Part 1
Individuals

Issuance of Licences

2. (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 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.

Possession and Acquisition Licences for Firearms

3. (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 the applicant and by a person who has known the applicant for at least three years, and with their names printed legibly on it, confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least three years;

(c) a statement, signed by two persons, other than the applicant's spouse, who have known the applicant for at least three years, and with their names printed legibly on it, confirming that they have known the applicant for at least three years and that, to the best of their knowledge and belief,

(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, current address and telephone number of every current or former spouse or common-law partner of the applicant with whom the applicant is cohabiting or has cohabited within two years before the application is made.

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

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 current or former spouse or common-law partner identified by the applicant under paragraph 3(1)(d).

(2) A chief firearms officer may issue the licence without giving notice under subsection (1) to a current or former spouse or common-law partner who has signed the application.

(3) A chief firearms officer may issue the licence without giving notice under subsection (1) to a current or former spouse or common-law partner 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 the information referred to in subsection 55(1) of the Act, or

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

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 and acquire firearms.

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

6. 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.

7. (1) An individual described in section 6 is eligible to hold a licence only if the individual first applied for it before January 1, 2001.

(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.

8. 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 the applicant and by a person who has known the applicant for at least three years, and with their names printed legibly on it, confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least three years.

Possession Licences for Firearms -- Minors

9. (1) Subject to subsection 14(2), an application for a licence to possess firearms that is made by an individual who is less than 18 years old 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 the applicant and, subject to subsection (2), by a parent or person who has custody of the applicant, and with their names printed legibly on it, confirming that the photograph accurately identifies the applicant.

(2) The parent or person referred to in paragraph (1)(b) may, instead of signing the statement, verify it in the same manner as he or she gave the consent under subsection 8(5) of the Act.

Non-residents' Sixty-Day Possession Licences (Borrowed Firearms)

10. (1) This section does not apply in respect of the importation of firearms by non-residents under section 35 of the Act.

(2) An application that is made by or on behalf of an individual who is 18 years old or older and who is a non-resident for a sixty-day licence referred to in subsection 5(3) of the Act must be accompanied by a statement, signed by a person referred to in subsection (3) and with the person's name printed legibly on it, confirming that, to the best of the person's knowledge and
belief, the applicant will be using the firearms for a purpose referred to in subsection (4).

(3) The persons who may sign a statement for the purposes of subsection (2) are members of any of the following classes of persons and authorized officers of any of the following classes of organizations:

(a) outfitters or other persons authorized under the laws of a province to provide services involving organized hunting in Canada;

(b) Canadian residents who hold licences to possess firearms and who hold licences to hunt that are issued by a province;

(c) persons or organizations sponsoring a shooting competition at which competitors might reasonably need to borrow firearms;

(d) officers of a shooting club or shooting range that is approved under section 29 of the Act;

(e) persons or organizations sponsoring a parade, a pageant or a historical re-enactment or display for which participants might reasonably need to borrow firearms;

(f) persons or organizations that have an interest in a business or scientific activity that is being carried on, or that will be carried on, in a remote area in which firearms might reasonably be needed for the control of predators; and

(g) persons or organizations responsible for the use of firearms in motion picture, television, video or theatrical productions or publishing activities for which participants might reasonably need to borrow firearms.

(4) An individual is eligible to hold a licence referred to in subsection (2) only if the individual will be using the firearms exclusively for one or more of the following purposes:

(a) hunting under the supervision of an outfitter or other person authorized under the laws of a province to provide services involving organized hunting in Canada;

(b) hunting with, or hunting with a firearm borrowed from, a person who is a member of a class described in paragraph (3)(b);

(c) competing in a shooting competition for which the firearms might reasonably be needed;

(d) target practice at a shooting club or shooting range that is approved under section 29 of the Act;

(e) participating in a parade, a pageant or a historical re-enactment or display for which the firearms might reasonably be needed;

(f) engaging in a business or scientific activity that is being carried on, or that will be carried on, in a remote area in which firearms are might reasonably be needed for the control of predators; and

(g) participating in motion picture, television, video or theatrical productions or publishing activities for which the firearms might reasonably be needed.

Acquisition Licences for Cross-bows

11. (1) Subject to subsection 14(2), an application for a licence to acquire cross-bows 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 the applicant and by a person who has known the applicant for at least three years, and with their names printed legibly on it, confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least three years;

(c) a statement, signed by two persons, other than the applicant's spouse, who have known the applicant for at least three years, and with their names printed legibly on it, confirming that they have known the applicant for at least three years and that, to the best of their knowledge and belief,

(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 cross-bow; and

(d) subject to subsection (2), the name, current address and telephone number of every current or former spouse or common-law partner of the applicant with whom the applicant is cohabiting or has cohabited within two years before the application is made.

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

12. (1) Subject to subsections (2) and (3), a chief firearms officer shall, at least 15 days before issuing a licence referred to in subsection 11(1) to an applicant, give notice of the application in accordance with section 25 to each current or former spouse or common-law partner identified by the applicant under paragraph 11(1)(d).

(2) A chief firearms officer may issue the licence without giving notice under subsection (1) to a current or former spouse or common-law partner who has signed the application.

(3) A chief firearms officer may issue the licence without giving notice under subsection (1) to a current or former spouse or common-law partner 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 the information referred to in subsection 55(1) of the Act, or

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

13. A chief firearms officer may not issue a licence referred to in subsection 11(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 acquire cross-bows.

Photographs

14. (1) For the purposes of paragraphs 3(1)(a), 8(a), 9(1)(a) and 11(1)(a), photographs may be in colour or in black and white and must

(a) show a full front-view of the applicant's head and shoulders and have a plain background;

(b) have a view of the applicant's head that is at least 30mm (1.375 inches) in length; and

(c) show the applicant's face unobscured by sunglasses or any other object.

(2) An application that is made by an individual who, for religious reasons, cannot be photographed must be accompanied by

(a) a declaration, signed by the applicant, stating that the applicant cannot, for religious reasons, be photographed; and

(b) a declaration, signed by an individual who is of the same religion as the applicant and who is authorized under the laws of a province to solemnize marriages, stating that that religion prohibits the taking of photographs of its members and that the applicant is a member of that religion.

Conditions

15. A chief firearms officer who issues a licence to an individual shall attach to it the condition that the individual shall report any changes in the individual's name or address to a chief firearms officer within 30 days after the change.

Revocation

16. (1) A chief firearms officer who issues a licence to an individual shall consider revoking it if the chief firearms officer becomes aware that the individual has been involved in an act of domestic violence or stalking.

(2) For greater certainty, if a licence is revoked, the holder of the licence may refer the matter to a provincial court judge under section 74 of the Act.

Certification by a Chief Firearms Officer

17. For the purposes of paragraph 7(4)(a) of the Act, the circumstances are that the individual has continuously owned a firearm since January 1, 1979.

18. For the purposes of paragraph 7(4)(a) of the Act, the following are the criteria relating to the safe handling and use of firearms and the laws relating to firearms:

(a) knowledge of

(i) the principles relating to the safe storage, display, handling, transportation and use of firearms that is equivalent to the knowledge of those principles that is required for the purposes of the Canadian Firearms Safety Course,

(ii) in the case of certification for the purpose of a licence authorizing an individual to possess restricted firearms, the principles relating to the safe storage, display, handling, transportation and use of restricted firearms that is equivalent to the knowledge of those principles that is required for the purposes of a restricted firearms safety course referred to in paragraph 7(4)(a) of the Act, and

(iii) the basic operation of common hunting or sporting firearms; and

(b) basic knowledge of the Acts of Parliament and of the legislature of the province in which the application is or will be made, and of the regulations made under those Acts, that relate to the use of firearms for hunting or sporting purposes and to the storage, display, handling and transportation of firearms by individuals.

Part 2
Businesses

Issuance of Licences

19. (1) A chief firearms officer of a province may issue licences referred to in this Part only to businesses that carry on business, and have a place of business, in the province.

(2) The Registrar may issue licences referred to in this Part only to carriers that are described in section 73 of the Act and that carry on business in Canada.

Eligibility of Museums

20. A museum is eligible to hold a licence only if

(a) the museum is incorporated by or under an Act of Parliament or of the legislature of a province;

(b) the museum is a non-profit organization;

(c) the museum is open to the public, or puts on demonstrations or displays for the public, on a regular basis;

(d) the museum or its curator is a member in good standing of a national or provincial museums association; and

(e) the museum is administered for purposes that include collecting, preserving, studying, interpreting, assembling and exhibiting to the public for its education and enjoyment objects and specimens of educational and cultural value, including artistic, scientific, historical and technological materials.

Persons Related to a Business

21. For the purposes of section 9 of the Act, every person who is related to a business referred to in that section in one of the following ways is in a prescribed relationship to the business:

(a) the person is an owner of or partner in the business;

(b) if the business is a corporation, the person is a director, officer or shareholder of the corporation; and

(c) the person is the spouse, child, parent, brother or sister of a person referred to in paragraph (a) or (b).

Prescribed Purposes

22. The following purposes are prescribed for the purposes of subsection 11(2) of the Act:

(a) the performance of a contract entered into by the Government of Canada, the government of a province, the government of a municipality acting on behalf of a police force or a police force, or by a person acting on behalf of such a government or a police force;

(b) export to a country under a contract entered into between the Government of Canada and the government of that country;

(c) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited weapon or prohibited device, or any component or part thereof, or the manufacture of prohibited ammunition or of ammunition for a prohibited firearm, if the business intends to export the firearm, weapon, device, component, part or ammunition under an export permit issued under the Export and Import Permits Act;

(d) the inspection, development or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for or on behalf of

(i) the holder of an export permit issued under the Export and Import Permits Act,

(ii) a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment, or

(iii) the Canadian Forces;

(e) the development or testing of ammunition for export to a country included on the Automatic Firearms Country Control List established under section 4.1 of the Export and Import Permits Act;

(f) use in respect of motion picture, television, video or theatrical production or in publishing activities;

(g) the manufacture of replica firearms for use in respect of motion picture, television, video or theatrical production or in publishing activities;

(h) display, demonstration, repair, restoration, maintenance, preservation or storage for or by a museum;

(i) display or storage by a branch of the Royal Canadian Legion or an organized group of veterans of any armed forces of Canada or of a police force;

(j) in respect of handguns within the meaning of paragraph (a) of the definition "prohibited firearm", and handgun barrels within the meaning of paragraph (b) of the definition "prohibited device", in subsection 84(1) of the Criminal Code, use by

(i) businesses whose principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value and whose employees require handguns to protect their lives in the course of that activity, or

(ii) businesses that have instructors who are certified in the safe handling and use of handguns and who require handguns for such instruction;

(k) the maintenance, repair, modification or storage of a prohibited firearm, or any component or part thereof, on behalf of a person licensed to possess prohibited firearms or on behalf of a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

(l) the manufacture, maintenance, repair or modification of a prohibited weapon or prohibited device, or any component or part thereof, for the purpose of supplying it to a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

(m) the development, modification or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of training, or supplying goods or training materials used in the training of, a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

(n) the development, modification or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of exporting goods or training materials to be used in the training of a police officer, or a member of the armed forces of a state other than Canada, who is acting in the course of his or her duties or employment;

(o) the possession of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of supplying it to a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

(p) the development or testing of body armour, armoured security vehicles or other devices or materials designed to prevent or limit penetration by ammunition, including prohibited ammunition, discharged from a firearm;

(q) the development or testing of processes, devices or materials designed to prevent, limit or counteract the effects of prohibited weapons;

(r) the development or testing of ammunition for a prohibited firearm or of components or parts of ammunition for a prohibited firearm;

(s) the possession of a prohibited firearm for sale on consignment, on behalf of a person licensed to possess prohibited firearms; and

(t) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of performing a contract with a business that is the holder of a licence issued for any of the prescribed purposes set out in any of paragraphs (a) to (s).

Additional Information

23. An application for a licence that is made by a business must be accompanied by the certificate of incorporation or other constating instrument of the business, and by any document registering with a province the name and style under which the business operates or would operate.

