| Page 1 | |
| First Session, Forty-fourth Parliament, | |
| 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023 | |
| STATUTES OF CANADA 2023 | |
| CHAPTER 32 | |
| An Act to amend certain Acts and to make | |
| certain consequential amendments | |
| (firearms) | |
| ASSENTED TO | |
| DECEMBER 15, 2023 | |
| BILL C-21 | |
| Page 2 | |
| SUMMARY | |
| This enactment amends the Criminal Code to, among other | |
| things, | |
| (a) increase, from 10 to 14 years, the maximum penalty of | |
| imprisonment for indictable weapons offences in sections 95, | |
| 96, 99, 100 and 103; | |
| (b) establish a regime that would permit any person to apply | |
| for an emergency prohibition order or an emergency limita- | |
| tions on access order and allow the judge to protect the secu- | |
| rity of the person or of anyone known to them; | |
| (c) deem certain firearms to be prohibited devices for the | |
| purpose of specified provisions; | |
| (d) create new offences for possessing and making available | |
| certain types of computer data that pertain to firearms and | |
| prohibited devices and for altering a cartridge magazine to | |
| exceed its lawful capacity; | |
| (e) include, for interception of private communications pur- | |
| poses, sections 92 and 95 in the definition of “offence” in sec- | |
| tion 183; | |
| (f) authorize employees of certain federal entities who are re- | |
| sponsible for security to be considered as public officers for | |
| the purpose of section 117.07; and | |
| (g) include certain firearm parts to offences regarding | |
| firearms. | |
| The enactment also amends the Firearms Act to, among other | |
| things, | |
| (a) prevent individuals who are subject to a protection order | |
| or who have been convicted of certain offences relating to | |
| domestic violence from being eligible to hold a firearms li- | |
| cence; | |
| (b) transfer authority to the Commissioner of Firearms to ap- | |
| prove, refuse, renew and revoke authorizations to carry re- | |
| ferred to in paragraph 20(a) of the Act; | |
| (c) limit the transfer of handguns only to businesses and ex- | |
| empted individuals and the transfer of cartridge magazines | |
| and firearm parts; | |
| (d) impose requirements in respect of the importation of am- | |
| munition, cartridge magazines and firearm parts; | |
| (e) prevent certain individuals from being authorized to | |
| transport handguns from a port of entry; | |
| (f) require a chief firearms officer to suspend a licence if they | |
| have reasonable grounds to suspect that the licence holder is | |
| no longer eligible for it; | |
| (g) require the delivery of firearms to a peace officer, or their | |
| lawful disposal, if a refusal to issue, or revocation of, a li- | |
| cence has been referred to a provincial court under section 74 | |
| of the Act in respect of those firearms; | |
| Available on the House of Commons website at the following address: | |
| www.ourcommons.ca | |
| 2021-2022-2023 | |
| Page 3 | |
| (h) revoke an individual’s licence if there is reasonable | |
| grounds to suspect that they engaged in an act of domestic | |
| violence or stalking or if they become subject to a protection | |
| order; | |
| (i) authorize the issuance, in certain circumstances, of a con- | |
| ditional licence for the purposes of sustenance; | |
| (j) authorize, in certain circumstances, the Commissioner of | |
| Firearms, the Registrar of Firearms or a chief firearms officer | |
| to disclose certain information to a law enforcement agency | |
| for the purpose of an investigation or prosecution related to | |
| the trafficking of firearms; | |
| (k) provide that the annual report to the Minister of Public | |
| Safety and Emergency Preparedness regarding the adminis- | |
| tration of the Act must include information on disclosures | |
| made to law enforcement agencies and be submitted no later | |
| than May 31 of each year; and | |
| (l) create an offence for a business to advertise a firearm in a | |
| manner that depicts, counsels or promotes violence against a | |
| person, with a few exceptions. | |
| The enactment also amends the Nuclear Safety and Control Act | |
| to, among other things, | |
| (a) provide nuclear security officers and on-site nuclear re- | |
| sponse force members with the authority to carry out the du- | |
| ties of peace officers at high-security nuclear sites; and | |
| (b) permit licensees who operate high-security nuclear sites | |
| to acquire, possess, transfer and dispose of firearms, prohib- | |
| ited weapons and prohibited devices used in the course of | |
| maintaining security at high-security nuclear sites. | |
| The enactment also amends the Immigration and Refugee Pro- | |
| tection Act to | |
| (a) designate the Minister of Public Safety and Emergency | |
| Preparedness as the Minister responsible for the establish- | |
| ment of policies respecting inadmissibility on grounds of | |
| transborder criminality for the commission of an offence on | |
| entering Canada; | |
| (b) specify that the commission, on entering Canada, of cer- | |
| tain offences under an Act of Parliament that are set out in | |
| the regulations is a ground of inadmissibility for a foreign na- | |
| tional; and | |
| (c) correct certain provisions in order to resolve a discrepan- | |
| cy and clarify the rule set out in those provisions. | |
| Finally, the enactment also amends An Act to amend certain | |
| Acts and Regulations in relation to firearms so that certain sec- | |
| tions of that Act come into force on the day on which this enact- | |
| ment receives royal assent. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| SUMMARY | |
| Page 4 | |
| Page 5 | |
| TABLE OF PROVISIONS | |
| An Act to amend certain Acts and to make certain | |
| consequential amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| 0.1 | |
| Transitional Provision | |
| Unlawfully manufactured firearms | |
| 14.1 | |
| Review and Report | |
| Review by House of Commons committee | |
| 14.2 | |
| Firearms Act | |
| Amendments to the Act | |
| 15 | |
| Transitional Provisions | |
| Protection orders | |
| 46 | |
| Registration certificates — handguns | |
| 47 | |
| Pending reference | |
| 48 | |
| Nuclear Safety and Control Act | |
| 49 | |
| Immigration and Refugee Protection | |
| Act | |
| 52 | |
| An Act to amend certain Acts and | |
| Regulations in relation to firearms | |
| 64 | |
| Consequential Amendments | |
| An Act to amend certain Acts and Regulations in relation | |
| to firearms | |
| 65 | |
| Immigration and Refugee Protection Regulations | |
| 67 | |
| 2021-2022-2023 | |
| Page 6 | |
| Coordinating Amendments | |
| Bill S-4 | |
| 70 | |
| Bill C-5 | |
| 71 | |
| 2019, c. 9 | |
| 72 | |
| Related Provision | |
| Rights of Indigenous peoples | |
| 72.1 | |
| Coming into Force | |
| Order in council | |
| 73 | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| TABLE OF PROVISIONS | |
| Page 7 | |
| 70-71 ELIZABETH II – 1-2 CHARLES III | |
| CHAPTER 32 | |
| An Act to amend certain Acts and to make certain | |
| consequential amendments (firearms) | |
| [Assented to 15th December, 2023] | |
| His Majesty, by and with the advice and consent of | |
| the Senate and House of Commons of Canada, | |
| enacts as follows: | |
| R.S., c. C-46 | |
| Criminal Code | |
| Amendments to the Act | |
| 0.1 (1) Section 2.1 of the Criminal Code is re- | |
| placed by the following: | |
| Further definitions — firearms | |
| 2.1 In this Act, ammunition, antique firearm, auto- | |
| matic | |
| firearm, | |
| cartridge | |
| magazine, | |
| cross-bow, | |
| firearm part, handgun, imitation firearm, prohibited | |
| ammunition, prohibited device, prohibited firearm, | |
| prohibited weapon, replica firearm, restricted firearm | |
| and restricted weapon, as well as authorization, li- | |
| cence and registration certificate when used in relation | |
| to those words and expressions, have the same meaning | |
| as in subsection 84(1). | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 0.2 (1) Subsection 83.3(10) of the Act is replaced | |
| by the following: | |
| Conditions — firearms | |
| (10) Before making an order under paragraph (8)(a), the | |
| judge shall consider whether it is desirable, in the inter- | |
| ests of the safety of the person or of any other person, to | |
| include as a condition of the recognizance that the person | |
| be prohibited from possessing any firearm, cross-bow, | |
| prohibited weapon, restricted weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or ex- | |
| plosive substance, or all of those things, for any period | |
| 2021-2022-2023 | |
| Page 8 | |
| specified in the recognizance, and if the judge decides | |
| that it is so desirable, they shall add the condition to the | |
| recognizance. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 1 (1) The definition prohibited firearm in subsec- | |
| tion 84(1) of the Act is amended by striking out | |
| “or” at the end of paragraph (c), by adding “or” | |
| at the end of paragraph (d) and by adding the fol- | |
| lowing after paragraph (d): | |
| (e) any unlawfully manufactured firearm regardless of | |
| the means or method of manufacture; (arme à feu | |
| prohibée) | |
| (2) The definition prohibited firearm in subsection | |
| 84(1) of the Act is amended by striking out “or” at | |
| the end of paragraph (c), by adding “or” at the | |
| end of paragraph (d) and by adding the following | |
| after paragraph (d): | |
| (e) a firearm that is not a handgun and that | |
| (i) discharges centre-fire ammunition in a semi-au- | |
| tomatic manner, | |
| (ii) was originally designed with a detachable car- | |
| tridge magazine with a capacity of six cartridges or | |
| more, and | |
| (iii) is designed and manufactured on or after the | |
| day on which this paragraph comes into force; | |
| (arme à feu prohibée) | |
| (3) The definition prohibition order in subsection | |
| 84(1) of the Act is replaced by the following: | |
| prohibition order means an order made under this Act | |
| or any other Act of Parliament prohibiting a person from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all such things; (ordonnance d’interdiction) | |
| (4) The definition replica firearm in subsection | |
| 84(1) of the Act is replaced by the following: | |
| replica firearm means any device that is designed or in- | |
| tended to exactly resemble, or to resemble with near pre- | |
| cision, a firearm that is designed or adapted to discharge | |
| a shot, bullet or other projectile at a muzzle velocity ex- | |
| ceeding 152.4 m per second and at a muzzle energy | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 0.2-1 | |
| Page 9 | |
| exceeding 5.7 Joules, and that itself is not a firearm, but | |
| does not include any such device that is designed or in- | |
| tended to exactly resemble, or to resemble with near pre- | |
| cision, an antique firearm; (réplique) | |
| (5) Subsection 84(1) of the Act is amended by | |
| adding the following in alphabetical order: | |
| firearm part means a barrel for a firearm, a slide for a | |
| handgun and any other prescribed part, but does not in- | |
| clude, unless otherwise prescribed, a barrel for a firearm | |
| or a slide for a handgun if that barrel or slide is designed | |
| exclusively for use on a firearm that is deemed under | |
| subsection 84(3) not to be a firearm; (pièce d’arme à | |
| feu) | |
| (6) Subsection 84(1) of the Act is amended by | |
| adding the following in alphabetical order: | |
| semi-automatic, in respect of a firearm, means that the | |
| firearm that is equipped with a mechanism that, follow- | |
| ing the discharge of a cartridge, automatically operates to | |
| complete any part of the reloading cycle necessary to pre- | |
| pare for the discharge of the next cartridge; (semi-auto- | |
| matique) | |
| (7) Subsection (1) comes into force on the 30th | |
| day after the day on which this Act receives royal | |
| assent. | |
| (8) Subsections (3) and (5) come into force on a | |
| day or days to be fixed by order of the Governor | |
| in Council. | |
| 1.1 (1) The portion of subsection 99(1) of the Act | |
| after paragraph (b) is replaced by the following: | |
| a prohibited firearm, a restricted firearm, a non-restrict- | |
| ed firearm, a prohibited weapon, a restricted weapon, a | |
| prohibited device, a firearm part, any ammunition 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. | |
| (2) The portion of subsection 99(2) of the Act be- | |
| fore paragraph (a) is replaced by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 1-1.1 | |
| Page 10 | |
| Punishment — firearm | |
| (2) Every person who commits an offence under subsec- | |
| tion (1) when the object in question is a prohibited | |
| firearm, a restricted firearm, a non-restricted firearm, a | |
| prohibited device, a firearm part, any ammunition or any | |
| prohibited ammunition is guilty of an indictable offence | |
| and liable to imprisonment for a term not exceeding 14 | |
| years and to a minimum punishment of imprisonment | |
| for a term of | |
| (3) Subsections (1) and (2) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 1.2 (1) The portion of subsection 100(1) of the Act | |
| before paragraph (a) is replaced by the follow- | |
| ing: | |
| Possession for purpose of weapons trafficking | |
| 100 (1) Every person commits an offence who possesses | |
| a prohibited firearm, a restricted firearm, a non-restrict- | |
| ed firearm, a prohibited weapon, a restricted weapon, a | |
| prohibited device, a firearm part, any ammunition or any | |
| prohibited ammunition for the purpose of | |
| (2) The portion of subsection 100(2) of the Act be- | |
| fore paragraph (a) is replaced by the following: | |
| Punishment — firearm | |
| (2) Every person who commits an offence under subsec- | |
| tion (1) when the object in question is a prohibited | |
| firearm, a restricted firearm, a non-restricted firearm, a | |
| prohibited device, a firearm part, any ammunition or any | |
| prohibited ammunition is guilty of an indictable offence | |
| and liable to imprisonment for a term not exceeding 14 | |
| years and to a minimum punishment of imprisonment | |
| for a term of | |
| (3) Subsections (1) and (2) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 1.3 (1) Subsection 101(1) of the Act is replaced by | |
| the following: | |
| Transfer without authority | |
| 101 (1) Every person commits an offence who transfers | |
| a prohibited firearm, a restricted firearm, a non-restrict- | |
| ed firearm, a prohibited weapon, a restricted weapon, a | |
| prohibited device, a firearm part, any ammunition or any | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 1.1-1.3 | |
| Page 11 | |
| prohibited ammunition to any person otherwise than un- | |
| der the authority of the Firearms Act or any other Act of | |
| Parliament or any regulations made under an Act of Par- | |
| liament. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 1.4 (1) The Act is amended by adding the follow- | |
| ing after section 102: | |
| Computer Data Offence | |
| Possession of computer data | |
| 102.1 (1) Every person commits an offence who pos- | |
| sesses or accesses computer data that pertain to a firearm | |
| — other than a firearm that is deemed under subsection | |
| 84(3) not to be a firearm — or a prohibited device and | |
| that are capable of being used with a 3D printer, metal | |
| milling machine or similar computer system for the pur- | |
| pose of manufacturing or trafficking a firearm or prohib- | |
| ited device derived from that computer data otherwise | |
| than under the authority of the Firearms Act or any oth- | |
| er Act of Parliament or any regulations made under an | |
| Act of Parliament. | |
| Distribution of computer data | |
| (2) Every person commits an offence who distributes, | |
| publishes or makes available computer data that pertain | |
| to a firearm — other than a firearm that is deemed under | |
| subsection 84(3) not to be a firearm — or a prohibited de- | |
| vice and that are capable of being used with a 3D printer, | |
| metal milling machine or similar computer system know- | |
| ing that the computer data are intended to be used for | |
| the purpose of manufacturing or trafficking a firearm or | |
| prohibited device derived from that computer data other- | |
| wise than under the authority of the Firearms Act or any | |
| other Act of Parliament or any regulations made under | |
| an Act of Parliament. | |
| Punishment | |
| (3) Every person who commits an offence under subsec- | |
| tion (1) or (2) | |
| (a) is guilty of an indictable offence and liable to im- | |
| prisonment for a term not exceeding 10 years; or | |
| (b) is guilty of an offence punishable on summary | |
| conviction. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 1.3-1.4 | |
| Page 12 | |
| Definitions of computer data and computer system | |
| (4) In this section, computer data and computer sys- | |
| tem have the same meaning as in subsection 342.1(2). | |
| (2) Subsection (1) comes into force on the 30th | |
| day after the day on which this Act receives royal | |
| assent. | |
| 1.5 (1) Paragraphs 103(1)(a) and (b) of the Act | |
| are replaced by the following: | |
| (a) a prohibited firearm, a restricted firearm, a non- | |
| restricted firearm, a prohibited weapon, a restricted | |
| weapon, a prohibited device, a firearm part or any | |
| prohibited ammunition, or | |
| (b) any component or part, other than a firearm part, | |
| designed exclusively for use in the manufacture of or | |
| assembly into an automatic firearm, | |
| (2) The portion of subsection 103(2) of the Act be- | |
| fore paragraph (a) is replaced by the following: | |
| Punishment — firearm | |
| (2) Every person who commits an offence under subsec- | |
| tion (1) when the object in question is a prohibited | |
| firearm, a restricted firearm, a non-restricted firearm, a | |
| prohibited device, a firearm part or any prohibited am- | |
| munition is guilty of an indictable offence and liable to | |
| imprisonment for a term not exceeding 14 years and to a | |
| minimum punishment of imprisonment for a term of | |
| (3) Subsections (1) and (2) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 1.6 (1) Paragraphs 104(1)(a) and (b) of the Act | |
| are replaced by the following: | |
| (a) a prohibited firearm, a restricted firearm, a non- | |
| restricted firearm, a prohibited weapon, a restricted | |
| weapon, a prohibited device, a firearm part or any | |
| prohibited ammunition, or | |
| (b) any component or part, other than a firearm part, | |
| designed exclusively for use in the manufacture of or | |
| assembly into an automatic firearm, | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 1.4-1.6 | |
| Page 13 | |
| 2 The Act is amended by adding the following af- | |
| ter section 104: | |
| Offence Relating to Altering Cartridge | |
| Magazine | |
| Altering cartridge magazine | |
| 104.1 (1) Every person commits an offence who, with- | |
| out lawful excuse, alters a cartridge magazine that is not | |
| a prohibited device so that it becomes a prohibited de- | |
| vice. | |
| Punishment | |
| (2) Every person who commits an offence under subsec- | |
| tion (1) | |
