Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Firearms Act .
Marginal note: Definitions
and includes a museum; ( entreprise )
means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition; ( transporteur )
, in respect of a provision of this Act or the expression “former Act” in a provision of this Act, means the day on which the provision comes into force; ( date de référence )
means the Commissioner of Firearms appointed under section 81.1; ( commissaire )
, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
has the meaning assigned by subsection 2(1) of the Customs Act ; ( bureau de douane )
has the meaning assigned to the word “officer” by subsection 2(1) of the Customs Act ; ( agent des douanes )
means the Minister of Public Safety and Emergency Preparedness; ( ministre fédéral )
means Part III of the Criminal Code , as it read from time to time before the commencement day; ( loi antérieure )
means a person who operates a museum
means an individual who ordinarily resides outside Canada; ( non-résident )
means regulations made by the Governor in Council under section 117. ( règlements )
Marginal note: Binding on Her Majesty
Marginal note: Purpose
4 The purpose of this Act is
firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code ; and
Marginal note: Personal safety
Marginal note: Court orders
Marginal note: Successful completion of safety course
Marginal note: Minors
Marginal note: Businesses
10 [Repealed, 2003, c. 8, s. 13]
Marginal note: Prohibited firearms, weapons, devices and ammunition — businesses
Marginal note: Prohibited firearms — individuals
was continuously the holder of a registration certificate for one or more of those firearms.
Marginal note: Registration certificate
12.1 A registration certificate may only be issued for a prohibited firearm or a restricted firearm.
Marginal note: Handguns
12.2 A registration certificate for a handgun must not be issued to an individual.
Marginal note: Registration certificate
13 A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.
Marginal note: Serial number
14 A registration certificate may be issued only for a firearm
Marginal note: Exempted firearms
15 A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.
Marginal note: Only one person per registration certificate
Marginal note: Places where prohibited and restricted firearms may be possessed
17 Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.
18 [Repealed, 2003, c. 8, s. 15]
Marginal note: Transporting and using prohibited firearms or restricted firearms
Marginal note: Exception — handguns
19.1 Despite subsection 19(1), an individual must not be authorized to transport a handgun from a port of entry unless the individual holds a registration certificate in respect of the handgun.
Marginal note: Carrying restricted firearms and pre-February 14, 1995 handguns
20 An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun
Marginal note: Definition of
21 For the purposes of sections 22 to 32, means sell, barter or give.
Marginal note: Mental disorder, etc.
22 A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual
Marginal note: Authorization to transfer non-restricted firearms
23.1 [Repealed, 2019, c. 9, s. 5]
Marginal note: Authorization to transfer prohibited or restricted firearms
Marginal note: Authorization to transfer prohibited weapons, devices and ammunition
Marginal note: Authorization to transfer ammunition to individuals
Marginal note: Authorization to transfer prohibited or restricted firearms to Crown, etc.
Marginal note: Chief firearms officer
27 On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23.2, a chief firearms officer shall
Marginal note: Permitted purposes
28 A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied
Marginal note: Shooting clubs and shooting ranges
Marginal note: Gun collectors
30 The criteria referred to in paragraph 28(c) are that the individual
Marginal note: Registrar
Marginal note: Mail-order transfers of firearms
32 A person may transfer a firearm by mail only if the prescribed conditions are complied with and the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30 and 31 take place within a reasonable period before the transfer in the prescribed manner.
Marginal note: Authorization to lend
33 Subject to section 34, a person may lend a firearm only if
Marginal note: Authorization to lend firearms, etc., to the Crown, etc.
34 A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if
Marginal note: Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms
the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.
Marginal note: Temporary licence and registration certificate
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]
Marginal note: Applications
Marginal note: Further information
Marginal note: Licences
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
Marginal note: Conditions — licence issued to business
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
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
Marginal note: Term of licences
Marginal note: Term of authorizations
Marginal note: Term of registration certificates
66 A registration certificate for a prohibited firearm or a restricted firearm expires when
Marginal note: Renewal
Marginal note: Licences and authorizations
68 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 or authorization to transport for any good and sufficient reason.
Marginal note: 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.
Marginal note: Revocation of licence or authorization
Marginal note: Revocation of registration certificate
Marginal note: Notice of refusal to issue or revocation
73 [Repealed, 2003, c. 8, s. 46]
Marginal note: Reference to judge of refusal to issue or revocation, etc.
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.
