{right = "APPENDIX I", left = "" {ODD {left = "APPENDIX I", right = "" {EVEN PROPOSED FIREARMS CONTROL BILL TO REPLACE BILL C-17 *************************************************** 3rd Session, 34th Parliament, 40 Elizabeth II, 1991 The House of Commons of Canada BILL C- An Act to amend the Criminal Code Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: CRIMINAL CODE 1. The definitions "offensive weapon" and "weapon" in section 2 of the Criminal Code are repealed, and the following substituted therefor: "offensive weapon" means any weapon which has been used, is used, or is intended for use, by the person who has it in his possession, to threaten, injure, or kill any person without lawful excuse; "weapon" means any thing which has been used, is used, or is intended for use, by the person who has it in his possession, to threaten, injure, or kill any person, whether it was designed for that purpose or not. Without restricting the generality of the above, for the purposes of this paragraph, the word "thing" includes any substance or device, or any firearm as defined in section 84; ***************************************************************** 2. Section 84 of the Criminal Code is repealed and the following substituted therefor: DEFINITIONS FOR THE PURPOSES OF PART III 84. For the purposes of this Part, "acquire" and "acquisition" mean taking possession of through borrowing, renting, importation, bartering, finding, gift, or purchase, or by manufacture, alteration, or adaptation; "barrel" means any tube which forms part of a firearm, and through which the firearm's projectiles are normally driven and projected when the firearm is fired; "capable" means able, as found, to do what is described, without alteration or adaptation and with a good degree of reliability; "carriage" and "carry" and "carries" mean the moving of a firearm or weapon from place to place, including, but not limited to, loaded, and including, but not limited to, carried by, or on, the person; "cartridge" means any device designed and intended to impart velocity to a projectile by the action of high pressure gases generated by the burning, deflagration, or detonation of propellant material, while contained within a firearm, and which is designed to be normally ignited by a primer device, and notwithstanding that, a device is not a cartridge under this definition unless the primer, propellant material, and projectile all form part of the cartridge; "cartridge firearm" means any firearm that is designed, altered, or intended to use any cartridge to fire projectiles, and notwithstanding that, any device purported to be a cartridge firearm which, when tested using only cartridges normally intended for use in that purported cartridge firearm, or found within that purported cartridge firearm, fails to impart to its projectile an energy of over 50 foot pounds, is not a firearm for the purposes of thisAct; "Commissioner" means the Commissioner of the RCMP, to whom the administrative control of the operation of the firearms control system has been delegated; "deliver" and "delivery" mean transfering possession by way of lending, renting, barter, gift, or sale; "endorsement" means a specific standard proviso added to a firearms certificate which authorizes the holder to possess or use firearms or weapons as allowed by that endorsement; "field" means any area where firing a firearm is licit for the purposes of sport, recreation, business, personal survival, etc., and excluding all other places where that is not licit. "firearm" means: - (a) any device which utilizes high pressure gases produced by the burning, deflagration, or detonation of propellant material to discharge a projectile or projectiles through a tube and which is capable of causing serious injury or death to a person; and -- (i) "class A firearm" means any cartridge firearm which is designed, altered, or adapted to be capable of firing cartridges in rapid succession during one pressure of the trigger and which is demonstrably so capable; and -- (ii) "class B firearm" means any cartridge firearm which is not demonstrably capable of firing cartridges in rapid succession during one pressure of the trigger, which has an overall length equal to or less than 660mm, and which is capable of being both aimed and fired while less than 660mm long;, and notwithstanding that, any part of the firearm which is so firmly affixed as to require the use of tools to remove it shall be counted as part of the length of that firearm, except that any such part which extends the length of the barrel by more than 76mm shall only have 76mm of that part counted as part of the overall length of the firearm; and -- (iii) "class C firearm" means any cartridge firearm which is longer than a class B firearm, which is not demonstrably capable of firing cartridges in rapid succession during one pressure of the trigger, and which uses centerfire cartridges or electrically ignited cartridges; and -- (iv) "class D firearm" means any cartridge firearm which is not demonstrably capable of firing cartridges in rapid succession during one pressure of the trigger, and which is longer than a class B firearm, and which is capable of using only rimfire cartridges, or cartridges of an obsolete type other than rimfire, centerfire, or electrically ignited; or any firearm which is not capable of using cartridges; and - (b) notwithstanding the above, any firearm which lacks certain parts remains a firearm if the remaining parts include the frame or receiver; and in the case of a firearm so designed that two or more parts might be considered as the frame or receiver, the Commissioner may prescribe in the National Firearms Manual which single part is to be considered the frame or receiver of that firearm and of related types of firearms; and - (c) Notwithstanding the above, any device purported to be a cartridge firearm which, when tested using only cartridges normally intended for use in that purported firearm, or found within that purported firearm, fails to impart to its projectile an energy of over 30 foot pounds, is not a cartridge firearm for the purposes of this Act; and - (d) notwithstanding the above, any device purported to be a firearm which, when tested, using only things and methods normally intended for use with that purported firearm, or found within that purported firearm, fails to impart to its projectile an energy of over 30 foot pounds, is not a firearm for the purposes of this Act; and - (e) notwithstanding the above, any device designed and intended for use exclusively for signalling, linethrowing, or notification of distress applications, or for tranquilizing animals, or for slaughtering domestic animals, or for firing stud cartridges, or which has been prescribed by the Commissioner in the National Firearms Manual as an industrial device, is not a firearm for the purposes of this Act; and - (f) notwithstanding the above, any device or firearm which has been manufactured, altered or modified to be capable using only blank ammunition, in accordance with methods or principles as prescribed by the Commissioner in the National Firearms Manual, is not a firearm for the purposes of this Act; and - (g) notwithstanding the above, a firearm which has been deliberately rendered incapable of firing by major alterations to its parts in accordance with methods or principles prescribed by the Commissioner in the National Firearms Manual is not a firearm for the purposes of this Act; and "firearms business" means a continuing commercial enterprise which includes the buying or selling at wholesale or retail, manufacture, importation, exportation, repairing, altering or modifying, renting, commercial storage, or taking in pawn of firearms; "firearms business permit" means a document issued by a firearms clerk under the authorization of a police clearance certificate, or by the Commissioner, which authorizes the holder to operate a firearms business; "firearms certificate" means a document issued by a firearms clerk under the authorization of a police clearance certificate and including the appropriate endorsements regarding each type class of firearms, and weapons which are not firearms, and which authorizes the holder - (a) by a "possess" endorsement to acquire, possess, and transport relevant firearms for the purposes of collecting, restoration, repair, evaluation, and display at a licit display, trade show, or demonstration in which firearms are included, but not to use in any way which includes loading or firing of the firearm so held; and - (b) by a "basic" use endorsement to use relevant firearms only on the premises of a shooting range, for the purposes of any target firearms shooting discipline which does not include the moving from place to place with or the drawing from a holster of a loaded firearm, which requires basic safe handling certification, but not skill certification; and - (c) by an "advanced" use endorsement to use and carry relevant firearms only on the premises of a shooting range, for the purposes of any target firearms shooting discipline which does include the moving from place to place with, or the drawing from a holster of, a loaded firearm, which requires certification at higher than basic safe handling certification, but not skill certification; and - (d) by a "field" use endorsement to use and carry relevant firearms, which requires certification at higher than basic safe handling levels and relevant skill certification, only in the field or on the premises of a shooting range, for the purposes of any field firearms discipline which includes the moving from place to place with, or the drawing from a holster of, a loaded firearm or which includes the possibility of the licit usage of firearms to shoot birds or animals; and - (e) by a "professional" use endorsement to possess, transport, and use only on a shooting range or in a proper test facility, relevant firearms or weapons which are not firearms for the purposes of any properly authorized museum, firearms business, police armorer, expert witness, etc.; and - (f) by a "police" use endorsement to possess, carry, and use relevant firearms or weapons which are not firearms for the purpose of protection of human life from criminal violence; which requires certification of meeting standards equivalent to all the relevant standards required of an RCMP Constable; "firearms clerk" means a person who has been designated in writing by the Commissioner as a firearms clerk, or is a member of a class of persons so designated, who is authorized to issue firearms certificates and endorsements and to perform other regulatory duties as specified in this Part, under the supervision of the Commissioner; "firearms officer" means a peace officer or employee of a peace officer organization who has been designated in writing by the Commissioner as a firearms officer, or is a member of a class of peace officers or employees of a peace officer organization so designated, who is authorized to issue police clearance certificates authorizing issuance of firearms certificates and endorsements by firearms clerks, and to perform other duties as specified in this Part, under the supervision of the Commissioner; "instructor" means a person registered by the Commissioner, after passage of reasonable tests, as being authorized by the Commissioner to certify that applicants are qualified to use certain firearms, while unsupervised, under certain conditions relevant to certain firearms certificate and endorsement conditions; "loaded" means having a cartridge in a, or the, firing chamber of a cartridge firearm, or having powder and ball or shot in a, or the, firing chamber of a firearm which does not use cartridges, provided that the firearm is capable of being fired by movement of the trigger or by movements of any combination of the trigger, hammer, striker, and any safety device (safety catch, grip safety device, etc.) which forms part of the firearm; "possess" and "possession" mean having custody and physical control of a thing, but do not imply ownership of that thing; "projectile" means any thing which is designed or intended to be projected through and from the tubular barrel of a firearm by the action of high pressure gases generated by the burning, deflagration, or detonation of propellant material; "safe handling" means knowledge and understanding of how to handle and shoot relevant firearms safely for the purpose intended; "skill" means demonstrated ability to shoot relevant firearms with a degree of accuracy reasonable for the purpose intended; "transport" and "transportation" mean the moving of a firearm from place to place, not loaded except when shooting on the premises of a shooting range or when firing for test purposes into a safe bullet trap, and not on the person; and, in the case of any firearm which has an overall length equal to or less than 660mm as specified under class B firearm, in a closed container in any place other than while in a dwelling house, or while on the premises of a shooting range, a firearms business, or a licit workshop; or while participating in a licit demonstration, trade show, or display in which firearms are included. ***************************************************************** 2. Section 84 of the Criminal Code is repealed, and the following substituted therefor: CRIMINAL OFFENCES 85. (1) For the purposes of this section, "victim" means any person who has been injured, killed, sexually assaulted, or robbed during the commission of an indictable offence and who was not himself engaged in committing an indictable offence at the time of such injury, death, sexual assault, or robbery. - (2) Any one who carries on his person, or in or on his vehicle, -- (a) any firearm or offensive weapon while committing, or attempting to commit, or during his flight after committing, any indictable offence which included threats of injury, killing, sexual assault, or robbery made to any person, or the actual or attempted injury, killing, sexual assault, or robbery of any person, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding six years; or -- (b) any firearm, while he is the holder of a valid firearms certificate, and while committing, or attempting to commit, or during his flight after committing, any indictable offence which included threats of injury, killing, sexual assault, or robbery made to any person, or the actual or attempted injury, killing, sexual assault, or robbery of any person, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years. - (3) When any person is convicted of an offence under this section, the court that sentences the offender shall, in addition to any other penalty that may be imposed for that offence, make an order prohibiting the offender from having in his possession any firearm or weapon for a period of time which commences on the day the order is made and expires on the day of the death of the offender. - (4) In any case where any victim has been injured, killed, sexually assaulted, or robbed wholly or partially through use, or threats of use, of any firearm or any offensive weapon during the commission of any indictable offence and as specified in subsection (2), any person who has the duty to do so, and who without lawful and reasonable excuse -- (a) fails to lay a charge under this section, or -- (b) plea bargains away a charge under this section, or -- (c) fails to impose the required order under this section, --- is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years. - (5) Conviction of any person of an indictable offence, in proceedings on indictment, in any case where his victim was injured, killed, sexually assaulted, or robbed wholly or partially through use, or threats of use, of any firearm or any offensive weapon during the commission of the indictable offence is prima facie evidence that a charge should have been laid under this section. - (6) Any firearms certificate or firearms business permit held by any person convicted of an offence under this section is revoked on the day of his conviction, in accordance with subsection 113 (4). - (7) Any sentence imposed under this section shall be served consecutively to any other sentence imposed, or being served at the time of its imposition. ***************************************************************** 3. Section 86 of the Criminal Code is repealed, and the following substituted therefor: 86. Every one who, without lawful excuse, threatens another person with a firearm, whether the firearm is loaded or unloaded, or with an offensive weapon is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years. ***************************************************************** 4. Section 87 of the Criminal Code is repealed, and the following substituted therefor: 87. Every one who - (1) carries or has in his possession a firearm or an imitation thereof, or an offensive weapon or an imitation thereof, for a purpose dangerous to the public peace or for the purpose of committing an offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years. - (2) Every one who carries an offensive weapon concealed upon his person, -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (3) Every one who is an occupant of a motor vehicle in which he knows there is a offensive weapon which is there for the purpose of committing an offence, or which it is an offence to so have in that motor vehicle, unless he had reason to believe that some occupant of the motor vehicle was lawfully allowed to have it at that place and time, -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. ***************************************************************** 5. Section 88 of the Criminal Code is repealed, and the following substituted therefor: REGULATORY OFFENCES 88. Every one who, without lawful excuse, has a weapon in his possession while he is attending or is on his way to attend a public meeting -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. ***************************************************************** 6. Section 89 of the Criminal Code is repealed, and the following substituted therefor: 89. (1) Every one who carries a firearm or weapon concealed upon his person in any place, other than in his dwelling house, unless he is the holder of a relevant firearms certificate which authorizes him to lawfully so carry it, -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (2) Every one who carries a loaded firearm, unless he is the holder of a relevant firearms certificate which authorizes him to lawfully so carry it, -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (3) Every one, other than a peace officer on duty, who carries a firearm or weapon on premises where alcohol is served and which is not open to minors -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (4) Every one who carries a loaded firearm -- (a) while his ability to use a firearm safely is impaired by alcohol or a drug; or -- (b) having consumed alcohol in such a quantity that the concentration thereof in his blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood --- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or --- (ii) is guilty of an offence punishable on summary conviction. ***************************************************************** 7. Section 90 of the Criminal Code is repealed. ***************************************************************** 8. Section 