Firearms Act (S.C. 1995, c. 39)

Marginal note:Temporary licence and registration certificate

• 36 (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until

  • (a) the expiry of 60 days after the importation, in the case of a non-restricted firearm; or

  • (b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

• Marginal note:Renewal

  (2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

• Marginal note:Electronic or other means

  (3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.

37 [Repealed before coming into force, 2008, c. 20, s. 3]

38 [Repealed before coming into force, 2008, c. 20, s. 3]

39 [Repealed before coming into force, 2008, c. 20, s. 3]

40 [Repealed before coming into force, 2008, c. 20, s. 3]

41 [Repealed before coming into force, 2008, c. 20, s. 3]

42 [Repealed before coming into force, 2008, c. 20, s. 3]

43 [Repealed before coming into force, 2008, c. 20, s. 3]

44 [Repealed before coming into force, 2008, c. 20, s. 3]

45 [Repealed before coming into force, 2008, c. 20, s. 3]

46 [Repealed before coming into force, 2008, c. 20, s. 3]

47 [Repealed before coming into force, 2008, c. 20, s. 3]

48 [Repealed before coming into force, 2008, c. 20, s. 3]

49 [Repealed before coming into force, 2008, c. 20, s. 3]

50 [Repealed before coming into force, 2008, c. 20, s. 3]

51 [Repealed before coming into force, 2008, c. 20, s. 3]

52 [Repealed before coming into force, 2008, c. 20, s. 3]

53 [Repealed before coming into force, 2008, c. 20, s. 3]

Licences, Registration Certificates and Authorizations

Applications

Marginal note:Applications

• 54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1), (2.2) or (2.3), may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

• Marginal note:To whom made

  (2) An application for a licence, registration certificate or authorization must be made to

  • (a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or

  • (b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

• Marginal note:Pre-commencement restricted firearms and handguns

  (3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

  • (a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

  • (b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.

Marginal note:Further information

• 55 (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.

• Marginal note:Investigation

  (2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse or common-law partner, former spouse or former common-law partner, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.

Issuance

Marginal note:Licences

• 56 (1) A chief firearms officer is responsible for issuing licences.

• Marginal note:Only one licence per individual

  (2) Only one licence may be issued to any one individual.

• Marginal note:Separate licence for each location

  (3) A business other than a carrier requires a separate licence for each place where the business is carried on.

Marginal note:Authorizations to carry or transport

57 A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport.

Marginal note:Conditions

• 58 (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable 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.

• Marginal note:Exception — licence or authorization

  (1.1) However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry or an authorization to transport is subject to the regulations.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Condition attached to licence

  (3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.

• Marginal note: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.

• Marginal note: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.

Marginal note:Not transferable

62 Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

Marginal note: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]

• Marginal note:Authorizations to carry

  (3) Authorizations to carry are not valid outside the province in which they are issued.

Term

Marginal note: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.

• Marginal note: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.

• Marginal note: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 or ammunition.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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]

• Marginal note:Notice to holder

  (7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence.