An Act to amend the Criminal Code (firearms) and the Firearms Act (S.C. 2003, c. 8)
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Assented to 2003-05-13
1995, c. 39FIREARMS ACT
15. Sections 17 and 18 of the Act are replaced by the following:
Marginal note:Places where prohibited and restricted firearms may be possessed
17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.
16. (1) The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Transporting and using prohibited firearms or restricted firearms
19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
(2) Subsection 19(1) of the Act is amended by adding the following after paragraph (a):
(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister;
(3) Subsection 19(2) of the Act is replaced by the following:
Marginal note:Exception for prohibited firearms other than prohibited handguns
(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).
Marginal note:Non-residents
(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.
17. Section 23 of the Act is replaced by the following:
Marginal note:Authorization to transfer firearms
23. (1) A person may transfer a firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
(b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;
(c) the person informs the Registrar of the transfer;
(d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
(e) a new registration certificate for the firearm is issued in accordance with this Act; and
(f) the prescribed conditions are complied with.
Marginal note:Notice
(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.
18. Paragraphs 24(2)(b) and (c) of the Act are replaced by the following:
(c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and
19. Section 26 of the Act is replaced by the following:
Marginal note:Authorization to transfer firearms to the Crown, etc.
26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.
Marginal note:Authorization to transfer prohibited weapons, etc., to the Crown, etc.
(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, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.
20. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:
Marginal note:Chief firearms officer
27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall
(2) Paragraphs 27(b) and (c) of the Act are replaced by the following:
(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
(c) decide whether to approve the transfer and inform the Registrar of that decision; and
21. The portion of section 28 of the Act before paragraph (a) is replaced by the following:
Marginal note:Permitted purposes
28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied
22. Subsection 29(7) of the French version of the Act is replaced by the following:
Marginal note:Non-communication des renseignements
(7) Le ministre provincial n’est pas tenu de communiquer des renseignements qui, à son avis, pourraient menacer la sécurité d’une personne.
23. Subsection 31(2) of the Act is replaced by the following:
Marginal note:Transfers of firearms to the Crown, etc.
(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.
24. Section 32 of the Act is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraph (b).
25. The portion of section 34 of the Act before paragraph (a) is replaced by the following:
Marginal note:Authorization to lend firearms, etc., to the Crown, etc.
34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if
26. (1) Paragraphs 35(1)(a) and (b) of the Act are replaced by the following:
(a) the non-resident is eighteen years old or older;
(b) the non-resident declares the firearm to a customs officer in the prescribed manner and
(i) produces a report in respect of the non-resident that the non-resident has applied for and obtained before the importation from the Registrar after having provided the Registrar with the prescribed information in relation to the non-resident and the firearm proposed to be imported,
(ii) completes the prescribed form containing the prescribed information, or
(iii) satisfies the customs officer that the person has previously declared the firearm to a customs officer, that the declaration was confirmed by a customs officer and that the period provided for by subsection 36(1) in respect of that confirmed declaration has not expired;
(c) in the case of a restricted firearm, the non-resident holds an authorization to transport the restricted firearm; and
(d) a customs officer confirms the declaration referred to in paragraph (b) and the authorization to transport referred to in paragraph (c) in accordance with the regulations.
(2) Subsections 35(2) and (3) of the Act are replaced by the following:
Marginal note:Non-compliance
(2) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c). If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.
27. The Act is amended by adding the following after section 35:
Marginal note:Authorization for non-residents who hold a licence to import firearms
35.1 (1) A non-resident who holds a licence may import a firearm that is not a prohibited firearm if, at the time of importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;
(c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and
(d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.
Marginal note:Authorization for non-residents who hold a licence to import firearms
(2) A non-resident who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner and completes the prescribed form containing the prescribed information;
(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;
(c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and
(d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met and confirms, in accordance with the regulations, the declaration referred to in paragraph (a).
Marginal note:Non-compliance
(3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.
Marginal note:Temporary registration certificate
(4) A declaration that is confirmed in accordance with paragraph (2)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
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