Firearms Act (S.C. 1995, c. 39)

Marginal note:Laying of proposed regulations

• 118 (1) Subject to subsection (2), the federal Minister shall have each proposed regulation laid before each House of Parliament.

• Marginal note:Idem

  (2) Where a proposed regulation is laid pursuant to subsection (1), it shall be laid before each House of Parliament on the same day.

• Marginal note:Report by committee

  (3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

• Marginal note:Making of regulations

  (4) A proposed regulation that has been laid pursuant to subsection (1) may be made

  • (a) on the expiration of thirty sitting days after it was laid; or

  • (b) where, with respect to each House of Parliament,

    • (i) the committee reports to the House, or

    • (ii) the committee decides not to conduct inquiries or public hearings.

• Marginal note:Definition of “sitting day”

  (5) For the purpose of this section, sitting day means a day on which either House of Parliament sits.

Marginal note:Exception

• 119 (1) No proposed regulation that has been laid pursuant to section 118 need again be laid under that section, whether or not it has been altered.

• Marginal note:Exception — minor changes

  (2) A regulation made under section 117 may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 118 should not be applicable in the circumstances.

• Marginal note:Exception — urgency

  (3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances.

• Marginal note:Notice of opinion

  (4) Where the federal Minister forms the opinion described in subsection (2) or (3), he or she shall have a statement of the reasons why he or she formed that opinion laid before each House of Parliament.

• Marginal note:Exception — prescribed dates

  (5) A regulation may be made under paragraph 117(w) prescribing a date for the purposes of the application of any provision of this Act without being laid before either House of Parliament.

• Marginal note:Part III of the Criminal Code

  (6) For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament.

Transitional Provisions

Licences

Marginal note:Firearms acquisition certificates

• 120 (1) A firearms acquisition certificate is deemed to be a licence if it

  • (a) was issued under section 106 or 107 of the former Act;

  • (b) had not been revoked before the commencement day; and

  • (c) was valid pursuant to subsection 106(11) of the former Act, or pursuant to that subsection as applied by subsection 107(1) of the former Act, on the commencement day.

• Marginal note:Authorizations

  (2) A firearms acquisition certificate that is deemed to be a licence authorizes the holder

  • (a) to acquire and possess any firearms other than prohibited firearms that are acquired by the holder on or after the commencement day and before the expiration or revocation of the firearms acquisition certificate;

  • (b) in the case of an individual referred to in subsection 12(2), (3), (4), (5), (6) or (8), to acquire and possess any prohibited firearms referred to in that subsection that are acquired by the holder on or after the commencement day; and

  • (c) in the case of a particular individual who is eligible under subsection 12(7) to hold a licence authorizing the particular individual to possess a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) in the circumstances described in subsection 12(7), to acquire and possess such a handgun in those circumstances, if the particular handgun is acquired by the particular individual on or after the commencement day.

• Marginal note:Expiration

  (3) A firearms acquisition certificate that is deemed to be a licence expires on the earlier of

  • (a) five years after the day on which it was issued, and

  • (b) the issuance of a licence to the holder of the firearms acquisition certificate.

• Marginal note:Lost, stolen and destroyed firearms acquisition certificates

  (4) Where a firearms acquisition certificate that is deemed to be a licence is lost, stolen or destroyed before its expiration under subsection (3), a person who has authority under this Act to issue a licence may issue a replacement firearms acquisition certificate that has the same effect as the one that was lost, stolen or destroyed.

Marginal note:Minors’ permits

• 121 (1) A permit is deemed to be a licence if it

  • (a) was issued under subsection 110(6) or (7) of the former Act to a person who was under the age of eighteen years;

  • (b) had not been revoked before the commencement day; and

  • (c) remained in force pursuant to subsection 110(8) of the former Act on the commencement day.

• Marginal note:Authorizations

  (2) A permit that is deemed to be a licence authorizes the holder to possess non-restricted firearms.

• Marginal note:Geographical extent

  (3) A permit that is deemed to be a licence is valid only in the province in which it was issued, unless the permit was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

• Marginal note:Expiration

  (4) A permit that is deemed to be a licence expires on the earliest of

  • (a) the expiration of the period for which it was expressed to be issued,

  • (b) the day on which the person to whom it was issued attains the age of eighteen years, and

  • (c) five years after the birthday of the person next following the day on which it was issued, if that fifth anniversary occurs on or after the commencement day.

Marginal note:Museum approvals

• 122 (1) An approval of a museum, other than a museum established by the Chief of the Defence Staff, is deemed to be a licence if the approval

  • (a) was granted under subsection 105(1) of the former Act; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Expiration

  (2) An approval of a museum that is deemed to be a licence expires on the earlier of

  • (a) the expiration of the period for which the approval was expressed to be granted, and

  • (b) three years after the commencement day.

Marginal note:Permits to carry on business

• 123 (1) A permit to carry on a business described in paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(i) of the former Act is deemed to be a licence if it

  • (a) was

    • (i) issued under subsection 110(5) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

  • (b) had not been revoked before the commencement day;

  • (c) had not ceased to be in force or have any effect on October 30, 1992 under section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, chapter 40 of the Statutes of Canada, 1991; and

  • (d) remained in force pursuant to subsection 110(5) of the former Act on the commencement day.

• Marginal note:Expiration

  (2) A permit that is deemed to be a licence expires on the earlier of

  • (a) the expiration of the period for which the permit was expressed to be issued, and

  • (b) one year after the commencement day.

Marginal note:Geographical extent

124 A permit or an approval of a museum that is deemed to be a licence under section 122 or 123 is valid only for the location of the business or museum for which it was issued.

Marginal note:Industrial purpose designations

• 125 (1) A designation of a person is deemed to be a licence if it

  • (a) was made under subsection 90(3.1) or paragraph 95(3)(b) of the former Act; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Geographical extent

  (2) A designation of a person that is deemed to be a licence is valid only in the province in which it was made.

• Marginal note:Expiration

  (3) A designation of a person that is deemed to be a licence expires on the earliest of

  • (a) the expiration of the period for which it was expressed to be made,

  • (b) one year after the commencement day, and

  • (c) in the case of a designation of a person who holds a permit that is deemed to be a licence under section 123, the expiration of the permit.

Marginal note:Pending applications

126 Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 120 to 125 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that

• (a) a licence shall be issued instead of issuing a firearms acquisition certificate or a permit or making an approval or designation; and

• (b) only a person who has authority under this Act to issue a licence may finally dispose of the application.

Marginal note:Licence of business — deemed conditions

126.1 Every licence of a business that is valid on the commencement day is deemed to include the conditions set out in paragraphs 58.1(1)(a) to (c).

Registration Certificates

Marginal note:Registration certificates

• 127 (1) A registration certificate is deemed to be a registration certificate issued under section 60 if it

  • (a) was

    • (i) issued under subsection 109(7) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(2) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Expiration

  (2) A registration certificate that is deemed to be a registration certificate issued under section 60 expires on the earlier of

  • (a) its expiration under section 66, and

  • (b) December 31, 2002, or such other date as is prescribed.

Marginal note:Pending applications

128 Every application for a registration certificate that was pending on the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that only a person who has authority under this Act to issue a registration certificate may finally dispose of the application.

Authorized Transportation of Firearms

Marginal note:Permit to carry

• 129 (1) A permit authorizing a person to possess a particular prohibited firearm or restricted firearm is deemed to be an authorization to carry or authorization to transport if it

  • (a) was

    • (i) issued under subsection 110(1) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

  • (b) had not been revoked before the commencement day; and

  • (c) remained in force pursuant to subsection 110(1) of the former Act on the commencement day.

• Marginal note:Geographical extent

  (2) A permit that is deemed to be an authorization to carry or authorization to transport is valid only in the province in which the permit was issued, unless it was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

• Marginal note:Expiration

  (3) A permit that is deemed to be an authorization to carry or authorization to transport expires on the earlier of

  • (a) the expiration of the period for which it was expressed to be issued, and

  • (b) two years after the commencement day.

Marginal note:Temporary permit to carry

130 A permit authorizing a person who does not reside in Canada to possess and carry a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it

• (a) was issued under subsection 110(2.1) of the former Act;

• (b) had not been revoked before the commencement day; and

• (c) remained in force pursuant to that subsection on the commencement day.

Marginal note:Permit to transport or convey

131 A permit authorizing a person to transport or to convey to a local registrar of firearms a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it

• (a) was

  • (i) issued under subsection 110(3) or (4) of the former Act, or

  • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

• (b) had not been revoked before the commencement day; and

• (c) remained in force pursuant to subsection 110(3) or (4) of the former Act on the commencement day.