Firearms Licences Regulations (SOR/98-199)

Regulations are current to 2019-07-01 and last amended on 2015-05-08. Previous Versions

Firearms Licences Regulations

SOR/98-199

FIREARMS ACT

Registration 1998-03-24

Firearms Licences Regulations

P.C. 1998-474 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had a copy of the proposed Firearms Licences Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996, which date is at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraph 7(4)(a), subsections 9(1), (2) and (5) and 11(2) and section 117 of the Firearms Acta, hereby makes the annexed Firearms Licences Regulations.

Interpretation

[SOR/2004-274, s. 1(F)]

 The following definitions apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

prohibited handgun

prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

transfer

transfer means sell, barter or give. (cession)

  • SOR/2004-274, s. 2

PART 1Individuals

Application Facilitators

 [Repealed, SOR/2004-274, s. 2]

Issuance of Licences

  •  (1) Subject to subsections (2) and (3), the chief firearms officer of a province may issue licences referred to in this Part only to residents of the province.

  • (2) The chief firearms officer of a province may issue a licence referred to in subsection 10(2) only to an individual who will be coming to the province for a purpose referred to in subsection 10(4).

  • (3) The chief firearms officer of a province may issue a licence referred to in section 3 or 9 to an individual who is a non-resident if the individual engages in or proposes to engage in lawful activities in Canada that involve the use of firearms.

  • SOR/2004-274, s. 3

Possession and Acquisition Licences for Firearms

  •  (1) Subject to subsection 14(2), an application for a licence to possess and acquire firearms that is made by an individual must be accompanied by

    • (a) a photograph of the applicant that is sufficient to identify the applicant accurately and that meets the requirements of subsection 14(1);

    • (b) a statement signed by a person who has known the applicant for at least one year and is at least 18 years old confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least one year;

    • (c) a statement signed by two persons, other than a person referred to in paragraph (d), who have known the applicant for at least three years and are at least 18 years old, with their names printed legibly on it, confirming that they have known the applicant for at least three years and that, to their knowledge,

      • (i) the information in the application is true, and

      • (ii) there is no reason why it would be desirable, in the interests of the safety of the applicant or any other person, that the applicant not possess a firearm; and

    • (d) subject to subsection (2), the name, date of birth, current address and telephone number of every spouse, common-law partner and other person with whom the applicant is in a conjugal relationship at the time of making the application or with whom the applicant has been in a conjugal relationship within the two years before the application is made.

  • (2) If an applicant does not know the current address or telephone number of a person referred to in paragraph (1)(d), the application must be accompanied by a statement to that effect.

  • SOR/2000-225, s. 2
  • SOR/2004-274, s. 4
  •  (1) Subject to subsections (2) and (3), a chief firearms officer shall, at least 15 days before issuing a licence referred to in subsection 3(1) to an applicant, give notice of the application in accordance with section 25 to each person referred to in paragraph 3(1)(d) who has been identified by the applicant.

  • (2) A chief firearms officer may issue the licence without giving notice under subsection (1) to a person referred to in paragraph 3(1)(d) who has signed the application.

  • (3) A chief firearms officer may issue the licence without giving notice under subsection (1) to a person with whom the applicant is not cohabiting if

    • (a) the chief firearms officer determines that the information submitted by the applicant is not sufficient to give notice to the person; and

    • (b) the chief firearms officer

      • (i) requires the applicant to submit additional information under subsection 55(1) of the Act, or

      • (ii) conducts an investigation referred to in subsection 55(2) of the Act.

  • SOR/2004-274, s. 5

 A chief firearms officer may not issue a licence referred to in subsection 3(1) to an applicant until at least 28 days have elapsed since the application was made, unless the applicant holds, at the time of applying for the licence,

  • (a) a firearms acquisition certificate that is deemed under section 120 of the Act to be a licence; or

  • (b) a licence to possess firearms, including a possession licence whose holder is less than 18 years old.

  • SOR/2004-274, s. 6

Possession Licences for Firearms (Paragraph 7(4)(c) of the Act)

 Sections 7 and 8 apply to an individual who is referred to in paragraph 7(4)(c) of the Act, is 18 years old or older and is not a non-resident.

  •  (1) An individual described in section 6 is eligible to hold a licence to possess firearms if

    • (a) the individual first applied for it before January 1, 2001; or

    • (b) the individual held a licence to possess firearms that was first applied for before January 1, 2001, which has expired, and subsequently applies for a licence to possess firearms before May 17, 2017.

  • (2) An individual is eligible to hold a licence to possess firearms that are neither prohibited firearms nor restricted firearms only if, beginning on the day on which paragraph 7(4)(c) of the Act came into force, the individual has lawfully and continuously possessed a firearm that is neither a prohibited firearm nor a restricted firearm.

  • (3) An individual is eligible to hold a licence to possess restricted firearms only if, beginning on the day on which paragraph 7(4)(c) of the Act came into force, the individual has lawfully and continuously possessed a restricted firearm.

  • (4) For the purposes of subsections (2) and (3), an individual remains eligible to hold a possession licence despite the expiry, before May 17, 2017, of a possession licence held by the individual.

  • SOR/2008-146, s. 1
  • SOR/2009-138, s. 1
  • SOR/2010-103, s. 1
  • SOR/2011-103, s. 1
  • SOR/2013-95, s. 1
  • SOR/2014-122, s. 1
  • SOR/2015-104, s. 1

 Subject to subsection 14(2), an application for a licence must be accompanied by

  • (a) a photograph of the applicant that is sufficient to identify the applicant accurately and that meets the requirements of subsection 14(1); and

  • (b) a statement signed by a person who has known the applicant for at least one year and is at least 18 years old confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least one year.

  • SOR/2000-225, s. 3
  • SOR/2004-274, s. 7

Renewal of Possession and Acquisition Licences for Firearms and Possession Licences for Firearms (Paragraph 7(4)(c) of the Act)

 An individual referred to in paragraph 7(4)(c) of the Act who holds a licence to possess firearms and is not a non-resident is eligible to have the licence renewed.

  • SOR/2004-274, s. 8

 Sections 8.3 to 8.5 apply in respect of the renewal of a licence to possess and acquire firearms issued to an individual and a licence to possess firearms issued to an individual referred to in paragraph 7(4)(c) of the Act.

  • SOR/2004-274, s. 8
  •  (1) Subject to subsection 14(2), an application for a renewal of a licence must include

    • (a) a photograph of the applicant that is sufficient to identify the applicant accurately and that meets the requirements of subsection 14(1);

    • (b) the name, date of birth, address and telephone number of every spouse, common-law partner or other person with whom the applicant is in a conjugal relationship at the time of making the application; and

    • (c) subject to subsection (2), the name, current address and telephone number of every spouse, common-law partner and other person with whom the applicant has been in a conjugal relationship within the two years before the application is made and who is not referred to in paragraph (b).

  • (2) If an applicant does not know the current address or telephone number of a person referred to in paragraph (1)(c), the application must be accompanied by a statement to that effect.

  • SOR/2004-274, s. 8

 A chief firearms officer shall, when renewing a licence, give notice of the renewal in accordance with section 25 to each person referred to in paragraph 8.3(1)(b) and (c) who has been identified by the applicant but who has not signed the application.

  • SOR/2004-274, s. 8
 
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