91 of the Criminal Code is repealed, and the following substituted therefor: 91. (1) Subject to section 99, every one who acquires or has in his possession a firearm, unless he is the holder of a relevant firearms certificate authorizing him to acquire or possess it, is guilty of an offence punishable on summary conviction. - (2) Deleted, no carry permit, now covered under 91 (1). - (3) Every one who is an occupant of a motor vehicle in which he knows there is a firearm which it is an offence to so have in that motor vehicle, unless he had reason to believe that some occupant of the motor vehicle was lawfully allowed to have it at that place and time, is guilty of an offence punishable on summary conviction. ***************************************************************** 9. Section 92 of the Criminal Code is repealed. ***************************************************************** 10. Section 93 of the Criminal Code is repealed, and the following substituted therefor: 93. Subject to section 99, every one who delivers any firearm to a person under the age of sixteen years who is not the holder of a firearms certificate under which he may lawfully possess the firearm -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. ***************************************************************** 11. Section 95 of the Criminal Code is repealed. ***************************************************************** 12. Section 96 of the Criminal Code is repealed. ***************************************************************** 13. Section 97 of the Criminal Code is repealed, and the following substituted therefor: 97. (1) Subject to section 9, every person who delivers any firearm to any person who does not, prior to such a transfer, produce an apparently valid and relevant firearms certificate for inspection, and which the delivering person has no reason to believe is invalid, irrelevant, or not the property of the person presenting it, -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (2) Notwithstanding anything in this Act, a person who delivers any firearm to the holder of a relevant firearms certificate, or who delivers it to a peace officer, is not guilty of an offence under this Part other than under section 85. - (2) Deleted, exemption, now covered under section 99. - (3) Deleted, exemption, now covered under section 99. ***************************************************************** 14. Section 98 of the Criminal Code is repealed, and the following substituted therefor: 98. (1) Every one who, -- (a) on finding a firearm that he has reasonable grounds to believe has been lost or abandoned, does not with reasonable dispatch report it to or deliver it to a peace officer; or -- (b) having lost, had stolen, or mislaid a firearm, does not with reasonable dispatch report the loss to a peace officer; --- is guilty of an offence punishable on summary conviction. - (2) Every one who, without lawful excuse -- (a) alters, defaces, or removes a serial number from a firearm; or -- (b) has in his possession a firearm knowing that its serial number has been altered, defaced, or removed; --- is guilty of an offence punishable on summary conviction. -- (c) Notwithstanding the above, a person who acquires a firearm which has had the serial number altered, defaced, or removed is not guilty of an offence under this section, provided he delivers the firearm forthwith to a peace officer in order to have its status determined. -- (d) Notwithstanding the above, a person who acquires or possesses a class C or D firearm which has never had, or has had worn away by usage, or has had removed as part of a normal repair process, a serial number, is not guilty of an offence under this section. -- (e) Notwithstanding the above, a firearm which is a class B firearm and which has never had, or has had worn away, a serial number, does not require a serial number if it is a serious collector's item whose value would be reduced by the addition of a modern serial number or if it can be adequately identified without the addition of a serial number. -- (f) the Commissioner may prescribe the methods to be used to determine serial numbers of firearms, and to allot serial numbers to firearms which do not have them and do require them. ***************************************************************** 15. Section 99 of the Criminal Code is repealed, and the following substituted therefor: EXCEPTIONS AND EXEMPTIONS 99. (1) Notwithstanding anything in this Act, a person is not guilty of an offence under this Act by reason only that he -- (a) acquires or possesses any firearm which he is authorized by a relevant firearms certificate to so acquire or possess, or -- (b) delivers, acquires, or possesses any firearm in the ordinary course of dealings between the holder of a relevant firearms certificate and a relevant firearms business, or between two or more such relevant firearms businesses; or between two or more such holders of relevant firearms certificates; or -- (c) delivers, acquires, or temporarily possesses any firearm by operation of law, provided that he takes steps within a reasonable time to comply with the provisions of this Act in regard to any firearm which so comes into his possession; or -- (d) delivers, acquires, or temporarily possesses any firearm for instructional purposes, with possession limited to periods while under the direct supervision of an instructor who holds a relevant firearms certificate; or -- (e) delivers, acquires, or temporarily possesses any firearm for instructional purposes, with possession limited to periods while under the direct supervision of the holder of a relevant firearms certificate; or -- (f) delivers, acquires, or temporarily possesses any firearm by lending or borrowing, where the person who borrows the firearm requires it to hunt or while trapping in order to sustain himself or his family or others he is responsible for; or -- (g) delivers, acquires, or temporarily possesses any firearm in the ordinary course of handling freight, acting, handling entertainment industry props, handling consignment goods for auction, or other innocent licit and reasonable situations; or -- (h) restores, repairs, lawfully alters, or lawfully modifies a firearm relevant to his firearms certificate while it is in his possession. - (2) Notwithstanding anything in this Act, a member or authorized agent of the Canadian Forces or of the armed forces of a state other than Canada lawfully present in Canada is not guilty of an offence under this Act by reason only that he delivers, acquires, or has in his possession any firearm or weapon for the purposes of that armed force. - (3) Notwithstanding anything in this Act, a serving member of a police force of a state other than Canada who is lawfully present in Canada and is on duty in conjunction with a police force of Canada is not guilty of an offence under this Act by reason only that he delivers, acquires, or has in his possession any firearm or weapon for the purpose of protection of human life from criminal violence or for the purposes of a police force of Canada. - (4) Notwithstanding anything in this Act, an employee or authorized agent of a museum approved for the purposes of this Part by the Commissioner is not guilty of an offence under this Act by reason only that he delivers, acquires, or has in his possession any firearm for the purposes of the museum. ***************************************************************** 16. (1) Subsections 100 (1) and (2) of the Criminal Code are repealed, and the following substituted therefor: PROHIBITION PROCEDURE 100. (1) For the purposes of this section, "provincial court judge" means a provincial court judge having jurisdiction in the territorial division where the respondent described in subsection (2) resides. - (2) Where any person believes on reasonable grounds that it is not desirable in the interests of the safety of any person that a particular person should not possess any firearm or ammunition or explosive substance, he may apply to a provincial court judge for an order prohibiting that person from having in his possession any firearm or any ammunition or explosive substance. ----------------------------------------------------------------- (2) Subsection 100 (3) of the Criminal Code is repealed. ----------------------------------------------------------------- (3) Section 100 of the said Act is further amended by adding thereto, immediately after subsection (13) thereof, the following subsections: - (14) Where a provincial court judge does not issue such an order, he may award compensation to the respondent. - (15) Where a provincial court judge issues such an order, any firearms certificate or firearms business permit held by the person who is the subject of that order is revoked on the day the order is issued, in accordance with subsection 113 (4). ***************************************************************** 17. Section 101 of the Criminal Code is repealed. ***************************************************************** 18. Section 102 of the Criminal Code is repealed. ***************************************************************** 19. Section 103 of the Criminal Code is repealed. ***************************************************************** 20. Section 104 of the Criminal Code is repealed. ***************************************************************** 21. Section 105 of the Criminal Code is repealed, and the following substituted therefor: 105. (1) Every person who carries on a firearms business shall -- (a) keep records of transactions entered into by him with respect to those firearms in a form prescribed by the Commissioner and containing such information as is prescribed by the Commissioner in the National Firearms Manual; and -- (b) keep, on the premises of the firearms business, a record of the inventory of all firearms on hand owned by the firearms business; and -- (c) produce the records and inventory for inspection, once annually, to a duly authorized firearms officer. - (2) Any person who carries on a firearms business and who fails to report to a peace officer, within a reasonable time, any loss or destruction of any firearm or any theft of any firearm that occurs in the course of business is guilty of an offence punishable on summary conviction. - (3) Any one who carries on a firearms business and who is not the holder of a relevant firearms business permit to do so -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (4) Where a person carries on a firearms business at more than one permanent location, each location shall be deemed for the purposes of this Part to be a separate firearms business. Notwithstanding that, a firearms business permit holder may carry on business at temporary locations, such as trade shows, for periods not exceeding seven days, under the authority of his normal firearms business permit for his permanent location, or for longer periods under the authority of a temporary firearms business permit issued by a duly authorized firearms clerk. ***************************************************************** 22. Section 106 of the Criminal Code is repealed, and the following substituted therefor: APPLICATIONS FOR AND ISSUANCE OF FIREARMS DOCUMENTS 106. (1) A firearms officer shall receive all applications made to him for firearms business permits, and for firearms certificates and for endorsements thereto, and all supporting written certification by instructors. He shall, by CPIC check and check of local police records and through other authorized police methods, ensure that proper checks are made of the applicant's record, if any. - (2) (a) Where a firearms officer does not have notice of any matter that may render it desirable in the safety of the applicant or any other person that the applicant should not possess firearms, he shall, subject to subsection (3), and on receipt by him of the appropriate fee, if any, issue a police clearance certificate authorizing issuance of the firearms certificate, endorsement or endorsements, or firearms business permit applied for. -- (b) Notwithstanding the above, a firearms officer may require an applicant for a professional or a police endorsement to submit a written statement from his employer, certifying that the applicant requires the endorsement for the purposes of his employment. - (3) A firearms officer may refuse to issue a police clearance certificate authorizing issuance of a firearms certificate or an endorsement or a firearms business permit to any person who -- (a) fails to produce written certification from a relevant instructor that he is qualified by passage of the required standard tests in the safe handling of firearms for the purpose intended and in knowledge of relevant laws, and, where required, of demonstrated skill, to be issued a firearms certificate with endorsements as applied for; or -- (b) is under the age of sixteen years; or -- (c) is prohibited by an order made pursuant to section 85 or 100 or by a condition of a probation order as referred to in paragraph 737 (2)(d) from having a firearm in his possession; or -- (d) where it is made to appear to the firearms officer that the applicant has been treated within the five years immediately preceding the date of his application for a mental disorder, whether in a hospital, mental institute, or psychiatric clinic, whether or not he was, during that period, confined to such a hospital, institute, or clinic, and where the disorder for which he a was so treated was associated with violence, or threatened or attempted violence, on the part of the applicant against himself or any other person; or -- (e) has a history of repeated complaints of violence against any other person or persons occurring within the five years immediately preceding the date of his application; or -- (f) has been convicted within the five years immediately preceding the date of his application of --- (i) an offence in the commission of which violence against another person was used, threatened, or attempted; or --- (ii) an offence under this Part in proceedings on indictment. - (4) In issuing a police clearance certificate authorizing the issuance of a professional or a police endorsement to a person for reasons of his employment, a firearms officer may include a proviso directing the firearms clerk to include a provision rendering the firearms certificate void on the day that the applicant ceases to be employed by that employer. - (5) Notwithstanding the above, he shall issue a police clearance certificate authorizing the issuance of a relevant firearms certificate with class C and field usage endorsements to a person under the age of sixteen if the applicant requires them to hunt or trap in order to sustain himself or his family or others he is responsible for, presents the consent of his parent or guardian to the said issuance, and presents written certification of passage of the required tests issued by an instructor, if, following any required checks on the record of the applicant, there is no clear reason to refuse the applicant. - (6) Notwithstanding the above, he shall issue a police clearance certificate authorizing the issuance of a firearms certificate with relevant endorsements to any applicant between the ages of twelve and sixteen who requires it for the purpose of target practice or game hunting, and who presents the written consent of his parent or guardian to the said issuance and written certification of passage of the required tests issued by an instructor, if, following any required checks on the record of the applicant, there is no clear reason to refuse the applicant. - (7) Notwithstanding the above, where instructor certification is not available for some good reason which is not the fault of the applicant, a firearms officer may issue a police clearance certificate authorizing issuance of a firearms certificate and any required endorsements, or of a firearms business permit, on the basis of his own judgement. - (8) A firearms certificate remains in force until it is revoked, voided under subsection 106 (4), or surrendered. - (9) An endorsement remains in force until the firearms certificate of which it forms a part is revoked, voided under subsection 106 (4), or surrendered. - (10) A firearms business permit remains in force until it is revoked, the business ceases to operate, or it is surrendered. - (11) The fee for issuing a firearms certificate with one or more endorsements, or for an added endorsement, or for a firearms business permit, is ten dollars for the calendar year 1991. The fee changes to the nearest whole dollar value represented by ten dollars, plus the change in the cost of living since 30 December 1991, on the last day of each calendar year. - (12) Notwithstanding the above, a firearms officer shall, as part of the police clearance certificate, direct that the required fee for a firearms certificate or an endorsement shall be waived by the firearms clerk for any applicant who is a serving peace officer, or who requires a firearms certificate to hunt or trap in order to sustain himself or his family or others he is responsible for. - (13) a firearms officer who refuses to issue a police clearance certificate authorizing issuance of a firearms certificate or an endorsement, or a firearms business permit, shall do so in writing to the applicant, stating clearly therein his reasons for the refusal. ***************************************************************** 23. Section 107 of the Criminal Code is repealed, and the following substituted therefor: TRANSITIONAL PROVISIONS 107. (1) For transitional purposes, -- (a) a firearms acquisition certificate issued to the applicant and valid on the day before the coming into effect of this section shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with a class D possession endorsement, and for a class C possession endorsement if the applicant presents evidence of ownership of a class C firearm, with a basic usage endorsement for each such class; and -- (b) a restricted weapons registration certificate issued to the applicant and valid on the day before the coming into force of this section shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with a class B possession endorsement and a class B basic usage endorsement; and -- (c) a restricted weapons registration certificate for a class A firearm issued to the applicant and valid on the day before the coming into force of this section shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with a class A possession endorsement and a class A basic usage endorsement if one is requested by the applicant; and -- (d) a hunting license issued to the applicant prior to the coming into force of this section shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with class C and D possession endorsements and class C and D field usage endorsements; and -- (e) certification of employment by a museum, or firearms business, or as a consultant or expert witness, or in some other other firearms-related professional capacity, continuing to the day before the coming into force of this section, plus a written request by the applicant's employer if appropriate, shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with class B, C, and D professional endorsements, and, where appropriate, a class A professional endorsement, and, where appropriate, a possession endorsement for one or more of such classes; and -- (f) certification of employment as an armed peace officer or authorized armed security guard continuing to the day before the coming into force of this section, plus a written request by the applicant's employer if appropriate, shall be accepted as equivalent to instructor certification of passage of the relevant tests for a firearms certificate with a class B police usage endorsement and, where appropriate, a class B possession endorsement, and for other appropriate endorsements; and -- (g) registration as a firearms instructor or coach with the Shooting Federation of Canada, the Canadian Wildlife Federation, the International Practical Shooting Confederation, the International Metallic Silhouette Handgun Association, the National Rifle Association, the National Firearms Association, the Canadian Black Powder Federation, or by any other such authority as may be prescribed by the Commissioner, shall be accepted as equivalent to certification of passage of the relevant tests for registration as an instructor in the appropriate classes; and -- (h) a firearms dealer's permit issued to the applicant and valid on the day before the coming into effect of this section shall be accepted as meeting the requirements for issuance of a police clearance certificate authorizing issuance of a firearms business permit. - (2) All regulations made under the authority of section 116 prior to the date of coming into force of this section, are revoked on the date of coming into force of this section. ***************************************************************** 24. Section 108 of the Criminal Code is repealed, and the following substituted therefor: ADMINISTRATIVE AUTHORITY OF THE COMMISSIONER 108. (1) (a) The Commissioner may appoint, in writing, a person or class of persons as firearms officers for the purposes of this Part; and may revoke, in writing, such an appointment. -- (b) The Commissioner may appoint, in writing, a person or class of persons as firearms clerks for the regulatory purposes of this Part; and may revoke, in writing, such an appointment. - (2) The Commissioner may and shall require each firearms officer and each firearms clerk to comply with the regulations prescribed by the Commissioner in the National Firearms Manual concerning documentation, certification, reporting, issuing, and any other standards and procedures for firearms, firearms certificates, endorsements, and firearms business permits. ***************************************************************** 25. Section 109 of the Criminal Code is repealed, and the following substituted therefor: APPEAL PROCEDURE 109. (1) For the purposes of this section, "provincial court judge" means a provincial court judge having jurisdiction in the territorial division where the person who feels himself aggrieved as described in subsection (2) resides. - (2) For the purposes of this Part, any person who feels himself aggrieved by any action or decision taken or any failure to act or decide within a reasonable time, may, within ninety days of the day he became aware of the action or decision or the failure, appeal to a provincial court judge from the action, decision, or failure by filing with the provincial court judge notice of appeal, setting out with reasonable certainty the action, decision or failure complained of, the grounds of appeal, and the remedy sought, together with such further material as the provincial court judge may require. - (3) A copy of any notice of appeal filed with a provincial court judge under subsection (1) and of any further material required to be filed therewith shall be served within fourteen days of the filing of the notice, unless before the expiration of that period further time is allowed by a provincial court judge, on the person who took the action or decision, or who was responsible for the failure to act, being appealed or on such other person as a provincial court judge may direct. - (4) For the purposes of the appeal, the appellant is a competent and compellable witness. - (5) On the hearing of the appeal, the provincial court judge may -- (a) dismiss the appeal; or -- (b) allow the appeal and direct that the action or decision be changed as directed, or that the failure to act be remedied by some directed action, and he may award compensation to the applicant. ***************************************************************** 26. Section 110 of the Criminal Code is repealed. ***************************************************************** 27. Section 111 of the Criminal Code is repealed. ***************************************************************** 28. Section 112 of the Criminal Code is repealed, and the following substituted therefor: SEARCHES AND SEIZURES 112. (1) A firearms certificate or firearms business permit may be seized, in accordance with the procedures in sections 487 et. seq., where an action under section 85 or 100 is being commenced. If, for any reason, it is impossible to seize a firearms certificate where such action is authorized, that firearms certificate may be suspended by a provincial court judge and thus rendered temporarily invalid upon the same grounds and under the same terms and conditions as a seizure. - (2) A firearms certificate or firearms business permit may be seized in accordance with the procedures in sections 487 et. seq., when the holder is arrested for, or charged with, any indictable offence. - (3) A seized firearms certificate or firearms business permit is subject to the rights of restitution and appeal as provided for in sections 337, 489.1, and 490. - (4) A firearms certificate or firearms business permit may be revoked by a provincial court judge, in accordance with the procedures in section 85 or 100, or as part of a condition of probation made under under paragraph 737 (2)(d). ***************************************************************** 29. Section 113 of the Criminal Code is repealed, and the following substituted therefor: CONDITIONS 113. (1) Every one who, for the purposes of procuring a firearms certificate or an endorsement, or a firearms business permit, for himself or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application in question, specifically including, but not limited to, not revealing revealing facts that he knows would disqualify him, such as information that he is subject to a court order made under section 85 or 100, or as part of a condition