Gun Control Legislation

The House of Commons of Canada

BILL C-357

An Act to provide for the expiry of gun control legislation that is not proven effective within five 
years of coming into force

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

Definitions

	1. In this Act,

"firearm"

« arme à feu »

"firearm" has the meaning given to it by the Criminal Code;

"gun control provision"

« disposition législative sur les armes à feu »

"gun control provision" means a provision of the Criminal Code, the Firearms Act or any 
other Act of Parliament that provides for or controls the 
manufacture, modification, importation, storage, 
distribution, sale, ownership, possession or use of a firearm, 
but does not include a provision related to the use of a firearm 
in the commission of an offence;

"Minister"

« ministre »

"Minister" means the Minister of Justice.

Expiry of provisions

	2. Notwithstanding any other Act of Parliament, every gun control provision expires five 
years from the later of

(a) the day it came into force, and

(b) January 1, 1999,

unless prior to that date

(c) the Auditor General has prepared and caused to be laid 
before both Houses of Parliament a report on whether the 
provision and the way in which it has been administered has 
been a successful and cost-effective use of public funds to 
achieve an increase in public safety and a reduction in the 
incidence of violent crime involving the use of firearms;

(d) the report of the Auditor General has been considered by 
a review committee appointed by the Minister pursuant to 
section 3;

(e) the review committee has reviewed and reported to the House 
of Commons on the success and cost-effectiveness of the 
provision during the time it has been in force, and the 
committee has reported the extent to which

(i) public safety has been increased or decreased,

(ii) the incidence of violent crime related to the use of firearms has been reduced or 
increased, and

(iii) cost-effective use of public funds has been made to achieve a demonstrated 
increase in public safety or a reduction in the incidence of violent crime involving 
the use of firearms; and

(f) the House of Commons has passed a resolution concurring in 
the report of the review committee.

Review committee

	3. (1) A review committee shall consist of twelve members appointed by the Minister

(a) three of whom shall be members of the House of Commons 
nominated by the government party;

(b) two of whom shall be members of the House of Commons 
nominated by the official opposition party;

(c) one of whom shall be a member of the House of Commons 
nominated by the third party; and

(d) six of whom shall be nominated by the members referred to 
in paragraphs (a), (b) and (c) and shall be persons 
knowledgeable in the areas of firearms control law, 
recreational firearms ownership and use, criminology, Canadian 
and foreign firearms control and crime statistics, firearms 
control costing, constitutional law and other such areas of 
expertise as the committee may require.

Chairperson and Vice-Chairperson

	(2) A review committee shall at its first meeting elect a Chairperson and Vice-Chairperson.

Provincial public hearings

	(3) A review committee must hold at least one public hearing in each province.

Delay to make amendments

	4. Where a gun control provision is to expire as a result of section 2, the Governor in Council 
may, by order, defer its expiry, for a period not exceeding one year, if the provision contains matters 
that do not relate to gun control and if a deferral is necessary in order for Parliament to pass 
legislation to continue the other matters in force after the expiry of the gun control provision.

Coming into force

	5. This Act shall come into force on January 1, 1997.


Summary

	This enactment will provide a 5-year sunset provision on all gun control legislation unless 
the Auditor General has reported that it has been a successful and cost-effective measure to increase 
public safety and reduce violent crime involving the use of firearms. The report has to be considered 
by a twelve-member committee representing broad interests, and the committee report must be 
presented to and concurred in by the House of Commons.

	Expiry may be deferred to allow Parliament to pass amendments to allow gun control 
provisions to expire without affecting parts of the Act that do not relate to gun control and that are 
to continue.