Firearms Act (S.C. 1995, c. 39)

Marginal note:Term of registration certificates

66 A registration certificate for a prohibited firearm or a restricted firearm expires when

• (a) the holder of the registration certificate ceases to be the owner of the firearm;

• (b) the firearm ceases to be a firearm; or

• (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.

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.

• Marginal note:Registrar

  (3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

  • (a) give notice of that decision in the prescribed form to the individual; and

  • (b) inform the Registrar of that decision.

• Marginal note:Relics

  (4) Subsections (2) and (3) do not apply to a firearm

  • (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir;

  • (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir;

  • (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and

  • (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act.

• Marginal note:Material to accompany notice

  (5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.

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.

Marginal note:Registration certificates

69 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

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).

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,

  • (a) where the holder of the licence or authorization

    • (i) is no longer or never was eligible to hold the licence or authorization,

    • (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,

    • (ii) contravenes any condition attached to the licence or authorization, or

    • (iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(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

  • (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

• Marginal note:Registrar

  (2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

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.

Marginal note:Revocation of registration certificate

• 71 (1) The Registrar

  • (a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and

  • (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

• Marginal note:Automatic revocation of registration certificate

  (2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

Marginal note:Notice of refusal to issue or revocation

• 72 (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

• Marginal note:When notice not required

  (1.1) Notice under subsection (1) need not be given in any of the following circumstances:

  • (a) if the holder has requested that the licence, registration certificate or authorization be revoked; or

  • (b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

• Marginal note:Material to accompany notice

  (2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

• Marginal note:Non-disclosure of information

  (3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

• 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 must 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 must 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.