  Majesty  in               10
right of Canada or a province or to a police
force if

  (a) in the case of a firearm, the transferor
  lends the borrower the registration certifi-
  cate for the firearm; and                                15

  (b) the prescribed conditions are complied
  with.


AUTHORIZED EXPORTATION AND
       IMPORTATION


                  Individuals
  34.  (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 impor-           20
tation,

(a) the non-resident

  (i) is eighteen years old or older,

  (ii) declares the firearm to a customs of-
  ficer in the prescribed manner and, in the               25
  case  of a  declaration  in  writing,  com-
  pletes the prescribed form containing the
  prescribed information, and

  (iii)  in  the case of a  restricted  firearm,
  produces  an  authorization  to  transport               30
  the restricted firearm; and

 (b) a customs officer confirms in the pre-
 scribed manner the declaration referred to
 in subparagraph (a)(ii) and the authoriza-
 tion to transport referred to in subparagraph             35
 (a)(iii).

  (2) Where a firearm is declared at a cus-
toms  office to  a customs  officer but the re-
quirements  of  subparagraphs  (1)(a)(ii)  and
(iii) are not complied with, the customs of-               40
ficer may authorize the firearm to be exported
from that customs office or may detain the


20


firearm and give the non-resident a reasona-
ble time to comply with those requirements.

  (3) Where those requirements are not com-
plied with within a reasonable time and the
firearm is not exported, the firearm shall be              5
disposed of in the prescribed manner.

  35. (1)  A  declaration  that  is  confirmed
under paragraph 34(1)(b) has the same effect
after the importation of the firearm as a li-
cence authorizing the non-resident to possess              10
only that firearm and as a registration certifi-
cate for the firearm until the expiration of six-
ty days after the importation or, in the case of
a restricted firearm, until the earlier of

  (a) the expiration of those sixty days, and              15

  (b)  the  expiration  of the  authorization  to
  transport.

  (2) A chief firearms officer may renew the
confirmation of a declaration for one or more
periods of sixty days.                                     20

  36.  (1) A non-resident who does not hold a
licence may export a firearm that is not a pro-
hibited firearm and that was imported by the
non-resident in accordance with section 34 if,
at the time of the exportation,                            25

  (a) the non-resident

    (i) declares the firearm to a customs of-
    ficer, and

    (ii) produces to a customs officer in the
    prescribed  manner  the  declaration  and,             30
    where  applicable,  the  authorization  to
    transport that were confirmed in accord-
    ance with that section; and

  (b) a customs officer confirms the declara-
  tion referred to in subparagraph (a)(i) in the           35
  prescribed manner.

  (2) Where a firearm is declared to a cus-
toms officer but the requirements of subpara-
graph (1)(a)(ii) are not complied with, the
customs officer may detain the firearm and,                40
with the approval of a chief firearms officer,
give  the  non-resident  a  reasonable  time  to
comply with those requirements.

  (3) Where those requirements are not com-
plied with within a reasonable time, the fire-             45


21


arm  shall  be  disposed  of in  the  prescribed
manner.

  37. (1) An individual who holds a licence
may  export a firearm  if,  at the time of the
exportation,                                               5

  (a) the individual

    (i) declares the firearm to a customs of-
    ficer in the prescribed manner and, in the
    case  of a  declaration  in  writing,  com-
    pletes the prescribed form containing the              10
    prescribed information, and

    (ii) produces his or her licence and the
    registration  certificate  for  the  firearm
    and, in the case of a prohibited firearm or
    restricted  firearm,  an  authorization  to            15
    transport the firearm; and

  (b)  a customs  officer confirms  the docu-
  ments  referred  to  in subparagraphs  (a)(i)
  and (ii) in the prescribed manner.

  (2) Where a firearm is declared to a cus-                20
toms officer but the requirements of subpara-
graph  (1)(a)(ii) are not complied  with,  the
customs officer may detain the firearm.

  (3) A firearm that is detained under subsec-
tion (2) may be disposed of in the prescribed              25
manner.

  38. An  individual  may  export  a  replica
firearm if he or she declares the replica fire-
arm  to  a customs officer in  the  prescribed
manner.                                                    30

  39. (1) An individual who holds a licence
may  import a firearm  if, at the time of the
importation,

  (a) the individual declares the firearm to a
  customs officcr in the prescribed manner;                35

  (b) in the case of a firearm that was export-
  ed in accordance with section 37, the indi-
  vidual produces the declaration confirmed
  in accordance with that section and, in the
  case  of a  prohibited  firearm  or restricted           40
  firearm,  an  authorization  to  transport  the
  prohibited firearm or restricted firearm;

  (c)  in  the case of a  firearm  that  is  not  a
  prohibited firearm and for which a registra-
  tion certificate has not been issued,                    45


22


     (i)  the  individual  completes  the  pre-
     scribed  form  containing  the  prescribed
     information, if the declaration referred to
     in paragraph (a) is in writing,

     (ii) the individual holds a licence author-           5
     izing him or her to acquire and possess
     that kind of firearm,

     (iii)  a customs  officer  informs  a chief
     firearms officer of the  importation  and
     the chief firearms officer approves the               10
     importation  in  accordance  with  section
     26, and

     (iv) in the case of a restricted firearm, the
     individual  produces  an  authorization  to
     transport the restricted firearm; and                 15

  (d) a customs  officer confirms  the docu-
  ments referred to in paragraph (b) or (c) in
  the prescribed manner.

  (2) Where a firearm  is declared at a cus-
toms office to a customs officer but the re-               20
quirements of paragraph (1)(b) or (c) 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 individual a reasonable time to com-              25
ply with those requirements.

  (3) Where those requirements are not com-
plied with within  a reasonable time and the
firearm is not exported, the firearm shall be
disposed of in the prescribed manner.                      30

  (4) An individual who holds a licence may
import a prohibited firearm only if he or she
previously exported the prohibited firearm in
accordance with section 37.

  (5) Where a prohibited firearm is declared               35
at a customs office to a customs officer and
the prohibited firearm was not previously ex-
ported in accordance with section 37, the cus-
toms  officer  may  authorize  the  prohibited
firearm to be exported from that customs of-               40
fice.

  (6) Prohibited firearms that are not immedi-
ately exported under subsection  (5) are  for-
feited to Her Majesty in right of Canada and
shall be disposed of in the prescribed manner.             45


23


  40. A  declaration  that  is  confirmed  in
accordance with paragraph 39(1)(d) has the
same effect as a registration certificate for the
firearm for the period for which the confirma-
tion is expressed to be effective.                         5

  41. A  customs  officer  shall  inform  the
Registrar without delay of the exportation or
importation of a firearm by an individual.


                 Businesses

  42. A business may export or import a fire-
arm,  prohibited  weapon,  restricted  weapon,             10
prohibited  device,  component  or  part  de-
signed exclusively for use in the manufacture
of or assembly into an automatic firearm or
prohibited  ammunition  only  if the  business
holds an authorization to export or an authori-            15
zation to import.

  43. An authorization to export  goods de-
scribed in section 42 may be issued to a busi-
ness only if the business that applies for such
an authorization                                           20

  (a) in the case of a firearm, holds the regis-
  tration certificate for the firearm;

  (b) in the case of a prohibited firearm, pro-
  hibited weapon, prohibited device, compo-
  nent or part designed exclusively for use in             25
  the manufacture of or assembly into an au-
  tomatic firearm or prohibited ammunition,
  identifies  it in  the  prescribed manner and
  specifies the prescribed purpose for the ex-
  portation;                                               30

  (c) holds a licence authorizing it to possess
  those goods;

  (d) indicates the destination of those goods;
  and

  (e)  provides  the  Registrar  with  the  pre-           35
  scribed information and any other informa-
  tion required by the Registrar.

  44. (1) A business that holds an authoriza-
tion to export goods described in section 42
must produce the authorization to a customs                40
officer at the time of the exportation.

  (2) A customs officer may confirm an au-
thorization to export.


24


  (3) Where an authorization to export is not
confirmed,  a  customs  officer  may  detain
goods described in section 42.

  (4) A good that is detained under subsec-
tion (3) may be disposed of in the prescribed              5
manner.

  45. An authorization to import goods de-
scribed in section 42 may be issued to a busi-
ness only if the business that applies for such
an authorization                                           10

  (a) holds a licence authorizing it to acquire
  and possess those goods;

  (b) identifies those goods in the prescribed
  manner;

  (c) in the case of either a firearm that is not          15
  a prohibited firearm or a restricted weapon,
  specifies the purpose for the importation;

  (d) in the case of a prohibited firearm, pro-
  hibited weapon, prohibited device, compo-
  nent or part designed exclusively for use in             20
  the manufacture of or assembly into an au-
  tomatic firearm or prohibited ammunition,
  specifies the prescribed purpose for the im-
  portation;

  (e) indicates the destination in Canada of               25
  those goods; and

  (f)  provides  the  Registrar  with  the  pre-
  scribed information and any other informa-
  tion required by the Registrar.

  46. (1) A business that holds an authoriza-              30
tion to import goods described in section 42
must produce the authorization at a customs
office to a customs officer at the time of the
importation.

  (2) A customs officer may confirm an au-                 35
thorization to import.

  (3) Where an authorization to import is not
confirmed, a customs officer may authorize
goods described in section 42 to be exported
from that customs office, in which case the                40
goods may be exported without any other au-
thorization.

  (4) Goods that are not exported under sub-
section (3) within ten days are forfeited to Her


25


Majesty in right of Canada and shall be dis-
posed of in the prescribed manner.

  47.  An  authorization  to  import a  firearm
that is confirmed in accordance with subsec-
tion 46(2) has the same effect as a registration           5
certificate for the firearm  for the period  for
which the confirmation is expressed to be ef-
fective.

  48.  Each  exportation  or  importation  of
goods described in section 42 requires a sepa-             10
rate authorization to export or authorization
to import.

  49.  A  customs  officer  shall  inform  the
Registrar without delay of the exportation or
importation of goods described in section 42               15
by a business.

  50. The Registrar shall inform the member
of the Queen's Privy Council for Canada who
is designated by the Governor in Council as
the Minister for the purposes of the Export                20
and Import Permits Act of every application
by a business for an authorization to export or
authorization to import.

  51. No  business  shall  export  or  import
goods described in section 42 except at a cus-             25
toms office designated for that purpose by the
Minister of National Revenue.


LICENCES, REGISTRATION CERTIFICATES AND
          AUTHORIZATIONS

               Applications
  52. (1) A licence, registration certificate or
authorization may be issued only on applica-
tion made in the prescribed form containing                30
the prescribed information and accompanied
by payment of the prescribed fees.

  (2) An  application  for a  licence,  registra-
tion certificate or authorization must be made
to                                                         35

(a) a chief firearms officer, in the case of a
licence, an authorization to carry or an au-
thorization to transport; or

(b) the Registrar, in the case of a registra-
tion certificate, an authorization to export               40
or an authorization to import.


26


  (3) An individual who, on the commence-
ment day,  possesses  one  or  more  restricted
firearms or one or more handguns referred to
in paragraph 12(6)(a) (pre-February 14, 1995
handguns)  must specify,  in  any  application             5
for  a  licence  authorizing  the  individual  to
possess restricted firearms or handguns that
are so referred to,

  (a) for which purpose described in section
  27 the individual wishes to continue to pos-             10
  sess  restricted  firearms  or  handguns  that
  are so referred to; and

  (b) for which of those firearms was a regis-
  tration certificate under the former Act is-
  sued  because  they  were  relics,  were  of             15
  value as a curiosity or rarity or were valued
  as a memento, remembrance or souvenir.

  53.  (1) A chief firearms officer or the Reg-
istrar may require an applicant for a licence or
authorization to submit such information, in               20
addition to that included in the application, as
may reasonably be regarded as relevant for
the purpose of determining whether the appli-
cant is eligible to hold the licence or authori-
zation .                                                   25

  (2) Without restricting the scope of the in-
quiries that may be made with respect to an
application for a licence, a chief firearms of-
ficer may conduct an investigation of the ap-
plicant, which may consist of interviews with              30
neighbours, community workers, social work-
ers,  individuals who  work  or live  with the
applicant, spouse, former spouse, dependants
or whomever in the opinion of the chief fire-
arms officer may provide information pertain-              35
ing to whether the applicant is eligible under
section 5 to hold a licence.


               Issuance

  54. (1) A chief firearms officer may issue
licences.

  (2) Only one licence may be issued to any                40
one individual.

  (3) A business other than a carrier requires
a separate licence for each place  where the
business is carried on.


27


  55. A chief firearms officer may issue au-
thorizations  to  carry  and  authorizations  to
transport.

  56.  (1) A chief firearms officer who issues
a licence, an authorization to carry or an au-             5
thorization  to transport may  attach any  rea-
sonable condition to it that the chief firearms
officer  considers  desirable  in  the  particular
circumstances and in the interests of the safe-
ty of the holder or any other person.                      10

  (2) Before attaching a condition to a licence
that is to be issued to an individual who is less
than eighteen years old and who is not eligi-
ble to hold a licence under subsection  8(2)
(minors hunting as a way of life), a chief fire-           15
arms  officer  must  consult  with  a  parent  or
person who has custody of the individual.

  (3) Before issuing a licence to an individual
who is less than eighteen years old and who is
not eligible to hold a licence under subsection            20
8(2) (minors hunting as a way of life), a chief
firearms officer shall ensure that a parent or
person who has custody of the individual is
aware  of and  agrees  to  any  conditions  at-
tached to it.                                              25

  57.  An individual who holds an authoriza-
tion to carry or authorization to transport need
not  be the person  to  whom  the registration
certificate  for the  particular prohibited  fire-
arm or restricted firearm was issued.                      30

  58. The Registrar may

  (a)  issue  registration  certificates  for  fire-
  arms  and  assign  firearms  identification
  numbers to firearms; and

  (b) issue authorizations to export and au-               35
  thorizations to import.

  59. (1) A licence or registration certificate
must be in the prescribed form and include
the prescribed information and any conditions
attached to it.                                            40

  (2) An authorization to carry, authorization
to transport, authorization to export or author-
ization  to  import  may  be  in  the  prescribed
form and include the prescribed information,
including any conditions attached to it.                   45


28 


  (3) An authorization to carry or authoriza-
tion to transport may take the form of a condi-
tion attached to a licence.

  (4) A licence that is issued to a business
must specify each particular activity that the             5
licence  authorizes  in  relation  to  prohibited
firearms, restricted firearms, firearms that are
neither prohibited firearms nor restricted fire-
arms,  cross-bows,  prohibited  weapons,  re-
stricted    weapons,    prohibited    devices,             10
ammunition or prohibited ammunition.

  60.  Licences,  registration  certificates,  au-
thorizations to carry, authorizations to trans-
port,    authorizations    to    export    and
authorizations to import are not transferable.             15

  61. (1) Subject to subsection (2), licences,
registration   certificates,   authorizations   to
transport, authorizations to export and autho-
rizations  to  import  are  valid  throughout
Canada.                                                    20

  (2) A licence that is issued to carrier, other
than a carrier described in section 71, is not
valid outside the province in which it is is-
sued.

  (3)  Authorizations  to  carry  are  not  valid          25
outside the province in which they are issued.

                    Term

  62. (1) A licence that is issued to an indi-
vidual who is eighteen years old or older ex-
pires on the earlier of

  (a) five years after the birthday of the hold-           30
  er next following  the day on which  it is
  issued, and

  (b) the expiration of the period for which it
  is expressed to be issued.

  (2) A licence that is issued to an individual            35
who is less than eighteen years old expires on
the earlier of

  (a) the day on which the holder attains the
  age of eighteen years, and

  (b) the expiration of the period for which it            40
  is expressed to be issued.

  (3) A  licence that is issued to a business
expires on the earlier of


29


  (a) one year after the day on  which  it  is
  issued, and

  (b) the expiration of the period for which it
  is expressed to be issued.

  63. (1) Subject to subsections (2) to (4), an            5
authorization expires on the expiration of the
period for which it is expressed to be issued.

  (2) Subject to subsection (3), an authoriza-
tion to transport that takes the form of a con-
dition  attached to a  licence expires  on  the            10
earlier of

  (a) the expiration of the period for which
  the condition is expressed to be attached,
  and

  (b) the expiration of the licence.                       15

  (3) An authorization to transport a restrict-
ed firearm or a handgun referred to in para-
graph    12(6)(a)   (pre-February   14,   1995
handguns) for use in target practice, or a tar-
get  shooting  competition,  under  specified              20
conditions or under the auspices of a shooting
club or shooting range that is approved under
section 28 expires

  (a) in the case of an authorization to trans-
  port that takes the form of a condition at-              25
  tached to a licence, on the earlier of

     (i) the expiration of the period for which
     the condition is expressed to be attached,
     which period may not be less than one
     year or more than three years, and                    30

     (ii) the expiration of the licence; and

  (b) in the case of an authorization to trans-
  port that does not take the form of a condi-
  tion attached to a licence, on the expiration
  of the period for which the authorization is             35
  expressed to be issued, which period may
  not be less than one year or more than three
  years.

  (4) An authorization to carry expires

  (a) in the case of an authorization to carry             40
  that takes the form of a condition attached
  to a licence, on the earlier of

     (i) the expiration of the period for which
     the condition is expressed to be attached,
     which period may not be more than two                 45
     years, and


30


     (ii) the expiration of the licence; and

 (b) in the case of an authorization to carry
 that does not take the form of a condition
 attached to a licence, on the expiration of
 the  period  for  which  the  authorization  is           5
 expressed to be issued, which period may
 not be more than two years.

 64.  A registration certificate for a firearm
expires where

 (a) the holder of the registration certificate            10
 ceases to be the owner of the firearm; or

 (b) the firearm ceases to be a firearm.

 65. (1) A chief firearms officer may renew
a licence, authorization to carry or authoriza-
tion to transport in the same manner and in                15
the same circumstances in which a licence,
authorization  to  carry  or  authorization  to
transport may be issued.

 (2) On renewing a licence authorizing an
individual  to  possess  restricted  firearms  or          20
handguns referred to in paragraph 12(6)(a)
pre-February  14,  1995  handguns),  a chief
firearms officer shall decide whether any of
those firearms or handguns that the individual
possesses are being used for                                25

  (a) the purpose described in section 27 for
  which the individual acquired the restricted
  firearms or handguns; or

  (b) in the case of any of those firearms or
  handguns that were possessed by the indi-                30
  vidual on the commencement day, the pur-
  pose  described  in  that  section  that  was
  specified by the individual in the licence
  application.

  (3)  A  chief firearms  officer who  decides             35
that any restricted  firearms or any handguns
referred to in paragraph 12(6)(a) (pre-Februa-
ry 14, 1995 handguns) that are possessed by
an individual are not being used for that pur-
pose shall                                                 40

  (a) give notice of that decision in the pre-
  scribed form to the individual; and

  (b) inform the Registrar of that decision.

  (4) Subsections (2) and (3) do not apply to
a firearm                                                  45



31



  (a) that is a relic, is of value as a curiosity
  or rarity or is valued as a memento, remem-
  brance or souvenir;

  (b) that was specified in the licence appli-
  cation as being a firearm for which a regis-             5
  tration certificate under the former Act was
  issued because the firearm was a relic, was
  of value as a curiosity or rarity or was val-
  ued as a memento, remembrance or souve-
  nir;                                                     10

  (c) for which a registration certificate under
  the former Act was issued because the fire-
  arm was a relic, was of value as a curiosity
  or rarity or was valued as a memento, re-
  membrance or souvenir; and                               15

  (d) in respect of which an individual, on the
  commencement day, held a registration cer-
  tificate under the former Act.

  (5) A notice given under paragraph (3)(a)
must include the reasons for the decision and              20
be accompanied by a copy of sections 72 to
79.

      Refusal to Issue and Revocation

  66.  A chief firearms officer shall refuse to
issue a licence if the applicant is not eligible
to hold one and may refuse to issue an author-             25
ization to carry or authorization to transport
for any good and sufficient reason.

  67. The Registrar may refuse to issue a re-
gistration certificate,  authorization  to export
or authorization to import for any good and                30
sufficient reason including, in the case of an
application   for   a   registration   certificate,
where the applicant is not eligible to hold a
registration certificate.

  68.  (1) A chief firearms officer who issues             35
a licence, authorization to carry or authoriza-
tion to transport may revoke it for any good
and sufficient reason including, without limit-
ing the generality of the foregoing,

  (a) where the holder of the licence or au-               40
  thorization

    (i) is no longer or never was eligible to
    hold the licence or authorization,

    (ii)  contravenes  any  condition  attached
    to the licence or authorization, or                    45


32


    (iii)  has  been  convicted  or discharged
    under section 736 of the Crimlnal Code
    of an  offence  referred  to  in  paragraph
    5(2)(a); or

 (b) where, in the case of a business, a per-              5
 son who stands in a prescribed relationship
 to the business has been convicted or dis-
 charged under section 736 of the Criminal
 Code of any such offence.

 (2) The Registrar may revoke an authoriza-                10
tion to export or authorization to import for
any good and sufficient reason.

 69.  The Registrar

 (a) may revoke a registration certificate for
 any good and sufficient reason; and                       15

 (b) shall revoke a registration certificate for
 a firearm held by an individual where the
 Registrar is informed  by a chief firearms
 officer under section 65 that the firearm is
 not being used for                                        20

    (i) the purpose for which the individual
    acquired it, or

    (ii) in the case of a firearm possessed by
    the  individual  on  the  commencement
    day, the purpose specified by the individ-             25
    ual in the licence application.

 70. (1) Where a chief firearms officer de-
cides to refuse to issue or to revoke a licence
or authorization to transport or the Registrar
decides to refuse to issue or to revoke a regis-           30
ration certificate, authorization  to export or
authorization to import, the chief firearms of-
ficer or Registrar shall give notice of the deci-
sion in the prescribed form to the applicant
for or holder of the licence, registration certif-         35
icate or authorization.

  (2)  A  notice  given  under  subsection  (1)
must include the reasons for the decision and
be accompanied by a copy of sections 72 to    
79.                                                        40

International and Interprovincial Carriers

 71. Sections 52 to 70 apply in respect of a
carrier whose business includes the transpor-
tation  of  firearms,  prohibited  weapons,  re-
stricted   weapons,   prohibited   devices   or


33


prohibited ammunition from one province to
any other province, or beyond the limits of a
province, as if each reference in those sec-
ions to a chief firearms officer were a refer-
ence to the Registrar.                                     5

  References to Provincial Court Judge

 72.  (1) Subject to subsection (2), where

 (a) a chief firearms officer or the Registrar
 refuses to issue or revokes a licence, regis-
 tration  certificate,  authorization  to  trans-
 port,    authorization    to    export    or               10
 authorization to import, or

 (b) a chief firearms officer decides under
 section 65 that a firearm possessed by an
 individual who holds a licence is not being
 used for                                                   15

   (i) the purpose for which the individual
    acquired the firearm, or

   (ii) in the case of a firearm possessed by
   an individual on the commencement day,
   the purpose specified by the individual in              20
   the licence application,

the applicant for or holder of the licence, re-
gistration certificate or authorization may re-
fer the matter to a provincial court judge in
the territorial division in which the applicant            25
or holder resides.

  (2) An applicant or holder may only refer a
matter to a provincial court judge under sub-
section (1) within thirty days after receiving
notice of the decision of the chief firearms               30
officer or Registrar under section 65 or 70 or
within such further time as is allowed by a
provincial court judge, whether before or af-
ter the expiration of those thirty days.

  73. (1) On receipt of a reference under sec-             35
tion 72, the provincial court judge shall fix a
date for the hearing of the reference and direct
that notice of the hearing be given to the chief
firearms officer or Registrar and to the appli-
cant for or holder of the licence, registration            40
certificate or authorization, in such manner as
the provincial court judge may specify.

   (2) At the hearing of the reference, the pro-
vincial court judge shall hear all relevant evi-
dence presented by or on behalf of the chief               45


34


firearms offcer or Registrar and the applicant
or holder.

   (3) At the hearing of the reference, the bur-
den of proof is on the applicant or holder to
satisfy the provincial court judge that the re-            5
fusal  to  issue  or  revocation  of  the  licence,
registration certificate or authorization or the
decision was not justified.