Marginal note: Hearing of reference
Marginal note: Decision by provincial court judge
76 On the hearing of a reference, the provincial court judge may, by order,
Marginal note: Nunavut
76.1 With respect to Nunavut, the following definitions apply for the purposes of sections 77 to 81.
means a judge of the Nunavut Court of Justice. ( juge )
means a judge of the Court of Appeal of Nunavut. ( cour supérieure )
Marginal note: Appeal to superior court
Marginal note: Notice of appeal
Marginal note: Disposition of appeal
Marginal note: Appeal to court of appeal
80 An appeal to the court of appeal may, with leave of that court or of a judge of that court, be taken against a decision of a superior court under section 79 on any ground that involves a question of law alone.
Marginal note: Application of Part XXVII of the Criminal Code
81 Part XXVII of the Criminal Code , except sections 785 to 812, 816 to 819 and 829 to 838, applies in respect of an appeal under this Act, with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.
Marginal note: Appointment
81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix.
Marginal note: Duties, functions and powers
81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister.
Marginal note: Delegation — federal Minister
81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3).
Marginal note: Incapacity or vacancy
81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council.
Marginal note: Superannuation and compensation
81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act .
Marginal note: Registrar of Firearms
82 An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act .
Marginal note: Incapacity or vacancy
82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar.
Marginal note: Canadian Firearms Registry
Marginal note: Destruction of records
84 The Registrar may destroy records kept in the Canadian Firearms Registry at such times and in such circumstances as may be prescribed.
Marginal note: Other records of Registrar
Marginal note: Records to be transferred
86 The records kept in the registry maintained pursuant to section 114 of the former Act that relate to registration certificates shall be transferred to the Registrar.
Marginal note: Records of chief firearms officers
Marginal note: Reporting of loss, finding, theft and destruction
88 A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a restricted firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.
Marginal note: Authorization to disclose
Marginal note: Reporting of prohibition orders
89 Every court, judge or justice that makes, varies or revokes a prohibition order shall have a chief firearms officer informed without delay of the prohibition order or its variation or revocation.
Marginal note: Right of access
90 The Registrar has a right of access to records kept by a chief firearms officer under section 87 and a chief firearms officer has a right of access to records kept by the Registrar under section 83 or 85 and to records kept by other chief firearms officers under section 87.
90.1 [Repealed, 2019, c. 9, s. 11]
Marginal note: Electronic filing
Marginal note: Records of Registrar
Marginal note: Report to federal Minister
Marginal note: Information to be submitted to Commissioner
94 A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93.
Marginal note: Agreements with provinces
95 The federal Minister may, with the approval of the Governor in Council, enter into agreements with the governments of the provinces
Marginal note: Other obligations not affected
96 The issuance of a licence, registration certificate or authorization under this Act does not affect the obligation of any person to comply with any other Act of Parliament or any regulation made under an Act of Parliament respecting firearms or other weapons.
Marginal note: Exemptions — Governor in Council
Marginal note: Exception — handguns
97.1 Sections 12.2 and 19.1 do not apply in respect of an individual who
Marginal note: Authorized chief firearms officer may perform functions of provincial minister
98 A chief firearms officer of a province who is authorized in writing by a provincial minister may perform the function of the provincial minister of designating firearms officers for the province.
Marginal note: Designated officers may perform functions of chief firearms officers
99 A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation.
Marginal note: Designated officers may perform functions of Registrar
100 A person who is designated in writing by the Registrar for the purpose of this section may perform such duties and functions of the Registrar under this Act or Part III of the Criminal Code as are specified in the designation.
Marginal note: Definition of “inspector”
101 In sections 102 to 105, means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.
Marginal note: Inspection
Marginal note: Duty to assist inspectors
103 The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall
Marginal note: Inspection of dwelling-house
may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.
Marginal note: Demand to produce firearm
105 An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.
Marginal note: False statements to procure licences, etc.
Marginal note: Tampering with licences, etc.
107 Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies
Marginal note: Unauthorized possession of ammunition
108 Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.
Marginal note: Punishment
109 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (k.2), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)
Marginal note: Contravention of conditions of licences, etc.
110 Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.
Marginal note: Punishment
111 Every person who commits an offence under section 110 or who does not comply with section 103
Marginal note: Advertising
Marginal note: Non-compliance with demand to produce firearm
113 Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105.
Marginal note: Failure to deliver up revoked licence, etc.
114 Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.
Marginal note: Punishment
115 Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction.
