Please note that the following is one of 10
regulations under the Firearms Act which were tabled in
Parliament November 27, 1996 and are not currently in
force. They are subject to review in parliament for 30 sitting days. Additional firearms
regulations will be tabled at a later date. Information on how to make representations
on the proposed regulations directly to the Department of Justice, and to the
parliamentary committees that will be reviewing the regulations, may be obtained
from the 1-800 enquires centre (1-800-731-4000). According to the Justice
Department, communications materials and information
regarding the firearms regulations will be made available to the general
public through newspapers, brochures, the 1-800
enquiries centre, and the Canadian Firearms Centre internet site prior
to the new requirements coming into
force. The House of Commons committee process
normally results in changes.
Interpretation
"Act" means the Firearms Act . (Loi
)
"muzzle-loading firearm" does not include a handgun. (arme
à feu
à chargement par la bouche )
"non-restricted firearm" means a firearm that is neither a prohibited
firearm nor a restricted firearm. (arme à feu sans
restrictions )
"secure locking device" means a device
(a ) that can only be opened or released by the use of
an electronic, magnetic or mechanical key or by setting the device in
accordance with an alphabetical or numerical combination; and
(b ) that, when applied to a firearm, prevents the
firearm from being discharged. (dispositif de verrouillage
sécuritaire )
"unattended", in respect of a vehicle, means that the vehicle is not
under the direct and immediate supervision of a person who is 18
years of age or older or to whom a licence has been issued under the
Act. (non surveillé )
"unloaded", in respect of a firearm, means that any propellent
powder, projectile or cartridge that can be discharged from the
firearm is not contained in the breech or firing chamber nor in a
cartridge magazine attached to or inserted into the firearm.
(non chargée )
"vehicle" means any conveyance that is used for transportation by
water, land or air. (véhicule )
Application
(a ) peace officers;
(b ) members of the armed forces of a state other than
Canada who are attached or seconded to any of the Canadian
Forces;
(c ) persons training to become police officers or peace
officers under the control and supervision of
(i) a police force, or
(ii) a police academy or similar institution designated by the
Attorney General of Canada or the lieutenant governor in council of a
province;
(d ) members of a visiting force, within the meaning of
section 2 of the Visiting Forces Act , who are
authorized under paragraph 14(a ) of that Act to possess
and carry explosives, ammunition and firearms;
(e ) persons, or members of a class of persons, employed
in the public service of Canada or by the government of a province or
municipality who are prescribed to be public officers; and
(f ) chief firearms officers or firearms officers.
(2) These Regulations do not apply in respect of the transportation
or handling of
(a ) a restricted firearm, or a handgun referred to in
subsection 12(6) of the Act, by an individual in accordance with an
authorization issued under section 20 of the Act, including any
conditions attached to the authorization, who is carrying it
(i) to protect the life of that individual or of other individuals,
or
(ii) for use in connection with his or her lawful profession or
occupation; or
(b ) a non-restricted firearm by an individual who is
carrying it for use in connection with his or her lawful occupation
or profession.
(3) Sections 3 to 12 do not apply in respect of firearms when they
are used or handled by individuals in the course of any of the
following activities when they are lawful:
(a ) hunting and target shooting;
(b ) participating in a course in the safe handling and
use of firearms;
(c ) controlling predators or other animals; and
(d ) participating in historical re-enactments.
(4) Sections 3 to 10 do not apply in respect of antique firearms.
Storage Of Non-Restricted Firearms
(a ) it is unloaded;
(b ) it is
(i) rendered inoperable by means of a secure locking device,
(ii) rendered inoperable by the removal of the bolt or bolt-carrier,
or
(iii) stored in a container, receptacle or room that is kept securely
locked and that is constructed so that it cannot readily be broken
open or into; and
(c ) it is not readily accessible to ammunition, unless
the ammunition is stored in a container or receptacle that is kept
securely locked and that is constructed so that it cannot readily be
broken open or into.
(2) Paragraph (1)(b ) does not apply to any individual
who stores a non-restricted firearm temporarily if the individual
reasonably requires it for the control of predators or other animals
in a place where it may be discharged in accordance with all
applicable Acts of Parliament and of the legislature of a province,
regulations made thereunder and municipal by-laws.
