Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

Export and Import Offences

Marginal note:Importing or exporting knowing it is unauthorized
  •  (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 or any prohibited ammunition, or

    • (b) any component or 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.

  • Marginal note: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 or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 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.

  • Marginal note: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 not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • Marginal note:Attorney General of Canada may act

    (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

  • 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.
Marginal note:Unauthorized importing or exporting
  •  (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 or any prohibited ammunition, or

    • (b) any component or 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.

  • Marginal note: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.

  • Marginal note:Attorney General of Canada may act

    (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

  • R.S., 1985, c. C-46, s. 104;
  • 1991, c. 40, s. 16;
  • 1995, c. 39, s. 139;
  • 2015, c. 27, s. 27.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Marginal note:Losing or finding
  •  (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.

  • Marginal note: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.
Marginal note:Destroying
  •  (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.

  • Marginal note: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.
Marginal note:False statements
  •  (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.

  • Marginal note: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.
Marginal note:Tampering with serial number
  •  (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person,

    • (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
Date modified: