Criminal Code

Version of section 84 from 2015-02-26 to 2015-06-17:

Marginal note:Definitions
  •  (1) In this Part,

    ammunition

    munitions

    ammunition means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell; (munitions)

    antique firearm

    arme à feu historique

    antique firearm means

    • (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or

    • (b) any firearm that is prescribed to be an antique firearm; (arme à feu historique)

    authorization

    autorisation

    authorization means an authorization issued under the Firearms Act; (autorisation)

    automatic firearm

    arme automatique

    automatic firearm means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger; (arme automatique)

    cartridge magazine

    chargeur

    cartridge magazine means a device or container from which ammunition may be fed into the firing chamber of a firearm; (chargeur)

    chief firearms officer

    contrôleur des armes à feu

    chief firearms officer means a chief firearms officer as defined in subsection 2(1) of the Firearms Act; (contrôleur des armes à feu)

    Commissioner of Firearms

    commissaire aux armes à feu

    Commissioner of Firearms means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act; (commissaire aux armes à feu)

    cross-bow

    arbalète

    cross-bow means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person; (arbalète)

    export

    exporter

    export means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada; (exporter)

    firearms officer

    préposé aux armes à feu

    firearms officer means a firearms officer as defined in subsection 2(1) of the Firearms Act; (préposé aux armes à feu)

    handgun

    arme de poing

    handgun means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; (arme de poing)

    imitation firearm

    fausse arme à feu

    imitation firearm means any thing that imitates a firearm, and includes a replica firearm; (fausse arme à feu)

    import

    importer

    import means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada; (importer)

    licence

    permis

    licence means a licence issued under the Firearms Act; (permis)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by the regulations; (Version anglaise seulement)

    prohibited ammunition

    munitions prohibées

    prohibited ammunition means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; (munitions prohibées)

    prohibited device

    dispositif prohibé

    prohibited device means

    • (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

    • (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

    • (d) a cartridge magazine that is prescribed to be a prohibited device, or

    • (e) a replica firearm; (dispositif prohibé)

    prohibited firearm

    arme à feu prohibée

    prohibited firearm means

    • (a) a handgun that

      • (i) has a barrel equal to or less than 105 mm in length, or

      • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

      but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

      • (i) is less than 660 mm in length, or

      • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

    • (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

    • (d) any firearm that is prescribed to be a prohibited firearm; (arme à feu prohibée)

    prohibited weapon

    arme prohibée

    prohibited weapon means

    • (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

    • (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (arme prohibée)

    prohibition order

    ordonnance d’interdiction

    prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)

    Registrar

    directeur

    Registrar means the Registrar of Firearms appointed under section 82 of the Firearms Act; (directeur)

    registration certificate

    certificat d’enregistrement

    registration certificate means a registration certificate issued under the Firearms Act; (certificat d’enregistrement)

    replica firearm

    réplique

    replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

    restricted firearm

    arme à feu à autorisation restreinte

    restricted firearm means

    • (a) a handgun that is not a prohibited firearm,

    • (b) a firearm that

      • (i) is not a prohibited firearm,

      • (ii) has a barrel less than 470 mm in length, and

      • (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

    • (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

    • (d) a firearm of any other kind that is prescribed to be a restricted firearm; (arme à feu à autorisation restreinte)

    restricted weapon

    arme à autorisation restreinte

    restricted weapon means any weapon, other than a firearm, that is prescribed to be a restricted weapon; (arme à autorisation restreinte)

    superior court

    cour supérieure

    superior court means

    • (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

    • (b) in Quebec, the Superior Court,

    • (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

    • (d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and

    • (e) in Newfoundland and Labrador, the Trial Division of the Supreme Court; (cour supérieure)

    transfer

    cession

    transfer means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. (cession)

  • Marginal note:Barrel length

    (2) For the purposes of this Part, the length of a barrel of a firearm is

    • (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and

    • (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

    but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.

  • Marginal note:Certain weapons deemed not to be firearms

    (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

    • (a) any antique firearm;

    • (b) any device that is

      • (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

    • (c) any shooting device that is

      • (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

    • (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

      • (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

      • (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

  • Marginal note:Exception — antique firearms

    (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act.

  • Meaning of holder

    (4) For the purposes of this Part, a person is the holder of

    • (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and

    • (b) a registration certificate for a firearm if

      • (i) the registration certificate has been issued to the person and the person continues to hold it, or

      • (ii) the person possesses the registration certificate with the permission of its lawful holder.

  • Marginal note:Subsequent offences

    (5) In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

    • (b) an offence under section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 84;
  • R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186;
  • 1991, c. 40, s. 2;
  • 1995, c. 39, s. 139;
  • 1998, c. 30, s. 16;
  • 2003, c. 8, s. 2;
  • 2008, c. 6, s. 2;
  • 2009, c. 22, s. 2;
  • 2015, c. 3, s. 45.
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