<%@ Page Language="C#" ContentType="text/html" ResponseEncoding="iso-8859-1" %> Untitled Document
   
PRIVATE MEMBERS BILL

MP: Garry Breitkreuz Party: Conservative
Date: Monday, 09 February 2009

An Act to amend the Criminal Code and the Firearms Act (registration of firearms)

This enactment amends Criminal Code and the Firearms Act to modify the conditions required to obtain a registration certificate for firearms. It also directs the Auditor General to conduct a cost-benefit analysis once every five years to determine whether existing firearms control measures have been effective at improving public safety, reducing violent crime and keeping firearms out of the hands of criminals.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


CRIMINAL CODE

1. (1) Subsections 91(1) and (2) of the Criminal Code are replaced by the following

Unauthorized possession of firearm
91. (1) Subject to subsection (4), every person commits an offence who possesses a firearm without being the holder of

  (a) a licence under which the person may possess it; and
  (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.


Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

(2) Subparagraph 91(4)(b)(ii) of the Act is replaced by the following:

  (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

(3) Subsection 91(5) of the Act is repealed.

2. (1) Subsections 92(1) and (2) of the Act are replaced by the following:

92. (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not the holder of

  (a) a licence under which the person may possess it; and
  (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

(2) Subparagraph 92(4)(b)(ii) of the Act is replaced by the following:

  (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

(3) Subsections 92(5) and (6) of the Act are repealed.

3. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Possession at unauthorized place

93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

4. (1) The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

Unauthorized possession in motor vehicle

94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

(2) Subparagraphs 94(1)(a)(i) and (ii) of the Act are replaced by the following:

(i) the person or any other occupant of the motor vehicle is the holder of

  (A) a licence under which the person or other occupant may possess the firearm, and
  (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,


(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

  (A) a licence under which that other occupant may possess the firearm, and
  (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it.

(3) Subsection 94(5) of the Act is repealed.

5. The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

Possession of prohibited or restricted firearm with ammunition

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

6. Subsections 117.03(1) and (2) of the Act are replaced by the following:

Seizure on failure to produce authorization

117.03 (1) Despite section 117.02, a peace officer who finds

  (a) a person in possession of a firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or
  (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

Return of seized thing on production of authorization

(2) If a person from whom anything is seized under subsection (1) claims the thing within fourteen days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

  (a) a licence under which the person is lawfully entitled to possess it, and
  (b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,
the thing shall without delay be returned to that person.

 

FIREARMS ACT

7. Subparagraph 4(a)(i) of the Firearms Act is replaced by the following:

  (i) licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

8. (1) Subsection 7(1) of the Act is amended by adding the following after paragraph (d)

  (e) is or was in possession of a non-restricted license and possesses one or more firearms and does not require a licence to acquire other firearms

(2) Subsection 7(2) of the Act is amended by adding the following after paragraph (b)

  (c) is or was in possession of a restricted license and possesses one or more firearms and does not require a licence to acquire other firearms

9. Section 12 of the Act is amended by adding the following after subsection (6):

(6.01) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if that individual had applied for a registration certificate on or before December 31, 2002.

10. (1) The portion of subsection 19(1) before paragraph (a) is replaced by the following:

19.(1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms shall be authorized to transport a prohibited firearm or restricted firearm between two or more places for any lawful purpose, including,

11. (2) Subsection 19(2) of the Act is repealed.

12. (1) Paragraph 23(1)(b) of the English version of the Act is replaced by the following:

  (b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

(2) Paragraphs 23(1)(c) to (f) of the Act are replaced by the following:

  (c) in the case of a transfer to an individual, the transferor verifies the validity of the transferees Firearms Licence with the Canada Firearms Centre, and obtains a reference number for the inquiry;
  (d) in the case of a prohibited firearm or a restricted firearm, the transferor informs the Registrar of the transfer and a new registration certificate is issued in accordance with this Act; and;
  (e) the prescribed conditions are met.

