GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Firearms Act — F-11.6 58
Conditions — chief firearms officer 58 (1) A chief firearms officer who issues a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport may attach any condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person. Exception — licence or authorization (1.1) However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport is subject to the regulations. Conditions — Commissioner (1.2) Subject to the regulations, the Commissioner may attach any reasonable condition to an authorization to carry referred to in paragraph 20(a) that the Commissioner considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person. Minors (2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual. Minors (3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it. 1995, c. 39, s. 58; 2015, c. 27, s. 12 2023, c. 32, s. 29
Firearms Act — F-11.6 58.1
Conditions — licence issued to business 58.1 (1) A chief firearms officer who issues a licence to a business must attach the following conditions to the licence: (a) the business must record and, for the prescribed period, keep the prescribed information that relates to the business’ possession and disposal of non-restricted firearms; (b) the business must record and — for a period of 20 years from the day on which the business transfers a non-restricted firearm, or for a longer period that may be prescribed — keep the following information in respect of the transfer: (i) the reference number issued by the Registrar, (ii) the day on which the reference number was issued, (iii) the transferee’s licence number, and (iv) the firearm’s make, model and type and, if any, its serial number; and (c) the business must, unless otherwise directed by a chief firearms officer, transmit any records containing the information referred to in paragraph (a) or (b) to a prescribed official if it is determined that the business will cease to be a business. Destruction of records (2) The prescribed official may destroy the records transmitted to them under paragraph (1)(c) at the times and in the circumstances that may be prescribed. 2019, c. 9, s. 7
Firearms Act — F-11.6 59
Different registered owner 59 An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.
Firearms Act — F-11.6 60
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. 1995, c. 39, s. 60; 2012, c. 6, s. 19
Firearms Act — F-11.6 61
Form 61 (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it. Form of authorizations (2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it. Condition attached to licence (3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence. Automatic authorization to transport (3.1) An authorization to transport referred to in subsection 19(1.1), (2.1), (2.2) or (2.3) must take the form of a condition attached to a licence. Businesses (4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition. 1995, c. 39, s. 61; 2003, c. 8, s. 38; 2015, c. 27, s. 13 2019, c. 9, s. 8
Firearms Act — F-11.6 62
Not transferable 62 Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.
Firearms Act — F-11.6 63
Geographical extent 63 (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada. (2) [Repealed, 2003, c. 8, s. 39] Authorizations to carry (3) Authorizations to carry referred to in paragraph 20(a) are not valid outside the geographic area set in the authorization by Commissioner. Authorizations to carry referred to in paragraph 20(b) are not valid outside the province in which they are issued. 1995, c. 39, s. 63; 2003, c. 8, s. 39 2023, c. 32, s. 30
Firearms Act — F-11.6 64
Term of licences 64 (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of (a) five years after the birthday of the holder next following the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. Extension period (1.1) Despite subsection (1), if a licence for firearms is not renewed before it expires, the licence is extended for a period of six months beginning on the day on which it would have expired under that subsection. No use or acquisition (1.2) The holder of a licence that is extended under subsection (1.1) must not, until the renewal of their licence, use their firearms or acquire any firearms, ammunition or cartridge magazines. Authorizations — no extension (1.3) The extension of a licence under subsection (1.1) does not result in the extension of any authorization to carry or authorization to transport beyond the day on which the licence would have expired under subsection (1). Authorizations — issuance (1.4) During the extension period, the following authorizations must not be issued to the holder of the licence: (a) an authorization to carry; and (b) an authorization to transport, unless it is issued (i) for a reason referred to in subparagraph 19(1)(b)(i) or (ii), or (ii) because the holder wishes to transport a firearm for disposal through sale or exportation. Minors (2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of (a) the day on which the holder attains the age of eighteen years, and (b) the expiration of the period for which it is expressed to be issued. Businesses (3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of (a) three years after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. Businesses that sell only ammunition (4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of (a) five years after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. (5) and (6) [Repealed before coming into force, 2008, c. 20, s. 3] Notice to holder (7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence. 1995, c. 39, s. 64; 2003, c. 8, s. 40; 2008, c. 20, s. 3; 2015, c. 27, s. 14 2023, c. 32, s. 30.1
Firearms Act — F-11.6 65
Term of authorizations 65 (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued. Authorizations to transport (2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of (a) the expiration of the period for which the condition is expressed to be attached, and (b) the expiration of the licence. Authorizations to transport (3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of (a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and (b) the expiration of the licence. Authorizations to carry (4) An authorization to carry expires (a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of (i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and (ii) the expiration of the licence; and (b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years. 1995, c. 39, s. 65; 2003, c. 8, s. 41
Firearms Act — F-11.6 66
Term of registration certificates 66 A registration certificate for a prohibited firearm or a restricted firearm expires when (a) the holder of the registration certificate ceases to be the owner of the firearm; (b) the firearm ceases to be a firearm; or (c) the classification of the firearm as a restricted firearm or a prohibited firearm changes as a result of an amendment to an Act of Parliament or to a regulation made under an Act of Parliament. 1995, c. 39, s. 66; 2012, c. 6, s. 20 2023, c. 32, s. 31
Firearms Act — F-11.6 67
Renewal — chief firearms officer 67 (1) A chief firearms officer may renew a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport in the prescribed manner. Renewal — Commissioner (1.1) The Commissioner may renew an authorization to carry referred to in paragraph 20(a) in the prescribed manner. Restricted firearms and pre-December 1, 1998 handguns (2) On renewing a licence authorizing an individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any such firearm or handgun is used by them (a) to protect their life or the life of other individuals; (b) in connection with their lawful profession or occupation; (c) in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or (d) to form part of their gun collection. Registrar (3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall (a) give notice of that decision in the prescribed form to the individual; and (b) inform the Registrar of that decision. Relics (4) Subsections (2) and (3) do not apply to a firearm (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir; (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act. Material to accompany notice (5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81. 1995, c. 39, s. 67; 2003, c. 8, ss. 42, 56 2023, c. 32, s. 32
Firearms Act — F-11.6 68
Refusal to issue — chief firearms officer 68 (1) A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason. Refusal to issue — Commissioner (2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason. 1995, c. 39, s. 68 2023, c. 32, s. 33
Firearms Act — F-11.6 69
Registration certificates 69 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.
Firearms Act — F-11.6 69.1
Suspension 69.1 (1) If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, including a psychologist, a psychiatrist, a nurse, a nurse practitioner or a medical practitioner, that the holder of a licence is no longer eligible to hold the licence, they shall suspend, in respect of that licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days. Notice (2) A chief firearms officer shall give notice in writing of the suspension to the holder of the licence. The notice shall include reasons for the decision, the nature of the information relied on for the decision, the period of the suspension and a copy of this section and sections 69.2 and 70. Non-disclosure of information (3) A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person. Termination of suspension (4) A chief firearms officer shall terminate the suspension at any time before the expiry of the period referred to in subsection (2) if they are satisfied that the grounds for the suspension no longer exist. The chief firearms officer shall give notice in writing of the termination of the suspension to the holder of the licence. 2023, c. 32, s. 34
Firearms Act — F-11.6 69.2
Prohibition on use, acquisition and importation 69.2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.1(1). 2023, c. 32, s. 34
Firearms Act — F-11.6 70
Revocation of licence or authorization 70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — for any good and sufficient reason including, without limiting the generality of the foregoing, (a) where the holder of the licence or authorization (i) is no longer or never was eligible to hold the licence or authorization, (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23, (ii) contravenes any condition attached to the licence or authorization, or (iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); (a.1) where the holder of the licence uses, acquires or imports a firearm while their authorizations to do so are suspended under subsection 69.1(1); or (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence. Registrar (2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason. 1995, c. 39, ss. 70, 137; 2003, c. 8, s. 43(E) 2019, c. 9, s. 9 2023, c. 32, s. 35
Firearms Act — F-11.6 70.1
Revocation — domestic violence 70.1 (1) If a chief firearms officer has reasonable grounds to suspect that an individual who holds a licence may have engaged in an act of domestic violence or stalking, the chief firearms officer must revoke the licence within 24 hours. Definition of domestic violence (2) For the purpose of subsection (1), domestic violence means conduct, whether or not it constitutes a criminal offence, by a family member towards another family member, including conduct by or towards an intimate partner, that is violent or threatening or that is part of a pattern of coercive and controlling behaviour or that causes that other family member or intimate partner to fear for their safety or the safety of another person, and includes (a) physical abuse, including forced confinement, but excluding the use of reasonable force to protect themselves or another person; (b) sexual abuse; (c) psychological abuse; (d) financial abuse; (e) threats to kill or cause bodily harm to any person; (f) threats to kill or harm an animal or damage property; (g) harassment, including stalking; (h) the failure to provide the necessities of life; and (i) the killing or harming of an animal or the damaging of property. 2023, c. 32, s. 36
Firearms Act — F-11.6 70.2
Revocation — protection order 70.2 (1) If an individual becomes subject to a protection order, their licence is automatically revoked and they must deliver to a peace officer any firearm that they possess within 24 hours or, if that is not possible, within any extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the individual in relation to such a firearm during that period. Notice (2) A chief firearms officer must give notice, in the prescribed manner, of a revocation referred to in subsection (1) to the individual and must specify in the notice the period referred to in that subsection. 2023, c. 32, s. 36
Firearms Act — F-11.6 70.3
Conditional licence 70.3 Subject to section 5, a chief firearms officer may, in the prescribed circumstances, issue a licence that is subject to the conditions that the chief firearms officer considers appropriate to an individual referred to in section 6.1 , 70.1 or 70.2 if the individual establishes to the satisfaction of the chief firearms officer that they need a firearm to hunt or trap in order to sustain themselves or their family. 2023, c. 32, s. 36
Firearms Act — F-11.6 71
Revocation of registration certificate 71 (1) The Registrar (a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28. Automatic revocation of registration certificate (2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate. 1995, c. 39, s. 71; 2003, c. 8, s. 44; 2012, c. 6, s. 21
Firearms Act — F-11.6 72
have access to the firearm during the period beginning with the return of the firearm and ending with its disposal; and (c) the manner in which the firearm is to be disposed of. Effect (9) An order made under subsection (7) takes effect on (a) the day after the day on which the period for making an appeal has expired, if no appeal is made; or (b) the day on which a final determination is made in respect of the appeal, if an appeal is made and the decision of the chief firearms officer is confirmed. If decision confirmed (10) If the appeal has been finally determined and the decision of the chief firearms officer is confirmed, the applicant for or holder of the licence must lawfully dispose of a firearm that was delivered to a peace officer under subsection (6) within 30 days after the day on which the firearm is returned to them. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm during that 30-day period. 1995, c. 39, s. 72; 2003, c. 8, s. 45; 2012, c. 6, s. 22 2023, c. 32, s. 37
Firearms Act — F-11.6 74
Reference to judge of refusal to issue or revocation, etc. 74 (1) Subject to subsection (2), where (a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import, (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or (c) a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act, the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides. Limitation period (2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days. 1995, c. 39, s. 74; 2003, c. 8, s. 47
Firearms Act — F-11.6 75
Hearing of reference 75 (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify. Evidence (2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder. Burden of proof (3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified. Where hearing may proceed ex parte (4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code , proceed with a trial in the absence of the defendant.
Firearms Act — F-11.6 76
Decision by provincial court judge 76 On the hearing of a reference, the provincial court judge may, by order, (a) confirm the decision of the chief firearms officer, Registrar or provincial minister; (b) 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 (c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.