  (4) A provincial court judge may proceed
ex parte to hear and determine a reference in              10
the absence of the applicant or holder in the
same circumstances as those in which a sum-
mary conviction court may, under Part XXVII
of the Criminal Code, proceed with a trial in
the absence of the defendant.                              15

  74.  On the hearing of a reference, the pro-
vincial court judge may, by order,

  (a) confirm the decision of the chief fire-
  arms officer or Registrar;

  (b) direct the chief firearms officer or Reg-            20
  istrar to issue a licence, registration certifi-
  cate or authorization ; or

  (c) cancel the revocation of the licence, re-
  gistration certificate or authorization or the
  decision of the chief firearms officer under             25
  section 65.


   Appeals to Superior Court and Court of
                Appeal

  75. (1) Subject to section 76, where a pro-
vincial court judge makes an order under par-
agraph 74(a),  the applicant for or holder of
the licence, registration certificate or authori-          30
zation, as the case may be, may appeal to the
superior court against the order.

  (2) Subject to section 76, where a provin-
cial court judge makes an order under para-
graph 74(b) or (c),                                        35

  (a) the Attorney  General  of Canada may
  appeal to the superior court against the or-
  der, if the order is directed to the Registrar
  or to a chief firearms officer who was des-
  ignated by the federal Minister; or                      40

  (b)  the  attorney  general  of the  province
  may appeal to the superior court against the
  order, if the order is directed to a chief fire-


35


  arms officer who was not designated by the
  federal Minister.

76. (1) An appellant who proposes to ap-
peal  an order made under scction 74 to the
superior court must give notice of appeal not              5
later than thirty days after the order is made.

  (2) The superior court may, either before or
after the expiration of those thirty days, ex-
tend the time within which notice of appeal
may be given.                                              10

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

  (4) A copy  of any  notice of appeal  filed
with the superior court under subsection (1)               15
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  four-
teen days further time is allowed by the supe-             20
rior court, on

  (a) the Attorney General of Canada, in the
  case of an appeal of an order made under
  paragraph  74(a) confirming a decision of
  the  Registrar  or  a  chief  firearms  officer          25
  who was designated by the federal Minis-
  ter;

  (b) the attorney general of the province, in
  the case of an appeal against any other or-
  der made under paragraph 74(a);                          30

  (c)  the applicant  for or holder of the  li-
  cence, registration certificate or authoriza-
  tion,  in the case of an  appeal  against an
  order made under paragraph 74(b) or (c);
  and                                                      35

  (d) any other person specified by the supe-
  rior court,

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

  (a) dismiss the appeal; or                               4O

  (b) allow the appeal and, in the case of an
  appeal against an order made under para-
  graph 74(a),

     (i)  direct  the  chief  firearms  officer  or
     Registrar to issue a licence, registration            45
     certiflcate or authorization, or


36


    (ii) cancel the revocation of the licence,
    registration  certificate  or  authorization
    or the decision of the chief firearms of-
    ficer under section 65.

  (2) A superior court shall dispose of an ap-             5
peal against an order made under paragraph
74(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.                                                 10

  78.  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 superi-
or court under section 77 on any ground that
involves a question of law alone.                          15

  79.  Part XXVII of the Criminal Code, ex-
cept 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 cir-
cumstances require and as if each reference in             20
that Part to the appeal court were a reference
to the superior court.

CANADIAN FIREARMS REGISTRATION SYSTEM

          Registrar of Firearms
  80. The Commissioner of the Royal Cana-
dian  Mounted  Police shall,  after consulting
with  the  federal  Minister  and  the  Solicitor          25
General of Canada, appoint an individual as
the Registrar of Firearms.


         Records of the Registrar
 81.  (1) The  Registrar shall  establish and
maintain a registry, to be known as the Cana-
dian Firearms Registry, in which shall be kept a           3O
record of

 (a)  every  licence,  registration  certificate
 and authorization that is issued or revoked
 by the Registrar;

 (b) every application for a licence, registra-             35
 tion certificate or authorization that is re-
 fused by the Registrar;

 (c) every transfer of a firearm of which the
 Registrar is  informed under section  25  or
 26;                                                        40


37


 (d) every exportation from or importation
 into Canada of a firearm of which the Reg-
 istrar is informed under section 41 or 49;

  (e) every loss, finding, theft or destruction
  of a firearm of which the Registrar is in-               5
  formed under section 86; and

  (f) such other matters as may be prescribed.

  (2) The Registrar is responsible for the day-
to-day operation of the Canadian Firearms 
registry.                                                  10

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

  83. (1) The Registrar shall establish and                15
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,                                  20

  (i) peace officers,

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

     (A) a police force, or                                25

     (B) a police academy or similar insti-
     tution designated by the federal Minis-
     ter  or  the  lieutenant  governor  in
     council of a province,

  (iii) persons or members of a Class of                   30
  persons employed in the public service
  of Canada or  by  the  government  of a
  province or municipality  who are  pre-
  scribed by the regulations made by the
  Governor in Council under Part III of the                35
  Criminal Code to be public officers, and

  (iv) chief firearms officers and firearms
  officers; and

 (b) firearms acquired or possessed by indi-
 viduals on behalf of, and under the authori-               40
 ty of, a police force or a department of the
 Government of Canada or of a province.


38


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

 (3) The Registrar may destroy any record                   5
referred to in subsection (1) at such times and
such circumstances as may be prescribed.

 84. The records kept in the registry main-
tained pursuant to section  114 of the former
Act that relate to registration certificates shall         10
be transferred to the Registrar.  


  Records of Chief Firearms Officers
 85. (1) A chief firearms officer shall keep
a record of  

 (a) every licence and authorization that is
 issued or revoked by the chief firearms of-                15
 ficer;

 (b) every  application  for a  licence  or au-
 thorization that is refused by the chief fire-
 arms officer;

 (c)  every  prohibition  order of which  the               20
 chief  firearms  officer  is  informed  under
 section 87; and

 (d) such  other matters  as  may  be pre-
 scribed.

 (2) A chief firearms  officer may destroy                  25
any  record  referred to in subsection ( 1 ) a
such times and in such circumstances as may
be prescribed.

 86.  A chief firearms officer to whom the
loss, finding, theft or destruction of a firearm           30
is reported shall have the Registrar informed 
without delay of the loss, finding, theft or de-
struction.    


    Reporting of Prohibition Orders 
 87. Every  court,  judge  or  justice  that
makes, varies or revokes a prohibition order               35
shall have a chief firearms officer informed
without delay of the prohibition order or its 
variation or revocation.

           Access to Records
 88. The Registrar has a right of access to
records kept by a chief firearms officer under             40
Section 85 and a chief firearms officer has a


39


right of access to records kept by the Regis-
trar under section 81 or 83 and to records kept
by other chief firearms officers under section

            Electronic Filing
 89. (1) Subject to the regulations, notices                5
and documents that are sent to or issued by  a
Registrar pursuant to this or any other Act 
of Parliament may be sent or issued in elec-
tronic or other form in any manner specified 
by the Registrar.                                          10

 (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 sub-
section (1) is deemed to have been received at 
the time and date provided by the regulations.             15

 90. (1) Records required by section 81 or
83 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                20
  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.                     25

 (2) Subject to the regulations, a document
of 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               30
mechanical or electronic data processing, that  
is capable of reproducing stored documents or  
formation in intelligible written or printed   
form within a reasonable time.

 (3) Where the Registrar maintains a record                35
of a document otherwise than in written or  
printed form, an extract from that record that  
is certified by the Registrar has the same pro-  
bative value as the document would have had   
had it been proved in the ordinary way.                    40

              Reports
 91. (1) The Registrar shall, as soon as pos-
sible after the end of each calendar year and at
such other times as the Solicitor General of


40


Canada may, in writing, request, submit to the
Solicitor General a report, in such form and
including  such  information  as  the  Solicitor
General may direct, with regard to the admin-
istration of this Act.                                     5

  (2) The Solicitor General of Canada shall
have each report laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after the Solicitor
General receives it.                                       10

  92. A chief firearms  officer shall  submit
the prescribed information with regard to the
administration of this Act at the prescribed
time and in the prescribed form for the pur-
pose of enabling the Registrar to compile the              15
reports referred to in section 91.


GENERAL

         Agreements With Provinces
  93. The federal Minister may, with the ap-
proval of the Governor in Council, enter into
agreements with the governments of the prov-
inces                                                      20

 (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 autho-             25
rizations and applications for licences, re-
gistration  certificates  and  authorizations
and the operation of the Canadian Firearms
Registration System; and

 (b) notwithstanding subsections  17(1) and                 30
(4) of the Financial Administration Act, au-
thorizing the governments of the provinces
to withhold those costs, in accordance with
the terms and conditions of the agreement,
from fees under paragraph 110(p) collected                 35
or received by the governments of the prov-
inces.


              Other Matters
  94. The issuance of a licence, registration
certificate  or  authorization  under  this  Act
does not affect the obligation of any person to            40
comply with any other Act of Parliament or
any regulation made under an Act of Parlia-
ment respecting firearms or other weapons.


41


  95. (1) Subject to subsection (2), a provin-
cial minister may exempt, for any period not
exceeding  one  year,  the  employees  of  any
business  from  the  application  in  that  prov- 
ince, in respect of any thing done by the em-              5
ployees in the course of or for the purpose of   
their duties or employment, of any provision    
of this Act or the regulations or Part III of the
Criminal Code.

  (2) Subsection (1) does not apply where it               10
is not desirable, in the interests of the safety
of any person, that the employees of the busi-
ness be so exempted.

  (3) A provincial minister may attach to an
exemption any reasonable condition that the                15
provincial minister considers desirable in the
particular circumstances and in the interests
of the safety of any person.


             DELEGATION
  96. (1) Subject to subsection (2), a fire-
arms officer who is designated in writing by a             20
chief firearms officer may perform such du-
ties and functions of the chief firearms officer
under  this  Act  or  Part  III  of the  Criminal
Code as are specified in the designation.

  (2) A licence that is issued to a business               25
and an authorizatton to carry must be issued
by a chief firearms officer personally.

  97. A person who is designated in writing
by the Registrar for the purpose of this section
may perform such duties and functions of the 30
Registrar  under  this  Act  or  Part  III  of the
Criminal Code as are specified in the designa-
tion.

               INSPECTION
  98. In sections 99 to 101, "police officer"
includes, in respect of a province, a member               35
of a  class  of individuals  designated  by  the
provincial minister.

  99. (1) Subject to section 101, for the pur-
pose of ensuring compliance with this Act and
the regulations of Part III of the Criminal                40
Code, a police officer may at any reasonable
time enter and inspect any place in which the
police officer believes on reasonable grounds
there is a firearm, prohibited weapon, restrict-


42


ed weapon, prohibited device, ammunition or
prohibited ammunition or a record in relation 
to any of those things and may       

  (a) open any container that the officer be- 
  lieves  on  reasonable  grounds  contains  a              5
  firearm or other thing in respect of which
  this Act or the regulations or Part III of the
  Criminal Code applies;

  (b) examine any firearm and examine any
  other thing that the officer finds and take               10
  samples of it;

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

  (d) require any person to produce for exam-
  ination or copying any records, books of                   15
  account or other documents that the officer
  believes on reasonable grounds contain in-
  formation  that  is  relevant  to  the  enforce-
  ment of this Act or the regulations of Part
  III of the Criminal Code.                                  20

  (2) In carrying out an inspection of a place
under subsection ( 1 ), a police officer 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               25
  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 re-
  move the print-out or other output for ex-               30
  amination or copying; and

  (c) use or cause to be used any copying
  equipment at the place to make copies of
  any record, book, account or other docu-
  ment.                                                    35


  (3) A police  officer who  takes a sample
under paragraph (1)(b) may dispose of it in
any manner that he or she considers appropri-
ate.

  (4) In carrying out an inspection of a place             40
under subsection ( 1 ), a police officer may not
use force.


43


 100. The owner or person in charge of a
place that is inspected by a police officer 
under section 99 and every person found in
the place shall           

 (a)  give the police officer all reasonable               5
 assistance to enable him or her to carry out
 the inspection and exercise any power con- 
 ferred by section 99; and                 

 (b) provide the police officer with any in-
 formation  relevant  to  the  enforcement  of             10
 this Act or the regulations or Part III of the
 Criminal Code that he or she may reasona-
 bly require.

 101. (1) A police officer may not enter a
dwelling-house except with the consent of the              15
occupant or under a warrant.     

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

 (a) that the conditions for entry described  
 in section 99 exist in relation to a dwelling-            20
 house,
                              
 (b) that entry to the dwelling-house is nec-
 essary  for any purpose relating to the en-
 forcement of this Act or the regulations or
 Part III of the Crimlnal Code, and                        25

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

may  issue  a  warrant  authorizing  the  police           30
officer  named  in  it  to  enter that  dwelling-
house subject to any conditions that may be
specifed in the warrant.


               OFFENCES
  102. (1) Every person commits an offence
who, for the purpose of procuring a licence,               35
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 dis-
cIose any information that is relevant to the              40
application for the licence, registration certif-
icate or authorization.


44


 (2) Every person commits an offence who,
for the purpose of procuring the confirmation 
by a customs offtcer of a document under this 
act for that person or any other person, know- 
ingly makes a statement orally or in writing               5
that is false or misleading or knowingly fails  
to disclose any information that is relevant to 
the document.

 (3) In  this section, "statement"  means an
assertion of fact, opinion, belief or knowl-               10
edge, whether material or not and whether ad-
missible or not.

  103. Every  person  commits  an  offence
who,  without  lawful  excuse  the  proof  of
which lies on the person, alters, defaces or               15
falsifies

  (a) a licence, registration certificate or au-
  thorization; or

  (b) a confirmation by a customs officer of a
  document under this Act.                                 20

  104.  Every  business  commits  an  offence
that possesses ammunition,  unless the busi-
ness holds a licence under which it may pos-
sess ammunition.

  105. Every  person  who  commits  an  Of-                25
fence under section  102,  103 or  104 or who
contravenes  a  regulation  made  under  para-
graph  11O(d), (e), (f) , (g), (i), (j), (l), (m)  or
(n) the contravention of which has been made
an offence under paragraph 110(o)                          30

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

  (b) is  guilty  of an offence  punishable on
  summary conviction.                                      35

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

  107. Every  person  who  commits  an  of-                40
fence under section 106 or who does not com-
ply with section 100

  (a)  is  guilty  of an  indictable offence and
  liable to imprisonment for a term not ex-
  ceeding two years; or                                    45


45


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

  108.  Every person who, being the holder of
a licence, registration certificate or authoriza-
tion that is revoked, does not deliver it up to a          5
peace officer or firearms officer without delay
after  the  revocation  is  guilty  of an  offence
punishable on summary conviction.

  109. Any proceedings in respect of an of-
fence under this Act may be commenced at                   10
the instance of the Government of Canada and
conducted by or on behalf of that government.


            REGULATIONS
  110. The Governor in Council may make
regulations

 (a) respecting the issuance of licences, re-             15
 gistration  certificates  and  authorizations,
 including  regulations  respecting  the  pur-
 poses for which they may be issued under
 any provision of this Act and prescribing
 the circumstances in which persons are or                 20
 are not eligible to hold licences;

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

 (c) prescribing the circumstances in which
 an individual does or does not need to pos-                25
 sess 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;                         30

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

 (e) respecting

   (i)  the  establishment  and  operation  of
   shooting clubs and shooting ranges,                      35

   (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                  40
   records in relation to shooting clubs and
   shooting ranges and  members of those
   clubs and ranges;


46


 (f) respecting the establishment and main-
 tenance of gun collections and the acquisi-
 tion and disposal or disposition of firearms
 that form part or are to form part of a gun
 collection;
 
 (g) respecting the operation of gun shows,
 the activities that may be carried on at gun
 shows and the possession and use of fire-
 arms at gun shows;
 
 (h) respecting the storage, handling, trans-               10
 portation,  shipping,  display,  advertising
 and mail-order sale of firearms and restrict-
 ed  weapons  and  defining  the  expression
 "mail-order sale"  for the purposes  of this
 Act;                                                       15
 
 (i) respecting the storage, handling, trans-
 portation,  shipping,  possession  for a pre-
 scribed  purpose,  transfer,  exportation  or
 importation of

   (i) prohibited firearms, prohibited weap-                20
   ons,  restricted  weapons,  prohibited  de-
   vices and prohibited ammunition, or
 
   (ii)  components  or  parts  of  prohibited
   frearms, prohibited weapons, restricted
   weapons, prohibited devices and prohib-                  25
   ited ammunition ;

 (j) respecting the possession and use of re-
 stricted weapons;

 (k) for authorizing

   (i) the possession at any place,                         30

   (ii) the manufacture or transfer, whether
   or not for consideration, or offer to man-
   ufacture or transfer,  whether or not for
   consideration, or

   (iii) the importation or exportation                     35

 of firearms, prohibited weapons, restricted
 weapons, prohibited devices, ammunition,
 prohibited  ammunition  and  components
 and parts designed exclusively for use in
 the manufacture of or assembly into auto-                  40
 matic firearms;

 (l) respecting the storage, handling, trans-
 portation,  shipping,   acquisition,  posses-
 sion, transfer, exportation, importation, use
 and disposal or disposition of firearms, pro-              45
 hibited  weapons,  restricted  weapons,  pro-


47


 hibited 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,                                      5

     (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                  10
     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 public service                 15
     of Canada or by the government of a
     province or municipality who are pre-
     scribed by the regulations made by the
     Governor in Council under Part III of
     the  Criminal  Code  to  be  public  of-               20
     ficers, and

     (D)  chief firearms  officers  and  fire-
     arms officers, and

   (ii)  by  individuals  on  behalf  of,  and
   under the authority of, a police force or a              25
   department of the Government of Canada
   or of a province;

 (m) respecting the keeping and destruction
 of records in relation to firearms, prohibit-
 ed weapons, restricted weapons, prohibited                 30
 devices and prohibited ammunition;
 
 (n) respecting the keeping and destruction
 of records by businesses in relation to am-
 munition;
 
 (o) creating offences consisting of contra-                35
 ventions of the regulations made under par-
 agraph (d), (e), (f), (g), (i), (j), (i), (m) or
 (n):  
  
 (p) prescribing the fees that are to be paid
 to  Her Majesty  in  right  of Canada  for                 40
 licences,  registration  certifcates,  authori-
 zations, approvals of transfers and importa-
 tions  of  firearms  and  confirmations  by
 customs officers of documents under this
 Act;                                                       45



48


 (q)  waiving or reducing  the  fees  payable
 under paragraph (p) in such circumstances
 as may be specified in the regulations;
 
 (r) respecting the operation of the Canadian
 Firearms Registry;                                          5

 (s) respecting  the  sending  or  issuance  of
 notices and documents in electronic or oth-
 er form, including

   (i) the notices and documents that may
   be sent or issued in electronic or other                 10
   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 au-                 15
   thorization in a manner that pursuant to
   the regulations is to have the same effect
   for the purposes of this Act as their sig-
   nature, and

   (iv)  the  time  and  date  when  they  are              20
   deemed to be received;

 (t) respecting the manner in which any pro-
 vision of this Act or the regulations applies
 to any of the aboriginal peoples of Canada,
 and adapting any such provision for the                     25
 purposes of that application;

 (u) repealing

   (i) section 4 of the Cartridge Magazine
   Control Regulations, made by Order in
   Council P.C. 1992- 1660 of July 16, 1992                 30
   and  registered  as  SOR/92-460,  and the
   heading before it,
 
   (ii) the Designated Areas Firearms Or-
   der, C.R.C., chapter 430,
 
   (iii) section 4 of the Firearms Acquisi-                 35
   tion  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 Collec-                40
   tor Regulations, made by Order in Coun-
   cil P.C. 1992-1661 of July 16, 1992 and
   registered as SOR/92-435, and the head-
   ing before it,

   (v) sections 8 and 13 of the Prohibited                 45
   Weapons Control Regulations, made by


49


    Order in Council P.C. 1991 - 1925 of Oc-
    tober 3, 1991 and registered as SOR/91-
    572, and the headings before them,

    (vi) the Restricted Weapon Registration
    Certificate for Classes of Persons other               5
    than  Individuals  Regulations,  made  by
    Order in Counci1 P.C. 1993-766 of April
    20, 1993 and registered as SOR/93-200,
    and

    (vii) sections 7, 15 and 17 of the Restrict-            10
    ed Weapons and Firearms Control Regu-
    lations, made by Order in Council P.C.
    1978-2572 of August 16, 1978 and regis-
    tered as SOR/78-670, and the headings
    before them; and                                       15

 (v) prescribing anything that by any provi-
 sion of this Act is to be prescribed by regu-
 lation.

  111. (1) The federal  Minister shall have
each  proposed  regulation  laid  before  each             20
House of Parliament.

  (2)  Each  proposed  regulation  that  is  laid
before a House of Parliament shall be referred
by that House to an appropriate committee of
that House, as determined by the rules of that             25
House, and the committee may conduct in-
quiries or public hearings with respect to the
proposed regulation and report its findings to
that House.
                                                           30
  (3) A proposed regulation that has been laid
pursuant to subsection (1) may be made

  (a) on the expiration of thirty sitting days
  after it was laid; or

  (b) where, with respect to each House of                 35
  Parliament,

     (i) the committee reports to the House, or

    (ii) the committee decides not to conduct
    inquiries or public hearings.

  (4) For the purpose of this section, "sitting            40
day" means a day on which either House of
Parliament sits.

  112. (1) No proposed regulation that has
been laid pursuant to section III need again
be laid under that section, whether or not it              45
has been altered.



50


  (2) A regulation made under section 110
may be made without being laid before either
House of Parliament if the federal Minister is
of the opinion that the changes made by the
regulation to an existing regulation are so im-             5
material  or  insubstantial  that  section  111
should not be applicable in the circumstances.

  (3)  A  regulation  made  under  paragraph
110(i), (1), (m), (n), (o), (q), (r) or (s) may be
made without being laid before either House                10
of Parliament if the federal Minister is of the
opinion that the making of the regulation is so
urgent that section 111 should not be applica-
ble in the circumstances.

  (4) Where the federal Minister forms the                 15
opinion described in subsection (2) or (3), he
or she shall have a statement of the reasons
why he or she formed that opinion laid before
each House of Parliament.

  (5) A regulation may be made under para-                 20
graph  110(v) prescribing a date for the pur-
poses of the application of any provision of
this  Act  without  being  laid  before  either
House of Parliament.

  (6) For greater certainty, a regulation may              25
be made under Part 111 of the Criminal Code
without being laid before either House of Par-
liament.


TRANSITIONAL PROVISIONS

                 Licences
  113. (1) A firearms acquisition certificate
is deemed to be a licence if it                            30

  (a) was issued under section 106 or 107 of
  the former Act;

  (b) had not been revoked before the com-
  mencement day; and

  (c)   was   valid   pursuant   to   subsection           35
  106( 11 ) of the former Act, or pursuant to
  that  subsection  as  applied  by  subsection
  107(1)  of the  former Act,  on  the com-
  mencement day.

  (2) A firearms acquisition certificate that is           40
deemed to be a licence authorizes the holder

  (a) to acquire and possess any firearms oth-
  er  than  prohibited  firearms  that  are  ac-


51


  quired  by  the  holder  on  or  after  the
  commencement day and before the expira-
  tion or revocation of the firearms acquisi-
  tion certificate; and

  (b) in the case of an individual referred to             5
  in subsection  12(2), (3), (4), (5) or (6), to
  acquire and possess any prohibited firearms
  referred to in that subsection that are ac-
  quired by the holder on or after the com-
  mencement day.                                           10

  (3) A firearms acquisition certificate that is
deemed to be a licence expires on the earlier
of

(a) five years after the day on which it was
issued, and                                                15

  (b) the issuance of a licence to the holder of
  the firearms acquisition certificate.

  (4) Where a firearms acquisition certificate
that is deemed to be a licence is lost, stolen or
destroyed before its expiration under subsec-              20
tion (3), a person who has authority under this
Act to issue a licence may issue a replacement
firearms  acquisition  certificate  that  has  the
same effect as the one that was the lost, stolen
or destroyed.                                              25

  114. (1) A permit is deemed to be a licence
if it

  (a) was issued under subsection 110(6) or
  (7) of the former Act to a person who was
  under the age of eighteen years;                         30

  (b) had not been revoked before the com-
  mencement day; and

  (c) remained in force pursuant to subsec-
  tion 1l0(8) of the former Act on the Com-
  mencement day .                                          35

  (2) A permit that is deemed to be a licence
authorizes the holder to possess firearms that
are neither prohibited firearms nor restricted
firearms.

  (3) A permit that is deemed to be a licence              40
is valid only in the province in which it was
issued, unless the permit was endorsed pursu-
ant to subsection 110(10) of the former Act as
being va1id within the provinces indicated in
the  permit,  in  which  case  it  remains  valid          45
within those provinces.