| (a) is guilty of an indictable offence and liable to im- | |
| prisonment for a term not exceeding five years; or | |
| (b) is guilty of an offence punishable on summary | |
| conviction. | |
| 3 (1) Paragraph 109(1)(b) of the Act is replaced by | |
| (b) an offence under subsection 85(1) (using firearm | |
| in commission of offence), 85(2) (using imitation | |
| firearm in commission of offence), 95(1) (possession | |
| of prohibited or restricted firearm with ammunition), | |
| 99(1) (weapons trafficking), 100(1) (possession for | |
| purpose of weapons trafficking), 102(1) (making auto- | |
| matic firearm), 103(1) (importing or exporting know- | |
| ing it is unauthorized) or 104.1(1) (altering cartridge | |
| magazine) or section 264 (criminal harassment), | |
| (2) Paragraph 109(1)(b) of the Act is replaced by | |
| the following: | |
| (b) an offence under subsection 85(1) (using firearm | |
| in commission of offence), 85(2) (using imitation | |
| firearm in commission of offence), 95(1) (possession | |
| of prohibited or restricted firearm with ammunition), | |
| 99(1) (weapons trafficking), 100(1) (possession for | |
| purpose of weapons trafficking), 102(1) (making auto- | |
| matic firearm), 102.1(1) (possession of computer da- | |
| ta), 102.1(2) (distribution of computer data), 103(1) | |
| (importing or exporting knowing it is unauthorized) or | |
| 104.1(1) (altering cartridge magazine) or section 264 | |
| (criminal harassment), | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 2-3 | |
| Page 14 | |
| 3.1 (1) The portion of subsection 109(1) of the Act | |
| after paragraph (c.1) is replaced by the following: | |
| (d) an offence that involves, or the subject-matter of | |
| which is, a firearm, a cross-bow, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part, any ammunition, any prohibited ammunition or | |
| an explosive 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 possess- | |
| ing any such thing, | |
| the court that sentences the person or directs that the | |
| person be discharged, as the case may be, shall, in addi- | |
| tion to any other punishment that may be imposed for | |
| that offence or any other condition prescribed in the or- | |
| der of discharge, make an order prohibiting the person | |
| from possessing any firearm, cross-bow, prohibited | |
| weapon, restricted weapon, prohibited device, firearm | |
| part, ammunition, prohibited ammunition and explosive | |
| substance during the period specified in the order as de- | |
| termined in accordance with subsection (2) or (3), as the | |
| case may be. | |
| (2) The portion of paragraph 109(2)(a) of the Act | |
| before subparagraph (i) is replaced by the fol- | |
| lowing: | |
| (a) any firearm, other than a prohibited firearm or re- | |
| stricted firearm, and any crossbow, restricted weapon, | |
| firearm part, ammunition and explosive substance | |
| during the period that | |
| (3) Subsection 109(3) of the English version of the | |
| Act is replaced by the following: | |
| Duration of prohibition order — subsequent offences | |
| (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, restrict- | |
| ed weapon, firearm part, ammunition and explosive sub- | |
| stance for life. | |
| (4) Subsections (1) to (3) come into force on a day | |
| to be fixed by order of the Governor in Council. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Section | |
| 3.1 | |
| Page 15 | |
| 3.2 (1) The portion of subsection 110(1) of the Act | |
| after paragraph (a) is replaced by the following: | |
| (b) an offence that involves, or the subject-matter of | |
| which is, a firearm, a cross-bow, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part, ammunition, prohibited ammunition or an ex- | |
| plosive substance and, at the time of the offence, the | |
| person was not prohibited by any order made under | |
| this Act or any other Act of Parliament from possess- | |
| ing any such thing, | |
| the court that sentences the person or directs that the | |
| person be discharged, as the case may be, shall, in addi- | |
| tion to any other punishment that may be imposed for | |
| that offence or any other condition prescribed in the or- | |
| der of discharge, consider whether it is desirable, in the | |
| interests of the safety of the person or of any other per- | |
| son, to make an order prohibiting the person from pos- | |
| sessing any firearm, cross-bow, prohibited weapon, re- | |
| stricted weapon, prohibited device, firearm part, ammu- | |
| nition, prohibited ammunition or explosive substance, or | |
| all such things, and if the court decides that it is so desir- | |
| able, the court shall so order. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 4 (1) The Act is amended by adding the following | |
| after section 110: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 3.1-4 | |
| Page 16 | |
| Application for emergency prohibition order | |
| 110.1 (1) Any person may make an ex parte application | |
| to a provincial court judge for an order prohibiting an- | |
| other person from possessing any firearm, cross-bow, | |
| prohibited weapon, restricted weapon, prohibited device, | |
| ammunition, prohibited ammunition or explosive sub- | |
| stance, or all such things, if the person believes on rea- | |
| sonable grounds that it is not desirable in the interests of | |
| 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. | |
| Hearing in private | |
| (2) The provincial court judge may hold the hearing of an | |
| application made under subsection (1) in private if the | |
| judge considers that it is necessary to protect the security | |
| of the applicant or of anyone known to the applicant. | |
| Emergency prohibition order | |
| (3) If, at the conclusion of a hearing of an application | |
| made under subsection (1), the provincial court judge is | |
| satisfied that the circumstances referred to in that sub- | |
| section exist and that an order should be made without | |
| delay to ensure the immediate protection of any person, | |
| the judge shall make an order prohibiting the person | |
| against whom the order is sought from possessing any | |
| firearm, | |
| cross-bow, | |
| prohibited | |
| weapon, | |
| restricted | |
| weapon, prohibited device, ammunition, prohibited am- | |
| munition or explosive substance, or all such things, for a | |
| period not exceeding 30 days, as is specified in the order, | |
| beginning on the day on which the order is made. | |
| Service of order | |
| (4) A copy of the order shall be served on the person to | |
| whom the order is addressed in the manner that the | |
| provincial court judge directs or in accordance with the | |
| rules of court. | |
| Warrant to search and seize | |
| (5) If a provincial court judge is satisfied by information | |
| on oath that there are reasonable grounds to believe that | |
| a person who is subject to an order made under subsec- | |
| tion (3) possesses, in a building, receptacle or place, any | |
| thing the possession of which is prohibited by the order | |
| and that it is not desirable in the interests of the safety of | |
| the person, or of any other person, for the person to pos- | |
| sess the thing, the judge may issue a warrant authorizing | |
| a peace officer to search the building, receptacle or place | |
| and seize any such thing, and every authorization, licence | |
| or registration certificate relating to any such thing, that | |
| is held by or in the possession of the person. | |
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| Search and seizure without warrant | |
| (6) If, in respect of a person who is subject to an order | |
| made under subsection (3), a peace officer is satisfied | |
| that there are reasonable grounds to believe that it is not | |
| desirable, in the interests of the safety of the person, or of | |
| any other person, for the person to possess any thing the | |
| possession of which is prohibited by the order, the peace | |
| officer may — if the grounds for obtaining a warrant un- | |
| der subsection (5) exist but, by reason of a possible dan- | |
| ger to the safety of the person or any 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 the person. | |
| Return to provincial court judge or justice | |
| (7) A peace officer who executes a warrant referred to in | |
| subsection (5) or who conducts a search without a war- | |
| rant under subsection (6) shall immediately make a re- | |
| turn to the provincial court judge who issued the warrant | |
| or, if no warrant was issued, to a justice who might other- | |
| wise have issued a warrant, showing | |
| (a) in the case of an execution of a warrant, the things | |
| or documents, if any, seized and the date of execution | |
| of the warrant; and | |
| (b) in the case of a search conducted without a war- | |
| rant, the grounds on which it was concluded that the | |
| peace officer was entitled to conduct the search, and | |
| the things or documents, if any, seized. | |
| Return of things and documents | |
| (8) Any things or documents seized under subsection (5) | |
| or (6) from a person against whom an order has been | |
| made under subsection (3) shall be returned to the per- | |
| son and any things or documents surrendered by the per- | |
| son in accordance with the order shall be returned to the | |
| person | |
| (a) if no date is fixed under subsection 110.4(1) for the | |
| hearing of an application made under subsection | |
| 111(1) in respect of the person, as soon as feasible af- | |
| ter the end of the period specified in the order made | |
| against the person under subsection (3); | |
| (b) if a date is fixed for the hearing but no order is | |
| made against the person under subsection 111(5), as | |
| soon as feasible after the final disposition of the appli- | |
| cation; or | |
| (c) despite paragraphs (a) and (b), if the order made | |
| against the person under subsection (3) is revoked, as | |
| soon as feasible after the day on which it is revoked. | |
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| Application of sections 113, 114 and 116 | |
| (9) Sections 113, 114 and 116 apply in respect of every or- | |
| der made under subsection (3). | |
| Definition of provincial court judge | |
| (10) In this section and sections 110.4, 111, 112, 117.0101, | |
| 117.0104, 117.011 and 117.012, provincial court judge | |
| means a provincial court judge having jurisdiction in the | |
| territorial division where the person against whom the | |
| application for an order was brought resides. | |
| Order denying access to information | |
| 110.2 (1) If an order is made under subsection 110.1(3), | |
| a provincial court judge may, on application by the per- | |
| son who applied for the order or on the judge’s own mo- | |
| tion, if the judge considers that it is necessary to protect | |
| the security of the person or of anyone known to the per- | |
| son, make an order prohibiting access to, and the disclo- | |
| sure of, any or all of the following: | |
| (a) any information relating to the order made under | |
| that subsection; | |
| (b) any information relating to a warrant issued under | |
| subsection 110.1(5); | |
| (c) any information relating to a search and seizure | |
| conducted without a warrant under subsection | |
| 110.1(6); and | |
| (d) any information relating to the order made under | |
| this subsection. | |
| Expiry of order | |
| (2) Unless an order made under subsection (1) is re- | |
| voked earlier, it expires on the day on which the order | |
| made under subsection 110.1(3) expires or is revoked. | |
| Exception | |
| (3) Despite subsection (2), if, before the order made un- | |
| der subsection 110.1(3) expires or is revoked, a date is | |
| fixed under subsection 110.4(1) for the hearing of an ap- | |
| plication made under subsection 111(1), an order made | |
| under subsection (1) ceases to have effect on | |
| (a) the date fixed under subsection 110.4(1); or | |
| (b) if the order made under subsection 110.1(3) is re- | |
| voked before that date, the day on which it is revoked. | |
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| Procedure | |
| (4) If an order is made under subsection (1), all docu- | |
| ments relating to, as the case may be, the order made un- | |
| der that subsection, the order made under subsection | |
| 110.1(3), the warrant issued under subsection 110.1(5) or, | |
| in the case of a search and seizure conducted without a | |
| warrant under subsection 110.1(6), the return made un- | |
| der subsection 110.1(7) shall — subject to any terms and | |
| conditions that the provincial court judge considers de- | |
| sirable in the circumstances, including, without limiting | |
| the generality of the foregoing, any term or condition | |
| concerning partial disclosure of a document, deletion of | |
| any information or the occurrence of a condition — be | |
| immediately placed in a packet and sealed by the judge, | |
| and the packet shall be kept in the custody of the court in | |
| a place to which the public has no access or in any other | |
| place that the judge may authorize and shall not be dealt | |
| with except in accordance with the terms and conditions | |
| specified in the order or as varied under subsection (5). | |
| Revocation or variance of order | |
| (5) An application to revoke an order made under sub- | |
| section (1) or vary any of its terms and conditions may be | |
| made to the provincial court judge who made the order | |
| or to another provincial court judge. | |
| Order to delete identifying information | |
| 110.3 (1) If an order is made under subsection 110.1(3) | |
| or 110.2(1), a provincial court judge may, on application | |
| by the person who applied for the order referred to in | |
| subsection 110.1(3) or on the judge’s own motion, if the | |
| judge considers that it is necessary to protect the security | |
| of the person or of anyone known to the person, make an | |
| order, subject to any terms and conditions that the judge | |
| considers desirable in the circumstances, directing that | |
| (a) copies be made of any documents relating to the | |
| order made under subsection 110.1(3) or 110.2(1), as | |
| the case may be, including the order itself; | |
| (b) any information that could identify the person | |
| who applied for the order referred to in subsection | |
| 110.1(3) or anyone known to the person be deleted | |
| from those copies; and | |
| (c) the documents relating to the order made under | |
| subsection 110.1(3) or 110.2(1), as the case may be, in- | |
| cluding the order itself, to which the public has access | |
| or that are made available to or required to be served | |
| on any person are to be the edited copies referred to in | |
| paragraph (b). | |
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| Duration of order | |
| (2) An order made under subsection (1) may be for any | |
| period — definite or indefinite — that the provincial court | |
| judge considers necessary to protect the security of the | |
| person who applied for the order referred to in subsec- | |
| tion 110.1(3) or of anyone known to the person. | |
| Procedure | |
| (3) If an order is made under subsection (1), the origi- | |
| nals of all documents that are the subject of the order | |
| shall — subject to any terms and conditions that the | |
| provincial court judge considers desirable in the circum- | |
| stances — be immediately placed in a packet and sealed | |
| by the judge, and the packet shall be kept in the custody | |
| of the court in a place to which the public has no access | |
| or in any other place that the judge may authorize and | |
| shall not be dealt with except in accordance with the | |
| terms and conditions specified in the order or as varied | |
| under subsection (4). | |
| Revocation or variance of order | |
| (4) An application to revoke an order made under sub- | |
| section (1) or vary any of its terms and conditions may be | |
| made to the provincial court judge who made the order | |
| or to another provincial court judge. | |
| Clarification | |
| (5) For greater certainty, if a date is fixed under subsec- | |
| tion 110.4(1) for the hearing of an application made un- | |
| der subsection 111(1), any order made under this section | |
| that is still in force applies in respect of that hearing. | |
| Order under subsection 111(5) | |
| 110.4 (1) If a provincial court judge makes an order un- | |
| der subsection 110.1(3), the judge may, on the judge’s | |
| own motion, fix a date for the hearing of an application | |
| made under subsection 111(1) and shall direct that notice | |
| of the hearing be given, in the manner that the judge may | |
| specify, to the person against whom an order under sub- | |
| section 111(5) is sought. | |
| Clarification — application for order | |
| (2) For the purpose of this section, | |
| (a) the application for the order referred to in subsec- | |
| tion 110.1(3) is deemed, except for the purpose of sub- | |
| section 111(2), to be an application made under sub- | |
| section 111(1); and | |
| (b) if a person other than a peace officer, firearms offi- | |
| cer or chief firearms officer made the application for | |
| the order referred to in subsection 110.1(3), the | |
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| Attorney General of the province in which the applica- | |
| tion was made — or, if the application was made in a | |
| territory, the Attorney General of Canada — becomes | |
| the applicant, in their place, in the application made | |
| under subsection 111(1). | |
| Date for hearing | |
| (3) The date fixed for the hearing must be before the end | |
| of the period for which the order made under subsection | |
| 110.1(3) is in force. However, a provincial court judge | |
| may, before or at any time during the hearing, on appli- | |
| cation by the applicant or the person against whom an | |
| order under subsection 111(5) is sought, adjourn the | |
| hearing. | |
| Requirement — notice | |
| (4) If the Attorney General becomes, under paragraph | |
| (2)(b), the applicant in an application made under sub- | |
| section 111(1), the provincial court judge shall, as soon as | |
| feasible but not later than 15 days before the date fixed | |
| under subsection (1), cause notice of that application and | |
| of that date to be served on that Attorney General. | |
| Cancellation of hearing | |
| (5) If a provincial court judge revokes an order made un- | |
| der subsection 110.1(3) against a person before the appli- | |
| cation for an order sought under subsection 111(5) | |
| against the person is heard, the judge shall cancel the | |
| hearing. | |
| (2) Subsection 110.1(1) of the Act is replaced by | |
| the following: | |
| Application for emergency prohibition order | |
| 110.1 (1) Any person may make an ex parte application | |
| to a provincial court judge for an order prohibiting an- | |
| other person from possessing any firearm, cross-bow, | |
| prohibited weapon, restricted weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or ex- | |
| plosive substance, or all such things, if the person be- | |
| lieves on reasonable grounds that it is not desirable in | |
| the interests of 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. | |
