Bill C-21: An Act to amend certain Acts and to make certain consequential amendments (firearms)

R.S., c. C-46 Criminal Code Amendments to the Act 0.1 (1) Section 2.1 of the Criminal Code is replaced by the following: Further definitions — firearms 2.1 In this Act, ammunition , antique firearm , automatic firearm , cartridge magazine , cross-bow , firearm part , handgun , imitation firearm , prohibited ammunition , prohibited device , prohibited firearm , prohibited weapon , replica firearm , restricted firearm and restricted weapon , as well as authorization , licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1). (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 0.2 (1) Subsection 83.3(10) of the Act is replaced by the following: Conditions — firearms (10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 1 (1) The definition prohibited firearm  in subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) any unlawfully manufactured firearm regardless of the means or method of manufacture; ( arme à feu prohibée ) (2) The definition prohibited firearm  in subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) a firearm that is not a handgun and that (i) discharges centre-fire ammunition in a semi-automatic manner, (ii) was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more, and (iii) is designed and manufactured on or after the day on which this paragraph comes into force; ( arme à feu prohibée ) (3) The definition prohibition order in subsection 84(1) of the Act is replaced by the following: prohibition order  means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; ( ordonnance d’interdiction ) (4) The definition replica firearm in subsection 84(1) of the Act is replaced by the following: replica firearm  means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second and at a muzzle energy exceeding 5.7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; ( réplique ) (5) Subsection 84(1) of the Act is amended by adding the following in alphabetical order: firearm part  means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, unless otherwise prescribed, a barrel for a firearm or a slide for a handgun if that barrel or slide is designed exclusively for use on a firearm that is deemed under subsection 84(3) not to be a firearm; ( pièce d’arme à feu ) (6) Subsection 84(1) of the Act is amended by adding the following in alphabetical order: semi-automatic , in respect of a firearm, means that the firearm that is equipped with a mechanism that, following the discharge of a cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge; ( semi-automatique ) (7) Subsection (1) comes into force on the 30th day after the day on which this Act receives royal assent. (8) Subsections (3) and (5) come into force on a day or days to be fixed by order of the Governor in Council. 1.1 (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:   a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament. (2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following: Punishment — firearm (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council. 1.2 (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following: Possession for purpose of weapons trafficking 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition for the purpose of (2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following: Punishment — firearm (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council. 1.3 (1) Subsection 101(1) of the Act is replaced by the following: Transfer without authority 101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 1.4 (1) The Act is amended by adding the following after section 102: Computer Data Offence Possession of computer data 102.1 (1) Every person commits an offence who possesses or accesses computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Distribution of computer data (2) Every person commits an offence who distributes, publishes or makes available computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing that the computer data are intended to be used for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. Punishment (3) Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or (b) is guilty of an offence punishable on summary conviction. Definitions of computer data and computer system (4) In this section, computer data and computer system have the same meaning as in subsection 342.1(2). (2) Subsection (1) comes into force on the 30th day after the day on which this Act receives royal assent. 1.5 (1) Paragraphs 103(1)(a) and (b) of the Act are replaced by the following: (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm, (2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following: Punishment — firearm (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council. 1.6 (1) Paragraphs 104(1)(a) and (b) of the Act are replaced by the following: (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm, (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 2 The Act is amended by adding the following after section 104: Offence Relating to Altering Cartridge Magazine Altering cartridge magazine 104.1 (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. 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 (1) Paragraph 109(1)(b) of the Act is replaced by (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), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment), (2) Paragraph 109(1)(b) of the Act is replaced by the following: (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), 3.1 (1) The portion of subsection 109(1) of the Act after paragraph (c.1) is replaced by the following:   (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, a firearm part, 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, firearm part, 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. (2) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, firearm part, ammunition and explosive substance during the period that (3) Subsection 109(3) of the English version of the Act is replaced by the following: 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, firearm part, ammunition and explosive substance for life. (4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.           3.2 (1) The portion of subsection 110(1) of the Act after paragraph (a) is replaced by the following:   (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, a firearm part, 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, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.         4 (1) The Act is amended by adding the following after section 110: Application for emergency prohibition order 110.1 (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. 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. 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. 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. 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. 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. 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. 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. Application of sections 113, 114 and 116 (9) Sections 113, 114 and 116 apply in respect of every order made under subsection (3). 