52


(4) A permit that is deemed to be a licence
expires on the earliest of

  (a) the expiration of the period for which it
  was expressed to be issued,

  (b) the day on which the person to whom it               5
  was  issued  attains  the  age  of  eighteen
  years, and

  (c) five years after the birthday of the per-
  son next following the day on which it was
  issued, if that fifth anniversary occurs on or           10
  after the commencement day.

  115. An approval of a museum, other than
a museum established by the Chief of the De-
fence Staff, is deemed to be a licence if the
approval                                                   15

  (a) was granted under subsection 105(1) of
  the former Act; and

  (b) had not been revoked before the com-
  mencement day.

  116.  A permit to carry on a business de-                20
scribed in paragraph 105(1)(a) or (b) or sub-
paragraph  105(2)(b)(i) of the former Act is
deemed to be a licence if it

  (a) was

    (i) issued under subsection 110(5) of the              25
    former Act, or

    (ii) continued  under  subsection  6(2)  of
    the Criminal Law Amendment Act, 1 968-
    69, chapter 38 of the Statutes of Canada,
    1968-69,  or  subsection  48(1)  of  the               30
    Criminal  Law  Amendment Act,  1977,
    chapter  53  of the  Statutes  of Canada,
    1976-77;

(b) had not been revoked before the com-
mencement day;                                             35

(c) had not ceased to be in force or have
any effect on October 30, 1992 under sec-
tion 34 of An Act to amend the Criminal
Code  and  the  Customs  Tariff in  conse-
quence thereof, chapter 40 of the Statutes                 40
of Canada, 1991 ; and

(d) remained in force pursuant 10 subsec-
tion 110(5) of the former Act on the com-
mencement day.


53


  117. A permit or an approval of a museum
that is deemed to be a licence under section
115 or 116 is valid only for the location of the
business or museum for which it was issued.

  118. A permit or an approval of a museum                 5
that is deemed to be a licence under section
115 or 116 expires on the earlier of

  (a) the expiration of the period for which
  the permit or approval was expressed to be
  issued or granted, and                                   10

  (b) one year after the commencement day.

  119. (1)  A  designation  of  a  person  is
deemed to be a licence if it

  (a) was made under subsection 90(3.1) or
  paragraph 95(3)(b) of the former Act; and                15

  (b) had not been revoked before the com-
  mencement day.

  (2)  A  designation  of  a  person  that  is
deemed to be a licence is valid only in the
province in which it was made.                             20

  (3)  A  designation  of  a  person  that  is
deemed to be a licence expires on the earliest
of

  (a) the expiration of the period for which it
  was expressed to be made,                                25

  (b) One year after the commencement day,
  and

  (c) in the case of a designation of a person
  who holds a permit that is deemed to be a
  licence under section 116, the expiration of             30
  the permit.

  120.  Every  application  that  was  pending
on the commencement day for a document
that would be a document referred to in any of
sections 113 to 119 had it been issued before              35
the commencement day  shall  be dealt with
and disposed of under and in accordance with
the former Act, except that

  (a) a licence shall be issued instead of issu-
  ing a firearms acquisition certificate or a              40
  permit or making an approval or designa-
  tion ; and


54


  (b) only a person who has authority under
  this Act to issue a licence may finally dis-
  pose of the application.

          Registration Certificates
  121. (1)   A   registration   certificate   is
deemed to be a registration certificate issued             5
under section 58 if it

  (a) was

     (i) issued under subsection 109(7) of the
     former Act, or

     (ii) continued under subsection 6(2) of                10
     the Criminal Law Amendment Acc, 1968-
     69, chapter 38 of the Statutes of Canada, 
     1968-69,  or  subsection  48(2)  of  the
     Criminal  Law  Amendment  Act,  1977,
     chapter  53  of the  Statutes  of Canada,              15
     1976-77; and

  (b) had not been revoked before the com-
  mencement day.

  (2) A registration certificate that is deemed
to  be  a  registration  certificate  issued  under        20
section 58 expires on the earlier of

  (a) its expiration under section 64, and

  (b) December 31, 2002, or such other date
  as is prescribed.

  122.  Every  application  for  a  registration           25
certificate  that  was  pending  on  the  com-
mencement day shall be dealt with and dis-
posed of under and in accordance with the
former Act, except that only a person who has
authority under this Act to issue a registration           30
certificate may finally dispose of the applica-
tion.

   Authorized Transportation of Firearms

  123. (1) A permit authorizing a person to
possess a particular prohibited firearm or re-
stricted firearm is deemed to be an authoriza-             35
tion to carry or authorization to transport if it

  (a) was

    (i) issued under subsection 110(1) of the
    former Act, or

    (ii) continued under subsection 6(2) of                40
    the Criminal Law Amendment Act, 1968-
    69, chapter 38 of the Statutes of Canada,


55


    1968-69,  or  subsection  48(1)  of  the
    Criminal  Law  Amendment  Act,  1977,
    chapter  53  of the  Statutes  of Canada,
    1976-77;

  (b) had not been revoked before the com-                      5
  mencement day ; and

  (c) remained in  force pursuant to subsec-
  tion 110(1) of the former Act on the com-
  mencement day.

  (2) A permit that is deemed to be an author-                  10
ization to carry or authorization to transport is
valid only in the province in which the permit
was issued, unless it was endorsed pursuant to
subsection 110(10) of the former Act as being
valid  within  the  provinces  indicated  in  the               15
permit, in which case it remains valid within
those provinces.

  (3) A permit that is deemed to be an author-
ization to carry or authorization to transport
expires on the earlier of                                   20

  (a) the expiration of the period for which it
  was expressed to be issued, and

  (b) two years after the commencement day.

  124.  A  permit  authorizing  a  person  who
does not reside in Canada to possess and carry               25
a  particular  prohibited  firearm  or  restricted
firearm  is deemed to be an authorization to
transport if it

  (a) was issued under subsection 110(2.1) of
  the former Act;                                            30

  (b) had not been revoked before the com-
  mencement day ; and

  (c) remained in force pursuant to that sub-
  section on the commencement day.

  125.  A  permit  authorizing  a  person  to                35
transport or to convey to a local registrar of
firearms a particular prohibited firearm or re-
stricted firearm is deemed to be an authoriza-
tion to transport if it                  

  (a) was                                                   40

    (i) issued under subsection 110(3) or (4)
    of the former Act, or

    (ii) continued  under subsection 6(2)  of
    the Criminal Law Amendment Act, 1968-
    69, chapter 38 of the Statutes of Canada,               45


56


    1968-69,  or  subsection  48(1)  of  the
    Criminal  Law  Amendment  Act,  1977,
    chapter  53  of the  Statutes  of Canada,
    1976-77;

  (b) had not been revoked before the com-                 5
  mencement day ; and

  (c) remained in force pursuant to subsec-
  tion 110(3) or (4) of the former Act on the
  commencement day.

  126. A permit that is deemed to be an au-                10
thorization to transport under section  124 or
125 expires on the expiration of the period for
which the permit was expressed to be issued.

  127.  Every  application  that  was  pending
on the commencement day for a document                     15
that would be a document referred to in any of
sections 123 to 125 had it been issued before
the commencement day shall be dealt wlth
and disposed of under and in accordance with
the former Act, except that                                20

  (a) an authorization to carry or authoriza-
  tion to transport shall be issued or a condi-
  tion shall be attached to a licence instead of
  issuing a permit; and

  (b) only a person who has authority under                25
  this Act to issue an authorization to carry or
  authorization to transport may finally dis-
  pose of the application.

  128.  (1) An approval of a shooting club is
deemed to be an approval granted under this                30
Act if the approval

  (a)   was  granted under subparagraph
  109(3)(c)(iii) or paragraph 110(2)(c) of the
  former Act; and

  (b) had not been revoked before the com-                 35
  mencement day.

  (2) An approval of a shooting club that is
deemed to be an approval granted under this
Act expires on the earlier of

  (a) the expiration of the period for which it            40
  was expressed to be granted, and

  (b) one year after the commencement day.

  129.  Every permit authorizing a person to
temporarily store a particular prohibited fire-
arm or restricted firearm                                  45


57


  (a)   that  was   issued   under  subsection
   110(3.1) of the former Act,

  (b)  that had not been revoked before the
  commencement day, and

  (c) that remained in force pursuant to sub-              5
  section  110(3.3) of the former Act on the
  commencement day

continues in force until the expiration of the
period for which it was expressed to be is-
sued, unless the permit is revoked by a chief              10
firearms officer for any  good and sufficient
reason.


  CONDITIONAL AMENDMENTS TO THIS ACT

  130. If Bill  C-7,  introduced  during  the
first session  of the  thirty-fifth  Parliament
and entitled An Act respecting the control of              15
certain drugs, their precursors and other sub-
stances and to amend certain other Acts and
repeal  the  Narcotic  Control  Act  in  conse-
quence thereof, is assented to, then, on the
later of the day on which sections 6 and 7 of              20
that Act come into force and the day on
which this Act is assented to, subparagraph
5(2)(a)(iv) of this Act is replaced by the fol-
lowing:

    (iv) an offence relating to a contraven-               25
    tion of subsection 6(1) or (2) or 7(1) or
    (2)  of the  Controlled Drugs and Sub-
    stances Act;

  131. If Bill C-41, introduced in the first
session of the thirty-fifth Parliament and en-             30
titled An Act to amend the Criminal Code
(sentencing) and other Acts in consequence
thereof, is assented to, then, on the later of
the day on which section 730 of the Criminal
Code, as enacted by section 6 of that Act,                 35
comes into force and the day on which this
Act is assented to, the following provisions
of this Act are amended by replacing the
expression  "section  736  of  the  Criminal
Code" with the expression "section 730 of                  40
the Criminal Code":

  (a) paragraph 5(2)(a); and

  (b) paragraphs 68(1)(a) and (b).


58


AMENDMENTS TO THE CRIMINAL CODE

  132.  (1) The definition "weapon" in sec-
tion 2 of the Criminal Code is replaced by
the following:

"weapon" means any thing used, designed to
  be used or intended for use                           5

    (a) in causing death or injury to any per-
    son, or

    (b) for the purpose of threatening or in-
    timidating any person

  and,  without restricting the generality of          10
  the foregoing, includes a firearm;

  (2) Section 2 of the Act is amended by
adding the following in alphabetical order:


"firearm"  means  a  barrelled  weapon  from
  which any shot, bullet or other projectile            15
  can be discharged and that is capable of
  causing serious bodily injury or death to a
  person, and includes any frame or receiver
  of such a barrelled weapon and anything
  that can be adapted for use as a firearm;              20


[begin explanatory notes]

EXPLANATORY NOTES

Criminal Code

Clause  132: (1) The definition "weapon" in section
reads as follows:

"weapon" means

  (a) anything used, designed to be used or intended for use in causing
  death or injury to any person, or

  (b) anything used, designed to be used or intended for use for
  the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes any
firearm as defined in subsection 84(1);

(2) New.

[end explanatory notes]



59


  133. Part III of the Act is replaced by the
following:           


PART III

FIREARMS AND OTHER WEAPONS

                Interpretation

  84. (1)  In  this  Part  and  subsections
491(1), 515(4.1) and (4.11) and 810(3.1) and
(3.11),                                                    5

"ammunition" means a cartridge containing
  a  projectile  designed  to  be  discharged
  from a firearm and, without restricting the
  generality  of  the  foregoing,  includes  a
  caseless  cartridge,  a  shot  shell  and  any           10
  cartridge the projectile of which is, or is
  capable of producing, a gas of any kind,
  but does not include a blank cartridge;

"authorization"  means  an  authorization  is-
  sued under the Firearms Act;                             15

"automatic firearm" means a firearm that is
  capable of, or assembled or designed and
  manufactured with the capability of, dis-
  charging  projectiles  in  rapid  succession
  during one pressure of the trigger;                      20

"cartridge  magazine"  means  a  device  or
  container from which ammunition may be
  fed into the firing chamber of a firearm;

"chief firearms officer" means a chief fire-
  arms officer as defined in subsection 2(1)               25
  of the Firearms Act,


60


"cross-bow" means a device with a bow and
  a bowstring mounted on a stock that is de-
  signed to propel an arrow, a bolt, a quarrel
  or  any  similar  projectile  on  a  trajectory
  guided by a barrel or groove and that is                 5
  capable of causing serious bodily injury or
  death to a person;

"firearms  officer"  means a firearms officer
  as defined in subsection 2(1) of the Fire-
  arms Act;                                                10

"handgun" means a firearm that is designed,
  altered or intended to be aimed and fired
  by the action of one hand, whether or not it
  has  been  redesigned  or subsequently  al-
  tered to be aimed and fired by the action of             15
  both hands;

"imitation  firearm"  means  any  thing  that
  imitates a firearm, and includes a replica
  firearm;

"licence" means a licence issued under the                20
  Firearms Act;

"prescribed" means prescribed by the regu-
  lations;

"prohibited  ammunition"  means  ammuni-
  tion,  or a projectile  of any  kind,  that is           25
  prescribed to be prohibited ammunition;

"prohibited device" means
    (a) any component or part of a weapon,
    or any accessory for use with a weapon,
    that is prescribed to be a prohibited de-             30
    vice,
    (b) a handgun barrel that is equal to or
    less than 105 mm in length, but does not
    include any such handgun barrel that is
    prescribed, where the handgun barrel is                35
    for use in international sporting compe-
    titions governed by the rules of the In-
    ternational Shooting Union,
    (c) a device or contrivance designed or
    intended to muffle or stop the sound or                40
    report of a firearm,
    (d)  a  cartridge  magazine  that  is  pre-
    scribed to be a prohibited device, or
    (e) a replica firearm;

"prohibited firearm" means                                 45


61

    (a) a handgun that

       (i) has a barrel equal  to or less than
       105 mm in length, Or

       (ii)  is  designed  or  adapted  to  dis-
       charge a .25 or .32 calibre cartridge,               5

    but does not include any such handgun
    that is prescribed, where the handgun is
    for use in international sporting compe-
    titions governed hy the rules of the In-
    ternational Shooting Union,                            10

    (b) a firearm that is adapted from a rifle
    or shotgun, whether by sawing, cutting
    or any other alteration, and that, as so
    adapted,

       (i) is less than 660 mm in length, or                15
       (ii) is 660 mm or greater in length and
       has  a  barrel  less  than  457  mm  in
       length,

    (c) an automatic firearm, whether or not
    it has been altered to discharge only one              20
    projectile with one pressure of the trig-
    ger, or

    (d) any firearm that is prescribed to be a
    prohibited firearm;

"prohibited weapon" means                                  25

    (a) a knife that has a blade that opens
    automatically by  gravity  or centrifugal
    force or by hand pressure applied to a
    button, spring or other device in or at-
    tached to the handle of the knife, or                  30

    (b) any  weapon,  other than  a  firearm,
    that  is  prescribed  to  be  a  prohibited
    weapon ;

"prohibition  order"  means  an  order made
  under this Act or any other Act of Parlia-               35
  ment prohibiting a person from possessing
  any firearm, cross-bow, prohibited weap-
  on,  restricted  weapon,  prohibited device,
  ammunition, prohibited ammunition or ex-
  plosive substance, or all such things;                   40

"Registrar" means the Registrar of Firearms
  appointed  under  section  80  of the Fire-
  arms Act;

"registration  certificate"  means  a  registra-
  tion certificate issued under the Firearms               45
  Act;


62


"replica  firearm"  means  any device  that is
  designed or intended to exactly resemble,
  or to resemble with near precision, a fire-
  arm, but that is not designed to discharge,
  or is not capable of discharging, ammuni-                5
  tion;

"restricted firearm" means

    (a) a handgun that is not a prohibited
    firearm,

    (b) a firearm that                                    10

       (i) is not a prohibited firearm,

       (ii) has a barrel less than 470 mm in
       length, and

       (iii) is capable of discharging centre-
       fire ammunition in a semi-automatic                  15
       manner,

    (c) a firearm that is designed or adapted
    to be fired when reduced to a length of
    less than 660 mm by folding, telescop-
    ing or otherwise, or                                   20

    (d) a firearm of any other kind that is
    prescribed to be a restricted firearm;

"restricted weapon" means any weapon, oth-
  er than a firearm, that is prescribed to be a   
  restricted weapon;                                       25

"superior court" means

    (a) in Ontario, the Ontario Court (Gen-
     eral Division), sitting in the region, dis-
    trict  or  county  or  group  of  counties
    where  the  relevant  adjudication  was                30
    made,

    (b) in Quebec, the Superior Court,

    (c) in New Brunswick, Manitoba, Sas-
    katchewan  and  Alberta,  the  Court  of
    Queen's Bench,                                         35

    (d)  in  Nova Scotia,  British  Columbia
    and a territory, the Supreme Court, and

    (e) in Prince Edward Island and New-
    foundland, the Trial Division of the Su-
    preme Court;                                            40

"transfer"  means  sell,  barter,  give,  lend,
  send, transport, ship, distribute or deliver.

  (2) For the purposes of this Part, the length
of a barrel of a firearm is


63


  (a) in the case of a revolver, the distance
  from the muzzle of the barrel to the breach
  end immediately in front of the cylinder;
  and

  (b) in any other case, the distance from the             5
  muzzle of the barrel to and including the
  chamber,

but does not include the length of any com-
ponent, part or accessory including any com-
ponent,  part  or  accessory  designed  or                 10
intended to suppress the muzzle flash or re-
duce recoil.

  (3) For the purposes of sections 91 to 95,
99 to 101 , 103 to 107 and 117.03 of this Act
and the provisions of the Firearms Act, the                15
following weapons are deemed not to be fire-
arms:

  (a) any firearm manufactured before 1898
  that

    (i) was not designed to discharge rim-                 20
    fire or centre-fire ammunition and that
    has  not  been  redesigned  to  discharge
    such ammunition, or

    (ii) if it has been so designed or rede-
    signed,  is capable only of discharging                25
    rim-fire or centre-fire ammunition  that
    is not commonly available in Canada,

  excluding  any  such  firearm  that  is  pos-
  sessed by a person who intends to fire it at
  any time and that, but for this subsection,              30
  would be a restricted firearm;

  (b) any device that is

    (i) designed exclusively  for signalling,
    for notifying of distress, for firing blank
    cartridges or for firing stud cartridges,              35
    explosive-driven rivets or other indus-
    trial projectiles, and

    (ii) intended by the person in possession
    of it to be used exclusively for the pur-
    pose for which it is designed;                         40

  (c) any shooting device that is

    (i) designed exclusively for the slaugh-
    tering of domestic animals, the tranquil-
    lizing of animals or the discharging of
    projectiles with lines attached to them,               45
    and


64


    (ii) intended by the person in possession
    of it to be used exclusively for the pur-
    pose for which it is designed; and

  (d) any other barrelled weapon, where it is
  proved that the weapon is not designed or                5
  adapted to discharge

     (i) a shot, bullet or other projectile at a
     muzzle velocity exceeding 152.4 m per
     second, or
     (ii) a shot, bullet or other projectile that          10
     is designed or adapted to attain a veloc-
     ity exceeding 152.4 m per second.

  (4) For the purposes of this Part, a person  
is the holder of                      

  (a) an authorization or a licence if the au-             15
  thorization or licence has been  issued to
  the  person  and  the  person continues  to
  hold it; and

  (b) a registration certificate for a firearm if

     (i) the registration  certificate  has been           20
     issued to the person and the person con-
     tinues to hold it, or

     (ii) the person possesses the registration
     certificate  with  the  permission  of  its
     lawful holder.                                         25


              Use Offences
  85. (1) Every person commits an offence
who uses a firearm

  (a)  while  committing  an  indictable  of-
  fence, other than an offence under section
  220 (criminal  negligence causing death),                30
  236 (manslaughter), 239 (attempted mur-
  der), 244 (causing bodily harm with intent
  -  firearm),  272  (sexual  assault  with  a
  weapon), 273 (aggravated sexual assault),
  279 (kidnapping), 279. 1  (hostage-taking),              35
  344 (robbery) or 346 (extortion),

  (b) while attempting to commit an indicta-
  ble offence, or

  (c)  during  flight  after committing  or at-
  tempting to commit an indictable offence,                40
  whether or not the person causes or means to
  cause bodily harm to any person as a result
  of using the firearm.


65


  (2) Every person commits an offence who
uses an imitation firearm

  (a)  while  committing  an  indictable  of-
  fence,

  (b) while attempting to commit an indicta-               5
  ble offence, or

  (c) during  flight after committing or at-
  tempting to commit an indictable offence,

whether or not the person causes or means to
cause bodily harm to any person as a result                10 
of using the imitation firearm.

  (3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and liable

   (a) in the case of a first offence, except as           15
   provided  in  paragraph  (b),  to  imprison-
   ment  for  a  term  not  exceeding  fourteen
   years and to a minimum punishment of im-
   prisonment for a term of one year;

   (b) in the case of a first offence committed            20
   by a person who, before January 1 , 1978,
   was convicted of an indictable offence, or
   an  attempt  to  commit  an  indictable  of-
   fence,  in  the course of which  or during
   flight after the commission or attempted                25
   commission  of which  the  person used  a
   firearm,  to  imprisonment  for a term not
   exceeding  fourteen  years  and to  a mini-
   mum  punishment of imprisonment for a
   term of three years; and                                30

   (c) in the case of a second or subsequent
   offence,  to  imprisonment  for a  term  not
   exceeding  fourteen years and to  a mini-
   mum punishment of imprisonment for a
   term of three years.                                    35

   (4) A sentence imposed on a person for an
offence under subsection (1) or (2) shall be
served  consecutively  to  any  other  punish-
ment imposed on the person for an offence
arising out of the same event or series of                40
events and to any other sentence to which the
person is subject at the time the sentence is
imposed on the person for an offence under
subsection (1) or (2).

    86.  (1) Every person commits an offence               45
who,  without  lawful  excuse,  uses,  carries,
handles, ships, transports or stores a firearm,


66


a prohibited weapon, a restricted weapon, a
prohibited device or any ammunition or pro-
hibited ammunition in a careless manner or
without reasonable precautions for the safety
of other persons.                                          5

  (2) Every person commits an offence who
contravenes a regulation made under para-
graph 110(h) of the Firearms Act respecting
the  storage,  handling,  transportation,  ship-
ping,  display,  advertising  and  mail-order              10
sales of firearms and restricted weapons.

  (3) Every person who commits an offence
under subsection (1) or (2)

  (a) is guilty of an indictable offence and
  liable to imprisonment                                   15

     (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                                              20

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

  87. (1) Every person commits an offence
who, without lawful excuse, points a firearm
at  another  person,  whether  the  firearm  is            25
loaded or unloaded.

  (2) Every person who commits an offence
under subsection (1)

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-                30
  ceeding five years; or

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

           Possession Offences
  88. (1) Every person commits an offence
who carries or possesses a weapon, an imita-               35
tion of a weapon, a prohibited device or any
ammunition or prohibited ammunition for a
purpose dangerous to the public peace or for
the purpose of committing an offence.

  (2) Every person who commits an offence                  40
under subsection (1)


67


  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding ten years; or

  (b) is guilty of an offence punishable on
  summary conviction.                                      5

  89. (1) Every person commits an offence
who, without lawful excuse, carries a weap- 
on, a prohibited device or any ammunition or 
prohibited ammunition  while the person  is 
attending or is on the way to attend a public              10
meeting.

  (2) Every person who commits an offence
under subsection (1) is guilty of an offence 
punishable on summary conviction.       
                                            
  90. (1) Every person commits an offence                  15
who carries a weapon, a prohibited device or 
any  prohibited  ammunition  concealed,  un- 
less the person is authorized under the Fire- 
arms Act to carry it concealed.               

  (2) Every person who commits an offence                  20
under subsection (1)                       

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

  (b) is guilty of an offence punishable on                25
  summary conviction.

  91. (1) Subject to subsection (4) and sec-
tion  98, every  person  commits an offence
who possesses a firearm, unless the person is
the holder of                                              30

  (a) a licence under which the person may
  possess it; and

  (b)  a  registration  certificate  for  the  fire-
  arm.

  (2) Subject to subsection (4) and section                35
98, every person commits an offence who
possesses a prohibited weapon,  a restricted
weapon,  a  prohibited  device,  other than  a
replica firearm, or any prohibited ammuni-
tion, unless the person is the holder of a li-             40
cence under which the person may possess it.

  (3) Every person who commits an offence
under subsection (1) or (2)


68


  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding five years; or
  
  (b) is guilty of an offence punishable on
  summary conviction.                                        5

(4) Subsections (1) and (2) do not apply to

  (a)  a  person  who  possesses  a  firearm,  a 
  prohibited weapon, a restricted weapon, a
  prohibited device or any prohibited ammu-
  nition while the person is under the direct                10
  and  immediate  supervision  of  a  person
  who may lawfully possess it, for the pur-
  pose of using it in a manner in which the
  supervising person may lawfully use it; or

  (b) a person who comes into possession of                 15
  a firearm, a prohibited weapon, a restrict-
  ed weapon, a prohibited device or any pro-
  hibited  ammunition  by  the  operation  of
  law and who, within a reasonable period
  after acquiring possession of it,                         20

    (i) lawfully disposes of it, or

    (ii)  obtains a  licence under which the
    person may possess it and, in the case of
    a firearm,  a registration  certificate  for
    the firearm.                                           25

  92. (1) Subject to subsection (4) and sec-
tion  98,  every  person  commits  an  offence
who possesses a firearm  knowing that the
person is not the holder of

  (a) a licence under which the person may                 30
  possess it; and

  (b)  a registration  certificate  for the  fire-
  arm.

  (2) Subject to subsection (4) and section
98, every person commits an offence who                    35
possesses a prohibited  weapon,  a restricted
weapon,  a prohibited  device,  other than  a
replica firearm, or any prohibited ammuni-
tion knowing that the person is not the holder
of a licence under which the person may pos-               40
sess it.

   (3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and liable

  (a) in the case of a first offence, to impris-         45
  onment for a term not exceeding ten years;


69


  (b) in the case of a second offence, to im-
  prisonment for a term not exceeding ten
  years and to a minimum punishment of im-
  prisonment for a term of one year; and

  (c) in  the case of a third or subsequent                  5
  offence, to imprisonment for a term  not
  exceeding  ten  years  and  to  a  minimum
  punishment of imprisonment for a term of
  two years less a day.

 (4) Subsections (1) and (2) do not apply to                10

  (a)  a  person  who  possesses  a  firearm,  a
  prohibited weapon, a restricted weapon, a
  prohibited device or any prohibited ammu-
  nition while the person is under the direct
  and  immediate  supervision  of a  person                 15
  who may lawfully possess it, for the pur-
  pose of using it in a manner in which the
  supervising person may lawfully use it; or

  (b) a person who comes into possession of
  a firearm, a prohibited weapon, a restrict-               20
  ed weapon, a prohibited device or any pro-
  hibited  ammunition  by  the  operation  of
  law and who, within a reasonable period
  after acquiring possession of it,

    (i) lawfully disposes of it, or                        25

    (ii)  obtains  a  licence  under which  the
    person may possess it and, in the case of
    a firearm, a registration  certificate  for
    the firearm.

  93. (1) Subject to subsection (3) and sec-               30
tion  98,  every  person  commits  an  offence
who, being the holder of an authorization or
a licence under which the person may pos-
sess  a  firearm,  a  prohibited  weapon,  a  re-
stricted  weapon,  a  prohibited  device  or               35
prohibited  ammunition,  possesses  the  fire-
arm, prohibited weapon, restricted weapon,
prohibited device or prohibited ammunition
at a place that is

  (a) indicated on the authorization or li-               40
  cence as being a place where the person
  may not possess it;

  (b) other than a place indicated on the au-
  thorization  or  licence  as  being  a  place
  where the person may possess it; or                     45

  (c) other than a place where it may be pos-
  sessed under the Firearms Act.


70


  (2) Every person who commits an offence
under subsection (1) 

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding five years; or                                   5

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

  (3) Subsection (1) does not apply to a per-
son who possesses a replica firearm.         

  94. (1) Subject to subsections (3) and (4)               10
and section 98, every person commits an of- 
fence who is an occupant of a motor vehicle 
in which the person knows there is a firearm,
a prohibited weapon, a restricted weapon, a
prohibited device, other than a replica fire-              15
arm, or any prohibited ammunition, unless

  (a) in the case of a firearm,

    (i) the person or any other occupant of
    the motor vehicle is the holder of

       (A)  an  authorization  or  a  licence              20
       under which the person or other occu-
       pant may possess the firearm and, in
       the case of a prohibited firearm or a
       restricted  firearm,  transport  the  pro-
       hibited firearm or restricted  firearm,             25
       and

       (B)  a  registration  certificate  for  the
       firearm,

    (ii) the person had reasonable grounds
    to believe that any other occupant of the              30
    motor vehicle was the holder of

       (A)  an  authorization  or  a  licence
       under which that other occupant may
       possess the firearm and, in the case of
       a prohibited firearm or a restricted                35
       firearm, transport the prohibited fire-
       arm or restricted firearm, and

       (B)  a  registration  certificate  for  the
       firearm, or

    (iii) the person had reasonable grounds                40
    to believe that any other occupant of the
    motor vehicle was a person who could
    not be convicted of an  offence under
    this Act by reason of sections 117.07 to
    117.1  or any other Act of Parliament;               45
    and


71


 (b) in the case of a prohibited weapon, a
 restricted weapon, a prohibited device or
 any prohibited ammunition,

   (i) the person or any other occupant of
   the motor vehicle is the holder of an au-                5
   thorization or a licence under which the
   person or other occupant may transport
   the prohibited weapon, restricted weap-
   on, prohibited device or prohibited am-
   munition, or                                            10
 
   (ii) the person had reasonable grounds
   to believe that any other occupant of the
   motor vehicle was

      (A) the holder of an authorization or a
      licence under which the other occu-                  15
      pant  may  transport  the  prohibited
      weapon, restricted weapon, prohibit-
      ed device or prohibited ammunition,
      or

      (B) a person who could not be con-                   20
      victed of an offence under this Act by
      reason of sections 117.07 to 117.1 or
      any other Act of Parliament.

  (2) Every person who commits an offence
under subsection (1)                                       25

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding ten years; or

  (b) is guilty of an offence punishable on
  summary conviction.                                      30

  (3) Subsection (1) does not apply to an
occupant of a motor vehicle who, on becom-
ing aware of the presence of the firearm, pro-
hibited    weapon,    restricted    weapon,
prohibited device or prohibited ammunition                35
in the motor vehicle, attempted to leave the
motor vehicle, to the extent that it was feasi-
ble to do so, or actually left the motor vehi-
cle.

   (4) Subsection (1) does not apply to an                 40
occupant of a motor vehicle where the occu-
pant or any other occupant of the motor vehi-
cle is a person who came into possession of
the  firearm,  prohibited  weapon,  restricted
weapon, prohibited device or prohibited am-               45
munition by the operation of law.


72


  95. (1) Subject to subsection (3) and sec-
tion  98,  every  person  commits  an  offence
who, in any place, possesses a loaded prohib-
ited firearm or restricted firearm, or an un-
loaded   prohibited   firearm   or   restricted            5
firearm together with readily accessible am-
munition that is capable of being discharged
in the firearm, unless the person is the holder
of

  (a)  an  authorization  or a  licence  under             10
  which the person may possess the firearm
  in that place; and

  (b) the registration certificate for the fire-
  arm.

  (2) Every person who commits an offence                  15
under subsection (1)

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding ten years and to a minimum pun-
  ishment of imprisonment for a term of one                20
  year; or

  (b) is guilty of an offence punishable on
  summary conviction and liable to impris-
  onment for a term not exceeding one year.

  (3) Subsection (1) does not apply to a per-              25
son who is using the firearm under the direct
and immediate supervision of another person
who is lawfully entitled to possess it and is
using the firearm in a manner in which that
other person may lawfully use it.                          30

  96. (1)  Subject to subsection  (3),  every
person commits an offence who possesses a
firearm,  a  prohibited  weapon,  a  restricted
weapon, a prohibited device or any prohibit-
ed ammunition that the person knows was                    35
obtained by the commission in Canada of an
offence or by an act or omission anywhere
that, if it  had  occurred  in  Canada,  would
have constituted an offence.

  (2) Every person who commits an offence                  40
under subsection (1)

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-
  ceeding ten years and to a minimum pun-
  ishment of imprisonment for a term of one                45
  year; or


73


  (b) is guilty of an offence punishable on
  summary conviction and liable to impris-
  onment for a term not exceeding one year.

  (3) Subsection (1) does not apply to a per-
son who comes into possession of anything                  5
referred to in that subsection by the opera-
tion of law and who lawfully disposes of it
within  a  reasonable  period  after  acquiring
possession of it.

  97. (1) Every person commits an offence                  10
who  at  any  time  sells,  barters  or  gives  a
cross-bow to another person, unless the other
person produces for inspection by the person
at that time a licence that the person has no
reasonable grounds to believe is invalid or                15
was  issued  to  anyone  other  than  the  other
person.

  (2) Every person who commits an offence
under subsection (1)

  (a) is guilty of an indictable offence and               20
  liab1e to imprisonment for a term not ex-
  ceeding two years; or

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

  98. (1)  Every  person  who,  immediately                25
before the coming into force of any of sub-
sections 91 (1), 92(1), 93(1), 94(1) and 95(1),
possessed a firearm without a firearm acqui-
sition certificate because

  (a)  the  person  possessed  the  firearm                30
  before January 1 , 1979, or

  (b)   the   firearm   acquisition   certificate
  under which the person had acquired the
  firearm had expired,

shall be deemed for the purposes of that sub-              35
section to be, until January 1, 2001 or such
other date as is prescribed, the holder of a
licence under which the person may possess
the firearm.

  (2) Every person who, immediately before                 40
the coming into force of any of subsections
91(1), 92(1), 93(1), 94(1) and 95(1), pos-
sessed a firearm and was the holder of a fire-
arm acquisition certificate shall be deemed
for the purposes of that subsection to be, un-             45
til January 1, 2001 or such other date as is


74


prescribed,  the  holder  of  a  licence  under
which the person may possess the firearm.

  (3) Every person who, at any time between
the coming into force of subsection 91(1),
92(1)  or 94(1)  and the  later of January  1,             5
1998 and such other date as is prescribed,
possesses a firearm that, as of that date, is
not a prohibited firearm or a restricted fire-
arm, shall be deemed for the purposes of that
subsection to be, until January  1, 2003 or                10
such other date as is prescribed, the holder of
a registration certificate for that firearm.


          Trafficking Offences

  99. (1) Every person commits an offence
who

  (a) manufactures or transfers, whether or                15
  not for consideration, or

  (b) offers to do anything referred to in par-
  agraph (a) in respect of

a firearm, a prohibited weapon, a restricted
weapon, a prohibited device, any ammuni-                   20
tion or any prohibited ammunition knowing
that the person  is  not authorized to do so
under the Firearms Act or any other Act of
Parliament  or  any  regulations  made  under
any Act of Parliament.                                     25

  (2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding ten years and to a minimum
punishment of imprisonment for a term of                   30
one year.

  100. (1) Every person commits an offence
who possesses a firearm, a prohibited weap-
on, a restricted weapon, a prohibited device,
any ammunition or any prohibited ammuni-                   35
tion for the purpose of

  (a) transferring it, whether or not for con-
  sideration, or

  (b) offering to transfer it,

knowing that the person is not authorized to               40
transfer it under the Firearms Act or any oth-
er Act of Parliament or any regulations made
under any Act of Parliament.


75


  (2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding ten years and to a minimum
punishment of imprisonment for a term of  
one year.

  101. (1) Every person commits an offence
who transfers a firearm, a prohibited weap-
on, a restricted weapon, a prohibited device,
any ammunition or any prohibited ammuni-                   10
tion to any person otherwise than under the
authority of the Firearms Act or any other
Act of Parliament or any regulations made
under an Act of Parliament.

  (2) Every person who commits an offence                  l5
under subsection (1)

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

  (b) is guilty of an offence punishable on                20
  summary conviction.


          Assembling Offence

  102. (1) Every person commits an offence
who, without lawful excuse, alters a firearm
so that it is capable of, or manufactures or
assembles any firearm that is capable of, dis-             25
charging projectiles in rapid succession dur-
ing one pressure of the trigger.

  (2) Every person who commits an offence
under subsection (1)

  (a) is guilty of an indictable offence and               30
  liable to imprisonment for a term not ex-
  ceeding ten years and to a minimum pun-
  ishment of imprisonment for a term of one
  year; or

  (b) is guilty of an offence punishable on                35
  summary conviction and liable to impris-
  onment for a term not exceeding one year.


Export and Import Offences

  103. (l) Every person commits an offence
who imports or exports


76


  (a) a firearm, a prohibited weapon, a re-
  stricted  weapon,  a  prohibited  device  or
  any prohibited ammunition, or

  (b) any component or part designed exclu-
  sively for use in the manufacture of or as-            5
  sembly into an automatic firearm,

knowing that the person is not authorized to
do so under the Firearms Act or any other
Act of Parliament or any regulations made
under an Act of Parliament.                               10

  (2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding ten years and to a minimum
punishment of imprisonment for a term of                   15
one year.

  (3) Any proceedings in respect of an of-
fence under subsection (1) may be com-
menced at the instance of the Government of
Canada and conducted by or on behalf of that               20
government.

  104. (1) Every person commits an offence
who imports or exports

  (a) a firearm, a prohibited weapon, a re-
  stricted  weapon,  a  prohibited  device  or             25
  any prohibited ammunition, or

  (b) any component or part designed exc1u-
  sively for use in the manufacture of or as-
  sembly into an automatic firearm,

otherwise than  under the  authority  of the               30
Firearms Act or any other Act of Parliament
or any regulations made under an Act of Par-
liament.

  (2) Every person who commits an offence
under subsection (1)                                       35

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

  (b) is guilty of an offence punishable on
  summary conviction.                                     40

  (3) Any proceedings in respect of an of-
fence  under  subsection  (1)  may  be  com-
menced at the instance of the Government of
Canada and conducted by or on behalf of that
government.                                                45


77


   Offences relating to Lost, Destroyed or
          Defaced Weapons, etc.
  105. (1) Every person commits an offence
who

  (a)  having  lost  a  firearm,  a prohibited
  weapon, a restricted weapon, a prohibited
  device, any prohibited ammunition, an au-                5
  thorization, a licence or a registration cer-
  tificate, or having had it stolen from the
  person's possession, does not with reason-
  able despatch report the  loss to a  peace
  officer, to a firearms officer or a chief fire-          10
  arms officer; or

  (b)  on  finding  a  firearm,  a  prohibited
  weapon, a restricted weapon, a prohibited
  device or any prohibited ammunition that
  the person has reasonable grounds to be-                15
  lieve has been lost or abandoned, does not
  with reasonable despatch  deliver it to  a
  peace officer, a firearms officer or a chief
  firearms officer or report the finding to a
  peace officer, a firearms officer or a chief             20
  firearms officer.

  (2) Every person who commits an offence
under subsection (1)

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-                 25
  ceeding five years; or

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

  106. (1) Every person commits an offence
who                                                       30

  (a) after destroying any firearm, prohibit-
  ed weapon, restricted weapon, prohibited
  device or prohibited ammunition, or

  (b) on becoming aware of the destruction
  of any firearm, prohibited  weapon,  re-               35
  stricted weapon, prohibited device or pro-
  hibited  ammunition  that  was  in   the
  person's possession before its destruction,

does not with reasonable despatch report the
destruction to a peace officer, firearms of-            40
ficer or chief firearms officer.

  (2) Every person who commits an offence
under subsection (1)


78


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

  (b) is guilty of an offence punishable on
  summary conviction.                                     5

  107. (1) Every person commits an offence
who knowingly makes,  before a peace of-
ficer,  firearms  officer or chief firearms of-
ficer, a false report or statement concerning
the loss, theft or destruction of a firearm, a           10
prohibited  weapon,  a  restricted  weapon,  a
prohibited  device,  any  prohibited  ammuni-
tion, an authorization, a licence or a registra-
tion certificate.

  (2) Every person who commits an offence               15
under subsection (1)

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

  (b) is guilty of an offence punishable on             20
  summary conviction.

  (3) In this section, "report" or "statement"
means an assertion of fact, opinion, belief or
knowledge,  whether  material  or  not  and
whether admissible or not.                              25

  108. (1) Every person commits an offence
who, without lawful excuse, the  proof  of
which lies on the person,

  (a)  alters,  defaces  or removes a serial
  number on a firearm; or                               30

  (b) possesses a firearm knowing that the
  serial number on  it has been altered, de-
  faced or removed.

  (2) Every person who commits an offence
under subsection (1)                                    35

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

  (b) is guilty of an offence punishable on
  summary conviction.                                   40

  (3) No person is guilty of an offence under
paragraph (1)(b) by reason only of possess-
ing a firearm the serial number on which has
been altered, defaced or removed, where that


79


serial number has been replaced and a regis-
tration certificate in respect of the firearm
has been issued setting out a new serial num-
ber for the firearm.

  (4) In proceedings  for an  offence under              5
subsection (1), evidence that a person pos-
sesses a firearm the serial number on which
has been wholly or partially obliterated oth-
erwise than through normal use over time is,
in the absence of evidence to the contrary,             10
proof that the person possesses the firearm
knowing that the serial number on it has been
altered, defaced or removed.


            Prohibition Orders

  109. (1) Where a person is convicted, or
discharged under section 736, of                        15

  (a) an indictable offence in the commis-
  sion  of which  violence against a person
  was used, threatened or attempted and for
  which the person may be sentenced to im-
  prisonment for ten years or more,                     20

  (b) an offence under subsection 85(1) (us-
  ing  firearm  in  commission  of offence),
  subsection  85(2) (using imitation  firearm
  in commission of offence), 95(1) (posses-
  sion of prohibited or restricted  firearm             25
  with  ammunition),  99(1)  (weapons  traf-
  ficking), 100(1) (possession for purpose of
  weapons trafficking), 102(1) (making au-
  tomatic firearm), 103(1) (importing or ex-
  porting  knowing  it  is unauthorized)  or            30
  section 264 (criminal harassment),

  (c) an offence relating to the contravention
  of subsection 39(1) or (2) or 48(1) or (2) of
  the Food and Drugs Act or subsection 4(1)
  or (2) or 5(1) of the Narcotic Control Act,           35
  or

  (d) an offence that involves, or the sub-
  ject-matter of which is, a firearm, a cross-
  bow,  a  prohibited  weapon,  a  restricted
  weapon, a prohibited device, any ammuni-              40
  tion, any prohibited ammunition or an ex-
  plosive substance and, at the time of the
  offence, the person was prohibited by any
  order made under this Act or any other Act
  of Parliament  from  possessing  any  such            45
  thing,


80


the court that sentences the person or directs
that  the  person  be  discharged,  as  the case
may be, shall, in addition to any other pun-
ishment that may be imposed for that offence
or any other condition prescribed in the order        5
of discharge, make an order prohibiting the
person from possessing any firearm, cross-
bow, prohibited weapon, restricted weapon,
prohibited  device,  ammunition,  prohibited
ammunition and explosive substance during            10
the period specified in the order as deter-
mined in accordance with subsection (2) or
(3), as the case may be.

  (2) An order made under subsection (1)
shall, in the case of a first conviction for or      15
discharge from the offence to which the or-
der relates, prohibit the person from possess-
ing

  (a)  any  firearm,  other  than  a  prohibited
  firearm  or  restricted  firearm,  and  any         20
  cross-bow, restricted weapon, ammunition
  and explosive substance during the period
  that

    (i) begins on the day on which the order
    is made, and                                      25

    (ii) ends not earlier than ten years after
    the person's release from imprisonment
    after conviction for the offence or, if the
    person is not then imprisoned or subject
    to imprisonment, after the person's con-           30
    viction  for  or  discharge  from  the  of-
    fence; and

  (b) any prohibited firearm, restricted fire-
  arm, prohibited weapon, prohibited device
  and prohibited ammunition for life.                  35 

  (3) An order made under subsection (1)
shall, in any case other than a case described
in subsection  (2),  prohibit the person from
possessing any firearm, cross-bow, restricted
weapon,  ammunition  and  explosive  sub-              40
stance for life.

  (4)  In  subparagraph  (2)(a)(ii),  "release
from  imprisonment"  means  release  from
confinement  by  reason  of  expiration  of
sentence,  commencement  of  statutory  re-            45
lease or grant of parole.


81



  (5) Sections 113 to 117 apply in respect of
every order made under subsection (1).

  110. (1) Where a person is convicted, or
discharged under section 736, of

  (a) an offence, other than an offence re-        5
  ferred to in  paragraph  109(1)(a), in the
  commission of which violence against a
  person was used, threatened or attempted,
  or

  (b) an offence that involves, or the sub-        10
  ject-matter of which is, a firearm, a cross-
  bow, a prohibited  weapon, a restricted
  weapon, a prohibited device, ammunition,
  prohibited  ammunition  or  an  explosive
  substance and, at the time of the offence,       15
  the person was not prohibited by any order
  made under this Act or any other Act of
  Parliament  from  possessing   any  such
  thing,

the court that sentences the person or directs     20
that the person be discharged, as the case
may be, shall, in addition to any other pun-
ishment that may be imposed for that offence
or any other condition prescribed in the order
of discharge, consider whether it is desira-        25
ble, in the interests of the safety of the per-
son or of any other person, to make an order
prohibiting the person from possessing any
firearm,  cross-bow,  prohibited weapon, re-
stricted weapon, prohibited device, ammuni-         30
tion,  prohibited  ammunition  or  explosive
substance, or all such things, and where the
court decides that it is so desirable, the court
shall so order.

  (2) An  order made  under subsection  (1)         35
against a person begins on the day on which
the order is made and ends not later than ten
years after the person's release from impris-
onment after conviction  for the  offence  to
which the order relates or, if the person is not    40
then imprisoned or subject to imprisonment,
after the person's conviction for or discharge
from the offence.

  (3) Where the court does not make an or-
der under subsection (1), or where the court        45
does make such an order but does not prohib-
it the possession of everything referred to in
that subsection, the court shall include in the


82


record a statement of the court's reasons for
not doing so.

  (4)  In  subsection (2), "release from im-
prisonment"  means  release  from  confine-
ment  by  reason  of expiration  of sentence,        5
commencement of statutory release or grant
of parole.

  (5) Sections 113 to 117 apply in respect of
every order made under subsection (1).

  111. (1) A peace officer, firearms officer        10
or chief firearms officer may apply to a pro-
vincial court judge for an order prohibiting a
person from possessing any firearm, cross-
bow, prohibited weapon, restricted weapon,
prohibited  device,  ammunition,  prohibited        15
ammunition  or explosive  substance,  or  all
such  things, where the peace officer, fire-
arms officer or chief firearms officer  be-
lieves on reasonable grounds

  (a) that it is not desirable in the interests of   20
  the safety of the person against whom the
  order is sought or of any other person that
  the  person  against  whom  the  order  is
  sought should possess any such thing; or

  (b) that another person who is prohibited           25
  by any order made under this Act or any
  other Act of Parliament from possessing
  any such thing cohabits with, or is an asso-
  ciate of, the person against whom the or-
  der is sought would or might have access            30
  to any such thing that is in the possession
  of the person against whom the order is
  sought.

  (2)  On  receipt  of  an  application  made
under subsection (1),  the  provincial  court         35
judge shall fix a date for the hearing of the
application and direct that notice of the hear-
ing be given, in such manner as the provin-
cial court judge may specify, to the person
against whom the order is sought.                     40

  (3) Subject to subsection (4), at the hear-
ing of an application made under subsection
(1), the provincial court judge shall hear all
relevant evidence presented by or on behalf           45
of the applicant and the person against whom 
the order is sought.


83


  (4) A provincial court judge may proceed
ex parte to hear and determine an application
made under subsection (1) in the absence of
the person against whom the order is sought
in the same circumstances as those in which           5
a summary conviction court may, under Part
XXVII, proceed with a trial in the absence of
the defendant.

  (5) Where, at the conclusion of a hearing
of an application made under subsection (1),         10
the provincial court judge is satisfied that the
circumstances referred to in paragraph (1)(a)
or (b) exist, the provincial court judge shall
make an order prohibiting the person from
possessing any firearm, cross-bow, prohibit-         15
ed weapon, restricted weapon, prohibited de-
vice, ammunition, prohibited ammunition or
explosive substance, or all such things,          

  (a) where the circumstances referred to in
  paragraph (1)(a) exist, for such period, not       20
  exceeding five years, as is specified in the
  order, beginning on the day on which the
  order is made; or

  (b) where the circumstances referred to in
  paragraph (1)(b) exist, until the expiration       25
  of the order against the other person re-
  ferred to in that paragraph.