Marginal note: Attorney General of Canada may act
116 Any proceedings in respect of an offence under this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
Marginal note: Regulations
117 The Governor in Council may make regulations
of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;
Marginal note: Laying of proposed regulations
Marginal note: Exception
Marginal note: Firearms acquisition certificates
Marginal note: Minors’ permits
Marginal note: Museum approvals
Marginal note: Permits to carry on business
Marginal note: Geographical extent
124 A permit or an approval of a museum that is deemed to be a licence under section 122 or 123 is valid only for the location of the business or museum for which it was issued.
Marginal note: Industrial purpose designations
Marginal note: Pending applications
126 Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 120 to 125 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that
Marginal note: Licence of business — deemed conditions
126.1 Every licence of a business that is valid on the commencement day is deemed to include the conditions set out in paragraphs 58.1(1)(a) to (c).
Marginal note: Registration certificates
Marginal note: Pending applications
128 Every application for a registration certificate that was pending on the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that only a person who has authority under this Act to issue a registration certificate may finally dispose of the application.
Marginal note: Permit to carry
Marginal note: Temporary permit to carry
130 A permit authorizing a person who does not reside in Canada to possess and carry a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it
Marginal note: Permit to transport or convey
131 A permit authorizing a person to transport or to convey to a local registrar of firearms a particular prohibited firearm or restricted firearm is deemed to be an authorization to transport if it
Marginal note: Expiration
132 A permit that is deemed to be an authorization to transport under section 130 or 131 expires on the expiration of the period for which the permit was expressed to be issued.
Marginal note: Pending applications
133 Every application that was pending on the commencement day for a document that would be a document referred to in any of sections 129 to 131 had it been issued before the commencement day shall be dealt with and disposed of under and in accordance with the former Act, except that
Marginal note: Shooting club approvals
Marginal note: Temporary storage permit
135 Every permit authorizing a person to temporarily store a particular prohibited firearm or restricted firearm
continues in force until the expiration of the period for which it was expressed to be issued, unless the permit is revoked by a chief firearms officer for any good and sufficient reason.
Marginal note: Revocation of authorization to transport
135.1 All of the following authorizations to transport a prohibited firearm or a restricted firearm are revoked:
136 and 137 [Amendments]
138 and 139 [Amendments]
140 to 157 [Amendments]
158 to 168 [Amendments]
169 [Repealed, 2003, c. 8, s. 55]
170 to 187 [Amendments]
188 to 192 [Amendments]
Marginal note: Coming into force
Return to footnote * [Note: Section 85, as enacted by section 139, and sections 141 to 150 in force January 1, 1996, see SI/96-2; sections 118 and 119 in force April 30, 1996, see SI/96-39; section 95 in force December 18, 1997, see SI/98-2; sections 1, 2 and 117 in force February 25, 1998, see SI/98-35; sections 3 and 4, subsections 5(1) and (2), section 6, subsections 7(1) to (3), paragraphs 7(4)(a) to (d), subsection 7(5), sections 8 to 23, subsection 24(1), paragraphs 24(2)(a) and (b), sections 25 to 28, subsections 29(2) to (7), sections 30 and 31, paragraphs 32(a) and (c), sections 33 and 34, subsection 35(1) before paragraph (a), paragraph 35(1)(a) of the English version before subparagraph (i), subparagraphs 35(1)(a)(i) and (iii) of the English version, paragraphs 35(1)(a) and (c) of the French version, sections 54 to 94, 96, 98 to 116, 120 to 135 and 138, sections 84, 86 to 96 and 98 to 117.15, as enacted by section 139, and sections 140, 151 to 168, 170 to 173 and 175 to 193 in force December 1, 1998, see SI/98-93, 95; section 97 in force December 3, 1998, see SI/98-129; subsection 5(3), paragraph 7(4)(e), those portions of subsection 35(1) that are not yet in force, subsections 35(2) to (4) and section 36 in force January 1, 2001, see SI/2001-4; subsection 29(1) in force January 1, 2003, see SI/2002-161; paragraph 24(2)(c), as enacted by 2003, c.8, s.18, in force April 10, 2005, see SI/2005-27; section 97, as enacted by section 139, repealed before coming into force, see 2008, c. 20, s. 3; paragraph 24(2)(d) repealed before coming into force, see 2008, c. 20, s. 3; sections 37 to 53 repealed before coming into force, see 2008, c. 20, s. 3.]
of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into firearms;