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.
FIREARMS LICENCES REGULATIONS
Interpretation
1. In these Regulations, "Act" means the Firearms Act
.
PART I
INDIVIDUALS
Issuance of Licences
2. (1) Subject to subsections (2) and (3), the chief firearms officer of a province
may issue licences referred to in this Part only to residents of the province.
(2) The chief firearms officer of a province may issue a licence referred to in subsection
10(2) only to an individual who will be coming to the province for a purpose referred
to in subsection 10(4).
(3) The chief firearms officer of a province may issue a licence referred to in section
3 to an individual who is a non-resident if the individual engages in or proposes
to engage in lawful activities in Canada that involve the use of firearms.
Possession and Acquisition Licences for Firearms
3. (1) Subject to subsection 13(2), an application for a licence to possess and acquire
firearms that is made by an individual must be accompanied by
(a
) a photograph of the applicant that is sufficient to identify the applicant accurately
and that meets the requirements of subsection 13(1);
(b
) a statement, signed by the applicant and by a person who has known the applicant
for at least three years, and with their names printed legibly on it, confirming
that the photograph accurately identifies the applicant and that the person has known
the applicant for at least three years;
(c
) a statement, signed by two persons, other than the applicant's spouse, who have
known the applicant for at least three years, and with their names printed legibly
on it, confirming that they have known the applicant for at least three years and
that, to the best of their knowledge and belief,
(i) the information in the application is true, and
(ii) there is no reason why it would be desirable, in the interests of the safety
of the applicant or any other person, that the applicant not possess a firearm; and
(d
) subject to subsection (2), the name, current address and telephone number of every
former or current spouse or common-law partner of the applicant with whom the applicant
is cohabiting or has cohabited within two years before the application is made.
(2) If an applicant does not know the current address or telephone number of a current
or former spouse or common-law partner referred to in paragraph (1)(d
), the application must be accompanied by a statement to that effect.
4.
(1) Subject to subsections (2) and (3), a chief firearms officer shall not issue
a licence referred to in subsection 3(1) to an applicant unless the chief firearms
officer has given notice of the application to each current or former spouse or common-law
partner referred to in paragraph 3(1)(d
).
(2) A chief firearms officer may issue the licence without giving notice to a current
or former spouse or common law partner referred to in paragraph 3(1)(d
) who has signed the application.
(3) A chief firearms officer may issue the licence without giving notice to a current
or former spouse or common law partner referred to in paragraph 3(1)(d
) with whom the applicant is not cohabiting if
(a
) the chief firearms officer determines, on the basis of the information submitted
by the applicant, that it is not practicable to give notice to the person; and
(b
) the chief firearms officer
(i) requires the applicant to submit the information referred to in subsection 55(1)
of the Act, or
(ii) conducts an investigation referred to in subsection 55(2) of the Act.
5.
A chief firearms officer may not issue a licence referred to in subsection 3(1) to
an applicant until at least 28 days have elapsed since the application was made,
unless the applicant holds, at the time of applying for the licence,
(a
) a firearms acquisition certificate that is deemed to be a licence under section
120 of the Act; or
(b
) a licence to possess and acquire firearms.
Possession Licences for Firearms (Paragraph 7(4)(c) of the Act)
6. Sections 7 and 8 apply to an individual who is referred to in paragraph 7(4)(c
) of the Act, is 18 years old or older and is not a non-resident.
7.
(1) An individual described in section 6 is eligible to hold a licence only if the
individual first applied for it before December 31, 2000.
(2) An individual is eligible to hold a licence to possess firearms that are neither
prohibited firearms nor restricted firearms only if, beginning on the day on which
paragraph 7(4)(c
) of the Act came into force, the individual has lawfully and continuously possessed
a firearm that is neither a prohibited firearm nor a restricted firearm.
(3) An individual is eligible to hold a licence to possess restricted firearms only
if, beginning on the day on which paragraph 7(4)(c
) of the Act came into force, the individual has lawfully and continuously possessed
a restricted firearm.
8. Subject to subsection 13(2), an application for a licence must be accompanied by
(a
) a photograph of the applicant that is sufficient to identify the applicant accurately
and that meets the requirements of subsection 13(1); and
(b
) a statement, signed by the applicant and by a person who has known the applicant
for at least three years, and with their names printed legibly on it, confirming
that the photograph accurately identifies the applicant and that the person has known
the applicant for at least three years.
Possession Licences for Firearms--Minors
9.