  (6) Where a provincial court judge does
not make an order under subsection (1), or
where a provincial court judge does make             30 
such an order but does not prohibit the pos-
session of everything referred to in that sub-
section, the provincial court judge  shall
include  in  the record a statement of the
court's reasons.                                     35

  (7) Sections 113 to 117 apply in respect of
every order made under subsection (5).

  (8) Where a provincial court judge makes
an order under subsection (5), the person to
whom the order relates, or the Attorney Gen-         40
eral, may appeal to the superior court against
the order.

  (9) Where a provincial court judge does
not make an order under subsection (5), the
Attorney General may appeal to the superior          45
court against the decision not to make an or-
der.


84


  (10) The provisions of Part XXVII, except
sections 785 to 812, 816 to 819 and 829 to
838,  apply  in  respect  of an  appeal  made
under subsection (8) or (9), with such modi-
fications as the circumstances require and as        5
if each reference in that Part to the appeal
court were a reference to the superior court.

  (11) In this section and section  112, "pro-
vincial court judge" means a provincial court
judge having jurisdiction in the territorial di-     10
vision where the person against whom the
application for an order was brought resides.

  112. A provincial court judge may, on ap-
plication by the person against whom an or-
der is made under subsection 111(5), revoke          15
the order if satisfied that the circumstances
for which it was made have ceased to exist.

  113. (1) Where a person who is or will be
a person against whom a prohibition order is
made establishes to the satisfaction of a com-       20
petent authority that

  (a) the person needs a firearm or restricted
  weapon to hunt or trap in order to sustain
  the person or the person's family, or

  (b) a prohibition order against the person         25
  would  constitute  a  virtual  prohibition
  against employment in the only vocation
  open to the person,

the competent authority may, notwithstand-
ing that the person is or will be subject to a       30
prohibition order, make an order authorizing
a chief firearms officer or the Registrar to
issue,  in  accordance  with  such  terms  and
conditions  as  the competent authority  con-
siders  appropriate,  an  authorization,  a  li-     35
cence or a registration certificate, as the case
may be, to the person for sustenance or em-
ployment purposes.

  (2) A competent authority may make an
order under subsection (1) only after taking         40
the following factors into account:

  (a) the criminal record, if any, of the per-
  son;

  (b) the nature and circumstances of the of-
  fence, if any, in respect of which the pro-        45
  hibition order was or will be made; and


85


  (c) the safety of the person and of other
  persons.

  (3) Where an order is made under subsec-
tion (1),

  (a) an authorization, a licence or a regis-      5
  tration certificate may not be denied to the
  person in respect of whom the order was
  made solely on the basis of a prohibition
  order against the person or the commission
  of an offence in respect of which a prohi-      10
  bition order was made against the person;
  and

  (b) an authorization and a licence may, for
  the duration of the order, be issued to the
  person in respect of whom the order was          15
  made only for sustenance or employment
  purposes  and,  where  the  order  sets  out
  terms and conditions, only in accordance
  with those terms and conditions,  but,  for
  greater certainty, the authorization or li-      20
  cence  may  also  be  subject to  terms  and
  conditions set by the chief firearms officer
  that are not inconsistent with the purpose
  for which it is issued and any terms and
  conditions set out in the order.                 25

  (4) For greater certainty,  an order under
subsection (1) may be made during proceed-
ings for an order under subsection  109(1),
110(1),  111(5),  117.05(4) or 515(2), para-
graph 737(2)(d) or subsection 810(3).              30

  (5) In this section, "competent authority"
means the competent authority that made or
has jurisdiction to make the prohibition or-
der.

  114. A competent authority that makes a          35
prohibition order against a person may,  in
the order, require the person to surrender to a
peace officer, a firearms officer or a chief
firearms officer

  (a) any thing the possession of which is         40
  prohibited by the order that is in the pos-
  session of the person on the commence-
  ment of the order, and

  (b) every authorization, licence and regis-
  tration certificate relating to any thing the    45
  possession of which is prohibited by the


86


  order  that  is  held  by  the  person  on  the
  commencement of the order,

and where the competent authority does so, it
shall specify in the order a reasonable period
for surrendering such things and documents          5
and during which section  117.01  does not
apply to that person.

  115. (1)   Unless   a   prohibition   order
against a person specifies otherwise, every
thing the possession of which is prohibited        10
by the order that, on the commencement of
the order, is in the possession of the person is
forfeited to Her Majesty.

  (2) Every thing forfeited to Her Majesty
under subsection (1) shall be disposed of or        15
otherwise dealt with as the Attorney General
directs.

  116. Every authorization, licence and re-
gistration certificate relating to any thing the
possession of which is prohibited by a prohi-       20
bition order and issued to a person against
whom the prohibition order is made is, on the
commencement of the prohibition order, re-
voked, or amended, as the case may be, to
the extent of the prohibitions in the order.        25

  117. Where the competent authority that
makes a prohibition order or that would have
had jurisdiction to make the order is, on ap-
plication for an order under this section, sat-
isfied  that a person,  other than  the  person     30
against whom a prohibition order was or will
be made,

  (a) is the owner of any thing that is or may
  be forfeited to Her Majesty under subsec-
  tion 115(1) and is lawfully entitled to pos-      35
  sess it, and

  (b) in the case of a prohibition order under
  subsection 109(1) or 110(1), had no rea-
  sonable grounds to believe that the thing
  would or might be used in the commission          40
  of the offence in respect of which the pro-
  hibition order was made,

the competent authority shall order that the
thing be returned to the owner or the pro-
ceeds of any sale of the thing be paid to that      45
owner or, if the thing was destroyed, that an
amount equal to the value of the thing be
paid to the owner.


87


  117.01 (1) Subject to subsection (4), every
person commits an offence who possesses a
firearm, a cross-bow, a prohibited weapon, a
restricted weapon, a prohibited device, any
ammunition, any prohibited ammunition or          5
an explosive substance while the person is
prohibited from doing so by any order made
under this Act or any other Act of Parlia-
ment.          

  (2) Every person commits an offence who        10
fails to surrender to a peace officer, a fire-
arms officer or a chief firearms officer any
authorization, licence or registration certifi-
cate held by the person when the person is
required to do so by any order made under        15
this Act or any other Act of Parliament.

  (3) Every person who commits an offence
under subsection (1) or (2)

  (a) is guilty of an indictable offence and
  liable to imprisonment for a term not ex-      20
  ceeding ten years; or

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

  (4) Subsection (1) does not apply to a per-
son who possessed a firearm in accordance        25
with an authorization or licence issued to the
person as the result of an order made under
subsection 113(1).

           Search and Seizure
      
  117.02 (1) Where a peace officer believes
on reasonable grounds                             30

  (a) that a weapon, an imitation firearm, a
  prohibited  device,  any  ammunition,  any
  prohibited  ammunition  or  an  explosive
  substance was used in the commission of
  an offence, or                                  35

  (b) that an offence is being committed, or
  has been committed, under any provision
  of this Act that involves, or the subject-
  matter of which is, a firearm, an imitation
  firearm, a cross-bow, a prohibited weapon,       40
  a restricted weapon, a prohibited device,
  ammunition, prohibited ammunition or an
  explosive substance,


88


and evidence of the offence is likely to be    
found on a person,  in a vehicle  or in any    
place or premises  other  than  a  dwelling-
house, the peace officer may, where the con-   
ditions for obtaining a warrant exist but, by      5
reason of exigent circumstances, it would not  
be practicable to obtain  a warrant,  search,
without warrant, the person, vehicle, place or
premises, and seize any thing by means of or
in relation to which that peace officer be-      10
lieves on reasonable grounds the offence is
being committed or has been committed.

  (2) Any thing seized pursuant to subsec-
tion (1) shall be dealt with  in  accordance  
with sections 490 and 491.                       15

  117.03  (1)   Notwithstanding    section
117.02, a peace officer who finds

  (a) a person in possession of a firearm who 
  fails, on demand, to produce, for inspec-
  tion by the peace officer, an authorization     20
  or a licence under which the person may
  lawfully possess the firearm and a regis-
  tration certificate for the firearm, or

  (b) a person in possession of a prohibited
  weapon, a restricted weapon, a prohibited       25
  device or any prohibited ammunition who
  fails, on demand, to produce, for inspec-
  tion by the peace officer, an authorization
  or a licence under which the person may
  lawfully possess it,                            30

may  seize the  firearm,  prohibited weapon,
restricted weapon, prohibited device or pro-
hibited ammunition unless its possession by
the person in the circumstances in which it is
found is authorized by any provision of this      35
Part, or the person is under the direct and
immediate  supervision  of  another  person
who may lawfully possess it.

  (2) Where a person from whom any thing
is seized pursuant to subsection (1) claims       40
the  thing  within fourteen days after the
seizure and produces for inspection by the
peace officer by whom it was seized, or any
other peace officer having custody of it,

  (a) an  authorization or a licence under         45
  which  the  person  is  lawfully  entitled  to
  possess it, and


89


  (b) in the case of a firearm, a registration
  certificate for the firearm,

the thing shall forthwith be returned to that
person.

  (3)  Where  any  thing  seized  pursuant  to       5
subsection (1) is not claimed and returned as
and  when  provided  by  subsection  (2),  a
peace officer shall forthwith take the thing
before a provincial  court  judge, who may,
after affording the person from whom it was         10
seized or its owner, if known, an opportunity
to establish that the person is lawfully enti-
tled to possess it, declare it to be forfeited to
Her Majesty, to be disposed of or otherwise
dealt with as the Attorney General directs.         15

  117.04 (1) Where, pursuant to an applica-
tion made by a peace officer with respect to
any person, a justice is satisfied that there
are reasonable grounds to believe that it is
not desirable in the interests of the safety of     20
the person,  or of any other person, for the
person to possess any weapon, prohibited de-
vice, ammunition, prohibited ammunition or
explosive substance, the justice may issue a
warrant authorizing a peace officer to search       25
for and seize any such thing, and any author-
ization, licence or registration certificate re-
lating to any such thing, that is held by or in
the possession of the person.

  (2) Where, with respect to any person, a          30
peace officer is satisfied that there are rea-
sonable grounds to believe that it is not de-
sirable, in the interests of the safety of the
person or any other person, for the person to
possess any weapon, prohibited device, am-          35
munition,  prohibited  ammunition  or explo-
sive substance, the peace officer may, where
the grounds for obtaining  a warrant under
subsection (1) exist but, by reason of a possi-
ble danger to the safety of that person or any      40
other person, it would not be practicable to
obtain a warrant, search for and seize any
such thing, and any authorization, licence or
registration  certificate relating  to any  such
thing, that is held by or in the possession of      45
the person.
  (3) A peace officer who executes a warrant
referred to in subsection (1) or who conducts
a search without a warrant under subsection


90


(2) shall forthwith make a return to the jus-
tice who issued the warrant or, if no warrant
was issued, to a justice who might otherwise
have issued a warrant, showing

  (a) in the case of an execution of a war-           5
  rant,  the  things  or  documents,  if  any,
  seized  and  the  date  of execution  of the 
  warrant; and

  (b) in the case of a search conducted with-
  out a warrant, the grounds on which it was         10
  concluded that the peace officer was enti-
  tled to conduct the search, and the things  
  or documents, if any, seized.

  (4) Where a peace officer who seizes any
thing under subsection (1) or (2) is unable at       15
the time of the seizure to seize an authoriza-
tion or a licence under which the person from
whom the thing was seized may possess the
thing and, in the case of a seized firearm, a
registration certificate for the firearm, every      20
authorization, licence and registration certif-
icate held by the person is, as at the time of 
the seizure, revoked.

  117.05 (1) Where any thing or document
has been seized under subsection  117.04(1)          25
or (2), the justice who  issued  the  warrant
authorizing the seizure or, if no warrant was 
issued, a justice who might otherwise have
issued a warrant, shall, on application for an
order for the disposition of the thing or docu-      30
ment so seized made by a peace officer with-
in thirty days after the date of execution of 
the warrant or of the seizure without a war-
rant, as the case may be, fix a date for the
hearing of the application and direct that no-       35
tice of the hearing be given to such persons
or in such manner as the justice may specify. 

  (2) A justice may proceed ex parte to hear
and  determine  an  application  made  under
subsection (1) in the absence of the person          40
from  whom  the  thing  or  document  was
seized in the same circumstances as those in
which  a  summary  conviction  court  may,
under Part XXVII, proceed with a trial in the
absence of the defendant.                            45

  (3) At the hearing of an application made
under subsection (1), the justice shall hear all
relevant  evidence,  including  evidence  re-


91


specting the value of the thing in respect of
which the application was made.

  (4) Where, following the hearing of an ap-
plication made under subsection (1), the jus-
tice finds that it is not desirable in the           5
interests  of the safety of the person from
whom the thing was seized or of any other
person  that the person  should possess any
weapon, prohibited device, ammunition, pro-
hibited ammunition and explosive substance,         10
or any such thing, the justice shall

  (a) order that any thing seized be forfeited
  to Her Majesty or be otherwise disposed
  of; and

  (b) where the justice is satisfied that the       15
  circumstances warrant such an action, or-
  der that the possession by that person of
  any weapon,  prohibited device, ammuni-
  tion, prohibited ammunition and explosive
  substance, or of any such thing, be prohib-       20
  ited during any period, not exceeding five
  years, that is specified in the order, begin-
  ning on the making of the order.

  (5) Where a justice does not make an order
under subsection (4), or where a justice does       25
make such an order but does not prohibit the
possession of all of the things referred to in
that subsection, the justice shall include in
the record a statement of the justice's rea-
sons.                                               30

  (6) Sections 113 to 117 apply in respect of
every order made under subsection (4).

  (7) Where a justice makes an order under
subsection (4) in respect of a person, or in
respect of any thing that was seized from a         35
person, the person may appeal to the superior
court against the order.

  (8) Where a justice does not make a find-
ing as described in subsection (4) following
the hearing of an application under subsec-         40
tion (1), or makes the finding but does not
make an order to the effect described in para-
graph (4)(b), the Attorney General may ap-
peal to the superior court against the failure
to make the finding or to make an order to          45
the effect so described.


92


  (9) The provisions of Part XXVII, except
sections 785 to 812, 816 to 819 and 829 to
838, apply in respect of an appeal made
under subsection (7) or (8) with such modifi-
cations as the circumstances require and as if      5
each reference in that Part to the appeal court
were a reference to the superior court.

  117.06 (1) Any thing or document seized
pursuant to subsection  117.04(1) or (2) shall
be returned to the person from whom it was         10
seized if

  (a) no application is made under subsec-
  tion 117.05(1) within thirty days after the
  date of execution of the warrant or of the
  seizure without a warrant, as the case may       15
  be; or

  (b) an application is made under subsec-
  tion 117.05(1) within the period referred
  to in paragraph (a), and the justice does
  not make a finding as described in subsec-       20
  tion 117.05(4).

  (2) Where, pursuant to subsection (1), any
thing is returned to the person from whom it
was seized and an authorization, a licence or
a registration certificate, as the case may be,    25
is revoked pursuant to subsection 117.04(4),
the justice referred to in paragraph (1)(b)
may order that the revocation  be  reversed
and that the authorization, licence or regis-
tration certificate be restored.                   30

           Exempted Persons
      
  117.07 (1) Notwithstanding any other pro-
vision of this Act, but  subject  to  section
117.1, no public officer is guilty of an of-
fence under this Act or the Firearms Act by   
reason only that the public officer                35

  (a) possesses a firearm, a prohibited weap- 
  on, a restricted weapon, a prohibited de-
  vice,  any  prohibited  ammunition  or  an
  explosive substance in the course of or for
  the purpose of the public officer's duties       40
  or employment;

  (b) manufactures or transfers, or offers to
  manufacture or transfer, a firearm, a pro-
  hibited  weapon,  a  restricted  weapon,  a
  prohibited device, any ammunition or any         45


93


  prohibited ammunition in the course of the
  public officer's duties or employment;

  (c) exports or imports a firearm, a prohib-
  ited weapon, a restricted weapon, a pro-
  hibited   device   or  any   prohibited          5
  ammunition in the course of the public of-
  ficer's duties or employment;

  (d) exports or imports a component or part
  designed exclusively for use in the manu-
  facture of or assembly into an automatic        10
  firearm in the course of the public of-
  ficer's duties or employment;

  (e) in the course of the public officer's
  duties or employment, alters a firearm so
  that it is capable of, or manufactures or        15
  assembles any firearm with intent to pro-
  duce a firearm that is capable of, discharg-
  ing projectiles in rapid succession during
  one pressure of the trigger;

  (f) fails to report the loss, theft or finding    20
  of  any  firearm,  prohibited  weapon,  re-
  stricted weapon, prohibited device, ammu-
  nition,    prohibited    ammunition    or
  explosive  substance  that  occurs  in  the
  course of the public officer's duties or em-      25
  ployment or the destruction  of any  such
  thing in the course of the public officer's
  duties or employment; or

  (g) alters a serial number on a firearm in
  the course of the public officer's duties or      30
  employment.

(2) In this section, "public officer" means

  (a) a peace officer;

  (b) a member of the Canadian Forces or of
  the armed forces of a  state  other  than         35
  Canada who is attached or seconded to any
  of the Canadian Forces;               

  (c) an operator of a museum established by
  the Chief of the Defence Staff or a person
  employed in any such museum;                      40

  (d)  a  member  of  a  cadet  organization
  under the control  and supervision of the
  Canadian Forces ;

  (e) a person training to become a police
  officer or a peace officer under the control      45
  and supervision of


94


    (i) a police force, or

    (ii) a police academy or similar institu-
    tion designated by the Attorney General
    of Canada or the Lieutenant Governor in
    Council of a province;                           5

  (f) a member of a visiting force, within the
  meaning  of  section  2  of  the  Visiting
  Forces Act, who is authorized under para-
  graph 14(a) of that Act to possess and car-
  ry explosives, ammunition and firearms;           10

  (g) a person, or member of a class of per-
  sons, employed in the public  service  of
  Canada or by the government of a prov-
  ince or municipality who is prescribed to
  be a public officer; or                           15

  (h) a chief firearms officer and any fire-
  arms officer.

  117.08 Notwithstanding any other provi-
sion of this Act, but subject to section 117.1,
no individual is guilty of an offence under        20
this Act or the Firearms Act by reason only
that the individual

  (a) possesses a firearm, a prohibited weap-
  on, a restricted weapon,  a prohibited de-
  vice,  any  prohibited  ammunition  or  an        25
  explosive substance,

  (b) manufactures or transfers, or offers to
  manufacture or transfer, a firearm, a pro-
  hibited  weapon,  a  restricted  weapon,  a
  prohibited device, any ammunition or any          30
  prohibited ammunition,

  (c) exports or imports a firearm, a prohib-
  ited weapon, a restricted weapon,  a pro-
  hibited   device   or   any   prohibited
  ammunition,                                       35

  (d) exports or imports a component or part
  designed exclusively for use in the manu-
  facture of or assembly into an automatic
  firearm,

  (e) alters a firearm so that it is capable of,    40
  or manufactures or assembles any firearm
  with intent to produce a firearm that is ca-
  pable of, discharging projectiles in rapid
  succession during one pressure of the trig-
  ger,                                              45


95


  (f) fails to report the loss, theft or finding
  of  any  firearm,  prohibited  weapon,  re-
  stricted weapon, prohibited device, ammu-
  nition,    prohibited    ammunition    or
  explosive substance or the destruction of          5
  any such thing, or

  (g) alters a serial number on a firearm,

 if the individual does so on behalf of, and
 under the authority  of,  a police  force,  the
 Canadian Forces, a visiting force, within the     10
 meaning of section 2 of the Visiting Forces
 Act, or a department of the Government of
 Canada or of a province.

  117.09 (1) Notwithstanding any other pro-
vision of this  Act, but subject  to  section       15
117.1, no individual who is the holder of a
licence to possess and acquire restricted fire-
arms and who is employed by a business as
defined in subsection 2(1) of the Firearms
Act that itself is the holder of a licence that     20
authorizes the business to carry out specified 
activities in relation to prohibited firearms,
prohibited  weapons,  prohibited  devices  or
prohibited  ammunition  is  guilty  of an  of-
fence under this Act or the Firearms Act by         25
reason only that the individual, in the course  
of the individual's duties or employment in
relation to those specified activities,

  (a) possesses a prohibited firearm, a pro-
  hibited weapon, a prohibited device or any        30
  prohibited ammunition;

  (b) manufactures or transfers, or offers to
  manufacture   or  transfer,   a  prohibited
  weapon, a prohibited device or any pro-
  hibited ammunition;                               35

  (c) alters a firearm so that it is capable of,
  or manufactures or assembles any firearm
  with intent to produce a firearm that is ca-
  pable of, discharging projectiles in rapid
  succession during one pressure of the trig-       40
  ger, or

  (d) alters a serial number on a firearm.

  (2)  Notwithstanding  any  other provision
of this Act, but subject to section 117.1, no


96


individual who is employed by a carrier, as
defined in subsection 2(1) of the Firearms
Act, is guilty of an offence under this Act or
that Act by reason only that the individual, in
the course of the individual's duties or em-          5
ployment, possesses any thing referred to in
paragraph (1)(a) or does anything referred to
in paragraph (1)(b).

  117.1  Sections  117.07  to  117.09  do  not
apply if the public officer or the individual is     10
subject to a prohibition order and acts con-
trary to that order or to an authorization or a
licence issued under the authority of an order
made under subsection 113(1).

                 General

  117.11 Where, in any proceedings for an            15
offence under any of sections 89, 90, 91, 93,
97, 101, 104 and 105, any question arises as
to whether a person is the holder of an au-
thorization, a licence or a registration certifi-
cate, the onus is on the accused to prove that       20
the person is the holder of the authorization,
licence or registration certificate.

  117.12 (1) In any proceedings under this
Act or any other Act of Parliament, a docu-
ment purporting to be an authorization, a li-        25
cence or a registration certificate is evidence
of the statements contained therein.

  (2) In any proceedings under this Act or
any other Act of Parliament, a copy of any
authorization, licence or registration certif-       30
cate is, if certified as a true copy by the Reg-
istrar or a chief firearms officer, admissible
in evidence and, in the absence of evidence
to the contrary, has the same probative force
as the authorization, licence or registration        35
certificate  would  have  had  if  it  had  been
proved in the ordinary way.

  117.13 (1) A certificate purporting to be
signed by an analyst stating that the analyst
has analyzed any weapon, prohibited device,          40
ammunition,  prohibited ammunition  or ex-
plosive substance, or any part or component
of such a thing, and stating the results of the
analysis  is evidence in any  proceedings  in
relation to any of those things under this Act       45
or under section 19 of the Export and Import
Permits Act in relation to subsection 15(2) of


97


that  Act  without  proof of the  signature  or
official character of the person appearing to
have signed the certificate.

  (2) The party against whom a certificate of
an analyst is produced may, with leave of the       5
court, require the attendance of the analyst
for the purposes of cross-examination.

  (3) No certificate of an analyst may be ad-
mitted in evidence unless the party intending
to produce it has, before the trial, given to      10
the party against whom it is intended to be
produced reasonable notice of that intention
together with a copy of the certificate.

  (4) For the purposes of this Act, service of
a certificate of an analyst may be proved by       15
oral evidence given under oath by, or by the
affidavit or solemn declaration of, the person
claiming to have served it.

  (5)  Notwithstanding  subsection  (4),  the
court may require the person who appears to        20
have signed an affidavit or solemn declara-
tion referred to in that subsection to appear
before it for examination or cross-examina-
tion in respect of the issue of proof of ser-
vice.                                              25

  117.14 (1) The Governor in Council may,
by order, declare for any purpose referred to
in subsection (2) any period as an amnesty
period with respect to any weapon, prohibit-
ed device, prohibited ammunition, explosive        30
substance or component or part designed ex-
clusively for use in the manufacture of or
assembly into an automatic firearm.

  (2) An order made under subsection (1)
may declare an amnesty period for the pur-         35
pose of

  (a) permitting any person in possession of
  any thing to which the order relates to do
  anything provided in the order, including,
  without restricting the generality of the        40
  foregoing, delivering the thing to a peace
  officer, a firearms officer or a chief fire-
  arms officer, registering it, destroying it or
  otherwise disposing of it; or

  (b) permitting alterations to be made to         45
  any prohibited firearm, prohibited  weap-


98 


  on, prohibited device or prohibited ammu-
  nition to which the order relates so that it
  no longer qualifies as a prohibited firearm,
  a prohibited weapon, a prohibited device
  or prohibited ammunition, as the case may         5
  be.

