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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-03-20 and last amended on 2024-01-14. Previous Versions

PART IIIFirearms and Other Weapons (continued)

Export and Import Offences (continued)

Marginal note:Unauthorized importing or exporting

  •  (1) Every person commits an offence who imports or exports

    • (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

    • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

    otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2019, c. 25, s. 29]

  • R.S., 1985, c. C-46, s. 104
  • 1991, c. 40, s. 16
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 27
  • 2019, c. 25, s. 29

Offence Relating to Altering Cartridge Magazine

Marginal note:Altering cartridge magazine

  •  (1) Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Marginal note:Losing or finding

  •  (1) Every person commits an offence who

    • (a) having lost a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

    • (b) on finding a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 105
  • 1991, c. 28, s. 10, c. 40, ss. 18, 39
  • 1994, c. 44, s. 7
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 28

Marginal note:Destroying

  •  (1) Every person commits an offence who

    • (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

    does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 106
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1991, c. 40, s. 19
  • 1995, c. 22, s. 10, c. 39, s. 139
  • 2012, c. 6, s. 6

Marginal note:False statements

  •  (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Definition of report or statement

    (3) In this section, report or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

  • R.S., 1985, c. C-46, s. 107
  • 1991, c. 40, s. 20
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 29

Marginal note:Tampering with serial number

  •  (1) Every person commits an offence who, without lawful excuse,

    • (a) alters, defaces or removes a serial number on a firearm; or

    • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

  • Marginal note:Evidence

    (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

  • R.S., 1985, c. C-46, s. 108
  • 1991, c. 40, s. 20
  • 1995, c. 39, s. 139
  • 2012, c. 6, s. 7
  • 2018, c. 29, s. 6

Prohibition Orders

Marginal note:Mandatory prohibition order

  •  (1) Where a person is convicted, or discharged under section 730, of

    • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

    • (a.1) an indictable offence in the commission of which violence was used, threatened or attempted against

      • (i) the person’s intimate partner,

      • (ii) a child or parent of the person or of anyone referred to in subparagraph (i), or

      • (iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii),

    • (b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.1(1) (possession of computer data), 102.1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment),

    • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act,

    • (c.1) an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act, or

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

  • Marginal note:Duration of prohibition order — first offence

    (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

    • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

      • (i) begins on the day on which the order is made, and

      • (ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

    • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

  • Marginal note:Duration of prohibition order — subsequent offences

    (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

  • Marginal note:Definition of release from imprisonment

    (4) In subparagraph (2)(a)(ii), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 109
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1991, c. 40, s. 21
  • 1995, c. 39, ss. 139, 190
  • 1996, c. 19, s. 65.1
  • 2003, c. 8, s. 4
  • 2015, c. 27, s. 30
  • 2018, c. 16, s. 208
  • 2019, c. 25, s. 30
  • 2023, c. 32, s. 3

Marginal note:Discretionary prohibition order

  •  (1) Where a person is convicted, or discharged under section 730, of

    • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or

    • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence.

  • Marginal note:Exception

    (2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against

    • (a) the person’s intimate partner;

    • (b) a child or parent of the person or of anyone referred to in paragraph (a); or

    • (c) any person who resides with the person or with anyone referred to in paragraph (a) or (b).

  • Marginal note:Reasons

    (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so.

  • Marginal note:Definition of release from imprisonment

    (4) In subsection (2), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 110
  • 1991, c. 40, ss. 23, 40
  • 1995, c. 39, ss. 139, 190
  • 2015, c. 27, s. 31
  • 2018, c. 16, s. 209
  • 2019, c. 25, s. 31

Marginal note:Application for emergency prohibition order

  •  (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

  • Marginal note:Hearing in private

    (2) The provincial court judge may hold the hearing of an application made under subsection (1) in private if the judge considers that it is necessary to protect the security of the applicant or of anyone known to the applicant.

  • Marginal note:Emergency prohibition order

    (3) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

  • Marginal note:Service of order

    (4) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

  • Marginal note:Warrant to search and seize

    (5) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (3) possesses, in a building, receptacle or place, any thing the possession of which is prohibited by the order and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Search and seizure without warrant

    (6) If, in respect of a person who is subject to an order made under subsection (3), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may — if the grounds for obtaining a warrant under subsection (5) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant — search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Return to provincial court judge or justice

    (7) A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

    • (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and

    • (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

  • Marginal note:Return of things and documents

    (8) Any things or documents seized under subsection (5) or (6) from a person against whom an order has been made under subsection (3) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person

    • (a) if no date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the end of the period specified in the order made against the person under subsection (3);

    • (b) if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or

    • (c) despite paragraphs (a) and (b), if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked.

  • Marginal note:Application of sections 113, 114 and 116

    (9) Sections 113, 114 and 116 apply in respect of every order made under subsection (3).

  • Marginal note:Definition of provincial court judge

    (10) In this section and sections 110.4, 111, 112, 117.0101, 117.0104, 117.011 and 117.012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.

 

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