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. Order denying access to information 110.2 (1) If an order is made under subsection 110.1(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following: (a) any information relating to the order made under that subsection; (b) any information relating to a warrant issued under subsection 110.1(5); (c) any information relating to a search and seizure conducted without a warrant under subsection 110.1(6); and (d) any information relating to the order made under this subsection. Expiry of order (2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 110.1(3) expires or is revoked. Exception (3) Despite subsection (2), if, before the order made under subsection 110.1(3) expires or is revoked, a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), an order made under subsection (1) ceases to have effect on (a) the date fixed under subsection 110.4(1); or (b) if the order made under subsection 110.1(3) is revoked before that date, the day on which it is revoked. Procedure (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the return made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5). Revocation or variance of order (5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. Order to delete identifying information 110.3 (1) If an order is made under subsection 110.1(3) or 110.2(1), a provincial court judge may, on application by the person who applied for the order referred to in subsection 110.1(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that (a) copies be made of any documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself; (b) any information that could identify the person who applied for the order referred to in subsection 110.1(3) or anyone known to the person be deleted from those copies; and (c) the documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b). Duration of order (2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 110.1(3) or of anyone known to the person. Procedure (3) If an order is made under subsection (1), the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Revocation or variance of order (4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. Clarification (5) For greater certainty, if a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), any order made under this section that is still in force applies in respect of that hearing. Order under subsection 111(5) 110.4 (1) If a provincial court judge makes an order under subsection 110.1(3), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 111(1) and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 111(5) is sought. Clarification — application for order (2) For the purpose of this section, (a) the application for the order referred to in subsection 110.1(3) is deemed, except for the purpose of subsection 111(2), to be an application made under subsection 111(1); and (b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 110.1(3), the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 111(1). Date for hearing (3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 110.1(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 111(5) is sought, adjourn the hearing. Requirement — notice (4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 111(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of that date to be served on that Attorney General. Cancellation of hearing (5) If a provincial court judge revokes an order made under subsection 110.1(3) against a person before the application for an order sought under subsection 111(5) against the person is heard, the judge shall cancel the hearing. (2) Subsection 110.1(1) of the Act is replaced by the following: Application for emergency prohibition order 110.1 (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, firearm part, 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. (3) Subsection 110.1(3) of the Act is replaced by the following: 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, firearm part, 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. (4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council. 5 (1) Subsection 111(1) of the Act is replaced by the following: Application for prohibition order 111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the peace officer, firearms officer or chief firearms officer 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. (2) Subsection 111(5) of the Act is replaced by the following: Prohibition order (5) 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, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for the period, not exceeding five years, that is specified in the order, beginning on the day on which the order is made. (3) Subsection 111(11) of the Act is repealed. 6 Section 112 of the Act is replaced by the following: Revocation of prohibition order under subsection 110.1(3) or 111(5) 112 A provincial court judge may, on application by the person against whom an order is made under subsection 110.1(3) or 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist. 7 Subsection 113(4) of the Act is replaced by the following: When order can be made (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 110.1(3), 111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3). 8 Subsection 115(1.1) of the Act is replaced by the following: Exception (1.1) Subsection (1) does not apply in respect of an order made under subsection 110.1(3) or section 515. 9 Subsection 116(2) of the Act is replaced by the following: Duration of revocation or amendment (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under subsection 110.1(3) or section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force. 9.1 Subsection 117.01(1) of the Act is replaced by the following: Possession contrary to order 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament. 10 (1) The Act is amended by adding the following before section 117.011: Application for emergency limitations on access order 117.0101 (1) Any person may make an ex parte application to a provincial court judge for an order under this section if the person believes on reasonable grounds that (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought. 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. Emergency limitations on access 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 in respect of the person against whom the order is sought, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made, imposing any terms and conditions on the person’s use and possession of any thing referred to in subsection (1) that the judge considers appropriate. 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. Terms and conditions (5) In determining terms and conditions under subsection (3), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order. Warrant to search and seize (6) 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 use and possession of which is subject to terms and conditions under 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 that is in the possession of the person. Search and seizure without warrant (7) 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 use and possession of which is subject to terms and conditions under the order, the peace officer may — if the grounds for obtaining a warrant under subsection (6) 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 that is in the possession of the person. Return to provincial court judge or justice (8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) 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, 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, if any, seized. Requirement to surrender (9) A provincial court judge who makes an order against a person under subsection (3) may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer any thing the use or possession of which is subject to terms and conditions under the order that is in the possession of the person on the day on which the order is made, if the judge is satisfied by information on oath that it is not desirable in the interests of the safety of any person for the person to possess the thing, and if the judge does so, they shall specify in the order a reasonable period for surrendering the thing. Condition (10) A provincial court judge may issue a warrant under subsection (6) or include in an order made under subsection (3) a requirement set out in subsection (9) only if they are satisfied that there is no other way to ensure that the terms and conditions of that order can reasonably be complied with. Return of things before expiry or revocation of order (11) A peace officer who has seized any thing under subsection (6) or (7), and a peace officer, a firearms officer or a chief firearms officer to whom any thing has been surrendered in accordance with subsection (9), may, before the expiry or revocation of the order made under subsection (3), on being issued a receipt for it, return the thing to the person from whom it was seized or who surrendered it, if the peace officer, firearms officer or chief firearms officer, as the case may be, has reasonable grounds to believe that the person will comply with the terms and conditions of the order as to the use and possession of the thing. Return of things after expiry or revocation of order (12) Any things seized under subsection (6) or (7) from a person against whom an order has been made under subsection (3) and any things surrendered by the person in accordance with subsection (9) shall, unless already returned under subsection (11), be returned to the person (a) if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked; or (b) in any other case, as soon as feasible after the end of the period specified in the order made against the person under subsection (3). Order denying access to information 117.0102 (1) If an order is made under subsection 117.0101(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following: (a) any information relating to the order made under that subsection; (b) any information relating to a warrant issued under subsection 117.0101(6); (c) any information relating to a search and seizure conducted without a warrant under subsection 117.0101(7); and (d) any information relating to the order made under this subsection. Expiry of order (2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 117.0101(3) expires or is revoked. Exception (3) Despite subsection (2), if, before the order made under subsection 117.0101(3) expires or is revoked, a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), an order made under subsection (1) ceases to have effect on (a) the date fixed under subsection 117.0104(1); or (b) if the order made under subsection 117.0101(3) is revoked before that date, the day on which it is revoked. Procedure (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the return made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5). Revocation or variance of order (5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. Order to delete identifying information 117.0103 (1) If an order is made under subsection 117.0101(3) or 117.0102(1), a provincial court judge may, on application by the person who applied for the order referred to in subsection 117.0101(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that (a) copies be made of any documents relating to the order made under subsection 117.0101(3) or 117.0102(1), as the case may be, including the order itself; (b) any information that could identify the person who applied for the order referred to in subsection 117.0101(3) or anyone known to the person be deleted from those copies; and (c) the documents relating to the order made under subsection 117.0101(3) or 117.0102(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b). Duration of order (2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 117.0101(3) or of anyone known to the person. Procedure (3) If an order is made under subsection (1), the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Revocation or variance of order (4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge. Clarification (5) For greater certainty, if a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), any order made under this section that is still in force applies in respect of that hearing. Order under subsection 117.011(5) 117.0104 (1) If a provincial court judge makes an order under subsection 117.0101(3), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 117.011(1) and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 117.011(5) is sought. Clarification — application for order (2) For the purpose of this section, (a) the application for the order referred to in subsection 117.0101(3) is deemed, except for the purpose of subsection 117.011(2), to be an application made under subsection 117.011(1); and (b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 117.0101(3), the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 117.011(1). Date for hearing (3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 117.0101(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 117.011(5) is sought, adjourn the hearing. Requirement — notice (4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 117.011(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of that date to be served on that Attorney General. Cancellation of hearing (5) If a provincial court judge revokes an order made under subsection 117.0101(3) against a person before the application for an order sought under subsection 117.011(5) against the person is heard, the judge shall cancel the hearing. (2) Paragraph 117.0101(1)(a) of the Act is replaced by the following: (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and (3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council. 10.1 (1) Paragraph 117.011(1)(a) of the Act is replaced by the following:   (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 11 Section 117.012 of the Act is replaced by the following: Revocation of order under subsection 117.0101(3) or 117.011(5) 117.012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.0101(3) or 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist. 11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act are replaced by the following:   (a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 11.2 (1) Subsections 117.04(1) and (2) of the Act are replaced by the following: Application for warrant to search and seize 117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place 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 weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place 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. Search and seizure without warrant (2) Where, with respect to any person, 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 any other person, for the person to possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that 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. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 11.3 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following: Forfeiture and prohibition order on finding (4) If, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall (2) Paragraph 117.05(4)(b) of the English version of the Act is replaced by the following: (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order. (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council. 12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following: (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment; (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment; (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. (3) Subsection 117.07(2) of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after paragraph (h): (i) a person employed by the Bank of Canada or the Royal Canadian Mint who is responsible for the security of its facilities; or (j) a person employed by any federal agency or body, other than a person employed in the federal public administration, who is responsible for the security of that agency’s or body’s facilities and is prescribed to be a public officer. 12.1 (1) Paragraphs 117.071(b) and (c) of the Act are replaced by the following: (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment; (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 12.2 (1) Paragraphs 117.08(b) and (c) of the Act are replaced by the following: (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition, (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 12.3 (1) Subsection 117.09(3) of the Act is replaced by the following: Employees of carriers (3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier , as defined in subsection 2(1) of the Firearms Act , is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13 (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xii.91): (xii.92) section 92 (possession of firearm knowing its possession is unauthorized), (xii.93) section 95 (possession of prohibited or restricted firearm with ammunition), (1.1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xvi): (xvi.1) section 102.1 (possession of computer data), (2) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xviii): (xviii.1) section 104.1 (altering cartridge magazine), 13.1 (1) Paragraphs 491(1)(a) and (b) of the Act are replaced by the following:   (a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or (b) that a person has committed 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, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained, (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.2 (1) Paragraph 501(3)(h) of the Act is replaced by the following: (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them; (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.3 (1) The portion of subsection 515(4.1) of the Act after paragraph (c) is replaced by the following:   (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, a firearm part, ammunition, prohibited ammunition or an explosive substance, or (e) an offence under subsection 20(1) of the Security of Information Act , or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act, the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person. (2) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following: (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1); (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council. 13.4 (1) Subsection 810(3.1) of the Act is replaced by the following: Conditions (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, if the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.5 (1) Subsection 810.01(5) of the Act is replaced by the following: Conditions — firearms (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.6 (1) Subsection 810.011(7) of the Act is replaced by the following: Conditions — firearms (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.7 (1) Subsection 810.02(7) of the Act is replaced by the following: Conditions — firearms (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.8 (1) Subsection 810.1(3.03) of the Act is replaced by the following: Conditions — firearms (3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.9 (1) Subsection 810.2(5) of the Act is replaced by the following: Conditions — firearms (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.10 (1) Paragraph 5(i) of Form 10 of Part XXVIII of the Act is replaced by the following: □ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to ( name or title ) at ( place ). (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.11 (1) The portion of Form 11 of Part XXVIII of the Act that begins with “You must not possess” and ends with “( name or title ) at ( place ).” is replaced by the following: □ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to ( name or title ) at ( place ). (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 13.12 (1) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following: □ (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code ); (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. Replacement of “10” and “ten” with “14” 14 The Act is amended by replacing “10” and “ten” with “14” in the following provisions: (a) paragraph 95(2)(a); (b) paragraph 96(2)(a); (c) the portion of subsection 99(2) before paragraph (a) and subsection 99(3); (d) the portion of subsection 100(2) before paragraph (a) and subsection 100(3); and (e) the portion of subsection 103(2) before paragraph (a) and subsection 103(2.1). Transitional Provision Unlawfully manufactured firearms 14.1 If proceedings in respect of an unlawfully manufactured firearm have been commenced under the Criminal Code before the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of that Act, as enacted by subsection 1(1), comes into force and have not been completed before that day, then that paragraph (e) does not apply with respect to the firearm in relation to those proceedings. Review and Report Review by House of Commons committee 14.2 (1) Five years after the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code , as enacted by subsection 1(2), comes into force, a comprehensive review of that paragraph is to be commenced by a committee of the House of Commons that may be designated or established by that House for that purpose. Report to House of Commons (2) Within one year, or any further time that is authorized by the House of Commons, after the day on which the review is commenced, the committee must submit a report on that review to the House of Commons, together with a statement of any changes to paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code , as enacted by subsection 1(2), that the committee recommends. 1995, c. 39 Firearms Act Amendments to the Act 15 Subsection 2(1) of the Firearms Act is amended by adding the following in alphabetical order: protection order  protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from: (a) being in physical proximity to an identified person or following an identified person from place to place; (b) communicating with an identified person, either directly or indirectly; (c) being at a specified place or within a specified distance of that place; (d) engaging in harassing or threatening conduct directed at an identified person; (e) occupying a family home or a residence; or (f) engaging in family violence. ( ordonnance de protection ) 15.1 The portion of paragraph 4(b) of the Act after subparagraph (ii) is replaced by the following: 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 15.2 Paragraph 4(c) of the Act is replaced by the following: (c) to authorize, notably by sections 35 to 73, the importation or exportation 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 automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code . 15.3 Subsection 5(1) of the Act is replaced by the following: Personal safety 5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine. 15.4 Paragraph 5(2)(d) of the Act is replaced by the following: (d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person; 16 The Act is amended by adding the following after section 6: Protection orders 6.1 Subject to section 70.3 and the regulations, an individual is not eligible to hold a licence if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family. 17 The Act is amended by adding the following after section 12.1: Handguns 12.2 A registration certificate for a handgun must not be issued to an individual. 18 (0.1) Paragraph 19(1)(b) of the Act is amended by adding the following after subparagraph (iii): (iii.1) wishes to transport the firearm to another individual or business that holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or (1) Subsection 19(2.1) of the Act is replaced by the following: Automatic authorization to transport — licence renewal (2.1) An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport it within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved for the purpose of having it form part of a gun collection. (2) Subsection 19(2.3) of the Act is replaced by the following: Automatic authorization to transport — transfer (2.3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within their province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved for the purpose of having it form part of a gun collection. 19 The Act is amended by adding the following after section 19: 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. 20 Section 20 of the Act is replaced by the following: Carrying restricted firearms and pre-December 1, 1998 handguns 20 An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun 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 (a) to protect their life or the life of other individuals; or (b) for use in connection with their lawful profession or occupation. 21 Subsection 23.2(1) of the Act is amended by adding the following after paragraph (d): (d.1) if the transferee is an individual and the firearm is a handgun, the individual is referred to in section 97.1; 21.1 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following: Authorization to transfer cartridge magazine to individuals (2) A person may transfer a cartridge magazine that is not prescribed to be a prohibited device only if the individual holds a licence authorizing him or her to possess firearms. 21.2 The Act is amended by adding the following after section 25: Authorization to transfer firearm parts 25.1 (1) A person may transfer a firearm part to an individual only if the individual holds a licence authorizing them to possess firearms. Exception — non-residents (2) Subject to the regulations and despite subsection (1), a person may transfer a firearm part to a non-resident who is 18 years old or older and who does not hold a licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)(b) or subsection 38(2) and that is valid. 22 Paragraphs 27(a) and (b) of the Act are replaced by the following: (a) verify (i) whether the transferee holds a licence, (ii) whether the transferee is still eligible to hold that licence, (iii) whether the licence authorizes the transferee to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and (iv) if the proposed transfer is in respect of a handgun, whether the transferee is an individual referred to in section 97.1; (b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose; 23 Section 28 of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is for use in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or (c) in the case of a restricted firearm other than a handgun, that the purpose for which the individual wishes to acquire it is to form part of their gun collection and the individual satisfies the criteria described in section 30. 24 (1) The portion of section 30 of the Act before paragraph (b) is replaced by the following: Gun collectors 30 The criteria referred to in paragraph 28(c) are that the individual (a) has knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms, other than handguns, that they possess; (2) Paragraphs 30(b) and (c) of the English version of the Act are replaced by the following: (b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which those firearms are to be kept; and (c) has complied with any other prescribed requirements respecting knowledge, secure storage and the keeping of records in respect of those firearms. 25 Section 32 of the Act is replaced by the following: 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. 26 The Act is amended by adding the following after section 36: Importation of ammunition or cartridge magazine — individuals 37 (1) An individual may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer. Exception — non-residents (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import ammunition — other than prohibited ammunition — or a cartridge magazine — other than a cartridge magazine that is prescribed to be a prohibited device — if they declare the ammunition or cartridge magazine to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the ammunition or cartridge magazine. Non-compliance (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the ammunition or cartridge magazine to be exported from that customs office or may detain the ammunition or cartridge magazine and give the individual a reasonable time to comply with those requirements. Disposal of ammunition or cartridge magazine (4) If those requirements are not complied with within a reasonable time and the ammunition is not exported, a customs officer shall lawfully dispose of the ammunition or cartridge magazine. Non-compliance (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things, (a) the non-resident has not truthfully completed the prescribed form; or (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed. Importation of firearm parts — individuals 38 (1) An individual may import a firearm part only if, at the time of the importation, they hold a valid licence and produce the licence to a customs officer. Exception — non-residents (2) Despite subsection (1), a non-resident who, at the time of the importation, is 18 years old or older and who does not hold a licence may import a firearm part if they declare it to a customs officer by completing the prescribed form containing the prescribed information and a customs officer confirms the declaration in the prescribed manner. A declaration that is confirmed has the same effect as a valid licence for the purposes of importing the firearm part. Non-compliance (3) If any of the requirements of subsection (1) or (2) are not complied with, the customs officer may authorize the firearm part to be exported from the customs office or may detain it and give the individual a reasonable time to comply with those requirements. Disposal of firearm part (4) If those requirements are not complied with within a reasonable time and the firearm part is not exported, a customs officer shall lawfully dispose of it. Non-compliance (5) A customs officer may refuse to confirm the declaration referred to in subsection (2) if, among other things, (a) the non-resident has not truthfully completed the prescribed form; or (b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed. 27 Paragraph 54(2)(a) of the Act is replaced by the following: (a) a chief firearms officer, in the case of a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport; (a.1) the Commissioner, in the case of an authorization to carry referred to in paragraph 20(a); or 28 Section 57 of the Act is replaced by the following: Authorizations to carry or transport 57 A chief firearms officer is responsible for issuing authorizations to carry referred to in paragraph 20(b) and authorizations to transport. Authorizations to carry referred to in paragraph 20(a) 57.1 The Commissioner is responsible for issuing authorizations to carry referred to in paragraph 20(a). 29 Subsections 58(1) and (1.1) of the Act are replaced by the following: Conditions — chief firearms officer 58 (1) A chief firearms officer who issues a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport may attach any condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person. Exception — licence or authorization (1.1) However, a chief firearms officer’s power to attach a condition to a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport is subject to the regulations. Conditions — Commissioner (1.2) Subject to the regulations, the Commissioner may attach any reasonable condition to an authorization to carry referred to in paragraph 20(a) that the Commissioner considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person. 30 Subsection 63(3) of the Act is replaced by the following: Authorizations to carry (3) Authorizations to carry referred to in paragraph 20(a) are not valid outside the geographic area set in the authorization by Commissioner. Authorizations to carry referred to in paragraph 20(b) are not valid outside the province in which they are issued. 30.1 Subsection 64(1.2) of the Act is replaced by the following: No use or acquisition (1.2) The holder of a licence that is extended under subsection (1.1) must not, until the renewal of their licence, use their firearms or acquire any firearms, ammunition or cartridge magazines. 31 Section 66 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):   (c) the classification of the firearm as a restricted firearm or a prohibited firearm changes as a result of an amendment to an Act of Parliament or to a regulation made under an Act of Parliament. 32 Subsections 67(1) and (2) of the Act are replaced by the following: Renewal — chief firearms officer 67 (1) A chief firearms officer may renew a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport in the prescribed manner. Renewal — Commissioner (1.1) The Commissioner may renew an authorization to carry referred to in paragraph 20(a) in the prescribed manner. Restricted firearms and pre-December 1, 1998 handguns (2) On renewing a licence authorizing an individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any such firearm or handgun is used by them (a) to protect their life or the life of other individuals; (b) in connection with their lawful profession or occupation; (c) in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29; or (d) to form part of their gun collection. 