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
1995, c. 39Firearms Act (continued)
Amendments to the Act (continued)
28 Section 57 of the Act is replaced by the following:
Marginal note:Authorizations to carry or transport
57 A chief firearms officer is responsible for issuing authorizations to carry referred to in paragraph 20(b) and authorizations to transport.
Marginal note:Authorizations to carry referred to in paragraph 20(a)
57.1 The Commissioner is responsible for issuing authorizations to carry referred to in paragraph 20(a).
29 Subsections 58(1) and (1.1) of the Act are replaced by the following:
Marginal note: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.
Marginal note:Exception — licence or authorization
(1.1) However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport is subject to the regulations.
Marginal note: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 Commissioner considers desirable in the particular circumstances 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:
Marginal note:Authorizations to carry
(3) Authorizations to carry referred to in paragraph 20(a) are not valid outside the geographic area set in the authorization by Commissioner. Authorizations to carry referred to in paragraph 20(b) are not valid outside the province in which they are issued.
30.1 Subsection 64(1.2) of the Act is replaced by the following:
Marginal note:No use or acquisition
(1.2) The holder of a licence that is extended under subsection (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 regulation made under an Act of Parliament.
32 Subsections 67(1) and (2) of the Act are replaced by the following:
Marginal note: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.
Marginal note:Renewal — Commissioner
(1.1) The Commissioner may renew an authorization to carry referred to in paragraph 20(a) in the prescribed manner.
Marginal note: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 occupation;
(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.
33 Section 68 of the Act and the heading before it are replaced by the following:
Refusal to Issue and Suspension and Revocation
Marginal note:Refusal to issue — chief firearms officer
68 (1) A chief firearms officer shall refuse to issue a licence 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.
Marginal note:Refusal to issue — Commissioner
(2) The Commissioner may refuse to issue an authorization 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:
Marginal note: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.
Marginal note: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.
Marginal note:Non-disclosure of information
(3) A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person.
Marginal note:Termination of suspension
(4) A chief firearms officer shall terminate the suspension 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 officer shall give notice in writing of the termination of the suspension to the holder of the licence.
Marginal note:Prohibition on use, acquisition and importation
69.2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.1(1).
35 (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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 paragraph 20(a) — for any good and sufficient reason including, 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:
Marginal note: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 stalking, the chief firearms officer must revoke the licence within 24 hours.
Marginal note:Definition of domestic violence
(2) For the purpose of subsection (1), domestic violence means conduct, whether or not it constitutes a criminal offence, by a family member towards another family member, including conduct by or towards an intimate 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
(a) physical abuse, including forced confinement, but excluding the use of reasonable force to protect themselves 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 property;
(g) harassment, including stalking;
(h) the failure to provide the necessities of life; and
(i) the killing or harming of an animal or the damaging of property.
Marginal note: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 possess 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.
Marginal note:Notice
(2) A chief firearms officer must give notice, in the prescribed 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.
Marginal note:Conditional licence
70.3 Subject to section 5, a chief firearms officer may, in the prescribed circumstances, issue a licence that is subject to the conditions that the chief firearms officer considers appropriate to an individual referred to in section 6.1, 70.1 or 70.2 if the individual establishes to the satisfaction 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:
Marginal note:Disposal of firearms, etc.
(4) A notice given under subsection (1) in respect of a licence 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 prohibited ammunition that the applicant for or holder of the licence 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.
Marginal note:Disposal of firearms — registration certificate
(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted 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 officer the firearm to which the registration certificate relates 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.
Marginal note:Reference
(6) If the applicant for or holder of a licence refers the refusal to issue it or revocation of it to a provincial court judge under section 74, they must, within the period referred 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.
Marginal note:Order — return of firearm
(7) If the decision of the chief firearms officer is confirmed, 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 order for the applicant or holder to lawfully dispose of it.
Marginal note:Conditions
(8) When making an order under subsection (7), the judge may impose any conditions that they consider appropriate 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;
(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 disposal; and
(c) the manner in which the firearm is to be disposed of.
Marginal note:Effect
(9) An order made under subsection (7) takes effect on
(a) the day after the day on which the period for making 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 decision of the chief firearms officer is confirmed.
Marginal note:If decision confirmed
(10) If the appeal has been finally determined and the decision of the chief firearms officer is confirmed, the applicant 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
Marginal note: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 Criminal Code, the Commissioner, the Registrar or the chief firearms officer may disclose, for the purpose of investigating or prosecuting an offence under that subsection, 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 acquired by the individual and whether they were acquired 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 issued a registration certificate has been transferred or reported lost or stolen; and
(g) any other prescribed information.
Marginal note:For greater certainty
(2) For greater certainty, nothing in subsection (1) is intended 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 information to a law enforcement agency.
40 The heading before section 89 is replaced by the following:
Reporting of Prohibition Orders and Protection Orders
- Date modified: