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Order Declaring an Amnesty Period (2020) (SOR/2020-97)

Regulations are current to 2024-11-26 and last amended on 2024-05-09. Previous Versions

Order Declaring an Amnesty Period (2020)

SOR/2020-97

CRIMINAL CODE

Registration 2020-05-01

Order Declaring an Amnesty Period (2020)

P.C. 2020-299 2020-05-01

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 117.14(1)Footnote a of the Criminal CodeFootnote b, makes the annexed Order Declaring an Amnesty Period (2020).

Marginal note:Definitions

1 The following definitions apply in this Order.

specified device

specified device means a prohibited device referred to in item 4 of Part 4 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. (dispositif visé)

specified firearm

specified firearm means a prohibited firearm referred to in any of paragraphs 83(a) to (p) or any of items 87 to 96 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. (arme à feu visée)

Marginal note:Amnesty

  • 2 (1) The amnesty period set out in subsection (3) is declared under section 117.14 of the Criminal Code for

    • (a) a person who

      • (i) on May 1, 2020, owned or possessed a specified firearm and held a licence that was issued under the Firearms Act,

      • (ii) at any time during the amnesty period, is in possession of the specified firearm,

      • (iii) during the amnesty period, continues to hold the licence while in possession of the specified firearm, and

      • (iv) if the specified firearm was, on April 30, 2020, a restricted firearm,

        • (A) held on that day a registration certificate for the specified firearm that was issued under the Firearms Act, or

        • (B) was issued, on or after May 1, 2020, a registration certificate for the specified firearm that they would have been eligible to hold under section 13 of the Firearms Act had the firearm remained a restricted firearm;

    • (b) a person who

      • (i) on May 1, 2020, held a licence that was issued under the Firearms Act,

      • (ii) on or before May 1, 2020, entered into an agreement for the transfer, within the meaning of section 21 of the Firearms Act, to them of a specified firearm that was, on April 30, 2020, a restricted firearm,

      • (iii) on or after May 1, 2020, was issued a registration certificate for the specified firearm that they would have been eligible to hold under section 13 of the Firearms Act had the firearm remained a restricted firearm,

      • (iv) at any time during the amnesty period, is in possession of the specified firearm, and

      • (v) during the amnesty period, continues to hold the licence while in possession of the specified firearm;

    • (c) a person who

      • (i) on May 1, 2020, owned or possessed a specified device, and

      • (ii) at any time during the amnesty period, is in possession of the specified device;

    • (d) a person who

      • (i) at any time during the amnesty period, is in possession of a specified firearm for the sole purpose of storing it on behalf of an owner referred to in paragraph (a) or (b), if storage by them is a condition of that owner’s licence, and

      • (ii) holds a licence that was issued under the Firearms Act that would have permitted them to possess the specified firearm according to its classification on April 30, 2020;

    • (e) a person who

      • (i) at any time during the amnesty period, is in possession of a specified firearm in the course of their duties as an employee of the Bank of Canada who is responsible for the security of the Bank’s facilities, and

      • (ii) holds a licence that was issued under the Firearms Act that would have permitted them to possess the specified firearm according to its classification on April 30, 2020;

    • (f) a person who

      • (i) at any time during the amnesty period, is, for the sole purpose of carrying out a repair or adjustment referred to in subparagraph (2)(d)(i), in temporary possession of a specified firearm referred to in that subparagraph that is owned by a person referred to in paragraph (a), and

      • (ii) holds a licence that was issued under the Firearms Act that would have permitted them to possess the specified firearm according to its classification on April 30, 2020;

    • (g) a person who

      • (i) at any time during the amnesty period, is in possession of a specified firearm or specified device for the sole purpose of destroying it, and

      • (ii) has entered into an agreement with the Government of Canada to destroy specified firearms or specified devices or is acting in the course of their duties, including as an employee or an agent or mandatary, on behalf of a person who has entered into such an agreement;

    • (h) a person who

      • (i) at any time during the amnesty period, is in possession of a specified firearm or specified device for the sole purpose of delivering it to a person referred to in paragraph (g) to be destroyed, and

      • (ii) is

        • (A) an organization, within the meaning of paragraph (a) of the definition organization in section 2 of the Criminal Code, that is authorized under an Act of Parliament to transport firearms, or

        • (B) an employee, a contractor or an agent or mandatary of such an organization — or a subcontractor engaged by any such contractor — if they are acting in the course of their duties or under a contract; and

    • (i) a person who

      • (i) at any time during the amnesty period, is in possession of a specified firearm owned by a person referred to in paragraph (a) or (b) for the sole purpose of deactivating it so that it is no longer a firearm, and

      • (ii) is a business, as defined in subsection 2(1) of the Firearms Act, that holds a licence issued under that Act authorizing the business to possess prohibited firearms for the purpose of deactivating them or any employee of such a business.

  • Marginal note:Purpose

    (2) The purpose of the amnesty period is to

    • (a) permit a person referred to in any of paragraphs (1)(a) to (c) to

      • (i) deactivate the specified firearm so that it is no longer a firearm or deactivate the specified device so that it is no longer a prohibited device,

      • (ii) deliver the specified firearm or specified device to a police officer for destruction or other disposal,

      • (iii) if the person is not the owner of the specified firearm or specified device, deliver it to its owner,

      • (iv) export the specified firearm or specified device in accordance with all applicable legal requirements, including the legal requirements of the country to which it is exported,

      • (v) if the person is a business as defined in subsection 2(1) of the Firearms Act,

        • (A) return the specified firearm or specified device to the manufacturer,

        • (B) deliver the specified firearm or specified device to a person referred to in paragraph (1)(h) for the purpose of shipping the specified firearm or specified device to be destroyed, and

        • (C) deliver the specified firearm or specified device to a carrier, as defined in subsection 2(1) of that Act, for the purpose of shipping the specified firearm or specified device to be destroyed or, in the case of a specified firearm, to be deactivated,

      • (vi) transport the specified firearm or specified device by vehicle, for the purpose of doing any of the things described in subparagraphs (i) to (v), by a route that, in all the circumstances, is reasonably direct, as long as, during transportation,

        • (A) in the case of a firearm, it is unloaded and no ammunition is present in the vehicle,

        • (B) the firearm or device is in the trunk of the vehicle or, if there is no trunk, the firearm or device is not visible from outside the vehicle, and

        • (C) the vehicle is not left unattended,

      • (vii) in the case of a person referred to in paragraph (1)(a) or (b), transport the specified firearm by vehicle, in the manner referred to in subparagraph (vi), for the purpose of

        • (A) storing it in accordance with subparagraph (x), or

        • (B) having it stored by or, following storage, retrieving it from a person referred to in paragraph (1)(d), if the owner first notifies the chief firearms officer for the province in which they reside of the transport,

      • (viii) in the case of a person referred to in paragraph (1)(a), if the specified firearm was, on April 30, 2020, a non-restricted firearm, use it to hunt in the exercise of a right recognized and affirmed by section 35 of the Constitution Act, 1982 or to sustain the person or their family, until they are able to obtain another firearm for that use,

      • (ix) in the case of a person referred to in paragraph (1)(a), transport the specified firearm whose use is permitted under subparagraph (viii) in accordance with section 10 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations for the purpose of doing the thing described in that subparagraph or giving temporary possession of the firearm to a person referred to in paragraph (1)(f), and

      • (x) possess the specified firearm or specified device before doing any of the things described in subparagraphs (i) to (ix), as long as, in the case of a specified firearm, it is stored in accordance with

    • (b) permit a person referred to in paragraph (1)(d) to do the things described in subparagraphs (a)(iii) and (x);

    • (c) permit a person referred to in paragraph (1)(e) to

    • (d) permit a person referred to in paragraph (1)(f) to

      • (i) carry out repairs or adjustments, as necessary for safety reasons, of the specified firearm whose use is permitted under subparagraph (a)(viii) or (c)(i), and

      • (ii) do the things described in subparagraphs (a)(iii) and (x);

    • (e) permit a person referred to in paragraph (1)(g) to

    • (f) permit a person referred to in paragraph (1)(h) to

      • (i) deliver the specified firearm or specified device to a person referred to in paragraph (1)(g) for the purpose of destroying it,

      • (ii) transport the specified firearm or specified device for the purpose of delivering it in accordance with subparagraph (i), and

      • (iii) possess the specified firearm or specified device before doing any of the things described in subparagraph (i) or (ii); and

    • (g) permit a business referred to in paragraph (1)(i) to possess the specified firearm before deactivating it, as long as it is stored in accordance with section 6 of the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

  • Marginal note:Amnesty period

    (3) The amnesty period begins on May 1, 2020 and ends on October 30, 2025.

Previous Version

Marginal note:Coming into force

3 This Order comes into force on the day on which it is made.

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