Text of Bill C-301
Contents |
[edit] Text of the Bill
SUMMARY: This enactment amends the Criminal Code and the Firearms Act to modify the conditions under which a registration certificate for firearms is required. It also directs the Auditor General to conduct a cost-benefit analysis once every five years to determine whether existing firearms control measures have been effective at improving public safety, reducing violent crime and keeping firearms out of the hands of criminals. | |
2nd Session, 40th Parliament, 57-58 Elizabeth II, 2009 house of commons of canada | |
BILL C-301 | |
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R.S., c. C-46 | CRIMINAL CODE |
1. (1) Subsection 91(1) of the Criminal Code is replaced by the following: | |
Unauthorized possession of firearm | 91. (1) Subject to subsection (4), every person commits an offence who possesses a firearm without being the holder of
(2) Subparagraph 91(4)(b)(ii) of the Act is replaced by the following:
(3) Subsection 91(5) of the Act is repealed. |
Possession of firearm knowing its possession is unauthorized | 92. (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not the holder of
(2) Subparagraph 92(4)(b)(ii) of the Act is replaced by the following:
(3) Subsections 92(5) and (6) of the Act are repealed. |
Unauthorized possession in motor vehicle | 94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless (2) Subparagraphs 94(1)(a)(i) and (ii) of the Act are replaced by the following:
(3) Subsection 94(5) of the Act is repealed. |
Possession of prohibited or restricted firearm with ammunition | 95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of 5. Subsections 117.03(1) and (2) of the Act are replaced by the following: |
Seizure on failure to produce authorization | 117.03 (1) Despite section 117.02, a peace officer who finds
may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it. |
Return of seized thing on production of authorization | (2) If a person from whom anything is seized under subsection (1) claims the thing within fourteen days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,
the thing shall without delay be returned to that person. |
1995, c. 39 | FIREARMS ACT |
6. Subparagraph 4(a)(i) of the Firearms Act is replaced by the following:
7. (1) Subsection 7(1) of the French version of the Act is replaced by the following: | |
Cours sur la sécurité des armes à feu | 7. (1) La délivrance d’un permis à un particulier est subordonnée à l’une des conditions suivantes :
(2) Subsection 7(1) of the Act is amended by striking out “or” at the end of paragraph (c), adding “or” at the end of paragraph (d) and adding the following after paragraph (d):
(3) Subsection 7(2) of the French version of the Act is replaced by the following: |
Cours sur la sécurité des armes à feu à autorisation restreinte | (2) La délivrance d’un permis de possession d’une arme à feu prohibée ou d’une arme à feu à autorisation restreinte à un particulier est subordonnée à l’une des conditions suivantes :
(4) Subsection 7(2) of the Act is amended by striking out “or” at the end of paragraph (a), adding “or” at the end of paragraph (b) and adding the following after paragraph (b):
8. Section 12 of the Act is amended by adding the following after subsection (6): |
Eligibility | (6.01) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if that individual had applied for a registration certificate on or before December 31, 2002. 9. (1) The portion of subsection 19(1) before paragraph (a) is replaced by the following: |
Transporting and using prohibited firearms or restricted firearms | 19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms shall be authorized to transport a prohibited firearm or restricted firearm between two or more places for any lawful purpose, including, (2) Subsection 19(2) of the Act is repealed. 10. (1) Paragraph 23(1)(b) of the English version of the Act is replaced by the following:
(2) Paragraphs 23(1)(c) to (f) of the Act are replaced by the following:
11. Subparagraph 33(a)(ii) of the Act is replaced by the following:
12. Paragraph 34(a) of the Act is replaced by the following:
13. Paragraph 35.1(1)(b) of the Act, as enacted by section 27 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following:
14. Subsection 36(1) of the Act is replaced by the following: |
Temporary licence and registration certificate | 36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until
15. Subparagraph 38(1)(a)(ii) of the Act is replaced by the following:
16. Paragraphs 40(1)(b) and (c) of the Act, as enacted by section 30 of chapter 8 of the Statutes of Canada, 2003, are replaced by the following:
17. Section 41 of the Act, as enacted by section 31 of chapter 8 of the Statutes of Canada, 2003, is replaced by the following: |
Temporary registration certificate | 41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for a restricted firearm until a registration certificate is issued for it. 18. Paragraph 44(a) of the Act is replaced by the following:
19. Section 60 of the Act is replaced by the following: |
Registration certificates and authorizations to export or import | 60. The Registrar is responsible for issuing registration certificates for prohibited firearms and restricted firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import firearms. 20. (1) Paragraph 64(1)(a) of the Act is replaced by the following:
(2) Section 64 of the Act is amended by adding the following after subsection (1): |
Extension period | (1.01) Despite subsection (1), an individual who has not applied to renew a license by the expiration of the period for which it is expressed to be issued shall receive an automatic extension of the period for which the licence is expressed to be issued by an additional period of up to two years in order to permit the individual to apply for a renewal. |
Conditions of extension | (1.02) An individual who receives an extension under subsection (1.01) may not acquire any new firearms or ammunition until his or her license has been renewed. 21. Subsections 65(1) to (3) are replaced by the following: |
Term of authorizations | 65. (1) Subject to subsection (4), an authorization expires on the expiration of the period for which it is expressed to be issued. 22. The portion of section 66 of the Act before paragraph (a) is replaced by the following: |
Term of registration certificates | 66. A registration certificate for a prohibited firearm or a restricted firearm expires when 23. Paragraph 71(1)(a) of the Act is replaced by the following:
24. Subsection 72(5) of the Act is replaced by the following: |
Disposal of firearms — registration certificate | (5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder. 25. Paragraphs 83(1)(a) and (b) of the Act are replaced by the following:
26. The Act is amended by adding the following after section 97: |
Cost-benefit analysis | 97.1 The Auditor General shall be directed to conduct a cost-benefit analysis on each existing firearms control measure every five years to determine its effectiveness at improving public safety, reducing violent crime and keeping firearms out of the hands of criminals. 27. Section 105 of the Act is replaced by the following: |
Demand to produce firearm | 105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it. 28. The portion of section 109 of the Act before paragraph (a) is replaced by the following: |
Punishment | 109. Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m), (m.1) or (n) the contravention of which has been made an offence under paragraph 117(o) 29. Section 112 of the Act is repealed. |
Failure to deliver up revoked licence, etc. | 114. Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation. |
Punishment | 115. Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction. 31. (1) Section 117 of the Act is amended by adding the following after paragraph (m):
(2) Paragraph 117(o) of the Act is replaced by the following:
32. Subsection 119(3) of the Act is replaced by the following: |
Exception — urgency | (3) A regulation made under paragraph 117(i), (l), (m), (m.1), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances. |
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada |
[edit] Coordinating Amendments
The following additional information was taken from the website of MP Garry Breitkreuz[2]:
- 35. (1) In this section, the “other Act” means An Act to amend the Criminal Code (firearms) and the Firearms Act, being chapter 8 of the Statutes of Canada, 2003.
- (2) On the later of the day on which section 13 of this Act comes into force and the day on which section 28 of the other Act comes into force — or, if those days are the same day, then on that day — subsection 36(1) of the Firearms Act is replaced by the following:
[edit] Temporary licence and registration certificate
- 36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and in the case of a restricted firearm, as a registration certificate for the firearm, for a period of
- (a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or
- (b) in the case of any other declaration, 60 days after the importation.
- (3) On the later of the day on which section 14 of this Act comes into force and the day on which section 29 of the other Act comes into force — or, if those days are the same day, then on that day — paragraph 38(1)(a) of the Firearms Act is replaced by the following:
- (a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and
[edit] References
- ↑ BILL C-301, Parliament of Canada website / site Web du Parlement du Canada
- ↑ garrybreitkreuz.com