  (3) No person who, during an amnesty pe-
riod declared by an order made under sub-   
section (1) and for a purpose described in the 
order, does anything provided for in the or-       10
der,  is,  by reason only of the fact that the
person did that thing, guilty of an offence
under this Part.

  (4) Any proceedings taken under this Part
against any person for anything done by the        15
person in reliance of this section are a nulli- 
ty.                                                   

  117.15 (1) Subject to subsection (2), the
Governor in Council may make regulations 
prescribing anything that by this Part is to be    20
or may be prescribed.                         

  (2) In making regulations, the Governor in
Council may not prescribe any thing to be a  
prohibited  firearm, a restricted  firearm, a    
prohibited  weapon, a restricted  weapon, a        25
prohibited device or prohibited ammunition    
if, in the opinion of the Governor in Council,    
the thing to be prescribed is reasonable for    
use in Canada for hunting or sporting pur-    
poses .                                            30

     RELATED AND CONSEQUENTIAL
  AMENDMENTS TO THE CRIMINAL CODE

  134.  The definition "offence"  in  section
183 of the Act is amended by replacing the    
reference  to, "90  (possession  of prohibited    
weapon),  95  (importing  or  exporting  of   
prohibited  weapon),"  with  a  reference  to      35
"96 (possession of weapon obtained by com-    
mission  of offence),  99  (weapons  traffick-   
ing),   100   (possession   for   purpose   of 
weapons trafficking), 102 (making automat-   
ic  firearm),  103  (importing  or  exporting      40
knowing it is unauthorized), 104 (unautho-  
rized importing or exporting)".            

  135.  Section 220 of the Act is replaced by
the following:                                 


99


  220. Every person who by criminal negli-      
gence  causes  death  to  another  person  is   
guilty of an indictable offence and liable         

(a) where a firearm is used in the commis-
sion of the offence, to imprisonment for           5
life and to a minimum punishment of im-
prisonment for a term of four years; and

(b) in any other case, to imprisonment for
life.


[begin explanatory note]

  Clause 135: Section 220 reads as follows:


  220.  Everyone who by criminal negligence causes death to another
person is guilty of an indictable offence and liable to imprisonment 
for
life.

[end explanatory note]



  136.  Section 236 of the Act is replaced by      10
the following:

  236. Every  person  who  commits  man-     
slaughter is guilty of an indictable offence   
and liable                                          

(a) where a firearm is used in the commis-         15
sion of the offence,  to imprisonment for
life and to a minimum punishment of im-
prisonment for a term of four years; and

(b) in any other case, to imprisonment for
life.                                              20



[begin explanatory note]

  Clause 136: Section 236 reads as follows:

  236. Every one who commits manslaughter is guilty of an indictable
offence and liable to imprisonment for life.

[end explanatory note]



  137.  Section 239 of the Act is replaced by
the following:                                 

  239. Every person who attempts by any
means to commit murder is guilty of an in-    
dictable offence and liable                         25

  (a) where a firearm is used in the commis-
  sion of the offence, to imprisonment for
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in another case, to imprisonment for         30
  life.


[begin explanatory note]

  Clause 137: Section 239 reads as follows:

  239. Everyone who attempts by any means to commit murder is guilty
of an indictable offence and liable to imprisonment for life.

[end explanatory note]


  138.  Section 244 of the Act is replaced by
the following:                                   

  244. Every person who, with intent

  (a) to wound, maim or disfigure any per-          35
  son,

  (b) to endanger the life of any person, or     

  (c) to prevent the arrest or detention of any
  person,

discharges a firearm at any person, whether         40
or not that person is the person mentioned in
paragraph (a), (b) or (c), is guilty of an in-
dictable offence and liable to imprisonment
for a term not exceeding fourteen years and



100


to a minimum punishment of imprisonment
for a term of four years.

  244.1 Every person who, with intent

  (a) to wound, maim or disfigure any per-
  son,                                                 5

  (b) to endanger the life of any person, or

  (c) to prevent the arrest or detention of any
  person,

discharges an air or compressed gas gun or
pistol at any person, whether or not that per-        10
son is the person mentioned in paragraph (a),
(b) or (c), is guilty of an indictable offence
and  liable  to  imprisonment  for  a  term  not
exceeding fourteen years.


[begin explanatory note]

  Clause 138: Section 244.1 is new. Section 244 reads as
follows:

  244, Every one who, with intent

  (a) to wound, maim or disfigure any person,

  (b) to endanger the life of any person, or

  (c) to prevent the arrest or detention of any person,
discharges a firearm, air gun or air pistol at any person, whether or not
that person is the one mentioned in paragraph (a), (b) or (c), is guilty of
an indictable offence and liable to imprisonment for a term not exceed-
ing fourteen years.

[end explanatory note]


  139.  Section 272 of the Act is replaced by          15
the following:                                   

  272. (1) Every person commits an offence
who, in committing a sexual assault,           

  (a) carries, uses or threatens to use a weap-   
 on or an imitation of a weapon;                       20

  (b) threatens to cause bodily harm to a per-
  son other than the complainant;

  (c) causes bodily harm to the complainant;
  or

  (d) is a party to the offence with any other         25
  person.

  (2) Every person who commits an offence
under subsection (1) is guilty of an indictable                
offence and liable                               

  (a) where a firearm is used in the commis-           30
  sion of the offence, to imprisonment for a
  term not exceeding fourteen years and to a
  minimum punishment of imprisonment for
  a term of four years; and

  (b) in any other case, to imprisonment for           35
  a term not exceeding fourteen years.


[begin explanatory note]

  Clause 139: Section 272 reads as follows:

  272. Every one who, in committing a sexual assault,

  (a) carries, uses or threatens to use a weapon or an imitation 
thereof,

  (b) threatens to cause bodily harm to a person other than the 
complainant.

  (c) causes bodily harm to the complainant, or

  (d) is a party to the offence with any other person,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.

[end explanatory note]


  140.  Subsection 273(2)  of the Act is  re-
placed by the following:                        


101


  (2) Every person who commits an aggra-
vated sexual assault is guilty of an indictable
offence and liable

  (a) where a firearm is used in the commis-
  sion of the offence, to imprisonment for          5
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in an other case, to imprisonment for
  life.


[begin explanatory note]

  Clause 140: Subsection 273(2) reads as follows:

  (2) Every one who commits an aggravated sexual assault is guilty of an
indictable offence and liable to imprisonment for life.

[end explanatory note]


  141. Subsection 279(1) of the Act is re-         10
placed by the following:                       

  279. (1) Every person commits an offence
who kidnaps a person with intent               

  (a) to cause the person to be confined or   
  imprisoned against the person's will;            15

  (b) to cause the  person to be unlawfully
  sent or transported out of Canada against
  the person's will; or

  (c) to hold the person for ransom or to
  service against the person's will.               20

  (1.1) Every person who commits an of-
fence under subsection (1) is guilty of an                   
indictable offence and liable                   

  (a) where a firearm is used in the commis-
  sion of the offence, to imprisonment for         25
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in any other case, to imprisonment for
  life.


[begin explanatory note]

  Clause  141:  Subsection  279(1.1) is new.  Subsection
279(1) reads as follows:

  279. (1) Every one who kidnaps a person with intent

  (a) to cause him to be confined or imprisoned against his will,

  (b) to cause him to be unlawfully sent or transported out of Canada
  against his will, or

  (c) to hold him for ransom or to service against his will,
is guilty of an indictable offence and liable to imprisonment for life.

[end explanatory note]


   142. Subsection 279.1(2) of the Act is re-       30
placed by the following:                         

  (2) Every person who takes a person hos-
tage is guilty  of an indictable offence and   
liable

  (a) where a firearm is used in the commis-        35
  sion of the offence, to imprisonment for
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in an other case, to imprisonment for
  life.                                             40


[begin explanatory note]

  Clause 142: Subsection 279.1(2) reads as follows:

  (2) Every one who takes a person hostage is guilty of an indictable
offence and liable to a maximum term of imprisonment for life.

[end explanatory note]


  143. Section 344 of the Act is replaced by
the following:                                 

  344. Every person who commits robbery
is guilty of an indictable offence and liable      


102


  (a) where a firearm is used in the commis-
  sion of the offence, to imprisonment for
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in any other case, to imprisonment for       5
  life.


[begin explanatory note]


  Clause 143: Section 344 reads as follows:

  344.  Every one who commits robbery is guilty of an indictable of-
fence and liable to imprisonment for life.


[end explanatory note]



  144. Subsection 346(1.1) of the Act is re-
placed by the following:                        

  (1.1) Every person who commits extortion
is guilty of an indictable offence and liable      10

  (a) where a firearm is used in the commis-
  sion of the offence, to imprisonment for
  life and to a minimum punishment of im-
  prisonment for a term of four years; and

  (b) in any other case, to imprisonment for        15
  life.


[begin explanatory note]

  Clause 144: Subsection 346( 1.1 ) reads as follows:

  (1.1) Every one who commits extortion is guilty of an indictable of-
fence and liable to a maximum term of imprisonment for life.

[end explanatory note]



  145.  (1) Subparagraph (a)(i) of the defini-
tion  "enterprise  crime  offence"  in  section   
462.3 of the Act is replaced by the follow-    
ing:                                                 20

       (i)  subsection  99(1)  (weapons traf-
       ficking),

       (i.1)  subsection   100(1)  (possession
       for purpose of weapons trafficking),

       (i.2) subsection  102(1) (making auto-        25
       matic firearm),

       (i.3) subsection  103(1) (importing or
       exporting  knowing  it  is  unautho-
       rized),

       (i.4) subsection  104(1) (unauthorized        30
       importing or exporting),

       (i.5) section  119 (bribery of judicial
       officers, etc.),

  (2) The portion of paragraph (b) at the
definition "enterprise crime offence" in sec-         35
tion 462.3 of the Act before subparagraph    
(i) is replaced by the following:                 
                                                  
    (b) an offence against subsection 96(1)
    (possession of weapon obtained by com-
    mission of offence) or section 354 (pos-          40
    session of property obtained by crime),
    committed in relation  to any  property,
    thing  or proceeds  obtained  or diverted
    directly or indirectly as a result of


[begin explanatory note]

  Clause 145: (1) and (2) The relevant portion of the defi-
nition "enterprise crime offence" in section 462.3 reads as
follows:

"enterprise crime offence" means

  (a) an offence against any of the following provision's, namely,
     (i) section 119 (bribery of judicial officers, etc.),
     ...

  (b) an offence against section 354 (possession of property obtained
  by crime), committed in relation to any property, thing or proceeds
  obtained or derived directly or indirectly as a result of

[end explanatory note]


103


  146. Section 491 of the Act is replaced by
the following:

  491. (1) Subject to subsection (2), where
it is determined by a court that

  (a) a weapon, an imitation firearm, a pro-               5
  hibited device, any ammunition, any pro-
  hibited   ammunition   or   an   explosive
  substance was used in the commission of
  an offence and that thing has been seized
  and detained, or                                         10

  (b) that a person has committed an offence
  that  involves,  or  the  subject-matter  of
  which is, a firearm, a cross-bow, a prohib-
  ited  weapon,  a restricted  weapon,  a pro-
  hibited  device,  ammunition,  prohibited                15
  ammunition or an explosive substance and
  any  such  thing  has  been  seized  and de-
  tained,

the thing so seized and detained is forfeited
to Her Majesty and shall be disposed of as                 20
the Attorney General directs.

  (2) If the court by which a determination
referred to in subsection (1) is made is satis-
fied that the lawful owner of any thing that is
or may  be  forfeited  to  Her Majesty  under              25
suhsection (1) was not a party to the offence
and  had  no reasonable  grounds to  believe
that the thing would or might be used in the
commission of an offence, the court shall or-
der that the thing be returned to that lawful              30
owner, that the proceeds of any sale of the
thing be paid to that lawful owner or, if the
thing was destroyed, that an amount equal to
the value of the thing be paid to the owner.

   (3) Where any thing in respect of which                 35
this section applies is sold, the proceeds of
the sale shall be paid to the Attorney General
or, where an order is made under subsection
(2), to the person who was, immediately pri-
or to the sale, the lawful owner of the thing.            40


[begin explanatory note]

  Clause 146: Section 491 reads as follows:

  491. (1) Subject to subsection (2), where it is determined by a court
that a weapon or ammunition was used in the commission of an offence
or that a person has committed an offence under section 91 with respect
to a restricted weapon, and the weapon or ammunition has been seized
and detained, the weapon or ammunition is forfeited and may be dealt
with as the court that makes the determination directs.

  (2) If the court by which a determination referred to in subsection (1)
is made is satisfied that the lawful owner of the weapon or ammunition
was  not a party to the offence and had no reason to believe that the
weapon or ammunition would or might be used in the commission of an
offence, the court shall order the weapon or ammunition returned to the
lawful owner thereof or the proceeds of any sale thereof to be paid to that
owner.

  (3) Where any weapon or ammunition in respect of which this section
applies is sold, the proceeds of the sale shall be paid to the Attorney
General or, where an order is made under subsection (2), to the person
who was, immediately prior to the sale, the lawful owner of the weapon
or ammunition.

[end explanatory note]


  147. Subsection 515(4.1) of the Act is re-
placed by the following:

  (4.1) When making an order under subsec-
tion (2), in the case of an accused who is
charged with                                               45


104


  (a) an offence in the commission of which
  violence   against  a  person   was  used,
  threatened or attempted,

  (b) an offence under section 264 (criminal
  harassment),                                             5

  (c) an offence relating to the contravention
  of subsection 39(1) or (2) or 48(1) or (2) of
  the Food and Drugs Act or subsection 4(1)
  or (2) or 5(1)  of the Narcotic Control Act,
  or                                                       10                  

  (d) an offence that involves, or the sub-
  ject-matter of which is, a firearm, a cross-
  bow,  a  prohibited  weapon,  a  restricted
  weapon, a prohibited device, ammunition,
  prohibited  ammunition  or  an  explosive                15
  substance,

the justice shall consider whether it is desira-
ble, in the interests of the safety of the ac-
cused or of any other person, to add to the
order  a  condition  prohibiting  the  accused             20
from  possessing  any  firearm,  cross-bow,
prohibited  weapon,  restricted  weapon,  pro-
hibited device, ammunition, prohibited am-
munition or explosive substance, or all such
things, until the accused is dealt with accord-            25
ing to law and, where the justice decides that
it is so desirable, the justice shall add such a
condition to the order.

  (4.11) Where the justice adds a condition
described in subsection (4.1) to an order                  30
made under subsection (2), the justice shall
specify in the order the manner and method
by which

  (a)  the  things  referred  to  in  subsection
  (4.1) that are in the possession of the ac-              35
  cused  shall  be  surrendered,  disposed  of,
  detained, stored or dealt with; and

  (b) the authorizations, licences and regis-
  tration certificates held by the person shall
  be surrendered.                                          40

  (4.12) Where the justice does not add a
condition described in subsection (4.1) to an
order made under subsection (2), the justice
shall include in the record a statement of the
reasons for not adding the condition.                      45


[begin explanatory note]

  Clause 147: Subsections 515(4.11) and (4.12) are new.
Subsection 515(4.1) reads as follows:

  (4.1) Before making an order under subsection (2), in the case of an
accused who is charged with an offence in the commission of which
violence against a person was used, threatened or attempted or an of-
fence described in section 264 of this Act, or in subsection 39(1) or (2) or
48(1) or (2) of the Food und Drugs Act or in subsection 4(1) or (2) of the
Narcotic Control Act, the justice shall consider whether it is desirable, in
the  interests  of the safety of the accused or of any other person, to
include as a condition of the order that the accused be prohibited from
possessing any firearm or any ammunition or explosive substance for
any period of time specified in the order and that the accused surrender
any  firearms  acquisition  certificate  that  the  accused  possesses,  and
where the justice decides that it is not desirable, in the interests of the
safety of the accused or of any other person, for the accused to possess
any of those things, the justice may add the appropriate condition to the
order.

[end explanatory note]


105


  148. Items 13 to 16 of the schedule to
Patt XX.1 of the Act are replaced by the
following:
  13. Subsection 85(1)   using firearm in
      commission of offence                                5
  
  13.1  Subsection 85(2) - using imitation
        firearm in commission of offence

  14. Subsection 86(1) - careless use of
      firearm, etc.

  15. Subsection 87(1) - pointing a fire-                  10
      arm

  16. Subsection  88(1)  -  possession of
      weapon for dangerous purpose


[begin explanatory note]

  Clause 148: Item 13.1 of the schedule to Part XX.1 is
new. Items 13 to 16 of that schedule read as follows:

    13. Section 85 - use of firearm during commission of offence. etc.
    14. Paragraph 86(1)(a) - pointing a firearm
    15. Subsection 86(2) - careless use of firearm
    16. Section 87 - possession of weapon or imitation

[end explanatory note]


  149.  Paragraph   (b)  of  the  definition
"sentence"  in section 673  of the Act is  re-             15
placed by the following:

  (b)  an  order  made  under  subsection
  109(1) or 110(1), section 161, subsec-
  tton 194(1) or 259(1) or (2), section 261
  or 462.37, subsection 491.1(2), section                  20
  725, 726 or 727.9, subsection 736(1) or
  section 744, and


[begin explanatory note]

  Clause  149:  The  relevant  portion  of  the  definition
"sentence" in section 673 reads as follows:
"sentence" includes

  ...
  (b) an order made under subsection 100(1) or (2), section 161, sub-
  section 194(1) or 259(1) or (2), section 261 or 462.37, subsection
  491.1(2), section 725, 726 or 727.9, subsection 736(1) or section
  744, and

[end explanatory note]


  150.  Paragraph   (b)  of  the  definition
"sentence" in section 785 of the Act is re-
placed by the following:                                   25

  (b)  an  order  made  under  subsection
  110(1) or 259(1) or (2), section 261 or
  subsection 736(1), and


[begin explanatory note]

  Clause  150:  The  relevant  portion  of  the  definition
"sentence" in section 785 reads as follows:

"sentence" includes

  ...
  (b) an order made under subsection 100(2) or 259(1) or (2), section
  261 or subsection 736(1), and

[end explanatory note]


  151.  Subsection 810(3.1) of the Act is re-
placed by the following:                                   30

  (3.1) Before making an order under sub-
section (3), the justice or the summary con-
viction  court  shall  consider  whether  it  is
desirable, in the interests of the safety of the
defendant or of any other person, to include               35
as a condition of the recognizance that the
defendant be prohibited from possessing any
firearm, cross-bow,  prohibited weapon,  re-
stricted weapon, prohibited device, ammuni-
tion,  prohibited  ammunition  or  explosive               40
substance, or all such things, for any period
specified in the recognizance and, where the
justice or summary conviction court decides


106



that it is so desirable, the justice or summary
conviction court shall add such a condition
to the recognizance.

  (3.11) Where the justice or summary con-
viction court adds a condition described in                5
subsection (3.1) to a recognizance order, the
justice  or  summary  conviction  court  shall
specify in the order the manner and method
by which

  (a) the things referred to in that subsection            10
  that are in the possession of the accused
  shall  be  surrendered,  disposed  of,  de-
  tained, stored or dealt with; and

  (b) the authorizations, licences and regis-
  tration certificates held by the person shall            15
  be surrendered.

  (3.12) Where the justice or summary con-
viction  court does  not add  a condition  de-
scribed in subsection (3.1) to a recognizance
order,  the  justice  or  summary  conviction              20
court shall include in the record a statement
of the reasons for not adding the condition.


[begin explanatory note]

  Clause 151: Subsections 810(3.11) and (3.12) are new.
Subsection 810(3.1) reads as follows:

  (3.1) Before making an order under subsection (3), the justice or the
summary conviction court shall consider whether it is desirable, in the
interests of the safety of the defendant or of any other person, to include
as a condition of the recognizance that the defendant be prohibited from
possessing any firearm or any ammunition or explosive substance for
any period of time specified in the recognizance and that the defendant
surrender any firearms acquisition certificate that the accused possesses
and, where the justice or summary conviction court decides that it is not
desirable, in the interests of the safety of the defendant or of any other
person, for the defendant to possess any of those things, the justice or
summary conviciion court may add the appropriate condition to the re-
cognizance.

[end explanatory note]


      RELATED AND CONSEQUENTIAL
      AMENDMENTS TO OTHER ACTS

    An Act to amend the Criminal Code
          (Offensive Weapons)

  152. Section 2 of An Act to amend the
Criminal  Code  (Offensive  Weapons)  is  re-
pealed.                                                    25

  Criminal Law Amendment Act, 1968-69


[begin explanatory note]

 An Act to amend the Criminal Code (Offensive Weapons)

  Clause 152: Section 2 reads as follows:

  2.  Every permit heretofore issued pursuant to any section repealed by
this Act is hereby cancelled.

[end explanatory note]


  153. Subsection 6(2) of the Criminal Law
Amendment Act, 1968-69 is repealed.

  Criminal Law Amendment Act, 1977


[begin explanatory note]

        Criminal Law Amendment Act, 1968-69

  Clause 153: Subsection 6(2) reads as follows:

  (2) Where any firearms registration certificate or any permit in Form
42, 43, 44 or 45 or to the like or any similar effect was issued before the
coming into force of this section under the authority of the Criminal
Code or any other Act of the Parliament of Canada, the certificate or
permit shall, on the coming into force of this section, be deemed for all
purposes of the Criminal Code to have been issued under section 97 or
98, as the case may be, of the Criminal Code as enacted by this section at
the time when, in fact, it was issued.

[end explanatory note]


  154. Subsections 4(2) and (3) of the Crim-
inal Law Amendment Act, 1977 are repealed.


[begin explanatory note]

         Criminal Law Amendment Act, 1977

  Clause 154: Subsections 4(2) and (3) read as follows:

  (2) Where the Governor in Council, either before or after the coming
into force of this section, by proclamation has declared or declares a
period of time specified in the proclamation to be a firearms amnesty
period, no person who, during such period, delivers a firearm or other
offensive weapon to a peace officer, local registrar of firearms or fire-
arms officer for registration or destruction or other disposition as provid-
ed in the  proclamation  is,  by reason only  of the fact that  he was  in
possession of such firearm or weapon prior to such delivery or by reason
only of the fact that he transported such firearm or other offensive weap-
on for purposes of such delivery, guilty of an offence under any of
sections 83 to 106 of the Criminal Code as they read before the coming
into force of section 3 of this Act or of an offence under Part II.1 of the
Criminal Code as enacted by section 3 of this Act.

  (3) Any proceedings taken under any of sections 83 to 106 of the
Criminal Code before the coming into force of this section against any
person for any action taken by him in reliance on sub-section (2) follow-
ing any proclamation referred to therein are null and void.

[end explanatory note]


  155. Section 48 of the Act is repealed.                  30


[begin explanatory note]

 Clause 155: Section 48 reads as follows:

  48. (1) A permit issued under section 97 of the Criminal Code remains
in force until the expiration of the period for which it is expressed to be
issued unless the permit is sooner revoked in the manner provided by
section 106.4 of the Criminal Code, as enacted by section 3 of this Act,
which, by virtue of this subsection, applies to such permits as if they had
been issued under section 106.2 of the Criminal Code, as enacted by
section 3 of this Act.

  (2) A registration certificate issued under section 98 of the Criminal
code remains in force as if it had been issued under section 106.1 of the
Criminal Code, as enacted by section 3 of this Act and section 106.4 of
the Criminal Code as so enacted applies thereto as if the registration
Certificate had been issued under the said section 106.1.

[end explanatory note]


 An Act to amend the Criminal Code and the
   Customs Tariff in consequence thereof

  156. Section 34 of An Act to amend the
Criminal  Code  and the  Customs  Tariff in
consequence thereof is repealed.


[begin explanatory note]

An Act to amend the Criminal Code and the Customs Tariff
               in consequence thereof

  Clause 156: Section 34 reads as follows:

  34. Notwithstanding subsection 48(1) of the Criminal Law Amend-
ment Act, 1911, a permit issued under subcection 110(5) of the Criminal
Code or under section 97 of the Criminal Code, as that section read
immediately before the coming into force of section 3 of the Criminal
Law Amendment Act, 1911, other than a permit that is expressed to be
issued for a specified period, ceases to be in force or have any effect on
the he day that is ninety days after the date of the coming into force of this
section, unless the permit is revoked before that day.

[end explanatory note]


107


  157.  Subsection  86(2)  of  the  Criminal
Code, as enacted by section 3 of the Act, is
repealed.


[begin explanatory note]

  Clause 157: Subsection 86(2) of the Criminal Code, as
enacted by section 3 of An Act to amend the Criminal Code
and the Customs Tariff in consequence thereof, reads as
follows:

  (2) Every person who uses, carries, handles, ships or stores any fire-
arm or ammunition in a manner that shows wanton or reckless disregard
for the lives or safety of other persons

  (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.

[end explanatory note]


  158.  Subsection  105(4)  of  the  Criminal
Code, as enacted by subsection 39(4) of the                5
Act, is repealed.


[begin explanatory note]

  Clause 158: Subsection 105(4) of the Criminal Code, as
enacted by subsection 39(4) of An Act to amend the Crimi-
nal Code and the Customs Tariff in consequence thereof,
reads as follows:

  (4) No person shall carry on a business described in paragraph (1)(a)
or (b) unless the person holds a permit to carry on that business.

[end explanatory note]


  Corrections and Conditional Release Act

   159.  Paragraph 1(b) of Schedule I to the
Corrections and Conditional Release Act is
replaced by the following:

   (b)  subsection  85(1)  (using  firearm  in             10
   commission of offence);

   (b.1)  subsection  85(2)  (using  imitation
   firearm in commission of offence);


[begin explanatory note]

      Corrections and Conditional Release Act

  Clause 159: The relevant portion of section 1 of Sched-
ule I reads as follows:

  1. An offence under any of the following provisions of the Criminal
Code:

   ...
(b) section 85 (use of firearm during commission of offence);

[end explanatory note]


         Criminal Records Act

  160.  The definition "sentence" in subsec-
tion 2(1) of the Criminal Records Act is re-               15
placed by the following:

"sentence" has the same meaning as in the
  Criminal  Code,  but  does  not  include  an
  order made under section 109, 110 or 259
  of that Act or subsection  147.1(1) of the               20
  National Defence Act.


[begin explanatory note]

               Criminal Records Act

  Clause 160: The definition "sentence" in subsection 2(1)
reads as follows:

"sentence" has the same meaning as in the Criminal Code, but does not
include an order made under section 100 or 259 of that Act.

[end explanatory note]


  161.  Paragraph  5(b)  of  the  Act  is  re-
placed by the following:

  (b) unless the pardon is subsequently re-
  voked or ceases to have effect, vacates the              25
  conviction in respect of which it is granted
  and, without restricting the generality of
  the  foregoing, removes  any disqualifica-
  tion to which the person so convicted is,
  by reason of the conviction, subject by vir-             30
  tue of the provisions of any Act of Parlia-
  ment, other than section 109, 110 or 259 of
  the Criminal Code or subsection  147.1(1)
  of the National Defence Act, or of a regu-
  lation made under an Act of Parliament.                  35


[begin explanatory note]

  Clause 161: The relevant portion of section 5 reads as
follows:

  5.  The pardon
  ...
  (b) unless the pardon is subsequently revoked or ceases to have effect,
  vacates the conviction in respect of which it is granted and, without 
  restricting the generality of the foregoing, removes any disqualifica-
  tion to which the person so convicted is, by reason of the conviction,
  subject by virtue of the provisions of any Act of Parliament, other than 
  section 100 or 259 of the Criminal Code, or of a regulation made under
  an Act of Parliament.

[end explanatory note]


108


  162. Code 9965 of Schedule VII to the
Customs Tariff is replaced by the following:

  9965  1.  For the purposes of this Code:

  (a)  "firearm"  and  "weapon"  have  the
  meanings  assigned  by  section  2  of  the              5
  Criminal Code;

  (b)  "automatic firearm",  "licence",  "pro-
  hibited ammunition", "prohibited device",
  "prohibited  firearm",  "prohibited  weap-
  on",  "restricted  firearm"  and  "restricted            10
  weapon" have the meanings assigned by
  subsection 84(1) of the Criminal Code;

  (c)  "public  officer"  has  the  meaning  as-
  signed  by  subsection  117.07(2)  of  the
  Criminal Code;                                           15

  (d)  "business",  "carrier"  and  "non-resi-
  dent" have the meanings assigned by sub-
  section 2(1) of the Firearms Act; and

  (e)  "visiting  force"  has  the  meaning  as-
  signed by section 2 of the Visiting Forces               20
  Act.

  2.  Firearms, prohibited weapons, restrict-
ed  weapons,  prohibited  devices,  prohibited
ammunition  and  components  or  parts  de-
signed exclusively for use in the manufac-                 25
ture of or assembly into automatic firearms,
in  this  code  referred  to  as  "prohibited
goods", but does not include the following:

  (a) prohibited goods imported by

     (i) a public officer in the course of the             30
     public officer's duties or employment,
     or

     (ii) an individual on behalf of and under
     the authority of a police force, the Cana-
     dian Forces, a visiting force or a depart-            35
     ment of the Government of Canada or of
     a province,

  (b) prohibited goods imported through a
  prescribed port by  a business that meets
  the requirements set out in sections 42, 45              40
  and 46 of the Firearms Act;

  
109


  (c) prohibited goods, or any class of pro-
  hibited goods, that, pursuant to regulations
  made by the Governor in Council, are ex-
  empted from the provisions of this code;
  
  (d) any weapon that, pursuant to subsec- 
  tion 84(3) of the Criminal Code, is deemed
  not to be a firearm;

  (e) any firearm, other than a prohibited
  firearm, imported by

    (i)  a  non-resident  who  meets  ihe  re-
    quirements  of section  34  of the  Fire-
    arms Act, or

    (ii)  an  individual  who holds  a licence
    and  who  meets  the  requirements  of
    paragraphs 39(1)(a) and (c) of that Act 
    and, where the firearm was exported in
    accordance with section  37,  paragraph
    39(1)(b) of that Act;
  
  (g) any prohibited firearm imported by an
  individual who holds a licence and who
  meets  the  requirements  of  paragraphs
  39(1)(a) and (b) and subsection 39(4) of
  the Firearms Act;

  (h) arms, ammunition, implements or
  munitions of war, army, naval or air stores
  and any articles deemed capable of being
  converted into any such things or made
  useful in the production of any such
  things, imported with a permit issued pur-
  suant to section 8 of the Export and Import
  Permits Act;

  (i) arms, military stores, munitions of war
  and other goods eligible for entry  under
  tariff item No. 9810.00.00 or 9811.00.00;
  and                               
  
  (j) arms, military stores, munitions of war,
  or classes thereof, that, pursuant to regula-
  tions made by the Governor in Council,
  are exempted from the provisions of this
  code.                                 


[begin explanatory note]

                  Customs Tariff     

  Clause 162: Code 9965 of Schedule VII reads as fol-
lows:

  9965.  Offensive weapons as defined in the Criminal Code, or parts,
components, accessories, ammunition or large-capacity cartridge
magazines defined as "prohibited weapons" for the purposes of Part III
of that Act, but this code does not affect in any manner:

  (a) arms, ammunition, implements or munitions of war, army, naval or
  air stores, and any articles deemed capable of being converted therein-
  to or made useful in the production thereof, imported with a permit
  issued pursuant to section 8 of the Export and Import Permit Act;

  (b) restricted weapons as defined for the purposes of Part III of the
  Criminal Code imported by

    (i) a person who is not a resident of Canada and who holds a permit
    issued under subsection 110(2.1) or (3) of that Act, or

    (ii) a person who is a resident of Canada and who holds a permit
    issued under subsection 110(3) of that Act or a firearms acquisition
    certificate as defined for the purposes of that Part and a permit
    issued under subsection 110(4) of that Act;

  (c) firearms, other than prohibited or restricted weapons as defined for
  the purposes of Part III of the Criminal Code imported by

    (i) a person who is not a resident of Canada,

    (ii) a person who is a resident of Canada, who acquired the firearms
    outside Canada and who holds a firearms acquisition cenificate as
    defined for the purposes of that Part, or

    (iii) a person who is a resident of Canada and who did not acquire
    the firearm outside Canada;

  (d) firearms, other than prohibited weapons as defined for the purposes
  of Part III of the Criminal Code, and ammunition imported by a person
  holding a permit issued to that person under subsection 110(5) of that
  Act, under which that person is authorized to carry on a business;

  (e) offensive weapons imported by a person referred to in section 98 of
  the Criminal Code;

  (f) barrelled weapons that are deemed by subsection 84(2) of the Crim-
  inal Code, for the purposes of certain provisions of that Act enumerat-
  ed in that subsection, not to be firearms;

  (g) arms, military stores and munitions of war eligible for entry under
  tariff item No. 9810.00.00 or 9811.00.00:

  (h) arms, military stores, munitions of war or offensive weapons ex-
  empted from the provisions of this code in accordance with the regula-
  tions that the Governor in Council may make in any case or class of
  cases; or

  (i) prohibited weapons described in paragraph (f) of the definition of
  that expression in subsection 84(1) of the Criminal Code imported by

    (i) a person who carries on a business described in paragraph
    105(1)(a) of the Criminal Code and imports on behalf of a person to
    whom subsection 90(3.2) of the Criminal Code applies,

    (ii)  a person who carries on a business described in paragraph
    105(1)(b) of the Criminal Code and is designated by the Attorney
    General of a province under subsection 90(3.1) of the Criminal
    Code, or

    (iii) a person who is authorized in writing by a local registrar of
    firearms under paragraph 90(3.2)(a) of the Criminal Code and im-
    ports a weapon in which the authorization applies for personal use in
    shooting competitions designated under that paragraph.

[end explanatory note]

  
              Explosives Act

  163. Section 29 of the Explosives Act is
replaced by the following:


110


  29. Nothing in this Act relieves any per-  
son of the obligation to comply with the re-
quirements of any Act of Parliament relating
to explosives or the requirements of any li-
cense law, or other law or by-law of any            5
province or municipality, lawfully enacted in 
relation  to  explosives,  especially  require-
ments in relation to the possession, storage, 
handling,  sale  or  transportation  of  explo-
sives, or of any liability or punishment im-        10
posed for any contravention thereof.


[begin explanatory note]

                  Explosives Act

Clause 163: Section 29 reads as follows:  

 29.  Nothing in this Act relieves any person of the obligation to com-
ply with the requirements of any licence law, or other law or by-law of   
any province or municipality, lawfully enacted in relation to explosives, 
especially in relation to the possession, storage, handling, sale or trans- 
portation thereof, or of any liability or punishment imposed by that law
or by-law for any contravention thereof.

[end explanatory note]


      Export and Import Permits Act

  164. Section 4.1 of the Export and Import
Permits Act is replaced by the following:
                                         
  4.1 The Governor in Council may estab-
lish a list of countries, to be called an Auto-      15
matic   Firearms   Country   Control   List,   
including therein only countries with which   
Canada  has  an  intergovernmental  defence, 
research,  development  and  production  ar-
rangement  and  to  which  the  Governor  in         20
Council deems it appropriate to permit the
export of                                

  (a) a prohibited firearm described in para-    
  graph (c) or (d) of the definition "prohibit- 
  ed  firearm"  in  subsection  84(1)  of the        25
  Criminal Code,                            
                                           
  (b) a prohibited weapon described in para- 
  graph  (b)  of  the  definition  "prohibited
  weapon" in subsection 84(1) of the Crimi-   
  nal Code, or                                       30

  (c) a prohibited device described in para- 
  graph (a) or (d) of the definition "prohibit-
  ed  device"  in  subsection  84(1)  of the
  Criminal Code,

or any component or part of any such thing,          35
that is included in an Export Control List.


[begin explanatory note]

            Export and Import Permits Act

 Clause 164: Section 4. 1 reads as follows:

 4.1 The Governor in Council may establish a list of countries, to be
called an Automatic Firearms Country Control List, including therein
only countries with which Canada has an intergovernmental defence,
research,  development and  production arrangement and to which the
Governor in Council deems it appropriate  to  permit the export of a
prohibited weapon described in paragraph (c) or (e) of the definition
prohibited weapon" in subsection 84(1) of the Criminal Code, or com-
ponents or parts thereof, that is included in an Export Control List.

[end explanatory note]


  165.  The portion of subsection 7(2) of the
Act before paragraph (a) is replaced by the 
following:                                 

  (2) The Minister may not issue a permit            40
under subsection (1) to export any thing re- 
ferred to in any of paragraphs 4.1(a) to (c)
or any component or part of such a thing


111


that is included in an Export Control List
unless


[begin explanatory note]

  Clause 165:  The relevant portion of subsection 7(2) 
reads as follows:

 (2) The Minister may not issue a permit under subsection (1) to export 
prohibited weapon described in paragraph (c) or (e) of the definition   
"prohibited weapon" in subsection 84(1) of the Criminal Code, or any  
component or part thereof, that is included in an Export Control List  
unless                                                                 

[end explanatory note]


  166.  Subsection  15(2)  of the  Act  is  re- 
placed by the following:                       

  (2) No person shall knowingly do anything           5
in Canada that causes or assists or is intend-
ed to cause or assist any shipment, tranship- 
ment or diversion of any thing referred to in
any of paragraphs 4.1(a) to (c), or any com-
ponent or part designed exclusively for as-          10
sembly into such a thing, that is included in
an Export Control List, from Canada or any  
other place, to any country that is not includ-
ed in an Automatic Firearms Country Con-
trol List                                            15


[begin explanatory note]

  Clause 166: Subsection 15(2) reads as follows:

  (2) No person shall knowingly do anything in Canada that causes or
assists or is intended to cause or assist any shipment, transhipment or
diversion of any prohibited weapon described in paragraph (c) or (e) of
definition "prohibited weapon" in subsection 84(1) of the Criminal
Code, or any component or part designed exclusively for assembly into
such a prohibited weapon, that is included in an Export Control List,
  Canada or any other place, to any country that is not included in an
Automatic Firearms Country Control List.

[end explanatory note]


              Interpretation Act

  167.  Subsection  35(1)  of the  Interpreta- 
tion Act is amended by adding the following
in alphabetical order:                       

"territory"  means  the  Yukon  Territory,  the 
  Northwest Territories and, after section 3           20
  of  the  Nunavut  Act  comes  into  force,   
 Nunavut;                                     


[begin explanatory note]

                 Interpretation Act
  Clause 167: New.

[end explanatory note]


           National Defence Act

  168. (1) Section 2 of the National Defence    
Act is renumbered as subsection 2(1).          

  (2) The definition "possession" in subsec-           25
tion 2(1) of the Act is repealed.

  (3) Section 2 of the Act is amended by   
adding the following after subsection (1):
                                         
  (2) For the purposes of the Code of Ser-
vice Discipline and Part XII,                          30

    (a) a person has anything in possession
    when the person has it in the person's 
    personal possession or knowingly      

       (i) has it in the actual possession or
      custody of another person, or                    35

       (ii) has it in any place, whether or not 
      that place belongs to or is occupied by  
      the person, for the use or benefit of   
      the person or of another person; and   


112


  (b) where one of two or more persons,
  with the knowledge and consent of the
  rest, has anything in the person's custo-
  dy or possession, it shall be deemed to
  be in the custody and possession of each           5
  and all of them.



[begin explanatory note]

              National Defence Act

  Clause 168: (2) The definition "possession" in section 2
reads as follows:

"possession" by any person, for the purpose of the Code of Service
discipline and Part XII, includes

    (a) having in his personal possession,

    (b) knowingly having in the actual possession or custody of another
    person, or

    (c) knowingly having in any place, whether or not that place belongs
    to or is occupied by him, for the use or benefit of himself or of
    another person;

  (3) New.

[end explanatory note]


  169. The Act is amended by adding the  
following after section 147:            

            Prohibition Orders

  147.1 (1) Where a person is convicted by a
court martial of an offence                          10

  (a) in the commission of which violence
  against a person was used, threatened or
  attempted,

  (b) that involves, or the subject-matter of
  which is, a firearm, a cross-bow, a prohib-       15
  ited weapon, a restricted weapon, a pro-
  hibited   device,   any   ammunition,   any
  prohibited  ammunition  or  an  explosive
  substance,

  (c) relating to the contravention of subsec-      20
  tion 39(1) or (2) or 48(1) or (2) of the
  Food and Drugs Act or subsection 4(1) or
  (2) or 5(1) of the Narcotic Control Act, or

  (d) that is punishable under section  130
  and that is described in paragraph                25
  109(1)(b) of the Criminal Code,

the court martial shall, in addition to any oth-
er punishment that may be imposed for that
offence, consider whether it is desirable, in
the interests of the safety of the person or of     30
any other person, to make an order prohibit-
ing the person from possessing any firearm,
cross-bow,   prohibited  weapon,  restricted
weapon, prohibited device, ammunition, pro-
hibited ammunition or explosive substance,          35
or all such things, and where the court mar-
tial decides that it is so desirable, the court
martial shall so order.

  (2) An order made under subsection (1)
begins on the day the order is made and ends        40
on the day specified in the order.

  (3) Unless the order specifies otherwise,
an order made under subsection (1) against a
person does not apply to prohibit the posses-
sion of any thing in the course of the per-         45


113


son's duties or employment as a member of
the Canadian Forces.

  (4)  A court  martial  that  makes an  order
under  subsection  (1)  shall  without  delay
cause  the  Registrar  of Firearms  appointed        5
under section 80 of the Firearms Act to be
notified of the order.

  147.2 A court martial that makes an order
under subsection 147.1(1) may, in the order,
require the person against whom the order is        10
made to surrender to an officer or non-com-
missioned member appointed under the regu-
lations for the purposes of section 156, or to
the person's commanding officer,

  (a) any thing the possession of which is          15
  prohibited by the order that is in the pos-
  session of the person on the commence-
  ment of the order, and

  (b) every authorization, licence and regis-
  tration certificate relating to any thing the     20
  possession of which is prohibited by  the
  order  that  is  held  by the person on the
  commencement of the order,

and where the court martial does so, it shall
specify in the order a reasonable period for        25
surrendering such things and documents and
during which section 117.01 of the Criminal
Code does not apply to that person.

  147.3 (1) Unless an order made under sub-
section 147.1(1) specifies otherwise, every         30
thing the possession of which is prohibited
by the order that, on the commencement of
the order, is in the possession of the person
against whom the order is made is forfeited
to Her Majesty.                                     35

  (2) Every thing forfeited to Her Majesty
under subsection (1) shall be disposed of or
otherwise dealt with as the Minister directs.

  147.4 Every authorization, licence and re-
gistration certificate relating to any thing the     40
possession of which is prohibited by an order
made under subsection 147.1(1) and issued
to a person against whom the order is made
is, on the commencement of the order, re-
voked, or amended, as the case may be, to            45
the extent of the prohibitions in the order.

  147.5 Where the Minister is, on applica-
tion for an order under this section, satisfied


114


that a person, other than the person against   
whom an order under subsection  147.1(1) 
was made,                               

  (a) is the owner of any thing that is or may 
  be forfeited to Her Majesty under subsec-            5
  tion 147.3(1) and is lawfully entitled to
  possess it, and

  (b) had no reasonable grounds to believe
  that the thing would or might be used in
  the commission of the offence in respect           10
  of which the order was made,

the Minister shall order that the thing be re-
turned to the owner or the proceeds of any
sale of the thing be paid to that owner, or, if
the thing was destroyed, that an amount              15
equal to the value of the thing be paid to the
owner.


[begin explanatory note]

  Clause 169: New.

[end explanatory note]


           Young Offenders Act                 

  170.  The definition "disposition" in sub-  
section 2(1) of the  Young Offenders Act is  
replaced by the following:                            20

"disposition"  means  a  disposition  made  
  under any of sections 20, 20.1 and 28 to 
  32, and includes a confirmation or a varia- 
  tion of a disposition;


[begin explanatory note]

                Young Offenders Act
  Clause 170: The definition "disposition" in subsection    
2(1) reads as follows:                                    

"disposition" means a disposition made under section 2O or sections 28 
 to 32 and includes a confirmation or a variation of a disposition;  

[end explanatory note]


  171. Paragraph 20(1)(h) of the Act is re-           25
placed by the following:                   

  (h) subject to section 20.1, make any order 
  of prohibition,  seizure  or  forfeiture  that
  may be imposed under any Act of Parlia-   
  ment  or  any  regulation  made  thereunder         30
  where an accused is found guilty or con-  
  victed of that offence;                  


[begin explanatory note]

  Clause  171: The relevant portion of subsection 20(1)
reads as follows:

  20.(1) Where a youth court finds a young person guilty of an offence,
it shall consider any pre-disposition report required by the court, any
representations made by the parties to the proceedings or their counsel or
agents and by the parents of the young person and any other relevant
information before the court, and the court shall then make any one of
the following dispositions, other than the disposition referred to in para-
graph (k.1), or any number thereof that are not inconsistent with each
other,  and where the offence is first degree murder or second degree
murder within the meaning of section 231 of the Criminal Code, the
court shall make the disposition referred to in paragraph (k.1) and may
make such other disposition as the court considers appropriate:
...
(h) make any order of prohibition, seizure or forfeiture that may be
imposed under any Act of Parliament or any regulation made thereun-
der where an accused is found guilty or convicted of that offence;

[end explanatory note]


  172. The Act is amended by adding the   
following after section 20:              

  20.1   ( 1 )   Notwithstanding   subsection        35
20(1), where a young person is found guilty  
of an offence referred to in any of paragraphs
109(1)(a) to (d)  of the  Criminal  Code,  the
youth court shall, in addition to making any   
disposition  referred to in subsection 20(1),        40
make an order prohibiting the young person   
from  possessing  any  firearm,  cross-bow, 
prohibited  weapon, restricted weapon, pro-
hibited device, ammunition, prohibited am-  
munition and explosive substance during the          45


115


period specified in the order as determined in
accordance with subsection (2).

  (2) An order made under subsection (1)
begins on the day on which the order is made
and ends not earlier than two years after the          5
young  person's  release from custody after
being found guilty of the offence or, if the
young person is not then in custody or sub-
ject to custody, after the time the young per-
son is found guilty of or discharged from the         10
offence.

  (3)   Notwithstanding   subsection   20(1),
where a young person is found guilty of an
offence referred to in paragraph 110(1)(a) or
(b) of the Criminal Code, the youth court             15
shall, in addition to making any disposition
referred  to  in  subsection  20(1),  consider
whether it is desirable, in the interests of the
safety of the person or of any other person, to
make an order prohibiting the person from             20
possessing any firearm, cross-bow, prohibit-
ed weapon, restricted weapon, prohibited de-
vice, ammunition, prohibited ammunition or
explosive substance, or all such things, and
where the court decides that it is so desira-         25
ble, the court shall so order.

  (4) An  order made under subsection  (3)
against a young person begins on the day on
which the order is made and ends not later
than two years after the young person's re-           30
lease from custody or, if the young person is
not then  in  custody  or subject to custody,
after  the  time  the  young  person  is  found
guilty of or discharged from the offence.

  (5)  In  subsections  (2)  and  (4),  "release      35
from custody" means a release from custody
in accordance with this Act, other than a re-
lease from custody under subsection 35(1),
and includes the commencement of condition-
al supervision or probation.                          40

  (6) Where a youth court makes an order
under this section,  it shall state its reasons
for making the order in the record of the case
and shall

  (a) provide or cause to be provided a copy          45
  of the order, and


116


  (b) on request, provide or cause to be pro-  
  vided a transcript or copy of the reasons   
  for making the order

to the young person against whom the order
was made, the young person's counsel and                5
parents and the provincial director.

  (7) Where the youth court does not make
an order under subsection (3), or where the   
youth  court  does  make  such  an  order  but 
does  not  prohibit  the  possession  of every-         10
thing referred to in that subsection, the youth  
court shall include in the record a statement   
of the youth court's reasons.

  (8) Sections  113 to  117 of the Criminal    
Code apply in respect of any order made                 15
under this section.

  (9) Before making any order referred to in 
section 113 of the Criminal Code in respect 
of a young person, the youth court may re- 
quire the provincial director to cause to be              20
prepared, and to submit to the youth court, a  
report on the young person.                   


[begin explanatory note]

Clause 172: New.  

