An Act to amend certain Acts and to make certain consequential amendments (firearms) (S.C. 2023, c. 32)

• 11.3 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Forfeiture and prohibition order on finding

    (4) If, following the hearing of an application made under 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 circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited 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 Council.

• 12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following:

  • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted 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):

  • (i) a person employed by the Bank of Canada or the Royal Canadian Mint who is responsible for the security of its facilities; or

  • (j) a person employed by any federal agency or body, other than a person employed in the federal public administration, 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 prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition 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 manufacture or transfer, a firearm, a prohibited weapon, a restricted 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:

  • Marginal note: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 individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited 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 restricted 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 section 183 of the Act is amended by adding the following after subparagraph (xviii):

  • (xviii.1) section 104.1 (altering cartridge magazine),

• 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 device, 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 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 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 replaced by the following:

  • (h) abstain from possessing a firearm, cross-bow, prohibited 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 registration 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 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, ammunition, prohibited ammunition or an explosive 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 committed 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, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive 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 replaced 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 prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

• (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

• 13.4 (1) Subsection 810(3.1) of the Act is replaced by the following:

  • Marginal note: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 condition 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 conviction 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:

  • Marginal note: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, ammunition, prohibited ammunition or explosive substance, 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 replaced by the following:

  • Marginal note: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, ammunition, prohibited ammunition or explosive substance, 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 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:

  • Marginal note: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, ammunition, prohibited ammunition or explosive substance, 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 replaced by the following:

  • Marginal note: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, ammunition, prohibited ammunition or explosive substance, 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:

  • Marginal note: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, ammunition, prohibited ammunition or explosive substance, 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.

• 13.10 (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, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, 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 possess” and ends with “(name or title) at (place).” is replaced by the following:

  • □ You must not possess a firearm, crossbow, prohibited 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, licence 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 Conditions” is replaced by the following:

  • □ (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence 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);

• (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

Marginal note: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 paragraph (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).