Firearms Act (S.C. 1995, c. 39)

Marginal note:Minors’ permits

• 121 (1) A permit is deemed to be a licence if it

  • (a) was issued under subsection 110(6) or (7) of the former Act to a person who was under the age of eighteen years;

  • (b) had not been revoked before the commencement day; and

  • (c) remained in force pursuant to subsection 110(8) of the former Act on the commencement day.

• Marginal note:Authorizations

  (2) A permit that is deemed to be a licence authorizes the holder to possess non-restricted firearms.

• Marginal note:Geographical extent

  (3) A permit that is deemed to be a licence is valid only in the province in which it was issued, unless the permit was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

• Marginal note:Expiration

  (4) A permit that is deemed to be a licence expires on the earliest of

  • (a) the expiration of the period for which it was expressed to be issued,

  • (b) the day on which the person to whom it was issued attains the age of eighteen years, and

  • (c) five years after the birthday of the person next following the day on which it was issued, if that fifth anniversary occurs on or after the commencement day.

Marginal note:Museum approvals

• 122 (1) An approval of a museum, other than a museum established by the Chief of the Defence Staff, is deemed to be a licence if the approval

  • (a) was granted under subsection 105(1) of the former Act; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Expiration

  (2) An approval of a museum that is deemed to be a licence expires on the earlier of

  • (a) the expiration of the period for which the approval was expressed to be granted, and

  • (b) three years after the commencement day.

Marginal note:Permits to carry on business

• 123 (1) A permit to carry on a business described in paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(i) of the former Act is deemed to be a licence if it

  • (a) was

    • (i) issued under subsection 110(5) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

  • (b) had not been revoked before the commencement day;

  • (c) had not ceased to be in force or have any effect on October 30, 1992 under section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, chapter 40 of the Statutes of Canada, 1991; and

  • (d) remained in force pursuant to subsection 110(5) of the former Act on the commencement day.

• Marginal note:Expiration

  (2) A permit that is deemed to be a licence expires on the earlier of

  • (a) the expiration of the period for which the permit was expressed to be issued, and

  • (b) one year after the commencement day.

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

• 125 (1) A designation of a person is deemed to be a licence if it

  • (a) was made under subsection 90(3.1) or paragraph 95(3)(b) of the former Act; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Geographical extent

  (2) A designation of a person that is deemed to be a licence is valid only in the province in which it was made.

• Marginal note:Expiration

  (3) A designation of a person that is deemed to be a licence expires on the earliest of

  • (a) the expiration of the period for which it was expressed to be made,

  • (b) one year after the commencement day, and

  • (c) in the case of a designation of a person who holds a permit that is deemed to be a licence under section 123, the expiration of the permit.

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

• (a) a licence shall be issued instead of issuing a firearms acquisition certificate or a permit or making an approval or designation; and

• (b) only a person who has authority under this Act to issue a licence may finally dispose of the application.

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).

Registration Certificates

Marginal note:Registration certificates

• 127 (1) A registration certificate is deemed to be a registration certificate issued under section 60 if it

  • (a) was

    • (i) issued under subsection 109(7) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(2) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Expiration

  (2) A registration certificate that is deemed to be a registration certificate issued under section 60 expires on the earlier of

  • (a) its expiration under section 66, and

  • (b) December 31, 2002, or such other date as is prescribed.

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.

Authorized Transportation of Firearms

Marginal note:Permit to carry

• 129 (1) A permit authorizing a person to possess a particular prohibited firearm or restricted firearm is deemed to be an authorization to carry or authorization to transport if it

  • (a) was

    • (i) issued under subsection 110(1) of the former Act, or

    • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

  • (b) had not been revoked before the commencement day; and

  • (c) remained in force pursuant to subsection 110(1) of the former Act on the commencement day.

• Marginal note:Geographical extent

  (2) A permit that is deemed to be an authorization to carry or authorization to transport is valid only in the province in which the permit was issued, unless it was endorsed pursuant to subsection 110(10) of the former Act as being valid within the provinces indicated in the permit, in which case it remains valid within those provinces.

• Marginal note:Expiration

  (3) A permit that is deemed to be an authorization to carry or authorization to transport expires on the earlier of

  • (a) the expiration of the period for which it was expressed to be issued, and

  • (b) two years after the commencement day.

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

• (a) was issued under subsection 110(2.1) of the former Act;

• (b) had not been revoked before the commencement day; and

• (c) remained in force pursuant to that subsection on the commencement day.

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

• (a) was

  • (i) issued under subsection 110(3) or (4) of the former Act, or

  • (ii) continued under subsection 6(2) of the Criminal Law Amendment Act, 1968-69, chapter 38 of the Statutes of Canada, 1968-69, or subsection 48(1) of the Criminal Law Amendment Act, 1977, chapter 53 of the Statutes of Canada, 1976-77;

• (b) had not been revoked before the commencement day; and

• (c) remained in force pursuant to subsection 110(3) or (4) of the former Act on the commencement day.

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

• (a) an authorization to carry or authorization to transport shall be issued or a condition shall be attached to a licence instead of issuing a permit; and

• (b) only a person who has authority under this Act to issue an authorization to carry or authorization to transport may finally dispose of the application.

Marginal note:Shooting club approvals

• 134 (1) An approval of a shooting club is deemed to be an approval granted under this Act if the approval

  • (a) was granted under subparagraph 109(3)(c)(iii) or paragraph 110(2)(c) of the former Act; and

  • (b) had not been revoked before the commencement day.

• Marginal note:Expiration

  (2) An approval of a shooting club that is deemed to be an approval granted under this Act expires on the earlier of

  • (a) the expiration of the period for which it was expressed to be granted, and

  • (b) one year after the commencement day.

Marginal note:Temporary storage permit

135 Every permit authorizing a person to temporarily store a particular prohibited firearm or restricted firearm

• (a) that was issued under subsection 110(3.1) of the former Act,

• (b) that had not been revoked before the commencement day, and

• (c) that remained in force pursuant to subsection 110(3.3) of the former Act on the commencement day

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:

• (a) authorizations issued under any of paragraphs 19(2.1)(b) to (e), as those paragraphs read immediately before the commencement day; and

• (b) authorizations issued under paragraph 19(2.2)(b), as that paragraph read immediately before the commencement day, in respect of transportation to and from the places referred to in any of the paragraphs that are set out in paragraph (a).

Conditional Amendments to this Act

136 and 137 [Amendments]

Amendments to the Criminal Code

138 and 139 [Amendments]

Related and Consequential Amendments to the Criminal Code

140 to 157 [Amendments]

Related and Consequential Amendments to Other Acts

158 to 168 [Amendments]

169 [Repealed, 2003, c. 8, s. 55]

170 to 187 [Amendments]

Conditional Amendments

188 to 192 [Amendments]

Coming into Force

Marginal note:Coming into force

• Footnote ^*193 (1) Subject to subsection (2), this Act or any of its provisions or any provision of any other Act enacted or amended by this Act, other than sections 136, 137 and 174, shall come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Coming into force if no order made

  (2) If no order bringing this Act or any of its provisions or any provision of any other Act enacted or amended by this Act is made before January 1, 2003, this Act, other than sections 136, 137 and 174, comes into force on that date.

  • 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.]