| (3) Subsection 110.1(3) of the Act is replaced by | |
| the following: | |
| Emergency prohibition order | |
| (3) If, at the conclusion of a hearing of an application | |
| made under subsection (1), the provincial court judge is | |
| satisfied that the circumstances referred to in that sub- | |
| section exist and that an order should be made without | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
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| Section | |
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| Page 22 | |
| delay to ensure the immediate protection of any person, | |
| the judge shall make an order prohibiting the person | |
| against whom the order is sought from possessing any | |
| firearm, | |
| cross-bow, | |
| prohibited | |
| weapon, | |
| restricted | |
| weapon, prohibited device, firearm part, ammunition, | |
| prohibited ammunition or explosive substance, or all | |
| such things, for a period not exceeding 30 days, as is | |
| specified in the order, beginning on the day on which the | |
| order is made. | |
| (4) Subsections (2) and (3) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 5 (1) Subsection 111(1) of the Act is replaced by | |
| the following: | |
| Application for prohibition order | |
| 111 (1) A peace officer, firearms officer or chief | |
| firearms officer may apply to a provincial court judge for | |
| an order prohibiting a person from possessing any | |
| firearm, | |
| cross-bow, | |
| prohibited | |
| weapon, | |
| restricted | |
| weapon, prohibited device, firearm part, ammunition, | |
| prohibited ammunition or explosive substance, or all | |
| such things, if the peace officer, firearms officer or chief | |
| firearms officer believes on reasonable grounds that it is | |
| not desirable in the interests of 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. | |
| (2) Subsection 111(5) of the Act is replaced by the | |
| following: | |
| Prohibition order | |
| (5) If, at the conclusion of a hearing of an application | |
| made under subsection (1), the provincial court judge is | |
| satisfied that the circumstances referred to in that sub- | |
| section exist, the provincial court judge shall make an or- | |
| der prohibiting the person from possessing any firearm, | |
| cross-bow, prohibited weapon, restricted weapon, pro- | |
| hibited device, firearm part, ammunition, prohibited am- | |
| munition or explosive substance, or all such things, for | |
| the period, not exceeding five years, that is specified in | |
| the order, beginning on the day on which the order is | |
| made. | |
| (3) Subsection 111(11) of the Act is repealed. | |
| 6 Section 112 of the Act is replaced by the follow- | |
| ing: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 4-6 | |
| Page 23 | |
| Revocation of prohibition order under subsection | |
| 110.1(3) or 111(5) | |
| 112 A provincial court judge may, on application by the | |
| person against whom an order is made under subsection | |
| 110.1(3) or 111(5), revoke the order if satisfied that the | |
| circumstances for which it was made have ceased to ex- | |
| ist. | |
| 7 Subsection 113(4) of the Act is replaced by the | |
| following: | |
| When order can be made | |
| (4) For greater certainty, an order under subsection (1) | |
| may be made during proceedings for an order under sub- | |
| section 109(1), 110(1), 110.1(3), 111(5), 117.05(4) or | |
| 515(2), paragraph 732.1(3)(d) or subsection 810(3). | |
| 8 Subsection 115(1.1) of the Act is replaced by the | |
| following: | |
| Exception | |
| (1.1) Subsection (1) does not apply in respect of an order | |
| made under subsection 110.1(3) or section 515. | |
| 9 Subsection 116(2) of the Act is replaced by the | |
| following: | |
| Duration of revocation or amendment | |
| (2) An authorization, a licence and a registration certifi- | |
| cate relating to a thing the possession of which is prohib- | |
| ited by an order made under subsection 110.1(3) or sec- | |
| tion 515 is revoked, or amended, as the case may be, only | |
| in respect of the period during which the order is in | |
| force. | |
| 9.1 Subsection 117.01(1) of the Act is replaced by | |
| the following: | |
| Possession contrary to order | |
| 117.01 (1) Subject to subsection (4), every person com- | |
| mits an offence who possesses a firearm, a cross-bow, a | |
| prohibited weapon, a restricted weapon, a prohibited de- | |
| vice, a firearm part, any ammunition, any prohibited am- | |
| munition or an explosive substance while the person is | |
| prohibited from doing so by any order made under this | |
| Act or any other Act of Parliament. | |
| 10 (1) The Act is amended by adding the follow- | |
| ing before section 117.011: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
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| Sections 6-10 | |
| Page 24 | |
| Application for emergency limitations on access order | |
| 117.0101 (1) Any person may make an ex parte appli- | |
| cation to a provincial court judge for an order under this | |
| section if the person believes on reasonable grounds that | |
| (a) the person against whom the order is sought co- | |
| habits with, or is an associate of, another person who | |
| is prohibited by any order made under this Act or any | |
| other Act of Parliament from possessing any firearm, | |
| cross-bow, prohibited weapon, restricted weapon, pro- | |
| hibited device, ammunition, prohibited ammunition | |
| or explosive substance, or all such things; and | |
| (b) the other person would or might have access to | |
| any such thing that is in the possession of the person | |
| against whom the order is sought. | |
| Hearing in private | |
| (2) The provincial court judge may hold the hearing of an | |
| application made under subsection (1) in private if the | |
| judge considers that it is necessary to protect the security | |
| of the applicant or of anyone known to the applicant. | |
| Emergency limitations on access order | |
| (3) If, at the conclusion of a hearing of an application | |
| made under subsection (1), the provincial court judge is | |
| satisfied that the circumstances referred to in that sub- | |
| section exist and that an order should be made without | |
| delay to ensure the immediate protection of any person, | |
| the judge shall make an order in respect of the person | |
| against whom the order is sought, for a period not ex- | |
| ceeding 30 days, as is specified in the order, beginning on | |
| the day on which the order is made, imposing any terms | |
| and conditions on the person’s use and possession of any | |
| thing referred to in subsection (1) that the judge consid- | |
| ers appropriate. | |
| Service of order | |
| (4) A copy of the order shall be served on the person to | |
| whom the order is addressed in the manner that the | |
| provincial court judge directs or in accordance with the | |
| rules of court. | |
| Terms and conditions | |
| (5) In determining terms and conditions under subsec- | |
| tion (3), the provincial court judge shall impose terms | |
| and conditions that are the least intrusive as possible, | |
| bearing in mind the purpose of the order. | |
| Warrant to search and seize | |
| (6) If a provincial court judge is satisfied by information | |
| on oath that there are reasonable grounds to believe that | |
| 2021-2022-2023 | |
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| Section | |
| 10 | |
| Page 25 | |
| a person who is subject to an order made under subsec- | |
| tion (3) possesses, in a building, receptacle or place, any | |
| thing the use and possession of which is subject to terms | |
| and conditions under the order, and that it is not desir- | |
| able in the interests of the safety of the person, or of any | |
| other person, for the person to possess the thing, the | |
| judge may issue a warrant authorizing a peace officer to | |
| search the building, receptacle or place and seize any | |
| such thing that is in the possession of the person. | |
| Search and seizure without warrant | |
| (7) If, in respect of a person who is subject to an order | |
| made under subsection (3), a peace officer is satisfied | |
| that there are reasonable grounds to believe that it is not | |
| desirable, in the interests of the safety of the person, or of | |
| any other person, for the person to possess any thing the | |
| use and possession of which is subject to terms and con- | |
| ditions under the order, the peace officer may — if the | |
| grounds for obtaining a warrant under subsection (6) ex- | |
| ist but, by reason of a possible danger to the safety of the | |
| person or any other person, it would not be practicable to | |
| obtain a warrant — search for and seize any such thing | |
| that is in the possession of the person. | |
| Return to provincial court judge or justice | |
| (8) A peace officer who executes a warrant referred to in | |
| subsection (6) or who conducts a search without a war- | |
| rant under subsection (7) shall immediately make a re- | |
| turn to the provincial court judge who issued the warrant | |
| or, if no warrant was issued, to a justice who might other- | |
| wise have issued a warrant, showing | |
| (a) in the case of an execution of a warrant, the things, | |
| if any, seized and the date of execution of the warrant; | |
| and | |
| (b) in the case of a search conducted without a war- | |
| rant, the grounds on which it was concluded that the | |
| peace officer was entitled to conduct the search, and | |
| the things, if any, seized. | |
| Requirement to surrender | |
| (9) A provincial court judge who makes an order against | |
| a person under subsection (3) may, in the order, require | |
| the person to surrender to a peace officer, a firearms offi- | |
| cer or a chief firearms officer any thing the use or posses- | |
| sion of which is subject to terms and conditions under | |
| the order that is in the possession of the person on the | |
| day on which the order is made, if the judge is satisfied | |
| by information on oath that it is not desirable in the in- | |
| terests of the safety of any person for the person to pos- | |
| sess the thing, and if the judge does so, they shall specify | |
| in the order a reasonable period for surrendering the | |
| thing. | |
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| Condition | |
| (10) A provincial court judge may issue a warrant under | |
| subsection (6) or include in an order made under subsec- | |
| tion (3) a requirement set out in subsection (9) only if | |
| they are satisfied that there is no other way to ensure that | |
| the terms and conditions of that order can reasonably be | |
| complied with. | |
| Return of things before expiry or revocation of order | |
| (11) A peace officer who has seized any thing under sub- | |
| section (6) or (7), and a peace officer, a firearms officer or | |
| a chief firearms officer to whom any thing has been sur- | |
| rendered in accordance with subsection (9), may, before | |
| the expiry or revocation of the order made under subsec- | |
| tion (3), on being issued a receipt for it, return the thing | |
| to the person from whom it was seized or who surren- | |
| dered it, if the peace officer, firearms officer or chief | |
| firearms officer, as the case may be, has reasonable | |
| grounds to believe that the person will comply with the | |
| terms and conditions of the order as to the use and pos- | |
| session of the thing. | |
| Return of things after expiry or revocation of order | |
| (12) Any things seized under subsection (6) or (7) from a | |
| person against whom an order has been made under sub- | |
| section (3) and any things surrendered by the person in | |
| accordance with subsection (9) shall, unless already re- | |
| turned under subsection (11), be returned to the person | |
| (a) if the order made against the person under subsec- | |
| tion (3) is revoked, as soon as feasible after the day on | |
| which it is revoked; or | |
| (b) in any other case, as soon as feasible after the end | |
| of the period specified in the order made against the | |
| person under subsection (3). | |
| Order denying access to information | |
| 117.0102 (1) If an order is made under subsection | |
| 117.0101(3), a provincial court judge may, on application | |
| by the person who applied for the order or on the judge’s | |
| own motion, if the judge considers that it is necessary to | |
| protect the security of the person or of anyone known to | |
| the person, make an order prohibiting access to, and the | |
| disclosure of, any or all of the following: | |
| (a) any information relating to the order made under | |
| that subsection; | |
| (b) any information relating to a warrant issued under | |
| subsection 117.0101(6); | |
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| (c) any information relating to a search and seizure | |
| conducted without a warrant under subsection | |
| 117.0101(7); and | |
| (d) any information relating to the order made under | |
| this subsection. | |
| Expiry of order | |
| (2) Unless an order made under subsection (1) is re- | |
| voked earlier, it expires on the day on which the order | |
| made under subsection 117.0101(3) expires or is revoked. | |
| Exception | |
| (3) Despite subsection (2), if, before the order made un- | |
| der subsection 117.0101(3) expires or is revoked, a date is | |
| fixed under subsection 117.0104(1) for the hearing of an | |
| application made under subsection 117.011(1), an order | |
| made under subsection (1) ceases to have effect on | |
| (a) the date fixed under subsection 117.0104(1); or | |
| (b) if the order made under subsection 117.0101(3) is | |
| revoked before that date, the day on which it is re- | |
| voked. | |
| Procedure | |
| (4) If an order is made under subsection (1), all docu- | |
| ments relating to, as the case may be, the order made un- | |
| der that subsection, the order made under subsection | |
| 117.0101(3), the warrant issued under subsection | |
| 117.0101(6) or, in the case of a search and seizure con- | |
| ducted without a warrant under subsection 117.0101(7), | |
| the return made under subsection 117.0101(8) shall — | |
| subject to any terms and conditions that the provincial | |
| court judge considers desirable in the circumstances, in- | |
| cluding, without limiting the generality of the foregoing, | |
| any term or condition concerning partial disclosure of a | |
| document, deletion of any information or the occurrence | |
| of a condition — be immediately placed in a packet and | |
| sealed by the judge, and the packet shall be kept in the | |
| custody of the court in a place to which the public has no | |
| access or in any other place that the judge may authorize | |
| and shall not be dealt with except in accordance with the | |
| terms and conditions specified in the order or as varied | |
| under subsection (5). | |
| Revocation or variance of order | |
| (5) An application to revoke an order made under sub- | |
| section (1) or vary any of its terms and conditions may be | |
| made to the provincial court judge who made the order | |
| or to another provincial court judge. | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
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| Page 28 | |
| Order to delete identifying information | |
| 117.0103 (1) If an order is made under subsection | |
| 117.0101(3) or 117.0102(1), a provincial court judge may, | |
| on application by the person who applied for the order | |
| referred to in subsection 117.0101(3) or on the judge’s | |
| own motion, if the judge considers that it is necessary to | |
| protect the security of the person or of anyone known to | |
| the person, make an order, subject to any terms and con- | |
| ditions that the judge considers desirable in the circum- | |
| stances, directing that | |
| (a) copies be made of any documents relating to the | |
| order | |
| made | |
| under | |
| subsection | |
| 117.0101(3) | |
| or | |
| 117.0102(1), as the case may be, including the order it- | |
| self; | |
| (b) any information that could identify the person | |
| who applied for the order referred to in subsection | |
| 117.0101(3) or anyone known to the person be deleted | |
| from those copies; and | |
| (c) the documents relating to the order made under | |
| subsection 117.0101(3) or 117.0102(1), as the case may | |
| be, including the order itself, to which the public has | |
| access or that are made available to or required to be | |
| served on any person are to be the edited copies re- | |
| ferred to in paragraph (b). | |
| Duration of order | |
| (2) An order made under subsection (1) may be for any | |
| period — definite or indefinite — that the provincial court | |
| judge considers necessary to protect the security of the | |
| person who applied for the order referred to in subsec- | |
| tion 117.0101(3) or of anyone known to the person. | |
| Procedure | |
| (3) If an order is made under subsection (1), the origi- | |
| nals of all documents that are the subject of the order | |
| shall — subject to any terms and conditions that the | |
| provincial court judge considers desirable in the circum- | |
| stances — be immediately placed in a packet and sealed | |
| by the judge, and the packet shall be kept in the custody | |
| of the court in a place to which the public has no access | |
| or in any other place that the judge may authorize and | |
| shall not be dealt with except in accordance with the | |
| terms and conditions specified in the order or as varied | |
| under subsection (4). | |
| Revocation or variance of order | |
| (4) An application to revoke an order made under sub- | |
| section (1) or vary any of its terms and conditions may be | |
| made to the provincial court judge who made the order | |
| or to another provincial court judge. | |
| 2021-2022-2023 | |
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| Clarification | |
| (5) For greater certainty, if a date is fixed under subsec- | |
| tion 117.0104(1) for the hearing of an application made | |
| under subsection 117.011(1), any order made under this | |
| section that is still in force applies in respect of that hear- | |
| ing. | |
| Order under subsection 117.011(5) | |
| 117.0104 (1) If a provincial court judge makes an order | |
| under subsection 117.0101(3), the judge may, on the | |
| judge’s own motion, fix a date for the hearing of an appli- | |
| cation made under subsection 117.011(1) and shall direct | |
| that notice of the hearing be given, in the manner that | |
| the judge may specify, to the person against whom an or- | |
| der under subsection 117.011(5) is sought. | |
| Clarification — application for order | |
| (2) For the purpose of this section, | |
| (a) the application for the order referred to in subsec- | |
| tion 117.0101(3) is deemed, except for the purpose of | |
| subsection 117.011(2), to be an application made un- | |
| der subsection 117.011(1); and | |
| (b) if a person other than a peace officer, firearms offi- | |
| cer or chief firearms officer made the application for | |
| the order referred to in subsection 117.0101(3), the At- | |
| torney General of the province in which the applica- | |
| tion was made — or, if the application was made in a | |
| territory, the Attorney General of Canada — becomes | |
| the applicant, in their place, in the application made | |
| under subsection 117.011(1). | |
| Date for hearing | |
| (3) The date fixed for the hearing must be before the end | |
| of the period for which the order made under subsection | |
| 117.0101(3) is in force. However, a provincial court judge | |
| may, before or at any time during the hearing, on appli- | |
| cation by the applicant or the person against whom an | |
| order under subsection 117.011(5) is sought, adjourn the | |
| hearing. | |
| Requirement — notice | |
| (4) If the Attorney General becomes, under paragraph | |
| (2)(b), the applicant in an application made under sub- | |
| section 117.011(1), the provincial court judge shall, as | |
| soon as feasible but not later than 15 days before the date | |
| fixed under subsection (1), cause notice of that applica- | |
| tion and of that date to be served on that Attorney Gener- | |
| al. | |
| Cancellation of hearing | |
| (5) If a provincial court judge revokes an order made un- | |
| der subsection 117.0101(3) against a person before the | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
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| Section | |
| 10 | |
| Page 30 | |
| application for an order sought under subsection | |
| 117.011(5) against the person is heard, the judge shall | |
| cancel the hearing. | |
| (2) Paragraph 117.0101(1)(a) of the Act is replaced | |
| by the following: | |
| (a) the person against whom the order is sought co- | |
| habits with, or is an associate of, another person who | |
| is prohibited by any order made under this Act or any | |
| other Act of Parliament from possessing any firearm, | |
| cross-bow, prohibited weapon, restricted weapon, pro- | |
| hibited device, firearm part, ammunition, prohibited | |
| ammunition or explosive substance, or all such things; | |
| and | |
| (3) Subsection (2) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 10.1 (1) Paragraph 117.011(1)(a) of the Act is re- | |
| placed by the following: | |
| (a) the person against whom the order is sought co- | |
| habits with, or is an associate of, another person who | |
| is prohibited by any order made under this Act or any | |
| other Act of Parliament from possessing any firearm, | |
| cross-bow, prohibited weapon, restricted weapon, pro- | |
| hibited device, firearm part, ammunition, prohibited | |
| ammunition or explosive substance, or all such things; | |
| and | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 11 Section 117.012 of the Act is replaced by the fol- | |
| lowing: | |
| Revocation of order under subsection 117.0101(3) or | |
| 117.011(5) | |
| 117.012 A provincial court judge may, on application by | |
| the person against whom an order is made under subsec- | |
| tion 117.0101(3) or 117.011(5), revoke the order if satis- | |
| fied that the circumstances for which it was made have | |
| ceased to exist. | |
| 11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act | |
| are replaced by the following: | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
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| Sections 10-11.1 | |
| Page 31 | |
| (a) that a weapon, an imitation firearm, a prohibited | |
| device, a firearm part, any ammunition, any prohibit- | |
| ed ammunition or an explosive substance was used in | |
| the commission of an offence, or | |
| (b) that an offence is being committed, or has been | |
| committed, under any provision of this Act that in- | |
| volves, or the subject-matter of which is, a firearm, an | |
| imitation firearm, a cross-bow, a prohibited weapon, a | |
| restricted weapon, a prohibited device, a firearm part, | |
| ammunition, prohibited ammunition or an explosive | |
| substance, | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 11.2 (1) Subsections 117.04(1) and (2) of the Act | |
| are replaced by the following: | |
| Application for warrant to search and seize | |
| 117.04 (1) Where, pursuant to an application made by | |
| a peace officer with respect to any person, a justice is sat- | |
| isfied by information on oath that there are reasonable | |
| grounds to believe that the person possesses a weapon, a | |
| prohibited device, a firearm part, ammunition, prohibit- | |
| ed ammunition or an explosive substance in a building, | |
| receptacle or place and that it is not desirable in the in- | |
| terests of the safety of the person, or of any other person, | |
| for the person to possess the weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or ex- | |
| plosive substance, the justice may issue a warrant autho- | |
| rizing a peace officer to search the building, receptacle or | |
| place and seize any such thing, and any authorization, li- | |
| cence or registration certificate relating to any such | |
| thing, that is held by or in the possession of the person. | |
| Search and seizure without warrant | |
| (2) Where, with respect to any person, a peace officer is | |
| satisfied that there are reasonable grounds to believe that | |
| it is not desirable, in the interests of the safety of the per- | |
| son or any other person, for the person to possess any | |
| weapon, prohibited device, firearm part, ammunition, | |
| prohibited ammunition or explosive substance, the peace | |
| officer may, where the grounds for obtaining a warrant | |
| under subsection (1) exist but, by reason of a possible | |
| danger to the safety of that person or any other person, it | |
| would not be practicable to obtain a warrant, search for | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 11.1-11.2 | |
| Page 32 | |
| 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 the person. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 11.3 (1) The portion of subsection 117.05(4) of the | |
| Act before paragraph (a) is replaced by the fol- | |
| lowing: | |
| Forfeiture and prohibition order on finding | |
| (4) If, following the hearing of an application made un- | |
| der subsection (1), the justice finds that it is not desirable | |
| in the 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, firearm | |
| part, ammunition, prohibited ammunition and explosive | |
| substance, or any such thing, the justice shall | |
| (2) Paragraph 117.05(4)(b) of the English version | |
| of the Act is replaced by the following: | |
| (b) where the justice is satisfied that the circum- | |
| stances warrant such an action, order that the posses- | |
| sion by that person of any weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition | |
| and explosive substance, or of any such thing, be pro- | |
| hibited during any period, not exceeding five years, | |
| that is specified in the order, beginning on the making | |
| of the order. | |
| (3) Subsections (1) and (2) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 12 (1) Paragraphs 117.07(1)(b) and (c) of the Act | |
| are replaced by the following: | |
| (b) manufactures or transfers, or offers to manufac- | |
| ture or transfer, a firearm, a prohibited weapon, a re- | |
| stricted weapon, a prohibited device, a firearm part, | |
| any ammunition or any prohibited ammunition in the | |
| course of the public officer’s duties or employment; | |
| (c) exports or imports a firearm, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part or any prohibited ammunition in the course of | |
| the public officer’s duties or employment; | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| (3) Subsection 117.07(2) of the Act is amended by | |
| striking out “or” at the end of paragraph (g) and | |
| by adding the following after paragraph (h): | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 11.2-12 | |
| Page 33 | |
| (i) a person employed by the Bank of Canada or the | |
| Royal Canadian Mint who is responsible for the secu- | |
| rity of its facilities; or | |
| (j) a person employed by any federal agency or body, | |
| other than a person employed in the federal public ad- | |
| ministration, who is responsible for the security of | |
| that agency’s or body’s facilities and is prescribed to be | |
| a public officer. | |
| 12.1 (1) Paragraphs 117.071(b) and (c) of the Act | |
| are replaced by the following: | |
| (b) transfers or offers to transfer a firearm, a prohibit- | |
| ed weapon, a restricted weapon, a prohibited device, a | |
| firearm part, any ammunition or any prohibited am- | |
| munition in the course of their duties or employment; | |
| (c) exports or imports a firearm, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part or any prohibited ammunition in the course of | |
| their duties or employment; or | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 12.2 (1) Paragraphs 117.08(b) and (c) of the Act | |
| are replaced by the following: | |
| (b) manufactures or transfers, or offers to manufac- | |
| ture or transfer, a firearm, a prohibited weapon, a re- | |
| stricted weapon, a prohibited device, a firearm part, | |
| any ammunition or any prohibited ammunition, | |
| (c) exports or imports a firearm, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part or any prohibited ammunition, | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 12.3 (1) Subsection 117.09(3) of the Act is replaced | |
| by the following: | |
| Employees of carriers | |
| (3) Notwithstanding any other provision of this Act, but | |
| subject to section 117.1, no 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 indi- | |
| vidual’s duties or employment, possesses any firearm, | |
| cross-bow, prohibited weapon, restricted weapon, pro- | |
| hibited device, firearm part, ammunition or prohibited | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 12-12.3 | |
| Page 34 | |
| ammunition or transfers, or offers to transfer any such | |
| thing. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13 (1) Paragraph (a) of the definition offence in | |
| section 183 of the Act is amended by adding the | |
| following after subparagraph (xii.91): | |
| (xii.92) section 92 (possession of firearm knowing | |
| its possession is unauthorized), | |
| (xii.93) section 95 (possession of prohibited or re- | |
| stricted firearm with ammunition), | |
| (1.1) Paragraph (a) of the definition offence in | |
| section 183 of the Act is amended by adding the | |
| following after subparagraph (xvi): | |
| (xvi.1) section 102.1 (possession of computer data), | |
| (2) Paragraph (a) of the definition offence in sec- | |
| tion 183 of the Act is amended by adding the fol- | |
| lowing after subparagraph (xviii): | |
| (xviii.1) section 104.1 (altering cartridge maga- | |
| zine), | |
| 13.1 (1) Paragraphs 491(1)(a) and (b) of the Act | |
| are replaced by the following: | |
| (a) a weapon, an imitation firearm, a prohibited de- | |
| vice, a firearm part, any ammunition, any prohibited | |
| ammunition or an explosive substance was used in the | |
| commission of an offence and that thing has been | |
| seized and detained, or | |
| (b) that a person has committed an offence that in- | |
| volves, or the subject-matter of which is, a firearm, a | |
| cross-bow, a prohibited weapon, a restricted weapon, | |
| a prohibited device, a firearm part, ammunition, pro- | |
| hibited ammunition or an explosive substance and any | |
| such thing has been seized and detained, | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.2 (1) Paragraph 501(3)(h) of the Act is re- | |
| placed by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 12.3-13.2 | |
| Page 35 | |
| (h) abstain from possessing a firearm, cross-bow, pro- | |
| hibited weapon, restricted weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or | |
| explosive substance, and surrender those that are in | |
| their possession to the peace officer or other specified | |
| person and also any authorization, licence or registra- | |
| tion certificate or other document enabling them to | |
| acquire or possess them; | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.3 (1) The portion of subsection 515(4.1) of the | |
| Act after paragraph (c) is replaced by the follow- | |
| ing: | |
| (d) an offence that involves, or the subject-matter of | |
| which is, a firearm, a cross-bow, a prohibited weapon, | |
| a restricted weapon, a prohibited device, a firearm | |
| part, ammunition, prohibited ammunition or an ex- | |
| plosive substance, or | |
| (e) an offence under subsection 20(1) of the Security | |
| of Information Act, or an offence under subsection | |
| 21(1) or 22(1) or section 23 of that Act that is commit- | |
| ted in relation to an offence under subsection 20(1) of | |
| that Act, | |
| the justice shall add to the order a condition prohibiting | |
| the accused from possessing a firearm, cross-bow, pro- | |
| hibited weapon, restricted weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or ex- | |
| plosive substance, or all those things, until the accused is | |
| dealt with according to law unless the justice considers | |
| that such a condition is not required in the interests of | |
| the safety of the accused or the safety and security of a | |
| victim of the offence or of any other person. | |
| (2) Subparagraph 515(6)(a)(viii) of the Act is re- | |
| placed by the following: | |
| (viii) that is alleged to involve, or whose subject- | |
| matter is alleged to be, a firearm, a cross-bow, a | |
| prohibited weapon, a restricted weapon, a prohibit- | |
| ed device, a firearm part, any ammunition or pro- | |
| hibited ammunition or an explosive substance, and | |
| that is alleged to have been committed while the ac- | |
| cused was under a prohibition order within the | |
| meaning of subsection 84(1); | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 13.2-13.3 | |
| Page 36 | |
| (3) Subsections (1) and (2) come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil. | |
| 13.4 (1) Subsection 810(3.1) of the Act is replaced | |
| by the following: | |
| Conditions | |
| (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 condi- | |
| tion of the recognizance that the defendant be prohibited | |
| from possessing any firearm, cross-bow, prohibited | |
| weapon, restricted weapon, prohibited device, firearm | |
| part, ammunition, prohibited ammunition or explosive | |
| substance, or all such things, for any period specified in | |
| the recognizance and, if the justice or summary convic- | |
| tion court decides that it is so desirable, the justice or | |
| summary conviction court shall add such a condition to | |
| the recognizance. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.5 (1) Subsection 810.01(5) of the Act is replaced | |
| by the following: | |
| Conditions — firearms | |
| (5) The provincial court judge shall consider whether it | |
| is desirable, in the interests of the defendant’s safety or | |
| that of any other person, to prohibit the defendant from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all of those things. If the judge decides that it is | |
| desirable to do so, the judge shall add that condition to | |
| the recognizance and specify the period during which the | |
| condition applies. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.6 (1) Subsection 810.011(7) of the Act is re- | |
| placed by the following: | |
| Conditions — firearms | |
| (7) The provincial court judge shall consider whether it | |
| is desirable, in the interests of the defendant’s safety or | |
| that of any other person, to prohibit the defendant from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all of those things. If the judge decides that it is | |
| desirable to do so, the judge shall add that condition to | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 13.3-13.6 | |
| Page 37 | |
| the recognizance and specify the period during which it | |
| applies. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.7 (1) Subsection 810.02(7) of the Act is replaced | |
| by the following: | |
| Conditions — firearms | |
| (7) The provincial court judge shall consider whether it | |
| is desirable, in the interests of the defendant’s safety or | |
| that of any other person, to prohibit the defendant from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all of those things. If the judge decides that it is | |
| desirable to do so, the judge shall add that condition to | |
| the recognizance and specify the period during which the | |
| condition applies. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.8 (1) Subsection 810.1(3.03) of the Act is re- | |
| placed by the following: | |
| Conditions — firearms | |
| (3.03) The provincial court judge shall consider whether | |
| it is desirable, in the interests of the defendant’s safety or | |
| that of any other person, to prohibit the defendant from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all of those things. If the judge decides that it is | |
| desirable to do so, the judge shall add that condition to | |
| the recognizance and specify the period during which the | |
| condition applies. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.9 (1) Subsection 810.2(5) of the Act is replaced | |
| by the following: | |
| Conditions — firearms | |
| (5) The provincial court judge shall consider whether it | |
| is desirable, in the interests of the defendant’s safety or | |
| that of any other person, to prohibit the defendant from | |
| possessing any firearm, cross-bow, prohibited weapon, | |
| restricted weapon, prohibited device, firearm part, am- | |
| munition, prohibited ammunition or explosive sub- | |
| stance, or all of those things. If the judge decides that it is | |
| desirable to do so, the judge shall add that condition to | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 13.6-13.9 | |
| Page 38 | |
| the recognizance and specify the period during which the | |
| condition applies. | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.10 (1) Paragraph 5(i) of Form 10 of Part | |
| XXVIII of the Act is replaced by the following: | |
| □ (i) You must not possess a firearm, cross-bow, pro- | |
| hibited weapon, restricted weapon, prohibited de- | |
| vice, firearm part, ammunition, prohibited ammuni- | |
| tion or explosive substance and you must surrender | |
| those that are in your possession and also any autho- | |
| rization, licence or registration certificate or other | |
| document enabling you to acquire or possess them | |
| to (name or title) at (place). | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.11 (1) The portion of Form 11 of Part XXVIII | |
| of the Act that begins with “You must not pos- | |
| sess” and ends with “(name or title) at (place).” | |
| is replaced by the following: | |
| □ You must not possess a firearm, crossbow, prohib- | |
| ited weapon, restricted weapon, prohibited device, | |
| firearm part, ammunition, prohibited ammunition or | |
| explosive substance and you must surrender any of | |
| them in your possession and any authorization, li- | |
| cence or registration certificate or other document | |
| enabling the acquisition or possession of a firearm to | |
| (name or title) at (place). | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| 13.12 (1) Paragraph (c) of Form 32 of Part | |
| XXVIII of the Act after the heading “List of Con- | |