Conditions

24. (1) If a chief firearms officer issues a licence to a business, he or she shall attach to the licence the following conditions:

(a) that the business not depict or promote violence in an advertisement for the sale of a firearm or other weapon;

(b) if the business is a retail business, that it post the licence or a copy of it in a conspicuous place in the place of business;

(c) that the business notify the chief firearms officer if any employee of the business who holds an authorization to carry for the purpose referred to in paragraph 3(a) of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations ceases to be employed by the business;

(d) except in the case of a carrier, that the business keep records of transactions entered into by the business in relation to firearms;

(e) except in the case of a carrier, that the business prepare an inventory at least once a year, and provide a copy of it to the chief firearms officer, of all of the following goods that are present at the location of the business:

(i) firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition, and

(ii) components or parts that are designed exclusively for use in the manufacture of or assembly into an automatic firearm; and

(f) in the case of a carrier, that the carrier keep bills of lading with respect to all of its shipments of firearms.

(2) If a chief firearms officer issues a licence to a business other than a carrier, he or she shall attach to the licence the condition that the business notify the chief firearms officer if the business becomes aware that any employee of the business who, in the course of duties of employment, handles or would handle firearms, prohibited weapons, restricted weapons, prohibited devices
or prohibited ammunition, has been

(a) charged with or convicted of an offence referred to in paragraph 5(2)(a) of the Act;

(b) treated for mental illness referred to in paragraph 5(2)(b) of the Act; or

(c) involved in behaviour referred to in paragraph 5(2)(c) of the Act.

(3) If a chief firearms officer issues a licence to a business, other than a carrier, to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition for the prescribed purpose set out in paragraph 22(o), he or she shall attach to the licence a condition that sets out the maximum inventory levels for the prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition, as the case may be.

(4) If a chief firearms officer or the Registrar issues a licence to a carrier, he or she shall attach to the licence the condition that a copy of the licence accompany each bill of lading with respect to the transportation of firearms, restricted weapons, prohibited weapons, prohibited devices, ammunition or prohibited ammunition.

Part 3
Notices

Notice of Application

25. (1) Notice of an application for a licence referred to in subsection 3(1) or 11(1) is sufficiently given to a current or former spouse or common-law partner if the person is contacted in person by telephone or if it is given in writing by a notice addressed to that person at their address that is provided by the applicant under paragraph 3(1)(d) or 11(1)(d) or, if the applicant has
advised the chief firearms officer of a change of that address, at the new address, and the notice is

(a) delivered personally at any time that is reasonable in the circumstances;

(b) sent by registered or certified mail or by courier; or

(c) transmitted by an electronic means that can produce a paper record.

(2) In the case of a written notice, the notice is deemed to be received

(a) on the day of delivery, if it is delivered personally;

(b) on the fifth working day, excluding Saturdays and holidays, after

(i) the postmark date, if it is sent by mail, and

(ii) the date of shipment on the waybill, if it is sent by courier; and

(c) on the day of transmission, if it is sent by electronic means.

Notices of Refusal or Revocation

26. (1) A notice of a decision to refuse to issue a licence or to revoke a licence is sufficiently given if the notice is addressed to the applicant for or holder of the licence at their address that is set out in the application for the licence or, if the person has advised the chief firearms officer of a change of that address, at the new address, and the notice is

(a) delivered personally

(i) if the applicant or holder is an individual, at any time that is reasonable in the circumstances, and

(ii) if the applicant or holder is a business, during normal business hours;

(b) sent by registered or certified mail or by courier; or

(c) transmitted by an electronic means that can produce a paper record.

(2) The notice is deemed to be received

(a) on the day of delivery, if it is delivered personally;

(b) on the fifth working day, excluding Saturdays and holidays, after

(i) the postmark date, if it is sent by mail, and

(ii) the date of shipment on the waybill, if it is sent by courier; and

(c) if it is sent by electronic means,

(i) if the applicant or holder is an individual, on the day of transmission, and

(ii) if the applicant or holder is a business, on the day of transmission, if that day is a working day, or, if that day is not a working day, on the first working day after the day of transmission.

Coming into Force

27. These Regulations come into force on October 1, 1998.*

*On September 21, 1998, the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, announced that the implementation of the Firearms Act will occur on December 1, 1998.