Storage Of Restricted Firearms
(a ) it is unloaded;
(b ) it is
(i) rendered inoperable by means of a secure locking device and
stored in a container, receptacle or room that is kept securely
locked and that is constructed so that it cannot readily be broken
open or into, or
(ii) stored in a vault, safe or room that has been specifically
constructed or modified for the secure storage of restricted firearms
and that is kept securely locked; and
(c ) it is not readily accessible to ammunition, unless
the ammunition is stored in
(i) a container or receptacle that is kept securely locked and that
is constructed so that it cannot readily be broken open or into,
or
(ii) a vault, safe or room that has been specifically constructed or
modified for the secure storage of restricted firearms and that is
kept securely locked.
Storage Of Prohibited Firearms
(a ) it is unloaded;
(b ) it is
(i) rendered inoperable by means of a secure locking device and
stored in a container, receptacle or room that is kept securely
locked and that is constructed so that it cannot readily be broken
open or into, and, where the prohibited firearm is an automatic
firearm that has a removable bolt or bolt-carrier, the bolt or
bolt-carrier is removed and stored in a room that is different from
the room in which the automatic firearm is stored, that is kept
securely locked and that is constructed so that it cannot readily be
broken open or into, or
(ii) stored in a vault, safe or room that has been specifically
constructed or modified for the secure storage of prohibited firearms
and that is kept securely locked; and
(c ) it is not readily accessible to ammunition, unless
the ammunition is stored in
(i) a container or receptacle that is kept securely locked and that
is constructed so that it cannot readily be broken open or into,
or
(ii) a vault, safe or room that has been specifically constructed or
modified for the secure storage of prohibited firearms and that is
kept securely locked.
Display Of Non-Restricted Firearms
(a ) is unloaded;
(b ) is rendered inoperable by means of a secure locking
device or is in a container, receptacle or room that is kept securely
locked and that is constructed so that it cannot readily be broken
open or into; and
(c ) is not displayed with and is not readily accessible
to ammunition that can be discharged from it.
Display Of Restricted Firearms And Prohibited
Firearms
(a ) the restricted firearm or prohibited firearm is
unloaded and is rendered inoperable by means of a secure locking
device;
(b ) the restricted firearm or prohibited firearm is
securely attached to a non-portable structure in such a manner that
it cannot readily be removed;
(c ) the restricted firearm or prohibited firearm is not
displayed with and is not readily accessible to ammunition that can
be discharged from it; and
(d ) in the case of an automatic firearm that has a
removable bolt or bolt-carrier, the bolt or bolt-carrier is removed
and stored in a room that is different from the room in which the
automatic firearm is displayed, that is kept securely locked and that
is constructed so that it cannot readily be broken open or into.
(2) An individual may display a restricted firearm in a place other
than a dwelling-house only if the restricted firearm
(a ) is unloaded;
(b ) is, subject to subsection (4), securely attached to
a structure on which it is displayed by a chain, metal cable or
similar device in such a manner that the restricted firearm cannot
readily be removed;
(c ) is not displayed with ammunition that can be
discharged from it, unless the ammunition is displayed in a container
or receptacle that is kept securely locked and that is constructed so
that it cannot readily be broken open or into; and
(d ) is not readily accessible to ammunition that can be
discharged from it.
(3) An individual may display a prohibited firearm in a place other
than a dwelling-house only if
(a ) the prohibited firearm is unloaded and is rendered
inoperable by means of a secure locking device;
(b ) the prohibited firearm is, subject to subsection
(4), securely attached to a structure on which it is displayed by a
chain, metal cable or similar device in such a manner that the
prohibited firearm cannot readily be removed;
(c ) the prohibited firearm is not displayed with
ammunition that can be discharged from it, unless the ammunition is
displayed in a container or receptacle that is kept securely locked
and that is constructed so that it cannot readily be broken open or
into;
(d ) the prohibited firearm is not readily accessible to
ammunition that can be discharged from it; and
(e ) in the case of an automatic firearm that has a
removable bolt or bolt-carrier, the bolt or bolt-carrier is removed
and stored in a room that is different from the room in which the
automatic firearm is displayed, that is kept securely locked and that
is constructed so that it cannot readily be broken open or into.
(4) Paragraphs (2)(b ) and (3)(b ) do not
apply if the firearm is detached from the structure so that the
firearm may be handled by a person under the direct and immediate
supervision of the individual displaying it.
Transportation Of Non-Restricted Firearms
(a ) except in the case of a muzzle-loading firearm
that is being transported between hunting sites, it is unloaded;
and
(b ) in the case of a muzzle-loading firearm that is
being transported between hunting sites, its firing cap or flint is
removed.
(2) An individual may transport a non-restricted firearm in an
unattended vehicle only if
(a ) where the vehicle is equipped with a trunk or
similar compartment that can be securely locked, the non-restricted
firearm is in that trunk or compartment and the trunk or compartment
is securely locked; and
(b ) where the vehicle is not equipped with a trunk or
similar compartment that can be securely locked, the non-restricted
firearm is not visible from outside the vehicle and the vehicle, or
the part that contains the non-restricted firearm, is securely
locked.
Transportation Of Restricted Firearms
(a ) it is unloaded and is rendered inoperable by
means of a secure locking device;
(b ) it is in a locked container that is made of an
opaque material and is of such strength, construction and nature that
it cannot readily be broken open or into or accidentally opened
during transportation; and
(c ) where it is in a container described in paragraph
(b ) that is in an unattended vehicle,
(i) if the vehicle is equipped with a trunk or similar compartment
that can be securely locked, the container is in that trunk or
compartment and the trunk or compartment is securely locked, and
(ii) if the vehicle is not equipped with a trunk or similar
compartment that can be securely locked, the vehicle, or the part of
the vehicle that contains the container, is securely locked and the
container is not visible from outside the vehicle.
Transportation Of Prohibited Firearms
(a ) it is unloaded and is rendered inoperable by
means of a secure locking device;
(b ) if it is an automatic firearm that has a removable
bolt or bolt-carrier, the bolt or bolt-carrier is removed;
(c ) it is in a locked container that is made of an
opaque material and is of such strength, construction and nature that
it cannot readily be broken open or into or accidentally opened
during transportation; and
(d ) where it is in a container described in paragraph
(c ) that is in an unattended vehicle,
(i) if the vehicle is equipped with a trunk or similar compartment
that can be securely locked, the container is in that trunk or
compartment and the trunk or compartment is securely locked, and
(ii) if the vehicle is not equipped with a trunk or similar
compartment that can be securely locked, the vehicle, or the part of
the vehicle that contains the container, is securely locked and the
container is not visible from outside the vehicle.
Transportation Of Replica Firearms
(a ) where the vehicle in which it is being
transported is equipped with a trunk or similar compartment that can
be securely locked, the replica firearm is in that trunk or
compartment and the trunk or compartment is securely locked; and
(b ) where the vehicle in which it is being transported
is not equipped with a trunk or similar compartment that can be
securely locked, the replica firearm is not visible from outside the
vehicle and the vehicle, or the part of the vehicle that contains the
replica firearm, is securely locked.
Antique Firearms
(2) An individual may transport an antique firearm in an
unattended vehicle only if
(a ) where the vehicle is equipped with a trunk or
similar compartment that can be securely locked, the antique firearm
is in that trunk or compartment and the trunk or compartment is
securely locked; and
(b ) where the vehicle is not equipped with a trunk or
similar compartment that can be securely locked, the antique firearm
is not visible from outside the vehicle and the vehicle, or the part
that contains the antique firearm, is securely locked.
(3) An individual may transport an antique firearm that is a handgun
that has a barrel equal to or less than 105 mm in length or that is
designed or adapted to discharge a 25 or 32 calibre cartridge only if
it is in a locked container that is made of an opaque material and is
of such strength, construction and nature that it cannot readily be
broken open or into or accidentally opened during transportation.
Handling Of Firearms
Offence
Copyright 1996 J-K Carruthers Limited. All Rights Reserved