33 Section 68 of the Act and the heading before it are replaced by the following: Refusal to Issue and Suspension and Revocation Refusal to issue — chief firearms officer 68 (1) 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 referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason. Refusal to issue — Commissioner (2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason. 34 The Act is amended by adding the following after section 69: Suspension 69.1 (1) If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, including a psychologist, a psychiatrist, a nurse, a nurse practitioner or a medical practitioner, that the holder of a licence is no longer eligible to hold the licence, they shall suspend, in respect of that licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days. Notice (2) A chief firearms officer shall give notice in writing of the suspension to the holder of the licence. The notice shall include reasons for the decision, the nature of the information relied on for the decision, the period of the suspension and a copy of this section and sections 69.2 and 70. Non-disclosure of information (3) A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person. Termination of suspension (4) A chief firearms officer shall terminate the suspension at any time before the expiry of the period referred to in subsection (2) if they are satisfied that the grounds for the suspension no longer exist. The chief firearms officer shall give notice in writing of the termination of the suspension to the holder of the licence. Prohibition on use, acquisition and importation 69.2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.1(1). 35 (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following: Revocation of licence or authorization 70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — for any good and sufficient reason including, without limiting the generality of the foregoing, (2) Subsection 70(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a): (a.1) where the holder of the licence uses, acquires or imports a firearm while their authorizations to do so are suspended under subsection 69.1(1); or 36 The Act is amended by adding the following after section 70: Revocation — domestic violence 70.1 (1) If a chief firearms officer has reasonable grounds to suspect that an individual who holds a licence may have engaged in an act of domestic violence or stalking, the chief firearms officer must revoke the licence within 24 hours. Definition of domestic violence (2) For the purpose of subsection (1), domestic violence means conduct, whether or not it constitutes a criminal offence, by a family member towards another family member, including conduct by or towards an intimate partner, that is violent or threatening or that is part of a pattern of coercive and controlling behaviour or that causes that other family member or intimate partner to fear for their safety or the safety of another person, and includes (a) physical abuse, including forced confinement, but excluding the use of reasonable force to protect themselves or another person; (b) sexual abuse; (c) psychological abuse; (d) financial abuse; (e) threats to kill or cause bodily harm to any person; (f) threats to kill or harm an animal or damage property; (g) harassment, including stalking; (h) the failure to provide the necessities of life; and (i) the killing or harming of an animal or the damaging of property. Revocation — protection order 70.2 (1) If an individual becomes subject to a protection order, their licence is automatically revoked and they must deliver to a peace officer any firearm that they possess within 24 hours or, if that is not possible, within any extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the individual in relation to such a firearm during that period. Notice (2) A chief firearms officer must give notice, in the prescribed manner, of a revocation referred to in subsection (1) to the individual and must specify in the notice the period referred to in that subsection. Conditional licence 70.3 Subject to section 5, a chief firearms officer may, in the prescribed circumstances, issue a licence that is subject to the conditions that the chief firearms officer considers appropriate to an individual referred to in section 6.1 , 70.1 or 70.2 if the individual establishes to the satisfaction of the chief firearms officer that they need a firearm to hunt or trap in order to sustain themselves or their family. 37 Subsections 72(4) to (6) of the Act are replaced by the following: Disposal of firearms, etc. (4) A notice given under subsection (1) in respect of a licence must specify that the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm, prohibited weapon, restricted weapon or prohibited device or such prohibited ammunition during that period. Disposal of firearms — registration certificate (5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify that the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer the firearm to which the registration certificate relates within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a prohibited firearm or restricted firearm during that period. Reference (6) If the applicant for or holder of a licence refers the refusal to issue it or revocation of it to a provincial court judge under section 74, they must, within the period referred to in subsection (4), deliver to a peace officer any firearm that they possess. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm during that period. Order — return of firearm (7) If the decision of the chief firearms officer is confirmed, the judge may, if a firearm was delivered to a peace officer under subsection (6), order the return of the firearm to the applicant for or holder of the licence, in order for the applicant or holder to lawfully dispose of it. Conditions (8) When making an order under subsection (7), the judge may impose any conditions that they consider appropriate in the interests of the safety of the applicant for or holder of the licence or any other person, including (a) the time within which and manner in which the firearm is to be returned; (b) the manner in which the applicant or holder is to have access to the firearm during the period beginning with the return of the firearm and ending with its disposal; and (c) the manner in which the firearm is to be disposed of. Effect (9) An order made under subsection (7) takes effect on (a) the day after the day on which the period for making an appeal has expired, if no appeal is made; or (b) the day on which a final determination is made in respect of the appeal, if an appeal is made and the decision of the chief firearms officer is confirmed. If decision confirmed (10) If the appeal has been finally determined and the decision of the chief firearms officer is confirmed, the applicant for or holder of the licence must lawfully dispose of a firearm that was delivered to a peace officer under subsection (6) within 30 days after the day on which the firearm is returned to them. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm during that 30-day period. 38 (1) Subsection 87(1) of the Act is amended by adding the following after paragraph (a): (a.1) every licence that is the subject of a suspension under section 69.1; (2) Paragraph 87(1)(c) of the Act is replaced by the following: (c) every prohibition order and protection order, and any variation or revocation of such orders, of which the chief firearms officer is informed under section 89; and 39 The Act is amended by adding the following after section 88: Disclosure of Information Authorization to disclose 88.1 (1) If the Commissioner, the Registrar or a chief firearms officer has reasonable grounds to suspect that an individual is using or has used a licence to transfer or offer to transfer a firearm for the purpose of committing an offence referred to in subsection 99(1) or 100(1) of the Criminal Code , the Commissioner, the Registrar or the chief firearms officer may disclose, for the purpose of investigating or prosecuting an offence under that subsection, the following information to a law enforcement agency: (a) the individual’s name, date of birth and address; (b) the licence number and province of issuance of the individual’s most recent licence and the dates of issue of the first licence and most recent licence issued to the individual; (c) a list of all restricted and prohibited firearms acquired by the individual and whether they were acquired from a business or an individual; (d) the number, date of issue and expiration date of the registration certificates for all firearms for which the individual was issued a registration certificate and the firearm identification number of those firearms; (e) the serial number, make, model, manufacturer, calibre and barrel length of all firearms for which the individual was issued a registration certificate; (f) whether a firearm for which the individual was issued a registration certificate has been transferred or reported lost or stolen; and (g) any other prescribed information. For greater certainty (2) For greater certainty, nothing in subsection (1) is intended to derogate from the powers conferred on the Commissioner, the Registrar or a chief firearms officer under this Act or any other Act of Parliament or an Act of a provincial legislature or the common law to disclose information to a law enforcement agency. 40 The heading before section 89 is replaced by the following: Reporting of Prohibition Orders and Protection Orders 41 Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following: Protection order (2) Any competent authority that makes, varies or revokes a protection order shall have a chief firearms officer informed of the protection order or its variation or revocation within 24 hours. 42 Subsection 93(1) of the Act is replaced by the following: Report to federal Minister 93 (1) The Commissioner shall, no later than May 31 of each year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act. Information on disclosures (1.1) Each report shall include information relating to the disclosures made under section 88.1 during the period to which the report relates, including the number of disclosures made to a law enforcement agency. 43 The Act is amended by adding the following after section 97: Exception — handguns 97.1 Sections 12.2 and 19.1 do not apply in respect of an individual who (a) holds an authorization to carry in respect of a handgun; or (b) meets the prescribed criteria and annually provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating (i) that they are training, competing or coaching in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee, (ii) the disciplines in which they train, compete or coach, and (iii) that the handgun in question is necessary for training, competing or coaching in those disciplines. 44 The Act is amended by adding the following after section 111: Advertising 112 (1) Every business or every person referred to below commits an offence that advertises a firearm in a manner that depicts, counsels or promotes violence against a person: (a) a person who is an owner of or partner in the business; (b) if the business is a corporation, a person who is a director or officer of the corporation; (c) a person who has a relationship with a person referred to in paragraph (a) or (b) and who has a direct influence on the operations of the business. Exception (1.1) Subsection (1) does not apply to persons or businesses that advertise in their usual course of business directly to or on behalf of the film industry, the Canadian Forces or public safety personnel. Punishment (2) Every business that, or every person referred to in paragraph (1)(a), (b) or (c) who, commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment (i) in the case of a first offence, for a term not exceeding two years, and (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 45 (1) Paragraph 117(a) of the Act is replaced by the following: (a) defining the expression “protection order” for the purposes of this Act; (a.01) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences; (1.1) Subparagraph 117(i)(i) of the Act is replaced by the following: (i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and firearm parts, or (1.11) The portion of paragraph 117(k) of the Act after subparagraph (ii) is replaced by the following: 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; (1.2) Paragraph 117(k.1) of the Act is replaced by the following: (k.1) respecting the importation or exportation 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; (2) Paragraph 117(k.3) of the Act is replaced by the following: (k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(b) and the confirmation of declarations for the purposes of subsections 37(2) and 38(2); (k.4) respecting the disposal of ammunition and cartridge magazines referred to in subsection 37(4) and of firearm parts referred to in subsection 38(4); Transitional Provisions Protection orders 46 Section 6.1 of the Firearms Act , as enacted by section 16 , and section 70.2 of that Act, as enacted by section 36 , apply only in respect of protection orders , as defined in subsection 2(1) of that Act, made on or after the day on which section 15 comes into force. Registration certificates — handguns 47 Section 12.2 of the Firearms Act , as enacted by section 17 , does not apply in respect of a registration certificate for which an application was submitted in accordance with section 54 of that Act before the day on which that section 17 comes into force. Pending reference 48 Subsection 72(6) of the Firearms Act , as it read immediately before the day on which section 37 comes into force, continues to apply in respect of an applicant for or holder of a licence who referred the refusal to issue it or revocation of it to a provincial court judge under section 74 of the Firearms Act before that day if, on that day, the reference has not been finally disposed of. 1997, c. 9 Nuclear Safety and Control Act 49 Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order: firearm  has the same meaning as in section 2 of the Criminal Code . ( arme à feu ) high-security site  means a nuclear facility where Category I nuclear material or Category II nuclear material , as those terms are defined in section 1 of the Nuclear Security Regulations , is processed, used or stored. ( site à sécurité élevée ) nuclear security officer  means an employee who is designated as a nuclear security officer under subsection 27.1(2). ( agent de sécurité nucléaire ) on-site nuclear response force  means the on-site nuclear response force referred to in subsection 27.2(1). ( force d’intervention nucléaire interne ) prohibited device  has the same meaning as in subsection 84(1) of the Criminal Code . ( dispositif prohibé ) prohibited weapon  has the same meaning as in subsection 84(1) of the Criminal Code. ( arme prohibée ) 50 The Act is amended by adding the following after section 27: High-security Sites Security at site 27.1 (1) A licensee who operates a high-security site is responsible for ensuring the security of the site in accordance with section 27.2 and the prescribed requirements. Nuclear security officers (2) The licensee may, in accordance with the regulations, (a) designate as a nuclear security officer any employee of the licensee who meets the prescribed requirements; and (b) suspend or revoke the designation. Restriction (3) An employee designated as a nuclear security officer may exercise the powers and perform the duties and functions of a nuclear security officer only if they are designated as a peace officer under subsection 27.3(1). Preservation and maintenance of public peace (4) A nuclear security officer’s duties include the preservation and maintenance of the public peace at the high-security site. On-site nuclear response force 27.2 (1) A licensee who operates a high-security site shall at all times maintain