| ditions” is replaced by the following: | |
| □ (c) abstains from possessing a firearm, crossbow, | |
| prohibited weapon, restricted weapon, prohibited de- | |
| vice, firearm part, ammunition, prohibited ammuni- | |
| tion or explosive substance and surrenders those in | |
| their possession and surrenders any authorization, li- | |
| cence or registration certificate or other document | |
| enabling the acquisition or possession of a firearm | |
| (sections 83.3, 810, 810.01, 810.1 and 810.2 of the | |
| Criminal Code); | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 13.9-13.12 | |
| Page 39 | |
| (2) Subsection (1) comes into force on a day to be | |
| fixed by order of the Governor in Council. | |
| Replacement of “10” and “ten” with “14” | |
| 14 The Act is amended by replacing “10” and | |
| “ten” with “14” in the following provisions: | |
| (a) paragraph 95(2)(a); | |
| (b) paragraph 96(2)(a); | |
| (c) the portion of subsection 99(2) before para- | |
| graph (a) and subsection 99(3); | |
| (d) the portion of subsection 100(2) before | |
| paragraph (a) and subsection 100(3); and | |
| (e) the portion of subsection 103(2) before | |
| paragraph (a) and subsection 103(2.1). | |
| Transitional Provision | |
| Unlawfully manufactured firearms | |
| 14.1 If proceedings in respect of an unlawfully | |
| manufactured firearm have been commenced | |
| under the Criminal Code before the day on which | |
| paragraph (e) of the definition prohibited firearm | |
| in subsection 84(1) of that Act, as enacted by sub- | |
| section 1(1), comes into force and have not been | |
| completed before that day, then that paragraph | |
| (e) does not apply with respect to the firearm in | |
| relation to those proceedings. | |
| Review and Report | |
| Review by House of Commons committee | |
| 14.2 (1) Five years after the day on which para- | |
| graph (e) of the definition prohibited firearm in | |
| subsection 84(1) of the Criminal Code, as enacted | |
| by subsection 1(2), comes into force, a compre- | |
| hensive review of that paragraph is to be com- | |
| menced by a committee of the House of Com- | |
| mons that may be designated or established by | |
| that House for that purpose. | |
| Report to House of Commons | |
| (2) Within one year, or any further time that is | |
| authorized by the House of Commons, after the | |
| day on which the review is commenced, the com- | |
| mittee must submit a report on that review to the | |
| House of Commons, together with a statement of | |
| any changes to paragraph (e) of the definition | |
| prohibited firearm in subsection 84(1) of the | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Amendments to the Act | |
| Sections 13.12-14.2 | |
| Page 40 | |
| Criminal Code, as enacted by subsection 1(2), | |
| that the committee recommends. | |
| 1995, c. 39 | |
| Firearms Act | |
| Amendments to the Act | |
| 15 Subsection 2(1) of the Firearms Act is amend- | |
| ed by adding the following in alphabetical order: | |
| protection order protection order has the meaning as- | |
| signed by the regulations but is intended to include any | |
| binding order made by a court or other competent au- | |
| thority in the interest of the safety or security of a person; | |
| this includes but is not limited to orders that prohibit a | |
| person from: | |
| (a) being in physical proximity to an identified person | |
| or following an identified person from place to place; | |
| (b) communicating with an identified person, either | |
| directly or indirectly; | |
| (c) being at a specified place or within a specified dis- | |
| tance of that place; | |
| (d) engaging in harassing or threatening conduct di- | |
| rected at an identified person; | |
| (e) occupying a family home or a residence; or | |
| (f) engaging in family violence. (ordonnance de pro- | |
| tection) | |
| 15.1 The portion of paragraph 4(b) of the Act af- | |
| ter subparagraph (ii) is replaced by the follow- | |
| ing: | |
| firearms, prohibited weapons, restricted weapons, | |
| prohibited devices, ammunition, prohibited ammuni- | |
| tion and cartridge magazines in circumstances that | |
| would otherwise constitute an offence under subsec- | |
| tion 99(1), 100(1) or 101(1) of the Criminal Code; and | |
| 15.2 Paragraph 4(c) of the Act is replaced by the | |
| following: | |
| (c) to authorize, notably by sections 35 to 73, the im- | |
| portation or exportation of firearms, prohibited | |
| weapons, restricted weapons, prohibited devices, | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Criminal Code | |
| Review and Report | |
| Sections 14.2-15.2 | |
| Page 41 | |
| ammunition, prohibited ammunition, cartridge maga- | |
| zines and components and parts designed exclusively | |
| for use in the manufacture of or assembly into auto- | |
| matic firearms in circumstances that would otherwise | |
| constitute an offence under subsection 103(1) or | |
| 104(1) of the Criminal Code. | |
| 15.3 Subsection 5(1) of the Act is replaced by the | |
| following: | |
| Personal safety | |
| 5 (1) A person is not eligible to hold a licence if it is de- | |
| sirable, 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 prohib- | |
| ited device, ammunition, prohibited ammunition or a | |
| cartridge magazine. | |
| 15.4 Paragraph 5(2)(d) of the Act is replaced by | |
| the following: | |
| (d) is or was previously prohibited by an order — | |
| made in the interests of the safety and security of any | |
| person — from communicating with an identified per- | |
| son or from being at a specified place or within a spec- | |
| ified distance of that place, and poses or could pose a | |
| threat or risk to the safety and security of any person; | |
| 16 The Act is amended by adding the following | |
| after section 6: | |
| Protection orders | |
| 6.1 Subject to section 70.3 and the regulations, an indi- | |
| vidual is not eligible to hold a licence if they are subject | |
| to a protection order or have been convicted of an offence | |
| in the commission of which violence was used, threat- | |
| ened or attempted against their intimate partner or any | |
| member of their family. | |
| 17 The Act is amended by adding the following | |
| after section 12.1: | |
| Handguns | |
| 12.2 A registration certificate for a handgun must not be | |
| issued to an individual. | |
| 18 (0.1) Paragraph 19(1)(b) of the Act is amended | |
| by adding the following after subparagraph (iii): | |
| (iii.1) wishes to transport the firearm to another indi- | |
| vidual or business that holds a licence authorizing that | |
| individual or business to possess prohibited firearms | |
| or restricted firearms for purposes of storage for the | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 15.2-18 | |
| Page 42 | |
| time necessary for the individual to address a mental | |
| illness or similar problem, or | |
| (1) Subsection 19(2.1) of the Act is replaced by the | |
| following: | |
| Automatic authorization to transport — licence | |
| renewal | |
| (2.1) An individual who holds a licence authorizing the | |
| individual to possess a restricted firearm or a handgun | |
| referred to in subsection 12(6.1) must, if the licence is re- | |
| newed, be authorized to transport it within the individu- | |
| al’s province of residence to and from all shooting clubs | |
| and shooting ranges that are approved under section 29. | |
| However, the authorization does not apply to a restricted | |
| firearm or a handgun referred to in subsection 12(6.1) | |
| whose transfer to the individual was approved for the | |
| purpose of having it form part of a gun collection. | |
| (2) Subsection 19(2.3) of the Act is replaced by the | |
| following: | |
| Automatic authorization to transport — transfer | |
| (2.3) If a chief firearms officer has authorized the trans- | |
| fer of a restricted firearm or a handgun referred to in | |
| subsection 12(6.1) to an individual who holds a licence | |
| authorizing the individual to possess a restricted firearm | |
| or such a handgun, the individual must be authorized to | |
| transport their restricted firearm or handgun within their | |
| province of residence to and from all shooting clubs and | |
| shooting ranges that are approved under section 29, un- | |
| less the transfer of the restricted firearm or handgun was | |
| approved for the purpose of having it form part of a gun | |
| collection. | |
| 19 The Act is amended by adding the following | |
| after section 19: | |
| Exception — handguns | |
| 19.1 Despite subsection 19(1), an individual must not be | |
| authorized to transport a handgun from a port of entry | |
| unless the individual holds a registration certificate in re- | |
| spect of the handgun. | |
| 20 Section 20 of the Act is replaced by the follow- | |
| ing: | |
| Carrying restricted firearms and pre-December 1, 1998 | |
| handguns | |
| 20 An individual who holds a licence authorizing the in- | |
| dividual to possess a restricted firearm or a handgun re- | |
| ferred to in subsection 12(6.1) (pre-December 1, 1998 | |
| handguns) may be authorized to possess a particular re- | |
| stricted firearm or handgun at a place other than the | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 18-20 | |
| Page 43 | |
| place at which it is authorized to be possessed if the indi- | |
| vidual needs the particular restricted firearm or handgun | |
| (a) to protect their life or the life of other individuals; | |
| or | |
| (b) for use in connection with their lawful profession | |
| or occupation. | |
| 21 Subsection 23.2(1) of the Act is amended by | |
| adding the following after paragraph (d): | |
| (d.1) if the transferee is an individual and the firearm | |
| is a handgun, the individual is referred to in section | |
| 97.1; | |
| 21.1 Section 25 of the Act is renumbered as sub- | |
| section 25(1) and is amended by adding the fol- | |
| lowing: | |
| Authorization to transfer cartridge magazine to | |
| individuals | |
| (2) A person may transfer a cartridge magazine that is | |
| not prescribed to be a prohibited device only if the indi- | |
| vidual holds a licence authorizing him or her to possess | |
| firearms. | |
| 21.2 The Act is amended by adding the following | |
| after section 25: | |
| Authorization to transfer firearm parts | |
| 25.1 (1) A person may transfer a firearm part to an indi- | |
| vidual only if the individual holds a licence authorizing | |
| them to possess firearms. | |
| Exception — non-residents | |
| (2) Subject to the regulations and despite subsection (1), | |
| a person may transfer a firearm part to a non-resident | |
| who is 18 years old or older and who does not hold a li- | |
| cence if the non-resident has made a declaration that is | |
| confirmed under paragraph 35(1)(b) or subsection 38(2) | |
| and that is valid. | |
| 22 Paragraphs 27(a) and (b) of the Act are re- | |
| placed by the following: | |
| (a) verify | |
| (i) whether the transferee holds a licence, | |
| (ii) whether the transferee is still eligible to hold | |
| that licence, | |
| (iii) whether the licence authorizes the transferee | |
| to acquire that kind of firearm or to acquire | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 20-22 | |
| Page 44 | |
| prohibited weapons, prohibited devices, ammuni- | |
| tion or prohibited ammunition, as the case may be, | |
| and | |
| (iv) if the proposed transfer is in respect of a hand- | |
| gun, whether the transferee is an individual re- | |
| ferred to in section 97.1; | |
| (b) in the case of a proposed transfer of a restricted | |
| firearm or a handgun referred to in subsection 12(6.1) | |
| (pre-December 1, 1998 handguns), verify the purpose | |
| for which the transferee wishes to acquire the restrict- | |
| ed firearm or handgun and determine whether the | |
| particular restricted firearm or handgun is appropri- | |
| ate for that purpose; | |
| 23 Section 28 of the Act is amended by striking | |
| out “or” at the end of paragraph (a) and by re- | |
| placing paragraph (b) with the following: | |
| (b) that the purpose for which the individual wishes to | |
| acquire the restricted firearm or handgun is for use in | |
| target practice, in a target shooting competition, under | |
| conditions specified in an authorization to transport | |
| or under the auspices of a shooting club or shooting | |
| range that is approved under section 29; or | |
| (c) in the case of a restricted firearm other than a | |
| handgun, that the purpose for which the individual | |
| wishes to acquire it is to form part of their gun collec- | |
| tion and the individual satisfies the criteria described | |
| in section 30. | |
| 24 (1) The portion of section 30 of the Act before | |
| paragraph (b) is replaced by the following: | |
| Gun collectors | |
| 30 The criteria referred to in paragraph 28(c) are that | |
| the individual | |
| (a) has knowledge of the historical, technological or | |
| scientific characteristics that relate to or distinguish | |
| the restricted firearms, other than handguns, that they | |
| possess; | |
| (2) Paragraphs 30(b) and (c) of the English ver- | |
| sion of the Act are replaced by the following: | |
| (b) has consented to the periodic inspection, conduct- | |
| ed in a reasonable manner, of the premises in which | |
| those firearms are to be kept; and | |
| (c) has complied with any other prescribed require- | |
| ments respecting knowledge, secure storage and the | |
| keeping of records in respect of those firearms. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 22-24 | |
| Page 45 | |
| 25 Section 32 of the Act is replaced by the follow- | |
| ing: | |
| Mail-order transfers of firearms | |
| 32 A person may transfer a firearm by mail only if the | |
| prescribed conditions are complied with and the verifica- | |
| tions, notifications, issuances and authorizations referred | |
| to in sections 21 to 28, 30 and 31 take place within a rea- | |
| sonable period before the transfer in the prescribed man- | |
| ner. | |
| 26 The Act is amended by adding the following | |
| after section 36: | |
| Importation of ammunition or cartridge magazine — | |
| individuals | |
| 37 (1) An individual may import ammunition — other | |
| than prohibited ammunition — or a cartridge magazine | |
| — other than a cartridge magazine that is prescribed to | |
| be a prohibited device — only if, at the time of the impor- | |
| tation, they hold a valid licence and produce the licence | |
| to a customs officer. | |
| Exception — non-residents | |
| (2) Despite subsection (1), a non-resident who, at the | |
| time of the importation, is 18 years old or older and who | |
| does not hold a licence may import ammunition — other | |
| than prohibited ammunition — or a cartridge magazine | |
| — other than a cartridge magazine that is prescribed to | |
| be a prohibited device — if they declare the ammunition | |
| or cartridge magazine to a customs officer by completing | |
| the prescribed form containing the prescribed informa- | |
| tion and a customs officer confirms the declaration in the | |
| prescribed manner. A declaration that is confirmed has | |
| the same effect as a valid licence for the purposes of im- | |
| porting the ammunition or cartridge magazine. | |
| Non-compliance | |
| (3) If any of the requirements of subsection (1) or (2) are | |
| not complied with, the customs officer may authorize the | |
| ammunition or cartridge magazine to be exported from | |
| that customs office or may detain the ammunition or car- | |
| tridge magazine and give the individual a reasonable | |
| time to comply with those requirements. | |
| Disposal of ammunition or cartridge magazine | |
| (4) If those requirements are not complied with within a | |
| reasonable time and the ammunition is not exported, a | |
| customs officer shall lawfully dispose of the ammunition | |
| or cartridge magazine. | |
| Non-compliance | |
| (5) A customs officer may refuse to confirm the declara- | |
| tion referred to in subsection (2) if, among other things, | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 25-26 | |
| Page 46 | |
| (a) the non-resident has not truthfully completed the | |
| prescribed form; or | |
| (b) the customs officer has reasonable grounds to be- | |
| lieve that it is desirable, in the interests of the safety of | |
| the non-resident or any other person, that the declara- | |
| tion not be confirmed. | |
| Importation of firearm parts — individuals | |
| 38 (1) An individual may import a firearm part only if, | |
| at the time of the importation, they hold a valid licence | |
| and produce the licence to a customs officer. | |
| Exception — non-residents | |
| (2) Despite subsection (1), a non-resident who, at the | |
| time of the importation, is 18 years old or older and who | |
| does not hold a licence may import a firearm part if they | |
| declare it to a customs officer by completing the pre- | |
| scribed form containing the prescribed information and a | |
| customs officer confirms the declaration in the pre- | |
| scribed manner. A declaration that is confirmed has the | |
| same effect as a valid licence for the purposes of import- | |
| ing the firearm part. | |
| Non-compliance | |
| (3) If any of the requirements of subsection (1) or (2) are | |
| not complied with, the customs officer may authorize the | |
| firearm part to be exported from the customs office or | |
| may detain it and give the individual a reasonable time to | |
| comply with those requirements. | |
| Disposal of firearm part | |
| (4) If those requirements are not complied with within a | |
| reasonable time and the firearm part is not exported, a | |
| customs officer shall lawfully dispose of it. | |
| Non-compliance | |
| (5) A customs officer may refuse to confirm the declara- | |
| tion referred to in subsection (2) if, among other things, | |
| (a) the non-resident has not truthfully completed the | |
| prescribed form; or | |
| (b) the customs officer has reasonable grounds to be- | |
| lieve that it is desirable, in the interests of the safety of | |
| the non-resident or any other person, that the declara- | |
| tion not be confirmed. | |
| 27 Paragraph 54(2)(a) of the Act is replaced by | |
| the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 26-27 | |
| Page 47 | |
| (a) a chief firearms officer, in the case of a licence, an | |
| authorization to carry referred to in paragraph 20(b) | |
| or an authorization to transport; | |
| (a.1) the Commissioner, in the case of an authoriza- | |
| tion to carry referred to in paragraph 20(a); or | |
| 28 Section 57 of the Act is replaced by the follow- | |
| ing: | |
| Authorizations to carry or transport | |
| 57 A chief firearms officer is responsible for issuing au- | |
| thorizations to carry referred to in paragraph 20(b) and | |
| authorizations to transport. | |
| Authorizations to carry referred to in paragraph 20(a) | |
| 57.1 The Commissioner is responsible for issuing autho- | |
| rizations to carry referred to in paragraph 20(a). | |
| 29 Subsections 58(1) and (1.1) of the Act are re- | |
| placed by the following: | |
| Conditions — chief firearms officer | |
| 58 (1) A chief firearms officer who issues a licence, an | |
| authorization to carry referred to in paragraph 20(b) or | |
| an authorization to transport may attach any condition to | |
| it that the chief firearms officer considers desirable in the | |
| particular circumstances and in the interests of the safety | |
| of the holder or any other person. | |
| Exception — licence or authorization | |
| (1.1) However, a chief firearms officer’s power to attach | |
| a condition to a licence, an authorization to carry re- | |
| ferred to in paragraph 20(b) or an authorization to trans- | |
| port is subject to the regulations. | |
| Conditions — Commissioner | |
| (1.2) Subject to the regulations, the Commissioner may | |
| attach any reasonable condition to an authorization to | |
| carry referred to in paragraph 20(a) that the Commis- | |
| sioner considers desirable in the particular circum- | |
| stances and in the interests of the safety of the holder or | |
| any other person. | |
| 30 Subsection 63(3) of the Act is replaced by the | |
| following: | |
| Authorizations to carry | |
| (3) Authorizations to carry referred to in paragraph 20(a) | |
| are not valid outside the geographic area set in the autho- | |
| rization by Commissioner. Authorizations to carry re- | |
| ferred to in paragraph 20(b) are not valid outside the | |
| province in which they are issued. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 27-30 | |
| Page 48 | |
| 30.1 Subsection 64(1.2) of the Act is replaced by | |
| the following: | |
| No use or acquisition | |
| (1.2) The holder of a licence that is extended under sub- | |
| section (1.1) must not, until the renewal of their licence, | |
| use their firearms or acquire any firearms, ammunition | |
| or cartridge magazines. | |
| 31 Section 66 of the Act is amended by striking | |
| out “or” at the end of paragraph (a), by adding | |
| “or” at the end of paragraph (b) and by adding | |
| the following after paragraph (b): | |
| (c) the classification of the firearm as a restricted | |
| firearm or a prohibited firearm changes as a result of | |
| an amendment to an Act of Parliament or to a regula- | |
| tion made under an Act of Parliament. | |
| 32 Subsections 67(1) and (2) of the Act are re- | |
| placed by the following: | |
| Renewal — chief firearms officer | |
| 67 (1) A chief firearms officer may renew a licence, an | |
| authorization to carry referred to in paragraph 20(b) or | |
| an authorization to transport in the prescribed manner. | |
| Renewal — Commissioner | |
| (1.1) The Commissioner may renew an authorization to | |
| carry referred to in paragraph 20(a) in the prescribed | |
| manner. | |
| Restricted firearms and pre-December 1, 1998 | |
| handguns | |
| (2) On renewing a licence authorizing an individual to | |
| possess a restricted firearm or a handgun referred to in | |
| subsection 12(6.1) (pre-December 1, 1998 handguns), a | |
| chief firearms officer shall decide whether any such | |
| firearm or handgun is used by them | |
| (a) to protect their life or the life of other individuals; | |
| (b) in connection with their lawful profession or occu- | |
| pation; | |
| (c) in target practice, in a target shooting competition, | |
| under conditions specified in an authorization to | |
| transport or under the auspices of a shooting club or | |
| shooting range that is approved under section 29; or | |
| (d) to form part of their gun collection. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 30.1-32 | |
| Page 49 | |
| 33 Section 68 of the Act and the heading before it | |
| are replaced by the following: | |
| Refusal to Issue and Suspension and | |
| Revocation | |
| Refusal to issue — chief firearms officer | |
| 68 (1) A chief firearms officer shall refuse to issue a li- | |
| cence if the applicant is not eligible to hold one and may | |
| refuse to issue an authorization to carry referred to in | |
| paragraph 20(b) or an authorization to transport for any | |
| good and sufficient reason. | |
| Refusal to issue — Commissioner | |
| (2) The Commissioner may refuse to issue an authoriza- | |
| tion to carry referred to in paragraph 20(a) for any good | |
| and sufficient reason. | |
| 34 The Act is amended by adding the following | |
| after section 69: | |
| Suspension | |
| 69.1 (1) If a chief firearms officer has reasonable | |
| grounds to suspect, on the basis of information that they | |
| have collected or received from any person, including a | |
| psychologist, a psychiatrist, a nurse, a nurse practitioner | |
| or a medical practitioner, that the holder of a licence is | |
| no longer eligible to hold the licence, they shall suspend, | |
| in respect of that licence, the holder’s authorization to | |
| use, acquire and import firearms for a period of up to 30 | |
| days. | |
| Notice | |
| (2) A chief firearms officer shall give notice in writing of | |
| the suspension to the holder of the licence. The notice | |
| shall include reasons for the decision, the nature of the | |
| information relied on for the decision, the period of the | |
| suspension and a copy of this section and sections 69.2 | |
| and 70. | |
| Non-disclosure of information | |
| (3) A chief firearms officer need not disclose any infor- | |
| mation the disclosure of which could, in their opinion, | |
| endanger the safety of any person. | |
| Termination of suspension | |
| (4) A chief firearms officer shall terminate the suspen- | |
| sion at any time before the expiry of the period referred | |
| to in subsection (2) if they are satisfied that the grounds | |
| for the suspension no longer exist. The chief firearms | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 32-34 | |
| Page 50 | |
| officer shall give notice in writing of the termination of | |
| the suspension to the holder of the licence. | |
| Prohibition on use, acquisition and importation | |
| 69.2 The holder of a licence shall not use, acquire or im- | |
| port firearms while their authorizations to do so are sus- | |
| pended under subsection 69.1(1). | |
| 35 (1) The portion of subsection 70(1) of the Act | |
| before paragraph (a) is replaced by the follow- | |
| ing: | |
| Revocation of licence or authorization | |
| 70 (1) A chief firearms officer may revoke a licence, an | |
| authorization to carry referred to in paragraph 20(b) or | |
| an authorization to transport — and the Commissioner | |
| may revoke an authorization to carry referred to in para- | |
| graph 20(a) — for any good and sufficient reason includ- | |
| ing, without limiting the generality of the foregoing, | |
| (2) Subsection 70(1) of the Act is amended by | |
| striking out “or” at the end of paragraph (a) and | |
| by adding the following after paragraph (a): | |
| (a.1) where the holder of the licence uses, acquires or | |
| imports a firearm while their authorizations to do so | |
| are suspended under subsection 69.1(1); or | |
| 36 The Act is amended by adding the following | |
| after section 70: | |
| Revocation — domestic violence | |
| 70.1 (1) If a chief firearms officer has reasonable | |
| grounds to suspect that an individual who holds a licence | |
| may have engaged in an act of domestic violence or stalk- | |
| ing, the chief firearms officer must revoke the licence | |
| within 24 hours. | |
| Definition of domestic violence | |
| (2) For the purpose of subsection (1), domestic vio- | |
| lence means conduct, whether or not it constitutes a | |
| criminal offence, by a family member towards another | |
| family member, including conduct by or towards an inti- | |
| mate partner, that is violent or threatening or that is part | |
| of a pattern of coercive and controlling behaviour or that | |
| causes that other family member or intimate partner to | |
| fear for their safety or the safety of another person, and | |
| includes | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 34-36 | |
| Page 51 | |
| (a) physical abuse, including forced confinement, but | |
| excluding the use of reasonable force to protect them- | |
| selves or another person; | |
| (b) sexual abuse; | |
| (c) psychological abuse; | |
| (d) financial abuse; | |
| (e) threats to kill or cause bodily harm to any person; | |
| (f) threats to kill or harm an animal or damage prop- | |
| erty; | |
| (g) harassment, including stalking; | |
| (h) the failure to provide the necessities of life; and | |
| (i) the killing or harming of an animal or the damag- | |
| ing of property. | |
| Revocation — protection order | |
| 70.2 (1) If an individual becomes subject to a protection | |
| order, their licence is automatically revoked and they | |
| must deliver to a peace officer any firearm that they pos- | |
| sess within 24 hours or, if that is not possible, within any | |
| extended period established by the chief firearms officer. | |
| Sections 91, 92 and 94 of the Criminal Code do not apply | |
| to the individual in relation to such a firearm during that | |
| period. | |
| Notice | |
| (2) A chief firearms officer must give notice, in the pre- | |
| scribed manner, of a revocation referred to in subsection | |
| (1) to the individual and must specify in the notice the | |
| period referred to in that subsection. | |
| Conditional licence | |
| 70.3 Subject to section 5, a chief firearms officer may, in | |
| the prescribed circumstances, issue a licence that is sub- | |
| ject to the conditions that the chief firearms officer con- | |
| siders appropriate to an individual referred to in section | |
| 6.1, 70.1 or 70.2 if the individual establishes to the satis- | |
| faction of the chief firearms officer that they need a | |
| firearm to hunt or trap in order to sustain themselves or | |
| their family. | |
| 37 Subsections 72(4) to (6) of the Act are replaced | |
| by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 36-37 | |
| Page 52 | |
| Disposal of firearms, etc. | |
| (4) A notice given under subsection (1) in respect of a li- | |
| cence must specify that the applicant for or holder of the | |
| licence may deliver to a peace officer or a firearms officer | |
| or a chief firearms officer any firearm, prohibited | |
| weapon, restricted weapon, prohibited device or prohib- | |
| ited ammunition that the applicant for or holder of the li- | |
| cence possesses within 24 hours or, if that is not possible, | |
| within an extended period established by the chief | |
| firearms officer. Sections 91, 92 and 94 of the Criminal | |
| Code do not apply to the applicant or holder in relation to | |
| such a firearm, prohibited weapon, restricted weapon or | |
| prohibited device or such prohibited ammunition during | |
| that period. | |
| Disposal of firearms — registration certificate | |
| (5) A notice given under subsection (1) in respect of a | |
| registration certificate for a prohibited firearm or a re- | |
| stricted firearm must specify that the applicant for or | |
| holder of the registration certificate may deliver to a | |
| peace officer or a firearms officer or a chief firearms offi- | |
| cer the firearm to which the registration certificate re- | |
| lates within 24 hours or, if that is not possible, within an | |
| extended period established by the chief firearms officer. | |
| Sections 91, 92 and 94 of the Criminal Code do not apply | |
| to the applicant or holder in relation to such a prohibited | |
| firearm or restricted firearm during that period. | |
| Reference | |
| (6) If the applicant for or holder of a licence refers the re- | |
| fusal to issue it or revocation of it to a provincial court | |
| judge under section 74, they must, within the period re- | |
| ferred to in subsection (4), deliver to a peace officer any | |
| firearm that they possess. Sections 91, 92 and 94 of the | |
| Criminal Code do not apply to the applicant or holder in | |
| relation to such a firearm during that period. | |
| Order — return of firearm | |
| (7) If the decision of the chief firearms officer is con- | |
| firmed, the judge may, if a firearm was delivered to a | |
| peace officer under subsection (6), order the return of the | |
| firearm to the applicant for or holder of the licence, in or- | |
| der for the applicant or holder to lawfully dispose of it. | |
| Conditions | |
| (8) When making an order under subsection (7), the | |
| judge may impose any conditions that they consider ap- | |
| propriate in the interests of the safety of the applicant for | |
| or holder of the licence or any other person, including | |
| (a) the time within which and manner in which the | |
| firearm is to be returned; | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Section | |
| 37 | |
| Page 53 | |
| (b) the manner in which the applicant or holder is to | |
| have access to the firearm during the period beginning | |
| with the return of the firearm and ending with its dis- | |
| posal; and | |
| (c) the manner in which the firearm is to be disposed | |
| of. | |
| Effect | |
| (9) An order made under subsection (7) takes effect on | |
| (a) the day after the day on which the period for mak- | |
| ing an appeal has expired, if no appeal is made; or | |
| (b) the day on which a final determination is made in | |
| respect of the appeal, if an appeal is made and the de- | |
| cision of the chief firearms officer is confirmed. | |
| If decision confirmed | |
| (10) If the appeal has been finally determined and the | |
| decision of the chief firearms officer is confirmed, the ap- | |
| plicant for or holder of the licence must lawfully dispose | |
| of a firearm that was delivered to a peace officer under | |
| subsection (6) within 30 days after the day on which the | |
| firearm is returned to them. Sections 91, 92 and 94 of the | |
| Criminal Code do not apply to the applicant or holder in | |
| relation to such a firearm during that 30-day period. | |
| 38 (1) Subsection 87(1) of the Act is amended by | |
| adding the following after paragraph (a): | |
| (a.1) every licence that is the subject of a suspension | |
| under section 69.1; | |
| (2) Paragraph 87(1)(c) of the Act is replaced by | |
| the following: | |
| (c) every prohibition order and protection order, and | |
| any variation or revocation of such orders, of which | |
| the chief firearms officer is informed under section 89; | |
| and | |
| 39 The Act is amended by adding the following | |
| after section 88: | |
| Disclosure of Information | |
| Authorization to disclose | |
| 88.1 (1) If the Commissioner, the Registrar or a chief | |
| firearms officer has reasonable grounds to suspect that | |
| an individual is using or has used a licence to transfer or | |
| offer to transfer a firearm for the purpose of committing | |
| an offence referred to in subsection 99(1) or 100(1) of the | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 37-39 | |
| Page 54 | |
| Criminal Code, the Commissioner, the Registrar or the | |
| chief firearms officer may disclose, for the purpose of in- | |
| vestigating or prosecuting an offence under that subsec- | |
| tion, the following information to a law enforcement | |
| agency: | |
| (a) the individual’s name, date of birth and address; | |
| (b) the licence number and province of issuance of the | |
| individual’s most recent licence and the dates of issue | |
| of the first licence and most recent licence issued to | |
| the individual; | |
| (c) a list of all restricted and prohibited firearms ac- | |
| quired by the individual and whether they were ac- | |
| quired from a business or an individual; | |
| (d) the number, date of issue and expiration date of | |
| the registration certificates for all firearms for which | |
| the individual was issued a registration certificate and | |
| the firearm identification number of those firearms; | |
| (e) the serial number, make, model, manufacturer, | |
| calibre and barrel length of all firearms for which the | |
| individual was issued a registration certificate; | |
| (f) whether a firearm for which the individual was is- | |
| sued a registration certificate has been transferred or | |
| reported lost or stolen; and | |
| (g) any other prescribed information. | |
| For greater certainty | |
| (2) For greater certainty, nothing in subsection (1) is in- | |
| tended to derogate from the powers conferred on the | |
| Commissioner, the Registrar or a chief firearms officer | |
| under this Act or any other Act of Parliament or an Act of | |
| a provincial legislature or the common law to disclose in- | |
| formation to a law enforcement agency. | |
| 40 The heading before section 89 is replaced by | |
| the following: | |
| Reporting of Prohibition Orders and | |
| Protection Orders | |
| 41 Section 89 of the Act is renumbered as subsec- | |
| tion 89(1) and is amended by adding the follow- | |
| ing: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 39-41 | |
| Page 55 | |
| Protection order | |
| (2) Any competent authority that makes, varies or re- | |
| vokes a protection order shall have a chief firearms offi- | |
| cer informed of the protection order or its variation or re- | |
| vocation within 24 hours. | |
| 42 Subsection 93(1) of the Act is replaced by the | |
| following: | |
| Report to federal Minister | |
| 93 (1) The Commissioner shall, no later than May 31 of | |
| each year and at any other times that the federal Minister | |
| may in writing request, submit to the federal Minister a | |
| report, in the form and including the information that | |
| the federal Minister may direct, with regard to the ad- | |
| ministration of this Act. | |
| Information on disclosures | |
| (1.1) Each report shall include information relating to | |
| the disclosures made under section 88.1 during the peri- | |
| od to which the report relates, including the number of | |
| disclosures made to a law enforcement agency. | |
| 43 The Act is amended by adding the following | |
| after section 97: | |
| Exception — handguns | |
| 97.1 Sections 12.2 and 19.1 do not apply in respect of an | |
| individual who | |
| (a) holds an authorization to carry in respect of a | |
| handgun; or | |
| (b) meets the prescribed criteria and annually pro- | |
| vides a letter to a chief firearms officer from a provin- | |
| cial or national sport shooting governing body indicat- | |
| ing | |
| (i) that they are training, competing or coaching in | |
| a handgun shooting discipline that is on the pro- | |
| gramme of the International Olympic Committee or | |
| the International Paralympic Committee, | |
| (ii) the disciplines in which they train, compete or | |
| coach, and | |
| (iii) that the handgun in question is necessary for | |
| training, competing or coaching in those disci- | |
| plines. | |
| 44 The Act is amended by adding the following | |
| after section 111: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 41-44 | |
| Page 56 | |
| Advertising | |
| 112 (1) Every business or every person referred to be- | |
| low commits an offence that advertises a firearm in a | |
| manner that depicts, counsels or promotes violence | |
| against a person: | |
| (a) a person who is an owner of or partner in the busi- | |
| ness; | |
| (b) if the business is a corporation, a person who is a | |
| director or officer of the corporation; | |
| (c) a person who has a relationship with a person re- | |
| ferred to in paragraph (a) or (b) and who has a direct | |
| influence on the operations of the business. | |
| Exception | |
| (1.1) Subsection (1) does not apply to persons or busi- | |
| nesses that advertise in their usual course of business di- | |
| rectly to or on behalf of the film industry, the Canadian | |
| Forces or public safety personnel. | |
| Punishment | |
| (2) Every business that, or every person referred to in | |
| paragraph (1)(a), (b) or (c) who, commits an offence un- | |
| der subsection (1) | |
| (a) is guilty of an indictable offence and liable to im- | |
| prisonment | |
| (i) in the case of a first offence, for a term not ex- | |
| ceeding two years, and | |
| (ii) in the case of a second or subsequent offence, | |
| for a term not exceeding five years; or | |
| (b) is guilty of an offence punishable on summary | |
| conviction. | |
| 45 (1) Paragraph 117(a) of the Act is replaced by | |
| the following: | |
| (a) defining the expression “protection order” for the | |
| purposes of this Act; | |
| (a.01) regulating the issuance of licences, registration | |
| certificates and authorizations, including regulations | |
| respecting the purposes for which they may be issued | |
| under any provision of this Act and prescribing the | |
| circumstances in which persons are or are not eligible | |
| to hold licences; | |
| (1.1) Subparagraph 117(i)(i) of the Act is replaced | |
| by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 44-45 | |
| Page 57 | |
| (i) prohibited firearms, prohibited weapons, re- | |
| stricted weapons, prohibited devices, prohibited | |
| ammunition and firearm parts, or | |
| (1.11) The portion of paragraph 117(k) of the Act | |
| after subparagraph (ii) is replaced by the follow- | |
| ing: | |
| of firearms, prohibited weapons, restricted weapons, | |
| prohibited devices, ammunition, prohibited ammuni- | |
| tion, cartridge magazines and components and parts | |
| designed exclusively for use in the manufacture of or | |
| assembly into firearms; | |
| (1.2) Paragraph 117(k.1) of the Act is replaced by | |
| the following: | |
| (k.1) respecting the importation or exportation of | |
| firearms, prohibited weapons, restricted weapons, | |
| prohibited devices, ammunition, prohibited ammuni- | |
| tion, cartridge magazines and components and parts | |
| designed exclusively for use in the manufacture of or | |
| assembly into firearms; | |
| (2) Paragraph 117(k.3) of the Act is replaced by | |
| the following: | |
| (k.3) respecting the confirmation of declarations and | |
| authorizations to transport for the purposes of para- | |
| graph 35(1)(b) and the confirmation of declarations | |
| for the purposes of subsections 37(2) and 38(2); | |
| (k.4) respecting the disposal of ammunition and car- | |
| tridge magazines referred to in subsection 37(4) and of | |
| firearm parts referred to in subsection 38(4); | |
| Transitional Provisions | |
| Protection orders | |
| 46 Section 6.1 of the Firearms Act, as enacted by | |
| section 16, and section 70.2 of that Act, as enacted | |
| by section 36, apply only in respect of protection | |
| orders, as defined in subsection 2(1) of that Act, | |
| made on or after the day on which section 15 | |
| comes into force. | |
| Registration certificates — handguns | |
| 47 Section 12.2 of the Firearms Act, as enacted by | |
| section 17, does not apply in respect of a registra- | |
| tion certificate for which an application was sub- | |
| mitted in accordance with section 54 of that Act | |
| before the day on which that section 17 comes in- | |
| to force. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Amendments to the Act | |
| Sections 45-47 | |
| Page 58 | |
| Pending reference | |
| 48 Subsection 72(6) of the Firearms Act, as it | |
| read immediately before the day on which sec- | |
| tion 37 comes into force, continues to apply in re- | |
| spect of an applicant for or holder of a licence | |
| who referred the refusal to issue it or revocation | |
| of it to a provincial court judge under section 74 | |
| of the Firearms Act before that day if, on that | |
| day, the reference has not been finally disposed | |
| of. | |
| 1997, c. 9 | |
| Nuclear Safety and Control Act | |
| 49 Section 2 of the Nuclear Safety and Control | |
| Act is amended by adding the following in alpha- | |
| betical order: | |
| firearm has the same meaning as in section 2 of the | |
| Criminal Code. (arme à feu) | |
| high-security site means a nuclear facility where Cate- | |
| gory I nuclear material or Category II nuclear materi- | |
| al, as those terms are defined in section 1 of the Nuclear | |
| Security Regulations, is processed, used or stored. (site | |
| à sécurité élevée) | |
| nuclear security officer means an employee who is des- | |
| ignated as a nuclear security officer under subsection | |
| 27.1(2). (agent de sécurité nucléaire) | |
| on-site nuclear response force means the on-site nu- | |
| clear response force referred to in subsection 27.2(1). | |
| (force d’intervention nucléaire interne) | |
| prohibited device has the same meaning as in subsec- | |
| tion 84(1) of the Criminal Code. (dispositif prohibé) | |
| prohibited weapon has the same meaning as in subsec- | |
| tion 84(1) of the Criminal Code. (arme prohibée) | |
| 50 The Act is amended by adding the following | |
| after section 27: | |
| High-security Sites | |
| Security at site | |
| 27.1 (1) A licensee who operates a high-security site is | |
| responsible for ensuring the security of the site in accor- | |
| dance with section 27.2 and the prescribed requirements. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Firearms Act | |
| Transitional Provisions | |
| Sections 48-50 | |
| Page 59 | |
| Nuclear security officers | |
| (2) The licensee may, in accordance with the regulations, | |
| (a) designate as a nuclear security officer any employ- | |
| ee of the licensee who meets the prescribed require- | |
| ments; and | |
| (b) suspend or revoke the designation. | |
| Restriction | |
| (3) An employee designated as a nuclear security officer | |
| may exercise the powers and perform the duties and | |
| functions of a nuclear security officer only if they are des- | |
| ignated as a peace officer under subsection 27.3(1). | |
| Preservation and maintenance of public peace | |
| (4) A nuclear security officer’s duties include the preser- | |
| vation and maintenance of the public peace at the high- | |
| security site. | |
| On-site nuclear response force | |
| 27.2 (1) A licensee who operates a high-security site | |
| shall at all times maintain an on-site nuclear response | |
| force that is composed of nuclear security officers who | |
| are | |
| (a) designated as peace officers under subsection | |
| 27.3(1); | |
| (b) trained in the handling and use of firearms, pro- | |
| hibited weapons and prohibited devices and qualified | |
| to handle and use them; | |
| (c) posted to the high-security site on a permanent | |
| basis; and | |
| (d) armed and equipped in accordance with the regu- | |
| lations. | |
| Additional training | |
| (2) If the licensee acquires any firearms, prohibited | |
| weapons or prohibited devices in accordance with an au- | |
| thorization granted under subsection 27.4(1), the licensee | |
| shall ensure that the members of the on-site nuclear re- | |
| sponse force are trained in the handling and use of those | |
| firearms, prohibited weapons or prohibited devices and | |
| that the members are qualified to handle and use them. | |
| Exemption | |
| (3) The licensee is not required to comply with subsec- | |
| tion (1) if the licensee | |
| (a) makes on-site security arrangements with a local, | |
| provincial or federal police service or with the | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Nuclear Safety and Control Act | |
| Section | |
| 50 | |
| Page 60 | |
| Canadian Forces that meet the prescribed require- | |
| ments and are approved by the Commission; or | |
| (b) takes other security measures that meet the pre- | |
| scribed requirements and are approved by the Com- | |
| mission. | |
| Peace officer designation | |
| 27.3 (1) The Commission may, in accordance with the | |
| regulations, | |
| (a) designate any nuclear security officer as a peace | |
| officer for a high-security site; and | |
| (b) suspend or revoke the designation. | |
| Effect of designation | |
| (2) Subject to subsection (3), a nuclear security officer | |
| who is designated as a peace officer is a peace officer | |
| within the meaning of the Criminal Code for the purpose | |
| of performing their duties and functions at the high-secu- | |
| rity site for which they are designated and for the pur- | |
| pose of performing any prescribed off-site duties and | |
| functions that are ancillary to their duties and functions | |
| at the site. | |
| Limits on powers | |
| (3) A nuclear security officer who is designated as a | |
| peace officer may exercise only the following powers as a | |
| peace officer and may do so only at the high-security site | |
| for which they are designated: | |
| (a) verifying the identity of any individual; | |
| (b) conducting searches of individuals and things; | |
| (c) arresting without a warrant, in accordance with | |
| the Criminal Code, any individual whom the nuclear | |
| security officer finds committing an offence under this | |
| Act, the Criminal Code or the Controlled Drugs and | |
| Substances Act that poses a risk to the safety or secu- | |
| rity of the site or any individual whom the nuclear se- | |
| curity officer believes on reasonable grounds has com- | |
| mitted or is about to commit such an offence at the | |
| site; and | |
| (d) seizing any thing | |
| (i) that the nuclear security officer believes on rea- | |
| sonable grounds poses a risk to the safety or securi- | |
| ty of the site, or | |
| (ii) in relation to which the nuclear security officer | |
| believes on reasonable grounds that an offence | |
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| Section | |
| 50 | |
| Page 61 | |
| referred to in paragraph (c) has been, is being or is | |
| about to be committed. | |
| Use of force | |
| (4) Subsections 25(1), (3) and (4) of the Criminal Code | |
| apply to a nuclear security officer who is designated as a | |
| peace officer only when they are exercising their powers | |
| as a peace officer at the high-security site for which they | |
| are designated. | |
| Arrested individuals and seized things | |
| (5) If a nuclear security officer who is designated as a | |
| peace officer arrests an individual under paragraph (3)(c) | |
| or seizes a thing under paragraph (3)(d), the nuclear se- | |
| curity officer shall arrange for the appropriate police ser- | |
| vice to take custody of the individual or thing as soon as | |
| feasible after the arrest or seizure. | |
| Complaints process | |
| (6) The Commission shall, in accordance with the regula- | |
| tions, ensure that there is a process for handling com- | |
| plaints with respect to the conduct of nuclear security of- | |
| ficers in the exercise of their powers or the performance | |
| of their duties and functions as peace officers. | |
| Firearms, prohibited weapons and prohibited devices | |
| 27.4 (1) Despite Part III of the Criminal Code and the | |
| Firearms Act, and subject to subsection (2), the Commis- | |
| sion may grant an authorization, with or without condi- | |
| tions, to a licensee who operates a high-security site to | |
| acquire, possess, transfer and dispose of firearms, pro- | |
| hibited weapons and prohibited devices in order to carry | |
| out the responsibility referred to in subsection 27.1(1). | |
| Restriction | |
| (2) An authorization granted under subsection (1) may | |
| authorize a licensee to transfer firearms, prohibited | |
| weapons and prohibited devices only to a public service | |
| agency or to another licensee to whom an authorization | |
| has been granted under that subsection. | |
| Transfer to licensee | |
| (3) Despite Part III of the Criminal Code and the | |
| Firearms Act, the Commission, a public service agency or | |
| any person in lawful possession of firearms, prohibited | |
| weapons or prohibited devices may transfer firearms, | |
| prohibited weapons and prohibited devices to a licensee | |
| to whom an authorization has been granted under sub- | |
| section (1). | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Nuclear Safety and Control Act | |
| Section | |
| 50 | |
| Page 62 | |
| Reporting to Registrar of Firearms | |
| (4) A licensee to whom an authorization is granted under | |
| subsection (1) shall, as if the licensee were a public ser- | |
| vice agency, provide the Registrar of Firearms referred to | |
| in section 82 of the Firearms Act with the advisory infor- | |
| mation referred to in section 12 of the Public Agents | |
| Firearms Regulations and the reports referred to in sec- | |
| tions 8 to 10, 11, 13, 14 and 16 of those Regulations. How- | |
| ever, any reference to “October 31, 2008” in those Regula- | |
| tions is to be read as a reference to the day on which the | |
| authorization is granted to the licensee and any reference | |
| to “October 31, 2009” in those Regulations is to be read as | |
| a reference to the first anniversary of the day on which | |
| the authorization is granted. | |
| Reporting to Commission | |
| (5) A licensee to whom an authorization is granted under | |
| subsection (1) shall, in accordance with the regulations, | |
| report to the Commission with respect to the advisory in- | |
| formation and reports that the licensee provides under | |
| the Public Agents Firearms Regulations. | |
| Definition of public service agency | |
| (6) In this section, public service agency has the same | |
| meaning as in section 1 of the Public Agents Firearms | |
| Regulations. | |
| Delegation to President | |
| 27.5 The Commission may delegate to the President the | |
| powers conferred on it under subsection 27.3(1) or sec- | |
| tion 27.4. | |
| 51 Subsection 44(1) of the Act is amended by | |
| adding the following after paragraph (m): | |
| (m.1) respecting the designation of employees of a li- | |
| censee who operates a high-security site as nuclear se- | |
| curity officers and the suspension or revocation of | |
| those designations; | |
| (m.2) respecting the powers, duties and functions of | |
| nuclear security officers, including | |
| (i) any duties to be performed off-site that are an- | |
| cillary to their duties at a high-security site, and | |
| (ii) their powers, duties and functions as members | |
| of an on-site nuclear response force; | |
| (m.3) respecting the carrying, handling, use, storage | |
| and transportation of prohibited weapons by nuclear | |
| security officers who are not members of an on-site | |
| 2021-2022-2023 | |
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| amendments (firearms) | |
| Nuclear Safety and Control Act | |
| Sections 50-51 | |
| Page 63 | |
| nuclear response force in the exercise of their powers | |
| or the performance of their duties and functions and | |
| respecting the equipment that is to be provided to | |
| them for the purposes of exercising those powers or | |
| performing those duties and functions; | |
| (m.4) respecting the carrying, handling, use, storage | |
| and transportation of firearms, prohibited weapons | |
| and prohibited devices by members of an on-site nu- | |
| clear response force in the exercise of their powers or | |
| the performance of their duties and functions and re- | |
| specting the equipment that is to be provided to them | |
| for the purposes of exercising those powers or per- | |
| forming those duties and functions; | |
| (m.5) respecting the designation of nuclear security | |
| officers as peace officers and the suspension or revoca- | |
| tion of those designations; | |
| (m.6) respecting the process for handling complaints | |
| with respect to the conduct of nuclear security officers | |
| in the exercise of their powers or the performance of | |
| their duties and functions as peace officers, including | |
| the filing and reviewing of complaints and the manner | |
| in which they are to be resolved; | |
| (m.7) respecting authorizations granted under sub- | |
| section 27.4(1); | |
| (m.8) respecting the powers, duties and functions of | |
| the Registrar of Firearms in relation to the require- | |
| ments set out in subsection 27.4(4), including the as- | |
| signment of identification numbers to licensees and | |
| firearms; | |
| (m.9) respecting a licensee’s obligation to report to | |
| the Commission under subsection 27.4(5); | |
| 2001, c. 27 | |
| Immigration and Refugee | |
| Protection Act | |
| 52 Paragraph 4(2)(c) of the Immigration and | |
| Refugee Protection Act is replaced by the follow- | |
| ing: | |
| (c) the establishment of policies respecting the en- | |
| forcement of this Act and inadmissibility on grounds | |
| of security, organized criminality, violating human or | |
| international rights or transborder criminality; or | |
| 53 (1) Paragraphs 36(1)(a) to (c) of the French | |
| version of the Act are replaced by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Nuclear Safety and Control Act | |
| Sections 51-53 | |
| Page 64 | |
| a) être déclaré coupable au Canada d’une infraction | |
| prévue sous le régime d’une loi fédérale punissable | |
| d’un emprisonnement maximal d’au moins dix ans ou | |
| d’une infraction prévue sous le régime d’une loi fédé- | |
| rale pour laquelle un emprisonnement de plus de six | |
| mois est infligé; | |
| b) être déclaré coupable, à l’extérieur du Canada, | |
| d’une infraction qui, commise au Canada, constitue- | |
| rait une infraction sous le régime d’une loi fédérale | |
| punissable d’un emprisonnement maximal d’au moins | |
| dix ans; | |
| c) commettre, à l’extérieur du Canada, une infraction | |
| qui, commise au Canada, constituerait une infraction | |
| sous le régime d’une loi fédérale punissable d’un em- | |
| prisonnement maximal d’au moins dix ans. | |
| (2) Paragraphs 36(2)(a) to (c) of the French ver- | |
| sion of the Act are replaced by the following: | |
| a) être déclaré coupable au Canada d’une infraction | |
| prévue sous le régime d’une loi fédérale punissable par | |
| mise en accusation ou de deux infractions prévues | |
| sous le régime de toute loi fédérale qui ne découlent | |
| pas des mêmes faits; | |
| b) être déclaré coupable, à l’extérieur du Canada, | |
| d’une infraction qui, commise au Canada, constitue- | |
| rait une infraction sous le régime d’une loi fédérale | |
| punissable par mise en accusation ou de deux infrac- | |
| tions qui ne découlent pas des mêmes faits et qui, | |
| commises au Canada, constitueraient des infractions | |
| sous le régime de toute loi fédérale; | |
| c) commettre, à l’extérieur du Canada, une infraction | |
| qui, commise au Canada, constituerait une infraction | |
| sous le régime d’une loi fédérale punissable par mise | |
| en accusation; | |
| (3) Subsection 36(2) of the Act is amended by | |
| adding “or” at the end of paragraph (b), by strik- | |
| ing out “or” at the end of paragraph (c) and by | |
| repealing paragraph (d). | |
| (4) Section 36 of the Act is amended by adding the | |
| following after subsection (2): | |
| Transborder criminality | |
| (2.1) A foreign national is inadmissible on grounds of | |