(1) Subject to subsection 13(2), an application for a licence to possess firearms
that is made by an individual who is less than 18 years old must be accompanied by
(a
) a photograph of the applicant that is sufficient to identify the applicant accurately
and that meets the requirements of subsection 13(1); and
(b
) a statement, signed by the applicant and, subject to subsection (2), by a parent
or person who has custody of the applicant, and with their names printed legibly
on it, confirming that the photograph accurately identifies the applicant.
(2) The parent or person referred to in paragraph (1)(b
) may, instead of signing the statement, verify it in the same manner as he or she
gave the consent under subsection 8(5) of the Act.
Non-residents' Sixty-Day Possession Licences (Borrowed Firearms)
10.(1) This section does not apply in respect of the importation of firearms by non-residents
pursuant to section 35 of the Act.
(2) An application that is made by or on behalf of an individual who is 18 years old
or older and who is a non-resident for a sixty-day licence referred to in subsection
5(3) of the Act must be accompanied by a statement, signed by a person referred to
in subsection (3) and with the person's name printed legibly on it, confirming that,
to the best of the person's knowledge and
belief, the applicant will be using the firearms for a purpose referred to in subsection
(4).
(3) The persons who may sign a statement for the purposes of subsection (2) are members
of any of the following classes of persons and authorized officers of any of the
following classes of organizations:
(a
) outfitters or other persons authorized under the laws of a province to provide services
involving organized hunting in Canada;
(b
) Canadian residents who hold licences to possess firearms and who hold licences to
hunt that are issued by a province;
(c
) persons or organizations sponsoring a shooting competition at which competitors
might reasonably need to borrow firearms;
(d
) officers of a shooting club or shooting range that is approved under section 29
of the Act;
(e
) persons or organizations sponsoring a historical re-enactment or display; and
(f
) persons or organizations that have an interest in a business or scientific activity
that is being carried on, or that will be carried on, in a remote area in which firearms
are reasonably required for the control of predators.
(4) An individual is eligible to hold a licence referred to in subsection (2) only
if the individual will be using the firearms exclusively for one or more of the following
purposes:
(a
) hunting under the supervision of an outfitter or other person authorized under the
laws of a province to provide services involving organized hunting in Canada;
(b
) hunting with, or hunting with a firearm borrowed from, a person who is a member
of a class described in paragraph (3)(b
);
(c
) competing in a shooting competition for which the firearms might reasonably be needed;
(d
) target practice at a shooting club or shooting range that is approved under section
29 of the Act;
(e
) participating in a historical re-enactment or display; and
(f
) engaging in a business or scientific activity that is being carried on, or that
will be carried on, in a remote area in which firearms are reasonably required for
the control of predators.
Acquisition Licences for Cross-bows
11. Subject to subsection 13(2), an application for a licence to acquire cross-bows that
is made by an individual must be accompanied by
(a
) a photograph of the applicant that is sufficient to identify the applicant accurately
and that meets the requirements of subsection 13(1);
(b
) a statement, signed by the applicant and by a person who has known the applicant
for at least three years, and with their names printed legibly on it, confirming
that the photograph accurately identifies the applicant and that the person has known
the applicant for at least three years; and
(c
) a statement, signed by two persons, other than the applicant's spouse, who have
known the applicant for at least three years, and with their names printed legibly
on it, confirming that they have known the applicant for at least three years and
that, to the best of their knowledge and belief,
(i) the information in the application is true, and
(ii) there is no reason why it would be desirable, in the interests of the safety
of the applicant or any other person, that the applicant not possess a cross-bow.
12. A chief firearms officer may not issue a licence referred to in section 11 to an
applicant until at least 28 days have elapsed since the application was made, unless the applicant holds, at the time of
applying for the licence,
(a
) a firearms acquisition certificate that is deemed to be a licence under section
120 of the Act; or
(b
) a licence to acquire cross-bows.
Photographs
13. (1) For the purposes of paragraphs 3(1)(a
), 8(a
), 9(1)(a
) and 11(a
), photographs may be in colour or in black and white and must
(a
) show a full front-view of the applicant's head and shoulders and have a plain background;
(b
) have a view of the applicant's head that is at least 30 mm (1.375 inches) in length;
and
(c
) show the applicant's face unobscured by sunglasses or any other object.
(2) An application that is made by an individual who, for religious reasons, cannot
be photographed must be accompanied by
(a
) a declaration, signed by the applicant, stating that the applicant cannot, for religious
reasons, be photographed; and
(b
) a declaration, signed by an individual who is of the same religion as the applicant
and who is authorized under the laws of a province to solemnize marriages, stating
that that religion prohibits the taking of photographs of its members and that the
applicant is a member of that religion.
Conditions
14. A chief firearms officer who issues a licence to an individual shall attach to it
the condition that the individual must report any changes in the individual's name
or address to a chief firearms officer within 30 days after the change.
Revocation
15. (1) A chief firearms officer who issues a licence to an individual shall consider
revoking it if the chief firearms officer becomes aware that the individual has been
involved in an act of domestic violence.
(2) For greater certainty, where a licence is revoked, the holder of the licence may
refer the matter to a provincial court judge under section 74 of the Act.
Certification by a Chief Firearms Officer
16. For the purposes of paragraph 7(4)(a
) of the Act, the circumstances are that the individual has continuously owned a firearm
since January 1, 1979.
17. For the purposes of paragraph 7(4)(a
) of the Act, the following are the criteria relating to the safe handling and use
of firearms and the laws relating to firearms:
(a
) knowledge of
(i) the principles relating to the safe storage, display, handling, transportation
and use of firearms that is equivalent to the knowledge required for the purposes
of the Canadian Firearms Safety Course with respect to the safe storage, display,
handling, transportation and use of firearms, and
(ii) the basic operation of common hunting or sporting firearms; and
(b
) basic knowledge of the Acts of Parliament and of the legislature of the province
in which the application is or will be made, and of the regulations made thereunder,
that relate to the use of firearms for hunting or sporting purposes and to the storage,
display, handling and transportation of firearms by individuals.
PART II
BUSINESSES
Issuance of Licences
18. A chief firearms officer of a province may issue licences referred to in this Part
only to businesses that carry on business in the province.
Eligibility of Museums
19. A museum is eligible to hold a licence only if
(a
) the museum is incorporated by or under an Act of Parliament or of the legislature
of a province;
(b
) the museum is a non-profit organization;
(c
) the museum is open to the public, or puts on demonstrations or displays for the
public, on a regular basis;
(d
) the museum or its curator is a member in good standing of a national or provincial
museums association; and
(e
) the museum is administered for purposes that include collecting, preserving, studying,
interpreting, assembling and exhibiting to the public for its education and enjoyment
objects and specimens of educational and cultural value, including artistic, scientific,
historical and technological materials.
Persons Related to a Business
20. For the purposes of section 9 of the Act, every person who is related to a business
referred to in that section in one of the following ways is in a prescribed relationship
to the business:
(a
) the person is an owner of or partner in the business;
(b
) where the business is a corporation, the person is a director, officer or shareholder
of the corporation; and
(c
) the person is the spouse, child, parent, brother or sister of a person referred
to in paragraph (a
) or (b
).
Prescribed Purposes
21. The following purposes are prescribed for the purposes of subsection 11(2) of the
Act:
(a
) export to a country under a contract entered into between the Government of Canada
and the government of that country;
(b
) the performance of a contract entered into by the Government of Canada, the government
of a province, the government of a municipality acting on behalf of a police force
or a police force, or by a person acting on behalf of such a government or a police
force;
(c
) use in respect of motion picture, television, video or theatrical production or
in publishing activities;
(d
) display, repair, restoration, maintenance or storage for or by a museum;
(e
) in respect of handguns within the meaning of paragraph (a
) of the definition "prohibited firearm", and handgun barrels within the meaning of
paragraph (b
) of the definition "prohibited device", in subsection 84(1) of the Criminal Code
, use by
(i) businesses whose principal activity is the handling, transportation or protection
of cash, negotiable instruments or other goods of substantial value and whose employees
require handguns to protect their lives in the course of that activity, or
(ii) businesses that have instructors who are certified in the safe handling and use
of handguns and who require handguns for such instruction;
(f
) the maintenance, repair, modification or storage of a prohibited firearm, or any
component or part thereof, on behalf of a person licensed to possess prohibited firearms
or on behalf of a public officer, as defined in subsection 117.07(2)
of the Criminal Code
, who is acting in the course of his or her duties or employment;
(g
) the possession of a prohibited firearm for sale on consignment, on behalf of a person
licensed to possess prohibited firearms;
(h
) the possession of a prohibited firearm, prohibited weapon, prohibited device or
prohibited ammunition, or any component or part thereof, for the purpose of supplying
it to a public officer, as defined in subsection 117.07(2) of the Criminal Code
, who is acting in the course of his or her duties or employment;
(i
) the development or testing of body armour, armoured security vehicles, or other
devices or materials designed to prevent or limit penetration by ammunition, including
prohibited ammunition, discharged from a firearm;
(j
) the development or testing of processes, devices or materials designed to prevent,
limit or counteract the effects of prohibited weapons;
(k
) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited
weapon or prohibited device, or any component or part thereof, or the manufacture
of ammunition for a prohibited firearm, in respect of which an export permit under
the Export and Import Permits Act
has been issued;
(l
) the development or testing of ammunition for a prohibited firearm;
(m
) the manufacture, maintenance, repair or modification of a prohibited weapon or prohibited
device, or any component or part thereof, for the purpose of supplying it to a public
officer, as defined in subsection 117.07(2) of the Criminal Code
, who is acting in the course of his or her duties or employment;
(n
) the inspection, development or testing of a prohibited firearm, prohibited weapon
or prohibited device, or any component or part thereof, for or on behalf of
(i) the holder of an export permit issued under the Export and Import Permits Act
,
(ii) a public officer, as defined in subsection 117.07(2) of the Criminal Code
, who is acting in the course of his or her duties or employment, or
(iii) the Canadian Forces; and
(p
) the development or testing of ammunition for export to a country included on the
Automatic Firearms Country Control List
established pursuant to section 4.1 of the Export and Import Permits Act
.
Additional Information
22. An application for a licence that is made by a business must be accompanied by the
certificate of incorporation or other constating instrument of the business, and
by any document registering with a province the name and style under which the business
operates or would operate.
Conditions
23. (1) Where a chief firearms officer issues a licence to a business, he or she shall
attach to the licence the following conditions:
(a
) that the business not depict or promote violence in an advertisement of a firearm
or other weapon;
(b
) that the business notify the chief firearms officer if any employee of the business
who holds an authorization to carry for the purpose referred to in paragraph 3(a
) of the
Authorizations to Carry Restricted Firearms and Certain Handguns Regulations
ceases to be employed by the business;
(c
) that the business keep records of transactions entered into by the business in relation
to firearms; and
(d
) that the business keep an inventory of all of the following goods that are present
at the location of the business:
(i) firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited
ammunition, and
(ii) components or parts that are designed exclusively for use in the manufacture
of or assembly into an automatic firearm.
(2) Where a chief firearms officer issues a licence to a business other than a carrier,
he or she shall attach to the licence the condition that the business notify the
chief firearms officer if the business becomes aware that any employee of the business
who, in the course of duties of employment, handles or would handle firearms, prohibited
weapons, restricted weapons, prohibited devices or prohibited ammunition, has been
(a
) charged with or convicted of an offence referred to in paragraph 5(2)(a
) of the Act;
(b
) treated for mental illness referred to in paragraph 5(2)(b
) of the Act; or
(c
) involved in behaviour referred to in paragraph 5(2)(c
) of the Act.
(3) Where a chief firearms officer issues a licence to a business, other than a carrier,
to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited
ammunition for the prescribed purpose set out in paragraph 21(h
), he or she shall attach to the licence a condition that sets out the maximum inventory
levels for the prohibited firearms, prohibited weapons, prohibited devices or prohibited
ammunition, as the case may be.
(4) Where a chief firearms officer or the Registrar issues a licence to a carrier,
he or she shall attach to the licence the condition that a copy of the licence accompany
each bill of lading with respect to the transportation of firearms, restricted weapons,
prohibited weapons, prohibited devices, ammunition or prohibited ammunition.
PART III
NOTICE OF REFUSAL OR REVOCATION
24. (1) A notice of a decision to refuse to issue a licence or to revoke a licence is
sufficiently given if the notice is addressed to the applicant for or holder of the
licence at the address of that person that is set out in the application for the
licence or, if the person has advised the chief firearms officer of a change of address,
at that address, and the notice is
(a
) delivered personally
(i) where the applicant or holder is an individual, at any time that is reasonable
in the circumstances, and
(ii) where the applicant or holder is a business, during normal business hours;
(b
) sent by registered or certified mail; or
(c
) transmitted by electronic means that can produce a paper record.
(2) The notice is deemed to be received
(a
) on the day of delivery, if it is delivered personally;
(b
) on the fifth working day, excluding Saturdays and holidays, after the postmark date,
if it is sent by mail; and
(c
) if it is sent by electronic means,
(i) where the applicant or holder is an individual, on the day of transmission, and
(ii) where the applicant or holder is a business, on the day of transmission, where
that day is a working day, or, where that day is not a working day, on the first
working day after the day of transmission.
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