GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Firearms Act — F-11.6 76.1
Nunavut 76.1 With respect to Nunavut, the following definitions apply for the purposes of sections 77 to 81. provincial court judge means a judge of the Nunavut Court of Justice. ( juge ) superior court means a judge of the Court of Appeal of Nunavut. ( cour supérieure ) 1999, c. 3, s. 64
Firearms Act — F-11.6
provincial court judge means a judge of the Nunavut Court of Justice. ( juge )
Firearms Act — F-11.6
superior court means a judge of the Court of Appeal of Nunavut. ( cour supérieure )
Firearms Act — F-11.6 77
Appeal to superior court 77 (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order. Appeal by Attorney General (2) Subject to section 78, where a provincial court judge makes an order under paragraph 76(b) or (c), (a) the Attorney General of Canada may appeal to the superior court against the order, if the order is directed to a chief firearms officer who was designated by the federal Minister, to the Registrar or to the federal Minister; or (b) the attorney general of the province may appeal to the superior court against the order, in the case of any other order made under paragraph 76(b) or (c).
Firearms Act — F-11.6 78
Notice of appeal 78 (1) An appellant who proposes to appeal an order made under section 76 to the superior court must give notice of appeal not later than thirty days after the order is made. Extension of time (2) The superior court may, either before or after the expiration of those thirty days, extend the time within which notice of appeal may be given. Contents of notice (3) A notice of appeal must set out the grounds of appeal, together with such further material as the superior court may require. Service of notice (4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on (a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 76(a) confirming a decision of a chief firearms officer who was designated by the federal Minister, of the Registrar or of the federal Minister; (b) the attorney general of the province, in the case of an appeal against any other order made under paragraph 76(a); (c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and (d) any other person specified by the superior court.
Firearms Act — F-11.6 79
Disposition of appeal 79 (1) On the hearing of an appeal, the superior court may (a) dismiss the appeal; or (b) allow the appeal and, in the case of an appeal against an order made under paragraph 76(a), (i) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range, or (ii) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67. Burden on applicant (2) A superior court shall dispose of an appeal against an order made under paragraph 76(a) by dismissing it, unless the appellant establishes to the satisfaction of the court that a disposition referred to in paragraph (1)(b) is justified.
Firearms Act — F-11.6 80
Appeal to court of appeal 80 An appeal to the court of appeal may, with leave of that court or of a judge of that court, be taken against a decision of a superior court under section 79 on any ground that involves a question of law alone.
Firearms Act — F-11.6 81
Application of Part XXVII of the Criminal Code 81 Part XXVII of the Criminal Code , except sections 785 to 812, 816 to 819 and 829 to 838, applies in respect of an appeal under this Act, with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.
Firearms Act — F-11.6 81.1
Appointment 81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix. 2003, c. 8, s. 48
Firearms Act — F-11.6 81.2
Duties, functions and powers 81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister. 2003, c. 8, s. 48
Firearms Act — F-11.6 81.3
Delegation — federal Minister 81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3). 2003, c. 8, s. 48
Firearms Act — F-11.6 81.4
Incapacity or vacancy 81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council. 2003, c. 8, s. 48
Firearms Act — F-11.6 81.5
Superannuation and compensation 81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act . 2003, c. 8, s. 48
Firearms Act — F-11.6 82
Registrar of Firearms 82 An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act . 1995, c. 39, s. 82; 2003, c. 8, s. 49
Firearms Act — F-11.6 82.1
Incapacity or vacancy 82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar. 2003, c. 8, s. 49
Firearms Act — F-11.6 83
Canadian Firearms Registry 83 (1) The Registrar shall establish and maintain a registry, to be known as the Canadian Firearms Registry, in which shall be kept a record of (a) every licence, every registration certificate for a prohibited firearm or a restricted firearm and every authorization that is issued or revoked by the Registrar; (b) every application for a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is refused by the Registrar; (c) every transfer of a firearm of which the Registrar is informed under section 26 or 27; (d) every exportation from or importation into Canada of a firearm of which the Registrar is informed under section 42 or 50; (e) every loss, finding, theft or destruction of a firearm of which the Registrar is informed under section 88; and (f) such other matters as may be prescribed. Operation (2) The Registrar is responsible for the day-to-day operation of the Canadian Firearms Registry. 1995, c. 39, s. 83; 2012, c. 6, s. 23
Firearms Act — F-11.6 84
Destruction of records 84 The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed.
Firearms Act — F-11.6 85
Other records of Registrar 85 (1) The Registrar shall establish and maintain a record of (a) firearms acquired or possessed by the following persons and used by them in the course of their duties or for the purposes of their employment, namely, (i) peace officers, (ii) persons training to become police officers or peace officers under the control and supervision of (A) a police force, or (B) a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province, (iii) persons or members of a class of persons employed in the federal public administration or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and (iv) chief firearms officers and firearms officers; (b) firearms acquired or possessed by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province; (c) every request for a reference number made to the Registrar under section 23 and, if the request is refused, the reasons for refusing the request; and (d) every reference number that is issued by the Registrar under subsection 23(3) and, with respect to each reference number, the day on which it was issued and the licence numbers of the transferor and transferee. Reporting of acquisitions and transfers (2) A person referred to in paragraph (1)(a) or (b) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer. Destruction of records (3) The Registrar may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed. 1995, c. 39, s. 85; 2003, c. 22, s. 224(E) 2019, c. 9, s. 10
Firearms Act — F-11.6 86
Records to be transferred 86 The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.
Firearms Act — F-11.6 87
Records of chief firearms officers 87 (1) A chief firearms officer shall keep a record of (a) every licence and authorization that is issued or revoked by the chief firearms officer; (a.1) every licence that is the subject of a suspension under section 69.1; (b) every application for a licence or authorization that is refused by the chief firearms officer; (c) every prohibition order of which the chief firearms officer is informed under section 89; and (d) such other matters as may be prescribed. Destruction of records (2) A chief firearms officer may destroy any record referred to in subsection (1) at such times and in such circumstances as may be prescribed. 1995, c. 39, s. 87 2023, c. 32, s. 38
Firearms Act — F-11.6 88
Reporting of loss, finding, theft and destruction 88 A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a restricted firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction. 1995, c. 39, s. 88; 2012, c. 6, s. 24
Firearms Act — F-11.6 88.1
Authorization to disclose 88.1 (1) If the Commissioner, the Registrar or a chief firearms officer has reasonable grounds to suspect that an individual is using or has used a licence to transfer or offer to transfer a firearm for the purpose of committing an offence referred to in subsection 99(1) or 100(1) of the Criminal Code , the Commissioner, the Registrar or the chief firearms officer may disclose, for the purpose of investigating or prosecuting an offence under that subsection, the following information to a law enforcement agency: (a) the individual’s name, date of birth and address; (b) the licence number and province of issuance of the individual’s most recent licence and the dates of issue of the first licence and most recent licence issued to the individual; (c) a list of all restricted and prohibited firearms acquired by the individual and whether they were acquired from a business or an individual; (d) the number, date of issue and expiration date of the registration certificates for all firearms for which the individual was issued a registration certificate and the firearm identification number of those firearms; (e) the serial number, make, model, manufacturer, calibre and barrel length of all firearms for which the individual was issued a registration certificate; (f) whether a firearm for which the individual was issued a registration certificate has been transferred or reported lost or stolen; and (g) any other prescribed information. For greater certainty (2) For greater certainty, nothing in subsection (1) is intended to derogate from the powers conferred on the Commissioner, the Registrar or a chief firearms officer under this Act or any other Act of Parliament or an Act of a provincial legislature or the common law to disclose information to a law enforcement agency. 2023, c. 32, s. 39
Firearms Act — F-11.6 89
Reporting of prohibition orders 89 Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.
Firearms Act — F-11.6 90
Right of access 90 The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.