| transborder criminality for committing, on entering | |
| Canada, a prescribed offence under an Act of Parliament. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Immigration and Refugee Protection Act | |
| Section | |
| 53 | |
| Page 65 | |
| (5) The portion of subsection 36(3) of the Act be- | |
| fore paragraph (a) is replaced by the following: | |
| Application | |
| (3) The following provisions govern subsections (1) to | |
| (2.1): | |
| (6) Paragraph 36(3)(b) of the English version of | |
| the Act is replaced by the following: | |
| (b) inadmissibility under subsections (1) to (2.1) may | |
| not be based on a conviction in respect of which a | |
| record suspension has been ordered and has not been | |
| revoked or ceased to have effect under the Criminal | |
| Records Act, or in respect of which there has been a fi- | |
| nal determination of an acquittal; | |
| (7) The portion of paragraph 36(3)(e) of the En- | |
| glish version of the Act before subparagraph (i) | |
| is replaced by the following: | |
| (e) inadmissibility under subsections (1) to (2.1) may | |
| not be based on an offence | |
| 54 Paragraph 37(1)(a) of the French version of | |
| the Act is replaced by the following: | |
| a) être membre d’une organisation dont il y a des mo- | |
| tifs raisonnables de croire qu’elle se livre ou s’est livrée | |
| à des activités faisant partie d’un plan d’activités cri- | |
| minelles organisées par plusieurs personnes agissant | |
| de concert en vue de la perpétration d’une infraction | |
| prévue sous le régime d’une loi fédérale punissable par | |
| mise en accusation ou de la perpétration, hors du | |
| Canada, d’une infraction qui, commise au Canada, | |
| constituerait une telle infraction, ou se livrer à des ac- | |
| tivités faisant partie d’un tel plan; | |
| 55 Paragraph 55(3)(b) of the Act is replaced by | |
| the following: | |
| (b) has reasonable grounds to suspect that the perma- | |
| nent resident or the foreign national is inadmissible | |
| on grounds of security, violating human or interna- | |
| tional rights, serious criminality, criminality, trans- | |
| border criminality or organized criminality. | |
| 56 Paragraph 58(1)(c) of the Act is replaced by | |
| the following: | |
| (c) the Minister is taking necessary steps to inquire | |
| into a reasonable suspicion that they are inadmissible | |
| on grounds of security, violating human or interna- | |
| tional rights, serious criminality, criminality, trans- | |
| border criminality or organized criminality; | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Immigration and Refugee Protection Act | |
| Sections 53-56 | |
| Page 66 | |
| 57 Subsection 68(4) of the Act is replaced by the | |
| following: | |
| Termination and cancellation | |
| (4) If the Immigration Appeal Division has stayed a re- | |
| moval order against a permanent resident or a foreign | |
| national who was found inadmissible on grounds of seri- | |
| ous criminality, criminality or transborder criminality, | |
| and they are convicted of another offence referred to in | |
| subsection 36(1), the stay is cancelled by operation of law | |
| and the appeal is terminated. | |
| 58 Paragraph 100(2)(b) of the French version of | |
| the Act is replaced by the following: | |
| b) il l’estime nécessaire, afin qu’il soit statué sur une | |
| accusation pour une infraction prévue sous le régime | |
| d’une loi fédérale punissable d’un emprisonnement | |
| maximal d’au moins dix ans. | |
| 59 Paragraphs 101(2)(a) and (b) of the French | |
| version of the Act are replaced by the following: | |
| a) une déclaration de culpabilité au Canada pour une | |
| infraction prévue sous le régime d’une loi fédérale pu- | |
| nissable d’un emprisonnement maximal d’au moins | |
| dix ans; | |
| b) une déclaration de culpabilité à l’extérieur du | |
| Canada pour une infraction qui, commise au Canada, | |
| constituerait une infraction sous le régime d’une loi fé- | |
| dérale punissable d’un emprisonnement maximal d’au | |
| moins dix ans. | |
| 60 Paragraph 103(1)(b) of the French version of | |
| the Act is replaced by the following: | |
| b) il l’estime nécessaire, afin qu’il soit statué sur une | |
| accusation pour une infraction prévue sous le régime | |
| d’une loi fédérale punissable d’un emprisonnement | |
| maximal d’au moins dix ans. | |
| 61 Subsection 105(1) of the French version of the | |
| Act is replaced by the following: | |
| Sursis | |
| 105 (1) La Section de la protection des réfugiés ou la | |
| Section d’appel des réfugiés sursoit à l’étude de l’affaire si | |
| la personne est visée par un arrêté introductif d’instance | |
| pris au titre de l’article 15 de la Loi sur l’extradition pour | |
| une infraction prévue sous le régime d’une loi fédérale | |
| punissable d’un emprisonnement d’une durée maximale | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Immigration and Refugee Protection Act | |
| Sections 56-61 | |
| Page 67 | |
| égale ou supérieure à dix ans tant qu’il n’a pas été statué | |
| en dernier ressort sur la demande d’extradition. | |
| 62 Paragraph 112(3)(b) of the French version of | |
| the Act is replaced by the following: | |
| b) il est interdit de territoire pour grande criminalité | |
| pour déclaration de culpabilité au Canada pour une in- | |
| fraction prévue sous le régime d’une loi fédérale pu- | |
| nissable d’un emprisonnement maximal d’au moins | |
| dix ans ou pour toute déclaration de culpabilité à l’ex- | |
| térieur du Canada pour une infraction qui, commise | |
| au Canada, constituerait une infraction sous le régime | |
| d’une loi fédérale punissable d’un emprisonnement | |
| maximal d’au moins dix ans; | |
| 63 (1) Subparagraph 113(e)(i) of the Act is re- | |
| placed by the following: | |
| (i) an applicant who is determined to be inadmissi- | |
| ble on grounds of serious criminality with respect | |
| to a conviction in Canada of an offence under an | |
| Act of Parliament punishable by a maximum term | |
| of imprisonment of at least 10 years for which a | |
| term of imprisonment of less than two years — or | |
| no term of imprisonment — was imposed, and | |
| (2) Subparagraph 113(e)(ii) of the French version | |
| of the Act is replaced by the following: | |
| (ii) celui qui est interdit de territoire pour grande | |
| criminalité pour déclaration de culpabilité à l’exté- | |
| rieur du Canada pour une infraction qui, commise | |
| au Canada, constituerait une infraction sous le ré- | |
| gime d’une loi fédérale punissable d’un emprison- | |
| nement maximal d’au moins dix ans, sauf s’il a été | |
| conclu qu’il est visé à la section F de l’article pre- | |
| mier de la Convention sur les réfugiés. | |
| 2019, c. 9 | |
| An Act to amend certain Acts | |
| and Regulations in relation to | |
| firearms | |
| 64 (1) Subsection 22(1) of An Act to amend cer- | |
| tain Acts and Regulations in relation to firearms | |
| is replaced by the following: | |
| An Act to amend certain Acts and to make certain | |
| consequential amendments (firearms) | |
| 22 (1) Sections 1, 16 and 18 come into force on the | |
| day on which section 64 of An Act to amend | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Immigration and Refugee Protection Act | |
| Sections 61-64 | |
| Page 68 | |
| certain Acts and to make certain consequential | |
| amendments (firearms) comes into force. | |
| (2) Section 22 of the Act is amended by adding the | |
| following after subsection (2): | |
| Order in council | |
| (2.1) Subsections 3(2) and 4(2) and sections 19 to | |
| 21 come into force on a day to be fixed by order of | |
| the Governor in Council. | |
| Consequential Amendments | |
| 2019, c. 9 | |
| An Act to amend certain Acts and | |
| Regulations in relation to firearms | |
| 65 Subsection 3(2) of An Act to amend certain | |
| Acts and Regulations in relation to firearms is | |
| repealed. | |
| 66 Subsection 4(2) of the Act is repealed. | |
| SOR/2002-227 | |
| Immigration and Refugee Protection | |
| Regulations | |
| 67 The portion of section 19 of the Immigration | |
| and Refugee Protection Regulations before | |
| paragraph (a) is replaced by the following: | |
| Transborder crime | |
| 19 For the purposes of subsection 36(2.1) of the Act, in- | |
| dictable offences under the following Acts of Parliament | |
| are prescribed: | |
| 68 Paragraph 229(1)(d) of the Regulations is re- | |
| placed by the following: | |
| (d) a deportation order, if they are inadmissible under | |
| paragraph 36(2)(b) or (c) of the Act on grounds of | |
| criminality or under subsection 36(2.1) of the Act on | |
| grounds of transborder criminality; | |
| 69 Paragraph 230(3)(c) of the Regulations is re- | |
| placed by the following: | |
| (c) is inadmissible under subsection 36(1) of the Act | |
| on grounds of serious criminality, under subsection | |
| 36(2) of the Act on grounds of criminality or under | |
| subsection 36(2.1) of the Act on grounds of transbor- | |
| der criminality; | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| An Act to amend certain Acts and Regulations in relation to firearms | |
| Sections 64-69 | |
| Page 69 | |
| Coordinating Amendments | |
| Bill S-4 | |
| 70 (1) Subsections (2) to (4) apply if Bill S-4, in- | |
| troduced in the 1st session of the 44th Parliament | |
| and entitled An Act to amend the Criminal Code | |
| and the Identification of Criminals Act and to | |
| make | |
| related | |
| amendments | |
| to | |
| other | |
| Acts | |
| (COVID-19 response and other measures) (in this | |
| section referred to as the “other Act”), receives | |
| royal assent. | |
| (2) On the first day on which both section 2 of the | |
| other Act and section 4 of this Act are in force | |
| (a) the portion of subsection 110.1(7) of the | |
| Criminal Code before paragraph (a) is re- | |
| placed by the following: | |
| Report to justice | |
| (7) A peace officer who executes a warrant referred to in | |
| subsection (5) or who conducts a search without a war- | |
| rant under subsection (6) shall immediately make a re- | |
| port to a justice having jurisdiction in respect of the mat- | |
| ter and, in the case of an execution of a warrant, jurisdic- | |
| tion in the province in which the warrant was issued, | |
| showing | |
| (b) the English version of subsection 110.2(4) of | |
| the Criminal Code is replaced by the following: | |
| Procedure | |
| (4) If an order is made under subsection (1), all docu- | |
| ments relating to, as the case may be, the order made un- | |
| der that subsection, the order made under subsection | |
| 110.1(3), the warrant issued under subsection 110.1(5) or, | |
| in the case of a search and seizure conducted without a | |
| warrant under subsection 110.1(6), the report made un- | |
| der subsection 110.1(7) shall — subject to any terms and | |
| conditions that the provincial court judge considers de- | |
| sirable in the circumstances, including, without limiting | |
| the generality of the foregoing, any term or condition | |
| concerning partial disclosure of a document, deletion of | |
| any information or the occurrence of a condition — be | |
| immediately placed in a packet and sealed by the judge, | |
| and the packet shall be kept in the custody of the court in | |
| a place to which the public has no access or in any other | |
| place that the judge may authorize and shall not be dealt | |
| with except in accordance with the terms and conditions | |
| specified in the order or as varied under subsection (5). | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Coordinating Amendments | |
| Section | |
| 70 | |
| Page 70 | |
| (3) On the first day on which both section 2 of the | |
| other Act and section 10 of this Act are in force, | |
| (a) the portion of subsection 117.0101(8) of the | |
| Criminal Code before paragraph (a) is re- | |
| placed by the following: | |
| Report to justice | |
| (8) A peace officer who executes a warrant referred to in | |
| subsection (6) or who conducts a search without a war- | |
| rant under subsection (7) shall immediately make a re- | |
| port to a justice having jurisdiction in respect of the mat- | |
| ter and, in the case of an execution of a warrant, jurisdic- | |
| tion in the province in which the warrant was issued, | |
| showing | |
| (b) the English version of subsection 117.0102(4) | |
| of the Criminal Code is replaced by the follow- | |
| ing: | |
| Procedure | |
| (4) If an order is made under subsection (1), all docu- | |
| ments relating to, as the case may be, the order made un- | |
| der that subsection, the order made under subsection | |
| 117.0101(3), the warrant issued under subsection | |
| 117.0101(6) or, in the case of a search and seizure con- | |
| ducted without a warrant under subsection 117.0101(7), | |
| the report made under subsection 117.0101(8) shall — | |
| subject to any terms and conditions that the provincial | |
| court judge considers desirable in the circumstances, in- | |
| cluding, without limiting the generality of the foregoing, | |
| any term or condition concerning partial disclosure of a | |
| document, deletion of any information or the occurrence | |
| of a condition — be immediately placed in a packet and | |
| sealed by the judge, and the packet shall be kept in the | |
| custody of the court in a place to which the public has no | |
| access or in any other place that the judge may authorize | |
| and shall not be dealt with except in accordance with the | |
| terms and conditions specified in the order or as varied | |
| under subsection (5). | |
| (4) On the first day on which section 22 of the oth- | |
| er Act and sections 4 and 10 of this Act are all in | |
| force | |
| (a) the portion of subsection 487.093(1) of the | |
| Criminal Code before paragraph (a) is re- | |
| placed by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Coordinating Amendments | |
| Section | |
| 70 | |
| Page 71 | |
| Duty of person executing certain warrants | |
| 487.093 (1) A person who executes a warrant issued | |
| under subsection 110.1(5), 117.0101(6), 117.04(1), 199(1), | |
| 395(1) or 487(1) shall, during that execution, | |
| (b) subsection 487.1(1) of the Criminal Code is | |
| amended by adding the following after para- | |
| graph (b): | |
| (b.1) a warrant under subsection 110.1(5); | |
| (b.2) a warrant under subsection 117.0101(6); | |
| Bill C-5 | |
| 71 (1) Subsections (2) to (6) apply if Bill C-5, in- | |
| troduced in the 1st session of the 44th Parliament | |
| and entitled An Act to amend the Criminal Code | |
| and the Controlled Drugs and Substances Act (in | |
| this section referred to as the “other Act”), re- | |
| ceives royal assent. | |
| (2) On the first day on which both section 4 of the | |
| other Act and section 14 of this Act are in force, | |
| paragraph 95(2)(a) of the Criminal Code is re- | |
| placed by the following: | |
| (a) is guilty of an indictable offence and liable to im- | |
| prisonment for a term of not more than 14 years; or | |
| (3) On the first day on which both section 5 of the | |
| other Act and section 14 of this Act are in force, | |
| paragraph 96(2)(a) of the Criminal Code is re- | |
| placed by the following: | |
| (a) is guilty of an indictable offence and liable to im- | |
| prisonment for a term of not more than 14 years; or | |
| (4) On the first day on which both section 6 of the | |
| other Act and section 14 of this Act are in force, | |
| subsection 99(3) of the Criminal Code is replaced | |
| by the following: | |
| Punishment — other cases | |
| (3) In any other case, a person who commits an offence | |
| under subsection (1) is guilty of an indictable offence and | |
| liable to imprisonment for a term of not more than 14 | |
| years. | |
| (5) On the first day on which both section 7 of the | |
| other Act and section 14 of this Act are in force, | |
| subsection 100(3) of the Criminal Code is re- | |
| placed by the following: | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Coordinating Amendments | |
| Sections 70-71 | |
| Page 72 | |
| Punishment — other cases | |
| (3) In any other case, a person who commits an offence | |
| under subsection (1) is guilty of an indictable offence and | |
| liable to imprisonment for a term of not more than 14 | |
| years. | |
| (6) On the first day on which both section 8 of the | |
| other Act and section 14 of this Act are in force, | |
| subsection 103(2.1) of the Criminal Code is re- | |
| placed by the following: | |
| Punishment — other cases | |
| (2.1) In any other case, a person who commits an of- | |
| fence under subsection (1) is guilty of an indictable of- | |
| fence and liable to imprisonment for a term of not more | |
| than 14 years. | |
| 2019, c. 9 | |
| 72 (1) In this section, other Act means An Act to | |
| amend certain Acts and Regulations in relation | |
| to firearms, chapter 9 of the Statutes of Canada, | |
| 2019. | |
| (2) If subsection 3(2) of the other Act comes into | |
| force before section 65 of this Act, then that sec- | |
| tion 65 is deemed never to have come into force | |
| and is repealed. | |
| (3) If subsection 3(2) of the other Act comes into | |
| force on the same day as section 65 of this Act, | |
| then that section 65 is deemed to have come into | |
| force before that subsection 3(2). | |
| (4) If subsection 4(2) of the other Act comes into | |
| force before section 66 of this Act, then that sec- | |
| tion 66 is deemed never to have come into force | |
| and is repealed. | |
| (5) If subsection 4(2) of the other Act comes into | |
| force on the same day as section 66 of this Act, | |
| then that section 66 is deemed to have come into | |
| force before that subsection 4(2). | |
| Related Provision | |
| Rights of Indigenous peoples | |
| 72.1 (1) The provisions enacted by this Act are to | |
| be construed as upholding the rights of Indige- | |
| nous peoples recognized and affirmed by section | |
| 35 of the Constitution Act, 1982, and not as abro- | |
| gating or derogating from them. | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Coordinating Amendments | |
| Sections 71-72 | |
| Page 73 | |
| Definition of Indigenous peoples | |
| (2) In subsection (1), Indigenous peoples has the | |
| meaning assigned by the definition aboriginal | |
| peoples of Canada in subsection 35(2) of the Con- | |
| stitution Act, 1982. | |
| Coming into Force | |
| Order in council | |
| 73 (1) Subsections 5(1) and (2) and sections 9.1, | |
| 15, 16, 20, 21.2, 26 to 29, 32 to 36, 38, 40, 41 and 45 | |
| come into force on a day or days to be fixed by or- | |
| der of the Governor in Council. | |
| 30th day after royal assent | |
| (1.1) Subsections 3(2) and 13(1.1) come into force | |
| on the 30th day after the day on which this Act re- | |
| ceives royal assent. | |
| Order in council | |
| (2) Sections 49 to 51 come into force on a day to be | |
| fixed by order of the Governor in Council. | |
| Published under authority of the Speaker of the House of Commons | |
| 2021-2022-2023 | |
| Chapter 32: An Act to amend certain Acts and to make certain consequential | |
| amendments (firearms) | |
| Coordinating Amendments | |
| Sections 72-73 | |
| Page 74 | |
| Available on the House of Commons website | |
| Disponible sur le site Web de la Chambre des com | |