13. Subparagraph 33(a)(ii) of the Act is replaced by the following:

  (ii) in the case of a prohibited firearm or a restricted firearm, lends the registration certificate for it to the borrower; or

14. Paragraph 34(a) of the Act is replaced by the following:

  (a) in the case of a prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and

15. Paragraph 35.1(1)(b) of the Act, as enacted by section 27 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following:

  (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and, in the case of a restricted firearm, satisfies the customs officer that the individual holds a registration certificate for the firearm;


16. Subsection 36(1) of the Act is replaced by the following:

Temporary licence and registration certificate

36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until

  (a) the expiry of sixty days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or
  (b) the earlier of the expiry of sixty days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

17. Subparagraph 38(1)(a)(ii) of the Act is replaced by the following:

  (ii) produces his or her licence and, in the case of a prohibited firearm or a restricted firearm, the registration certificate for the firearm; and

18. Paragraphs 40(1)(b) and (c) of the Act, as enacted by section 30 of chapter 8 of the Statutes of Canada, 2003, are replaced by the following:

  (b) the individual produces a licence authorizing him or her to possess that kind of firearm;
  (c) in the case of a prohibited firearm or a restricted firearm, the individual satisfies the customs officer that the individual holds a registration certificate for the firearm; and

19. Section 41 of the Act, as enacted by section 31 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following:

Temporary registration certificate

41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for a restricted firearm until a registration certificate is issued for it.

20. Paragraph 44(a) of the Act is replaced by the following:

  (a) in the case of a prohibited firearm or a restricted firearm, holds the registration certificate for the firearm;

21. Section 60 of the Act is replaced by the following:

Registration certificates and authorizations to export or import

60. The Registrar is responsible for issuing registration certificates for prohibited firearms and restricted firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import firearms.

22.(1) Paragraph 64(1)(a) of the Act is replaced by the following:

  (a) ten years after the birthday of the holder next following the day on which it is issued, and

(2) Section 64 of the Act is amended by adding the following after subsection (1)

Extension period

(1.01) Despite subsection (1), an individual who has not applied to renew a license by the expiration of the period for which it is expressed to be issued shall receive an automatic extension of the period for which the licence is expressed to be issued by an additional period of up to two years in order to permit the individual to apply for a renewal

Conditions of extension

(1.02) An individual who receives an extension under subsection (1.01) may not acquire any new firearms or ammunition until his or her license has been renewed.

23. Subsections 65(1) to (3) are replaced by the following:

Term of authorizations

65. (1) Subject to subsection (4), an authorization expires on the expiration of the period for which it is expressed to be issued

24. The portion of section 66 of the Act before paragraph (a) is replaced by the following:

Term of registration certificates

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

25. Paragraph 71(1)(a) of the Act is replaced by the following:

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

26. Subsection 72(5) of the Act is replaced by the following:

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 a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

27. Paragraphs 83(1)(a) and (b) of the Act are replaced by the following:

  (a) every licence, every registration certificate for a prohibited firearm or a restricted firearm and every authorization that is issued or revoked by the Registrar;
  (b) every application for a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is refused by the Registrar;

28. The Act is amended by adding the following after section 97:

97.1 The Auditor General shall be directed, every five years, to conduct a cost-benefit analysis on each existing firearms control measure to determine its effectiveness at improving public safety, reducing violent crime and keeping firearms out of the hands of criminals

29. Section 105 of the Act is replaced by the following:

Demand to produce firearm

105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

30. The portion of section 109 of the Act before paragraph (a) is replaced by the following:

Punishment

109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m), (m.1) or (n) the contravention of which has been made an offence under paragraph 117(o)

31. Section 112 of the Act is repealed.

32. Sections 114 and 115 of the Act are replaced by the following:

Failure to deliver up revoked licence, etc.

114. Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.

Punishment

115. Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction.

33. (1) Section 117 of the Act is amended by adding the following after paragraph (m):

  (m.1) regulating the keeping and destruction of records by businesses in relation to firearms that are neither prohibited firearms nor restricted firearms;


(2) Paragraph 117(o) of the Act is replaced by the following:

  (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m), (m.1) or (n);


34. Subsection 119(3) of the Act is replaced by the following:

Exception — urgency

(3) A regulation made under paragraph 117(i), (l), (m), (m.1), (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.

COORDINATING AMENDMENTS

35. (1) In this section, the “other Act” means An Act to amend the Criminal Code (firearms) and the Firearms Act, being chapter 8 of the Statutes of Canada, 2003.

(2) On the later of the day on which section 13 of this Act comes into force and the day on which section 28 of the other Act comes into force — or, if those days are the same day, then on that day — subsection 36(1) of the Firearms Act is replaced by the following:

Temporary licence and registration certificate

36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and in the case of a restricted firearm, as a registration certificate for the firearm, for a period of

  (a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or
 
(b) in the case of any other declaration, 60 days after the importation.

(3) On the later of the day on which section 14 of this Act comes into force and the day on which section 29 of the other Act comes into force — or, if those days are the same day, then on that day — paragraph 38(1)(a) of the Firearms Act is replaced by the following:

  (a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and