of probation made under under paragraph 737 (2)(d); -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (2) Every one who, without lawful excuse, alters or falsifies a firearms certificate or firearms business permit -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. - (3) Every one who, without lawful excuse, fails to comply with the limits set under the terms and conditions of a firearms certificate, including any endorsements, is guilty of a regulatory offence punishable on summary conviction. - (4) All firearms certificates and firearms business permits held by any person against whom an order of prohibition under section 85 or 100 is made, or condition of probation is made under under paragraph 737 (2)(d), are revoked upon issuance of that order or condition. Any such person who fails to surrender forthwith a firearm or a firearms certificate held by him -- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding six years; or -- (b) is guilty of an offence punishable on summary conviction. ***************************************************************** 30. Section 114 of the Criminal Code is repealed. ***************************************************************** 31. Section 115 of the Criminal Code is repealed, and the following substituted therefor: FIREARMS DOCUMENT EVIDENCE 115. In any proceedings under this Part, a document purporting to be a firearms certificate or permit is evidence of the statements contained therein. ***************************************************************** 32. Section 116 of the Criminal Code is repealed, and the following substituted therefor: NATIONAL FIREARMS MANUAL REGULATIONS 116. (1) The Commissioner may make written regulations -- (a) providing authority for firearms officers to enter and examine, once annually, at any time during the normal business hours of that business, any public premises of a firearms business for the purpose of inspecting the manner in which firearms are handled in the course of that business; and -- (b) providing authority to destroy, at such times as are specified in the regulation, records and inventories that are required to be maintained by the provisions of this Part; and -- (c) prescribing reasonable methods and principles for the conversion of firearms into devices capable only of using blank ammunition for the purposes of the entertainment industry and others, and for the conversion of firearms from one category into another, or into other non-firearm categories; and -- (d) prescribing the form of applications, permits, police clearance certificates, firearms certificates, and other necessary documents prescribed by this Part; and -- (e) prescribing the form and content required for the reasonable required records and annual reports of firearms businesses; and -- (f) prescribing the reasonable methods to be used in the determination of serial numbers of firearms, and prescribing the serial numbers and the methods to be used to allot them to firearms which require new serial numbers; and -- (g) prescribing anything that is required, by any provision of this Part, to be prescribed by him. - (2) The Commissioner shall publish all such prescribed regulations made by him in the National Firearms Manual. - (3) The Commissioner shall cause a registry to be maintained, in such form as is prescribed by him in written regulations issued by him in the National Firearms Manual, in which shall be kept a record of -- (a) every firearms certificate and every endorsement that is issued; -- (b) every application for a firearms certificate, an endorsement, or a firearms business permit that is refused; -- (c) every revocation of a firearms certificate or a firearms business permit; and -- (d) every order of prohibition that is made under section 85 or section 100, or condition of probation that is made under under paragraph 737 (2)(d). - (4) Each person by whom -- (a) a firearms certificate or firearms business permit is revoked; or -- (b) an application for a firearms certificate or endorsement is refused; or -- (c) a prohibition order is made under section 85 or 100; or -- (d) a condition of a probation order under paragraph 737 (2)(d) is prescribed; --- shall submit to the Commissioner such information in relation thereto at such time and in such form as is prescribed by the Commissioner in the written regulations issued by him. ***************************************************************** 33. Section 117 of the Criminal Code is repealed, and the following substituted therefor: COMMISSIONER'S REPORTS 117. (1) The Commissioner shall, within three months after the end of each year and at such other times as the Solicitor General may, in writing, request, submit a report in such form and setting forth such information as may be required with regard to the administration and records of this Part respecting firearms certificates, police clearance certificates, permits, etc. contained in the registry maintained pursuant to section 116. - (2) The Commissioner shall cause each such report to be laid before parliament within fifteen days after the receipt thereof by him, or, if parliament is not then sitting, on any of the next fifteen days thereafter that parliament is sitting. *****************************************************************@NEWPAGE INDEX TO THE BILL ***************** APPEALS, comprehensive single procedure: 109. APPLICATIONS, procedure, for firearms documents: 106. APPOINTMENTS, by the Commissioner: 108. BUSINESS, firearms: 105. CARRIAGE, illegal: 89, 90. CONDITIONS, permits and certificates: 113. CRIMINAL OFFENCES: 85, 86, 87. DEFINITIONS: all defined terms, 2 and 84. DELIVERY, to legal possessor, permanent amnesty: 97. DELIVERY, illicit: 93, 94, 97, 99. EXCEPTIONS AND EXEMPTIONS, all types, consolidated: 99. FIREARMS, lost, mislaid, or stolen: 98. FIREARMS CERTIFICATE, as evidence: 114. FIREARMS CERTIFICATE, offences: 113. POINTING A FIREARM: offence, 86. POSSESSION, without a firearms certificate: 91. PROHIBITION PROCEDURE, appeal, compensation, etc.: 100. REVOCATION, firearms certificate or business permit: 112, 113. REGISTRY, Commissioner's: 116. REGULATIONS, Commissioner's: 116. REGULATORY OFFENCES, 88 TO 98 inclusive. REPORT, by Commissioner, annual: 117. SEARCH and SEIZURE: 112, plus existing 487 et. seq. SEIZURE, firearms certificate: 112. SERIAL NUMBERS: conditions and exemptions, 1098. TRANSITIONAL PROVISIONS: 107. WEAPON & OFFENSIVE WEAPON: new definitions, 2.