[end explanatory note]


  173. Paragraph  26.2(2)(g) of the Act is     
replaced by the following:                  

  (g) not own, possess or have the control of           25  
  any weapon, ammunition, prohibited am-     
  munition, prohibited device or explosive   
  substance, except as authorized by the or-  
  der; and                                   
           

[begin explanatory note]

  Clause 173: The relevant portion of subsection 26.2(2)
reads as follows:

  (2) in setting conditions for the purposes of subsection (1), the youth
court shall include in the order the following conditions, namely, that the
young person
   ...
  (g) not own, possess or have the control of any weapon, as defined in
  section 2 of the Criminal Code, except as authorized by the order; and

[end explanatory note]


  174. Subsection  32(1)  of the Act  is  re-           30   
placed by the following:                       

  32. (1) Where a youth court has made a      
disposition in respect of a young person, oth-   
er   than   a   disposition   under   paragraph   
20(1)(k) or (k.1) or section 20.1, the youth            35 
court shall, on the application of the young  
person, the young person's parents, the At-   
torney  General  or  the  Attorney  General's 
agent or the provincial director, made at any
time after six months from the date of the              40
disposition or, with  leave of a youth court  
judge, at any earlier time, review the disposi- 
tion  if the  court  is  satisfied  that  there  are 
grounds for a review under subsection (2).     


[begin explanatory note]

  Clause 174: Subsection 32(1) reads as follows:        
  32. (1) Where a youth court has made a disposition in respect of a
young person, other than or in addition to a disposition under paragraph
20(1)(k), and other than a disposition under paragraph 2O(i)(k.1), the
youth court shall, on the application of the young person, the young
person's parents, the Attorney General or the Attorney General's agent
or the provincial director, made at any time after six months from the 
date of the disposition or, with leave of a youth court judge, at any earlier 
time, review the disposition if the court is satisfied that there are grounds 
for a review under subsection (2).                                          

[end explanatory note]


  175. The Act is amended by adding the             45 
following after section 32:                


117


  33. (1) A youth court or other court may, 
on application, review an order made under  
section 20.1 at any time after the circum- 
stances set out in subsection 45(1) are real- 
ized in respect of any record in relation to the     5
offence that resulted in the order being made-   
                                                
  (2) In conducting a review under this sec-   
tion, the youth court or other court shall take 
into account                                  
                                               
  (a) the nature and circumstances of the of-       10 
  fence in  respect of which  the order was  
  made ; and                                 
                                                
  (b) the safety of the young person and of
  other persons.

  (3) Where  a youth court or other court           15 
conducts a review under this section, it may, 
after affording the young person, one of the 
young person's parents, the Attorney Gener- 
al or an agent of the Attorney General and
the provincial director an opportunity to be        20
heard,                                      

  (a) confirm the order;                       

  (b) revoke the order; or                      

  (c) vary the order as it considers appropri-   
  ate in the circumstances of the case.             25 

  (4) No variation of an order made under  
paragraph (3)(c) may be more onerous than   
the order being reviewed.  

  (5)  Subsections 32(3) to (5) apply, with   
such modifications as the circumstances re-         30
quire, in respect of a review under this sec-    
tion.


[begin explanatory note]

Clause 175: New.

[end explanatory note]


  176. (1) Paragraph 36(1)(b) of the Act is     
replaced by the following:                     

  (b) all the dispositions made under subsec-       35  
  tion 20(1) in respect of the offence have    
  ceased to have effect,                      

  (2) The portion of subsection 36(3) of the  
Act after paragraph (d) is replaced by the  
following:                                           40

shall contain any question that by its terms    
requires the applicant to disclose that the ap-  
plicant has been charged with or found guilty  
of an offence in respect of which the appli-  


118



cant has, under this Act, been discharged ab-
solutely or has completed all the dispositions
made under subsection 20(1).


[begin explanatory note]

  Clause 176: ( 1 ) The relevant portion of subsection 36(1)
reads as follows:

  36. (1) Subject to section 12 of the Canada Evidence Act, where a
young person is found guilty of an offence, and
  ...
  (b) all the dispositions made under this Act in respect of the offence
  have ceased to have effect,
  the young person shall be deemed not to have been  found guilty or
  convicted of the offence except that

  (2) The  relevant portion  of subsection  36(3) reads  as
follows:

  (3) No application form for or relating to
...
shall contain any question that by  its terms requires the applicant to
disclose that he has been charged with or found guilty of an offence in
respect of which he has, under this Act, been discharged absolutely or
has completed all the dispositions.

[end explanatory note]


  177. Subsection 38(1.1) of the Act is re- 
placed by the following:                             5
 (1.1) Subsection (1) does not apply in re-      
spect of the disclosure of information in the  
course  of the  administration  of justice    
including, for greater certainty, the disclosure 
of information for the purposes of the Fire-
arms Act and Part III of the Criminal Code          10
where it is not the purpose of the disclosure
to make the information known in the com-
munity.


[begin explanatory note]

  Clause 177: Subsection 38(1 .1) reads as follows:            
  (1.1) Subsection (1) does not apply in respect of the disclosure of 
information in the course of the administration of justice where it is not 
the  purpose  of the disclosure  to  make the information  known  in  the  
community.

[end explanatory note]


  178. Section 40 of the Act is amended by            15 
adding the following after subsection (2):  
                                          
  (3) Notwithstanding anything in this Act,  
where a young person is found guilty of an  
offence that results in an order under section
20.1  being made against the young person,          20
the  youth  court may  keep  a record  of the 
conviction and the order until the expiration  
of the order.        

  (4) Any record that is kept under subsec-
tion (3) may be disclosed only to establish          25
the existence of the order in any offence in- 
volving a breach of the order.              
                                                    

[begin explanatory note]

Clause 178: New.                                

[end explanatory note]


   179.  Subsection 44.1 of the Act is     
amended by adding the following after par-   
agraph (i):                                          30
(i.1) to any person for the purposes of the 
Firearms Act;                                


[begin explanatory note]

Clause 179: New.                               

[end explanatory note]


   180. Section 45 of the Act is amended by     
adding the following after subsection (5):     
                                            
  (5.1) For the purposes of this Act, orders           35 
made under section 20.1 shall not be taken  
into account in determining any time period 
referred to in subsection (1).             
                                          

[begin explanatory note]

Clause 180: New.

[end explanatory note]



119




       CONDITIONAL AMENDMENTS        

  181. If Bill  C-7, introduced  during the    
first session  of the  thirty-firth  Parliament
and entitled An Act respecting the control of   
certain drugs, their precursors and other sub- 
stances and to amend certain other Acts and         5 
repeal  the  Narcotic  Control Act  in  conse-  
quence thereof, is assented to, then,         

  (a) on the later of the day on which sec-  
  tions 6 and 7 of that Act come into force 
  and   the   day   on   which   paragraph         10  
  109(1)(c) of the Criminal Code, as enacted 
  by section  133  of this Act,  comes  into 
  force, paragraph  109(1)(c) of the Crimi- 
  nal Code is replaced by the following:   

  (c) an offence relating to the contravention      15  
  of subsection 6(1) or (2) or 7(1) or (2) of     
  the Controlled Drugs and Substances Act,
  or                                         

  (b) on the later of the day on which sec-    
  tions 6 and 7 of that Act come into force         20 
  and   the   day   on   which   paragraph    
  515(4.1)(c) of the Criminal Code, as en-   
  acted by section  147 of this  Act, comes 
  into  force,  paragraph  515(4.1)(c)  of the   
  Criminal Code is replaced by the follow-          25  
  ing:

  (c) an offence relating to the contravention 
  of subsection 6(1) or (2) or 7(1) or (2) of 
  the Controlled Drugs and Substances Act,   
  or                                                30
  
  (c) on the later of the day on which sec-  
  tions 6 and 7 of that Act come into force  
  and   the   day   on   which   paragraph  
  147.1(1)(c) of the National Defence Act, as  
  enacted by section 169 of this Act, comes         35
  into force, paragraph 147.1(1)(c) of the 
  National Defence Act is replaced by the
  following:


120


(c) relating to the contravention of subsec-
tion 6(1) or (2) or 7(1) or (2) of the Con-
trolled Drugs and Substances Act, or


   182.  If Bill C-37, introduced during the   
first session of the thirty-firth Parliament        5
and entitled An Act to amend the Young Of-   
fenders Act and the  Criminal  Code,  is  as- 
sented to, then,                             

  (a) on the later of the day on which sec-    
  tion 26 of that Act comes into force and          10 
  the day on which section 172 of this Act   
  comes into force, paragraph 36(1)(b) of   
  the Young Offenders Act is replaced by the 
  following:

  (b) all the dispositions made under subsec-      15 
  tion 20( 1 ) in respect of the offence, and all
  terms of those dispositions, have ceased to   
  have effect,                                 

  (b) on the later of the day on which sub-   
  section 31(3) of that Act comes into force        20  
  and the day on which section 178 of this    
  Act comes  into force, subsection 45(2.1)  
  of the Young Offenders Act is replaced by 
  the following:                           

  (2.1)  Where  a  special  records  repository      25  
has been established pursuant to subsection   
45.02(1), all records in the central repository  
referred to in subsection 41 (1) that relate to    

  (a) a conviction for first degree murder or   
  second degree murder within the meaning            30
  of section 231 of the Criminal Code,

  (b) an offence referred to in the schedule,
  or

  (c) an order made under section 20.1,

shall, when the circumstances set out in sub-        35
section (1) are realized in respect of the
records, be transferred to that special records
repository.


121


  (c) on the later of the day on which sec-   
  tion 32 of that Act comes into force and   
  the day on which section 178 of this Act     
  comes  into  force,  section  45.03  of  the
  Young Offenders Act is amended by ad-               5
  ding the following after subsection (3):

  (3.1)  A  record  that relates  to  an  order   
made under section 20.1 shall be kept in the  
special records repository until the expira-
tion of the order and shall be destroyed forth-      10
with at that time.                               

  (d) on the later of the day on which sec-   
  tion 32 of that Act comes into force and    
  the day on which section 178 of this Act    
  comes  into  force,  subsection  45.02(4) of       15 
  the Young Offenders Act is amended by    
  adding the following after paragraph (c) :  
                                      
                                     
  (c.1) to establish the existence of the order  
  in any offence involving a breach of the     
  order;                                             20 

  (c.2) for the purposes of the Firearms Act;    

  (e) on the later of the day on which sec-     
  tion 36 of that Act comes into force and    
  the day on which subsection 85(1) of the     
  Criminal Code, as enacted by section 133           25  
  of this Act, comes into force, paragraph     
  1(b) of the schedule to that Act is replaced
  by the following:                            
                                              

  (b)  subsection  85(1)  (using  firearm  in 
  commission of offence)                             30  
                                            
  183. If Bill C-41, introduced during the    
first session of the thirty-fifth Parliament 
and entitled An Act to amend the Criminal  
Code (sentencing) and other Acts in conse- 
quence thereof, is assented to, then,                35

  (a) on the later of the day on which sub-   
  section 5(1) of that Act comes into force  
  and the day on which paragraph (b)  of    
  the definition "sentence" in section 673 of  
  the Criminal Code, as enacted by section           40  
  149 of this Act, comes into force, para-     
  graph  (b) of the definition "sentence" in 


122


section  673  of the  Criminal  Code  is  re-
placed by the following:

  (b)  an  order  made  under  subsection
  109(1) or 110(1), section 161, subsec-
  tion 194( 1 ) or 259( 1 ) or (2), section 261        5
  or 462.37, subsection 491.1 (2) or 730( 1 )
  or section 737, 738, 739, 742.3 or 745.2,
  and

(b) on the later of the day on which sub-
section 5(2) of that Act comes into force             10
and the day on which paragraph (b)  of
the definition "sentence" in section 673 of
the Criminal Code, as enacted by section
149 of this Act, comes into force, para-
graph (b) of the definition "sentence" in             15
section  673  of the  Criminal  Code  is  re-
placed by the following:

  (b)  an  order  made  under  subsection
  109(1) or 110(1), section 161, subsec-
  tion 194(1) or 259(1) or (2), section 261           20
  or  462.37,   subsection   491.1(2)   or
  730(1), section 737, 738, 739, 742.3 or
  745.2 or subsection 747.1 (1), and

(c) if this Act is assented to before the day
on which section  10 of that Act comes              25
into force, items 5 to 10 of Schedule I to
that Act are repealed;

(d)  if subsection  109(1)  of the  Criminal
Code, as enacted by section  133 of this
Act,  comes  into  force  after  the  day  on       30
which section 730 of the Criminal Code, as
enacted by section 6 of that Act, comes
into force, the reference to "section 736"
in subsection 109(1) of the Criminal Code
is  replaced  by  a  reference  to  "section        35
730";

(e)  if subsection  110(1)  of the  Criminal
Code, as enacted by section  133 of this
Act,  comes  into  force  after  the  day  on
which section 730 of the Criminal Code, as          40
enacted by section 6 of that Act, comes
into force, the reference to "section 736"
in subsection 110(1) of the Criminal Code
is  replaced  by  a  reference  to  "section
730"; and                                            45


123


 (f) if subsection  113(4) of the Criminal   
 Code, as enacted by section  133 of this    
 Act,  comes  into  force  after  the  day  on  
 which section 732.1 of the Criminal Code,      
 as enacted by section 6 of that Act, comes         5 
 into force, the reference to "paragraph      
 737(2)(d)"  in  subsection  113(4)  of  the  
 Criminal Code is replaced by a reference     
 to "paragraph 732.1(3)(d)".                 

  184. If Bill C-45, introduced during the         10  
first session  of the  thirty-fifth  Parliament
and entitled An Act to amend the Corrections   
and  Conditional Release Act,  the  Criminal  
Code, the Criminal Records Act, the Prisons  
and Reformatories Act and the  Transfer of         15
Offenders Act, is assented to, then,            

  (a) on the later of the day on which sec-   
  tion 74 of that Act comes into force and  
  the day on which section 169 of this Act    
  comes    into    force,    the    definition    20 
  "sentence" in subsection 2(1) of the Crimi-     
  nal Records Act is replaced by the follow-     
  ing:                                          
                                                
"sentence" has the same meaning as in the   
  Criminal  Code,  but does  not include an        25 
  order made under section 109, 110, 161 or   
  259 of that Act or subsection 147.1(1) of  
  the National Defence Act.                 

 (b) on the later of the day on which sec-   
 tion 75 of that Act comes into force and         30 
 the day on which section 169 of this Act
 comes  into force, paragraph 5(b) of the  
 Criminal Records Act is replaced by the 
 following:                              
                                          
 (b) unless the pardon is subsequently re-        35 
 voked or ceases to have effect, vacates the   
 conviction in respect of which it is granted 
 and, without restricting the generality of  
 the foregoing, removes any disqualifica-   
 tion to which the person so convicted is,         40 
 by reason of the conviction, subject by vir- 
 tue of the provisions of any Act of Parlia- 
 ment, other than section  109,  110,  161  or  
 259 of the Criminal Code or subsection     


124


147.1 ( 1 ) of the National Defence Act, or of
a regulation made under an Act of Parlia-
ment.


  185.  If  section  133  comes  into  force 
before  section  27  of  Schedule  III  to  the      5
Nunavut Act comes into force, then, on the  
day on which section 133 comes into force, 
section 27 of Schedule III to the Nunavut 
Act is repealed.


          COMING INTO FORCE

  186. This Act or any of its provisions or         10
any provision of any other Act enacted or   
amended  by  this  Act, other than sections 
130, 131 and 167, shall come into force on a 
day or days to be fixed by order of the Gov-  
ernor in Council.                                   15







           TABLE OF PROVISIONS
AN ACT RESPECTING FIREARMS AND OTHER WEAPONS

                 SHORT TITLE
  1. Short title

                 INTERPRETATION
  2. Definitions

                  HER MAJESTY
  3. Binding on Her Majesty

                    PURPOSE
  4. Purpose

             AUTHORIZED POSSESSION
        
             Eligibility to Hold Licences
                 General Rules
  5. Public safety
  6. Court orders
  7. Successful completion of safety course

                  Special Cases - Persons
  8. Minors
  9. Businesses
 10. Carriers

 Special Cases - Prohibited Firearms, Weapons, Devices and
                     Ammunition
 11. Prohibited firearms, weapons, devices and ammunition -
     businesses
 12. Prohibited firearms - individuals

             Registration Certificates
 13. Registration certificate
 14. Serial number
 15. Exempted firearms
 16. Only one person per registration certificate
    
     AUTHORIZED TRANSPORTATION OF FIREARMS

 17. Places where prohibited and restricted firearms may be
     possessed
 18. Transporting and using prohibited and restricted firearms
 19. Carrying restricted firearms and pre-February 14, 1995
     handguns



ii


       AUTHORIZED TRANSFERS AND LENDING

              General Provisions
 20. Definition of "transfer"
 21. Mental disorder, etc.

             Authorized Transfers
 22. Authorization to transfer firearms
 23. Authorization to transfer prohibited weapons, devices and
     ammunition
 24. Authorization to transfer ammunition to individuals
 25. Authorization to transfer firearms to the Crown and to the
     police
 26. Chief firearms officer
 27. Permitted purposes
 28. Shooting clubs and shooting ranges
 29. Gun collectors
 30. Registrar
 31. Mail-order transfers of firearms

             Authorized Lending
 32. Authorization to lend
 33. Authorization to lend firearms, etc., to the Crown and to the
     police
    
    AUTHORIZED EXPORTATION AND IMPORTATION
    
                 Individuals
 34. Authorization for non-residents who do not hold a licence to
     import firearms that are not prohibited firearms
 35. Temporary licence and registration certificate
 36. Authorization for non-residents who do not hold a licence to
     export firearms that are not prohibited firearms
 37. Authorization for individuals who hold a licence to export
     firearms
 38. Authorization for individuals to export replica firearms
 39. Authorization for individuals who hold a licence to import
     firearms
 40. Temporary registration certificate
 41. Notification of Registrar
        
                  Businesses
 42. Authorization for businesses to import or export
 43. Authorization to export
 44. Authorization to be produced
 45. Authorization to import



iii


 46. Authorization to be produced
 47. Temporary registration certificate
 48. Separate authorization
 49. Notification of Registrar
 50. Notification of Minister responsible for the Export and
     Import Permits Act
 51. Only at designated customs offices

      LICENCES, REGISTRATION CERTIFICATES AND
               AUTHORIZATIONS

                 Applications
 52. Applications
 53. Further information

                  Issuance
 54. Licences
 55. Authorizations to carry or transport
 56. Conditions
 57. Different registered owner
 58. Issuance of registration certificate
 59. Form
 60. Not transferable
 61. Geographical extent

                     Term
 62. Term of licences
 63. Term of authorizations
 64. Term of registration certificates
 65. Renewal

          Refusal to Issue and Revocation
 66. Licences and authorizations
 67. Registration certificates
 68. Revocation of licence or authorization
 69. Revocation of registration certificate
 70. Notice of refusal to issue or revocation

      International and Interprovincial Carriers
 71. International and interprovincial carriers

        References to Provincial Court Judge
 72. Reference to judge of refusal to issue or revocation, etc.
 73. Hearing of reference
 74. Decision by provincial court judge


iv


   Appeals to Superior Court and Court of Appeal
 75. Appeal to superior court                      
 76. Notice of appeal                             
 77. Disposition of appeal                       
 78. Appeal to court of appeal                  
 79. Application of Part XXVII of the Criminal Code

     CANADIAN FIREARMS REGISTRATION SYSTEM       

              Registrar of Firearms        
 80. Appointment of Registrar of Firearms      

             Records of the Registrar     
 81. Canadian Firearms Registry              
 82. Destruction of records                 
 83. Other records of Registrar            
 84. Records to be transferred            

        Records of Chief Firearms Officers    
 85. Records of chief firearms officers          
 86. Reporting of loss, finding, theft and destruction of firearms     

            Reporting of Prohibitton Orders                       
 87. Reporting of prohibition orders                                 

                Access to Records                              
 88. Right of access                                               

                Electronic Filing                         
 89. Electronic filing                                           
 9O. Records of Registrar                                       

                     Reports                              
 91. Report to Solicitor General                             
 92. Information to be submitted to Registrar                

                  GENERAL                                   

             Agreements with Provinces                
 93. Agreements with provinces                            

                   Other Matters                    
 94. Other obligations not affected                      
 95. Exemptions                                       

                  DELEGATION                          

 96. Designated officers may perform functions of chief firearms   
     officers


v


 97. Designated officers may perform functions of Registrar

                 INSPECTION

 98. Definition of "police officer"
 99. Inspection
100. Duty to assist police officers
101. Warrant required to enter dwelling-house

                  OFFENCES

102. False statements to procure licences, etc.
103. Tampering with licences, etc.
104. Unauthorized possession of ammunition
105. Punishment
106. Contravention of conditions of licences, etc.
107. Punishment
108. Failure to deliver up revoked licence, etc.
l09. Attorney General of Canada may act

                 REGULATIONS

110. Regulations
111. Laying of proposed regulations
112. Exception

            TRANSITIONAL PROVISIONS

                    Licences
113. Firearms acquisition certificates
114. Minors' permits
115. Museum approvals
116. Permits to carry on business
117. Geographical extent
118. Expiration
119. Industrial purpose designations
120. Pending applications

            Registration Certificates
121. Registration certificates
122. Pending applications

        Authorized Transportation of Firearms
123. Permit to carry
124. Temporary permit to carry
125. Permit to transport or convey
126. Expiration
127. Pending applications



vi



128. Shooting club approvals
129. Temporary storage permit

       CONDITIONAL AMENDMENTS TO THIS ACT

130. Conditional amendment re Bill C-7
131. Conditional amendments re Bill C-41

         AMENDMENTS TO THE CRIMINAL CODE

132. Amendments to section 2 of the Criminal Code
133. Amendments to Part III of the Criminal Code

                   PART III

         FIREARMS AND OTHER WEAPONS

                 Interpretation
   84. Definitions

                  Use Offences
   85. Using firearm in commission of offence
   86. Careless use of firearm, etc.
   87. Pointing a firearm

                Possession Offences
   88. Possession of weapon for dangerous purpose
   89. Carrying weapon while attending public meeting
   90. Carrying concealed weapon
   91. Unauthorized possession of firearm
   92. Possession of firearm knowing its possession is unauthorized
   93. Possession at unauthorized place
   94. Unauthorized possession in motor vehicle
   95. Possession of prohibited or restricted firearm with
       ammunition
   96. Possession of weapon obtained by commission of offence
   97. Sale of cross-bow to person without licence
   98. Transitional - licences
  
                Trafficking Offences
   99. Weapons trafficking
  100. Possession for purpose of weapons trafficking
  101. Transfer without authority



vii


                Assembling Offence
  102. Making automatic firearm
  
              Export and Import Offences
  103. Importing or exporting knowing it is unauthorized
  104. Unauthorized importing or exporting
  
    Offences relating to Lost, Destroyed or Defaced Weapons, etc. 
  
  105. Losing or finding
  106. Destroying
  107. False statements
  108. Tampering with serial numher
  
                  Prohibition Orders
  109. Mandatory prohibition order
  110. Discretionary prohibition order
  111. Application for prohibition order
  112. Revocation of prohibition order under s.111(5)
  113. Lifting of prohibition order for sustenance or employment
  114. Requirement to surrender
  115. Forfeiture
  116. Authorizations revoked or amended
  117. Return to owner
  117.01 Possession contrary to order
  
                  Search and Seizure
  l17.02 Search and seizure without warrant where offence
        committed
  117.03 Seizure on failure to produce authorization
  117.04 Application for warrant to search and seize
  117.05 Application for disposition
  117.06 Where no finding or application
  
                    Exempted Persons
  117.07 Public officers
  117.08 Individuals acting for police force, Canadian forces and
         visiting forces
  117.09 Employees of person with licence
  117.1 Restriction

                       General
  117.11 Onus on the accused
  117.12 Authorizations, etc., as evidence



viii



  117.13 Certificate of analyst 
  117.14 Amnesty period       
  117.15 Regulations       

  RELATED AND CONSEQUENTIAL AMENDMENTS TO THE
                CRIMINAL CODE

134 to 151. Consequential amendments to the Criminal Code 

 RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER
                   ACTS

152. An Act to amend the Criminal Code (Offensive Weapons)
153. Criminal Law Amendment Act, 1968-69                 
154 and 155. Criminal Law Amendment Act. 1977
156 to 158. An Act to amend the Criminal Code and the Customs
            Tariff in consequence thereof
159. Corrections and Conditional Release Act
160 and 161. Criminal Records Act
162. Customs Tariff
163. Explosives Act
164 to 166. Export and Import Permits Act
167. Interpretation Act
168 and 169. National Defence Act
170 to 180. Young Offenders Act

          CONDITIONAL AMENDMENTS

181. Bill C-7
182. Bill C-37
183. Bill C-41
184. Bill C-45
185. Nunavut Act

              COMING INTO FORCE

186. Coming into force

