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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2024-05-01 and last amended on 2023-12-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 27, s. 10

    • 10 The Act is amended by adding the following in numerical order:

      • Obligation to provide information
        • 42.2 (1) A business may import a prohibited firearm or a restricted firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation.

        • Information sharing

          (2) The Registrar and a customs officer may provide each other with any form or information that they receive under subsection (1).

  • — 2015, c. 27, s. 15

    • 15 Subsection 83(1) of the Act is amended by adding the following after paragraph (d):

      • (d.1) all information provided to the Registrar under section 42.2;

  • — 2023, c. 32, s. 15

    • 15 Subsection 2(1) of the Firearms Act is amended by adding the following in alphabetical order:

      protection order

      protection order protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority 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 distance of that place;

      • (d) engaging in harassing or threatening conduct directed at an identified person;

      • (e) occupying a family home or a residence; or

      • (f) engaging in family violence. (ordonnance de protection)

  • — 2023, c. 32, s. 16

    • 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 individual 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, threatened or attempted against their intimate partner or any member of their family.

  • — 2023, c. 32, s. 20

    • 20 Section 20 of the Act is replaced by the following:

      • Carrying restricted firearms and pre-December 1, 1998 handguns

        20 An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual 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.

  • — 2023, c. 32, s. 21.2

    • 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 individual 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 licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)(b) or subsection 38(2) and that is valid.

  • — 2023, c. 32, s. 26

    • 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 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 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 information 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 importing 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 cartridge 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 declaration 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 believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration 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 prescribed form containing the prescribed information 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 importing 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 declaration 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 believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed.

  • — 2023, c. 32, s. 27

    • 27 Paragraph 54(2)(a) of the Act is replaced by the following:

      • (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 authorization to carry referred to in paragraph 20(a); or

  • — 2023, c. 32, s. 28

    • 28 Section 57 of the Act is replaced by the following:

      • 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.

      • 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).

  • — 2023, c. 32, s. 29

    • 29 Subsections 58(1) and (1.1) of the Act are replaced 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 referred to in paragraph 20(b) or an authorization to transport 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 Commissioner considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.

  • — 2023, c. 32, s. 32

    • 32 Subsections 67(1) and (2) of the Act are replaced 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 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.

  • — 2023, c. 32, s. 33

    • 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 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.

        • 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.

  • — 2023, c. 32, s. 34

    • 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 information 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 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.

      • 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).

  • — 2023, c. 32, s. 35

      • 35 (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following:

        • 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

  • — 2023, c. 32, s. 36

    • 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 stalking, the chief firearms officer must revoke the licence within 24 hours.

        • 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.

      • 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.

        • 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.

      • 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.

  • — 2023, c. 32, s. 38

      • 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

  • — 2023, c. 32, s. 40

    • 40 The heading before section 89 is replaced by the following:

      Reporting of Prohibition Orders and Protection Orders

  • — 2023, c. 32, s. 41

    • 41 Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:

      • Protection order

        (2) Any competent authority that makes, varies or revokes a protection order shall have a chief firearms officer informed of the protection order or its variation or revocation within 24 hours.

  • — 2023, c. 32, s. 45

      • 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:

        • (i) prohibited firearms, prohibited weapons, restricted 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 following:

        of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, 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 ammunition, 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 paragraph 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 cartridge magazines referred to in subsection 37(4) and of firearm parts referred to in subsection 38(4);


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