Firearms Act — F-11.6 91
Electronic filing 91 (1) Subject to the regulations, notices and documents that are sent to or issued by the Registrar pursuant to this or any other Act of Parliament may be sent or issued in electronic or other form in any manner specified by the Registrar. Time of receipt (2) For the purposes of this Act and Part III of the Criminal Code , a notice or document that is sent or issued in accordance with subsection (1) is deemed to have been received at the time and date provided by the regulations.
Firearms Act — F-11.6 92
Records of Registrar 92 (1) Records required by section 83 or 85 to be kept by the Registrar may (a) be in bound or loose-leaf form or in photographic film form; or (b) be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written or printed form within a reasonable time. Storage of documents or information in electronic or other form (2) Subject to the regulations, a document or information received by the Registrar under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible written or printed form within a reasonable time. Probative value (3) Where the Registrar maintains a record of a document otherwise than in written or printed form, an extract from that record that is certified by the Registrar has the same probative value as the document would have had if it had been proved in the ordinary way.
Firearms Act — F-11.6 93
Report to federal Minister 93 (1) The Commissioner shall, no later than May 31 of each year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act. Information on disclosures (1.1) Each report shall include information relating to the disclosures made under section 88.1 during the period to which the report relates, including the number of disclosures made to a law enforcement agency. Report to be laid before Parliament (2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it. 1995, c. 39, s. 93; 2003, c. 8, s. 50 2023, c. 32, s. 42
Firearms Act — F-11.6 94
Information to be submitted to Commissioner 94 A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93. 1995, c. 39, s. 94; 2003, c. 8, s. 50
Firearms Act — F-11.6 95
Agreements with provinces 95 The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces (a) providing for payment of compensation by Canada to the provinces in respect of administrative costs actually incurred by the provinces in relation to processing licences, registration certificates and authorizations and applications for licences, registration certificates and authorizations and the operation of the Canadian Firearms Registration System; and (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act , authorizing the governments of the provinces to withhold those costs, in accordance with the terms and conditions of the agreement, from fees under paragraph 117(p) collected or received by the governments of the provinces.
Firearms Act — F-11.6 96
Other obligations not affected 96 The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.
Firearms Act — F-11.6 97
Exemptions — Governor in Council 97 (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code , for any period specified by the Governor in Council. Exemptions — federal Minister (2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code , for any period not exceeding one year. Exemptions — provincial minister (3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code , for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. Public safety (4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted. Conditions (5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person. 1995, c. 39, s. 97; 2001, c. 41, s. 96
Firearms Act — F-11.6 97.1
Exception — handguns 97.1 Sections 12.2 and 19.1 do not apply in respect of an individual who (a) holds an authorization to carry in respect of a handgun; or (b) meets the prescribed criteria and annually provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating (i) that they are training, competing or coaching in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee, (ii) the disciplines in which they train, compete or coach, and (iii) that the handgun in question is necessary for training, competing or coaching in those disciplines. 2023, c. 32, s. 43
Firearms Act — F-11.6 98
Authorized chief firearms officer may perform functions of provincial minister 98 A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.
Firearms Act — F-11.6 99
Designated officers may perform functions of chief firearms officers 99 A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation. 1995, c. 39, s. 99; 2003, c. 8, s. 52
Firearms Act — F-11.6 100
Designated officers may perform functions of Registrar 100 A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.
Firearms Act — F-11.6 101
Definition of “inspector” 101 In sections 102 to 105, inspector means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.
Firearms Act — F-11.6 102
Inspection 102 (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may (a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply; (b) examine any firearm and examine any other thing that the inspector finds and take samples of it; (c) conduct any tests or analyses or take any measurements; and (d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations. Operation of data processing systems and copying equipment (2) In carrying out an inspection of a place under subsection (1), an inspector may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document. Use of force (3) In carrying out an inspection of a place under subsection (1), an inspector may not use force. Receipt for things taken (4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm. Definition of “business” (5) For greater certainty, in this section, business has the meaning assigned by subsection 2(1).
Firearms Act — F-11.6 103
Duty to assist inspectors 103 The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.