An Act to amend certain Acts and to make certain consequential amendments (firearms) (S.C. 2023, c. 32)
Full Document:
Assented to 2023-12-15
An Act to amend certain Acts and to make certain consequential amendments (firearms)
S.C. 2023, c. 32
Assented to 2023-12-15
An Act to amend certain Acts and to make certain consequential amendments (firearms)
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 limitations on access order and allow the judge to protect the security 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 purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible 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 licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, 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 licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(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 conditional 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 administration 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 response force members with the authority to carry out the duties 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, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment 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 certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy 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 sections of that Act come into force on the day on which this enactment receives royal assent.
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-46Criminal Code
Amendments to the Act
0.1 (1) Section 2.1 of the Criminal Code is replaced by the following:
Marginal note:Further definitions — firearms
2.1 In this Act, ammunition, antique firearm, automatic 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, licence 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:
Marginal note:Conditions — firearms
(10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests 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 explosive substance, or all of those things, for any period 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 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) 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-automatic manner,
(ii) was originally designed with a detachable cartridge 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
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, ammunition, prohibited ammunition or explosive substance, 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
replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second and at a muzzle energy exceeding 5.7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)
(5) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:
- firearm part
firearm part means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, 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
semi-automatic, in respect of a firearm, means that the firearm that is equipped with a mechanism that, following the discharge of a cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge; (semi-automatique)
(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-restricted 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 before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (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 Council.
1.2 (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Possession for purpose of weapons trafficking
100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted 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 before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (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 Council.
1.3 (1) Subsection 101(1) of the Act is replaced by the following:
Marginal note:Transfer without authority
101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
(2) 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 following after section 102:
Computer Data Offence
Marginal note:Possession of computer data
102.1 (1) Every person commits an offence who possesses 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 purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
Marginal note: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 device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing 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 otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
Marginal note:Punishment
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Definitions of computer data and computer system
(4) In this section, computer data and computer system 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 before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (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 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 Council.
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.
2 The Act is amended by adding the following after section 104:
Offence Relating to Altering Cartridge Magazine
Marginal note:Altering cartridge magazine
104.1 (1) Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not 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 automatic firearm), 103(1) (importing or exporting knowing 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 automatic firearm), 102.1(1) (possession of computer data), 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),
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 possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order 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 determined 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 following:
(a) any firearm, other than a prohibited firearm or restricted 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:
Marginal note: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, restricted weapon, firearm part, ammunition and explosive substance for life.
(4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.
- Date modified: