GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 102.1
Possession of computer data 102.1 (1) Every person commits an offence who possesses or accesses computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Distribution of computer data (2) Every person commits an offence who distributes, publishes or makes available computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing that the computer data are intended to be used for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Punishment (3) Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or (b) is guilty of an offence punishable on summary conviction. Definitions of computer data and computer system (4) In this section, computer data and computer system have the same meaning as in subsection 342.1(2). 2023, c. 32, s. 1.4
Criminal Code — C-46 103
Importing or exporting knowing it is unauthorized 103 (1) Every person commits an offence who imports or exports (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm, knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Punishment — firearm (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years. Punishment — other cases (2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. (3) [Repealed, 2019, c. 25, s. 28] R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s. 139; 2008, c. 6, s. 12; 2015, c. 27, s. 26 2019, c. 25, s. 28 2022, c. 15, s. 8 2023, c. 32, s. 1.5 2023, c. 32, s. 14 2023, c. 32, s. 71
Criminal Code — C-46 104
Unauthorized importing or exporting 104 (1) Every person commits an offence who imports or exports (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm, otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (3) [Repealed, 2019, c. 25, s. 29] R.S., 1985, c. C-46, s. 104; 1991, c. 40, s. 16; 1995, c. 39, s. 139; 2015, c. 27, s. 27 2019, c. 25, s. 29 2023, c. 32, s. 1.6
Criminal Code — C-46 104.1
Altering cartridge magazine 104.1 (1) Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 2023, c. 32, s. 2
Criminal Code — C-46 105
Losing or finding 105 (1) Every person commits an offence who (a) having lost a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or (b) on finding a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 105; 1991, c. 28, s. 10, c. 40, ss. 18, 39; 1994, c. 44, s. 7; 1995, c. 39, s. 139; 2015, c. 27, s. 28
Criminal Code — C-46 106
Destroying 106 (1) Every person commits an offence who (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction, does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 106; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991, c. 40, s. 19; 1995, c. 22, s. 10, c. 39, s. 139; 2012, c. 6, s. 6
Criminal Code — C-46 107
False statements 107 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. Definition of report or statement (3) In this section, report or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not. R.S., 1985, c. C-46, s. 107; 1991, c. 40, s. 20; 1995, c. 39, s. 139; 2015, c. 27, s. 29
Criminal Code — C-46 108
Tampering with serial number 108 (1) Every person commits an offence who, without lawful excuse, (a) alters, defaces or removes a serial number on a firearm; or (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. Exception (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm. Evidence (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed. R.S., 1985, c. C-46, s. 108; 1991, c. 40, s. 20; 1995, c. 39, s. 139; 2012, c. 6, s. 7; 2018, c. 29, s. 6
Criminal Code — C-46 109
. 113 to 117 (5) Sections 113 to 117 apply in respect of every order made under subsection (1). R.S., 1985, c. C-46, s. 109; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1991, c. 40, s. 21; 1995, c. 39, ss. 139, 190; 1996, c. 19, s. 65.1; 2003, c. 8, s. 4; 2015, c. 27, s. 30; 2018, c. 16, s. 208 2019, c. 25, s. 30 2023, c. 32, s. 3 2023, c. 32, s. 3.1
Criminal Code — C-46 110
Discretionary prohibition order 110 (1) Where a person is convicted, or discharged under section 730, of (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order. Duration of prohibition order (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence. Exception (2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against (a) the person’s intimate partner; (b) a child or parent of the person or of anyone referred to in paragraph (a); or (c) any person who resides with the person or with anyone referred to in paragraph (a) or (b). Reasons (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so. Definition of release from imprisonment (4) In subsection (2), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole. Application of ss. 113 to 117 (5) Sections 113 to 117 apply in respect of every order made under subsection (1). R.S., 1985, c. C-46, s. 110; 1991, c. 40, ss. 23, 40; 1995, c. 39, ss. 139, 190; 2015, c. 27, s. 31; 2018, c. 16, s. 209 2019, c. 25, s. 31 2023, c. 32, s. 3.2
Criminal Code — C-46 110.1
, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized. Return of things and documents (8) Any things or documents seized under subsection (5) or (6) from a person against whom an order has been made under subsection (3) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person (a) if no date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the end of the period specified in the order made against the person under subsection (3); (b) if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or (c) despite paragraphs (a) and (b), if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked. Application of sections 113, 114 and 116 (9) Sections 113, 114 and 116 apply in respect of every order made under subsection (3). Definition of provincial court judge (10) In this section and sections 110.4, 111, 112, 117.0101, 117.0104, 117.011 and 117.012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides. 2015, c. 27, s. 32; 2019, c. 25, s. 32 2023, c. 32, s. 4 2023, c. 32, s. 70
Criminal Code — C-46 110.2
Order denying access to information 110.2 (1) If an order is made under subsection 110.1(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following: (a) any information relating to the order made under that subsection; (b) any information relating to a warrant issued under subsection 110.1(5); (c) any information relating to a search and seizure conducted without a warrant under subsection 110.1(6); and (d) any information relating to the order made under this subsection. Expiry of order (2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 110.1(3) expires or is revoked. Exception (3) Despite subsection (2), if, before the order made under subsection 110.1(3) expires or is revoked, a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), an order made under subsection (1) ceases to have effect on (a) the date fixed under subsection 110.4(1); or (b) if the order made under subsection 110.1(3) is revoked before that date, the day on which it is revoked. Procedure (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the report made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5). Revocation or variance of order (5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. 2023, c. 32, s. 4 2023, c. 32, s. 70(E)
Criminal Code — C-46 110.3
Order to delete identifying information 110.3 (1) If an order is made under subsection 110.1(3) or 110.2(1), a provincial court judge may, on application by the person who applied for the order referred to in subsection 110.1(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that (a) copies be made of any documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself; (b) any information that could identify the person who applied for the order referred to in subsection 110.1(3) or anyone known to the person be deleted from those copies; and (c) the documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b). Duration of order (2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 110.1(3) or of anyone known to the person. Procedure (3) If an order is made under subsection (1), the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Revocation or variance of order (4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. Clarification (5) For greater certainty, if a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), any order made under this section that is still in force applies in respect of that hearing. 2023, c. 32, s. 4
Criminal Code — C-46 110.4
Order under subsection 111(5) 110.4 (1) If a provincial court judge makes an order under subsection 110.1(3), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 111(1) and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 111(5) is sought. Clarification — application for order (2) For the purpose of this section, (a) the application for the order referred to in subsection 110.1(3) is deemed, except for the purpose of subsection 111(2), to be an application made under subsection 111(1); and (b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 110.1(3), the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 111(1). Date for hearing (3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 110.1(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 111(5) is sought, adjourn the hearing. Requirement — notice (4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 111(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of that date to be served on that Attorney General. Cancellation of hearing (5) If a provincial court judge revokes an order made under subsection 110.1(3) against a person before the application for an order sought under subsection 111(5) against the person is heard, the judge shall cancel the hearing. 2023, c. 32, s. 4
Criminal Code — C-46 112
Revocation of prohibition order under subsection 110.1(3) or 111(5) 112 A provincial court judge may, on application by the person against whom an order is made under subsection 110.1(3) or 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist. R.S., 1985, c. C-46, s. 112; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991, c. 40, s. 26; 1995, c. 39, s. 139 2023, c. 32, s. 6