an on-site nuclear response force that is composed of nuclear security officers who are (a) designated as peace officers under subsection 27.3(1); (b) trained in the handling and use of firearms, prohibited weapons and prohibited devices and qualified to handle and use them; (c) posted to the high-security site on a permanent basis; and (d) armed and equipped in accordance with the regulations. Additional training (2) If the licensee acquires any firearms, prohibited weapons or prohibited devices in accordance with an authorization granted under subsection 27.4(1), the licensee shall ensure that the members of the on-site nuclear response force are trained in the handling and use of those firearms, prohibited weapons or prohibited devices and that the members are qualified to handle and use them. Exemption (3) The licensee is not required to comply with subsection (1) if the licensee (a) makes on-site security arrangements with a local, provincial or federal police service or with the Canadian Forces that meet the prescribed requirements and are approved by the Commission; or (b) takes other security measures that meet the prescribed requirements and are approved by the Commission. Peace officer designation 27.3 (1) The Commission may, in accordance with the regulations, (a) designate any nuclear security officer as a peace officer for a high-security site; and (b) suspend or revoke the designation. Effect of designation (2) Subject to subsection (3), a nuclear security officer who is designated as a peace officer is a peace officer within the meaning of the Criminal Code for the purpose of performing their duties and functions at the high-security site for which they are designated and for the purpose of performing any prescribed off-site duties and functions that are ancillary to their duties and functions at the site. Limits on powers (3) A nuclear security officer who is designated as a peace officer may exercise only the following powers as a peace officer and may do so only at the high-security site for which they are designated: (a) verifying the identity of any individual; (b) conducting searches of individuals and things; (c) arresting without a warrant, in accordance with the Criminal Code , any individual whom the nuclear security officer finds committing an offence under this Act, the Criminal Code or the Controlled Drugs and Substances Act that poses a risk to the safety or security of the site or any individual whom the nuclear security officer believes on reasonable grounds has committed or is about to commit such an offence at the site; and (d) seizing any thing (i) that the nuclear security officer believes on reasonable grounds poses a risk to the safety or security of the site, or (ii) in relation to which the nuclear security officer believes on reasonable grounds that an offence referred to in paragraph (c) has been, is being or is about to be committed. Use of force (4) Subsections 25(1), (3) and (4) of the Criminal Code apply to a nuclear security officer who is designated as a peace officer only when they are exercising their powers as a peace officer at the high-security site for which they are designated. Arrested individuals and seized things (5) If a nuclear security officer who is designated as a peace officer arrests an individual under paragraph (3)(c) or seizes a thing under paragraph (3)(d), the nuclear security officer shall arrange for the appropriate police service to take custody of the individual or thing as soon as feasible after the arrest or seizure. Complaints process (6) The Commission shall, in accordance with the regulations, ensure that there is a process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers. Firearms, prohibited weapons and prohibited devices 27.4 (1) Despite Part III of the Criminal Code and the Firearms Act , and subject to subsection (2), the Commission may grant an authorization, with or without conditions, to a licensee who operates a high-security site to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices in order to carry out the responsibility referred to in subsection 27.1(1). Restriction (2) An authorization granted under subsection (1) may authorize a licensee to transfer firearms, prohibited weapons and prohibited devices only to a public service agency or to another licensee to whom an authorization has been granted under that subsection. Transfer to licensee (3) Despite Part III of the Criminal Code and the Firearms Act , the Commission, a public service agency or any person in lawful possession of firearms, prohibited weapons or prohibited devices may transfer firearms, prohibited weapons and prohibited devices to a licensee to whom an authorization has been granted under subsection (1). Reporting to Registrar of Firearms (4) A licensee to whom an authorization is granted under subsection (1) shall, as if the licensee were a public service agency, provide the Registrar of Firearms referred to in section 82 of the Firearms Act with the advisory information referred to in section 12 of the Public Agents Firearms Regulations and the reports referred to in sections 8 to 10, 11, 13, 14 and 16 of those Regulations. However, any reference to “October 31, 2008” in those Regulations is to be read as a reference to the day on which the authorization is granted to the licensee and any reference to “October 31, 2009” in those Regulations is to be read as a reference to the first anniversary of the day on which the authorization is granted. Reporting to Commission (5) A licensee to whom an authorization is granted under subsection (1) shall, in accordance with the regulations, report to the Commission with respect to the advisory information and reports that the licensee provides under the Public Agents Firearms Regulations . Definition of public service agency (6) In this section, public service agency has the same meaning as in section 1 of the Public Agents Firearms Regulations . Delegation to President 27.5 The Commission may delegate to the President the powers conferred on it under subsection 27.3(1) or section 27.4. 51 Subsection 44(1) of the Act is amended by adding the following after paragraph (m): (m.1) respecting the designation of employees of a licensee who operates a high-security site as nuclear security officers and the suspension or revocation of those designations; (m.2) respecting the powers, duties and functions of nuclear security officers, including (i) any duties to be performed off-site that are ancillary to their duties at a high-security site, and (ii) their powers, duties and functions as members of an on-site nuclear response force; (m.3) respecting the carrying, handling, use, storage and transportation of prohibited weapons by nuclear security officers who are not members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions; (m.4) respecting the carrying, handling, use, storage and transportation of firearms, prohibited weapons and prohibited devices by members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions; (m.5) respecting the designation of nuclear security officers as peace officers and the suspension or revocation of those designations; (m.6) respecting the process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers, including the filing and reviewing of complaints and the manner in which they are to be resolved; (m.7) respecting authorizations granted under subsection 27.4(1); (m.8) respecting the powers, duties and functions of the Registrar of Firearms in relation to the requirements set out in subsection 27.4(4), including the assignment of identification numbers to licensees and firearms; (m.9) respecting a licensee’s obligation to report to the Commission under subsection 27.4(5); 2001, c. 27 Immigration and Refugee Protection Act 52 Paragraph 4(2)(c) of the Immigration and Refugee Protection Act is replaced by the following: (c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality, violating human or international rights or transborder criminality; or 53 (1) Paragraphs 36(1)(a) to (c) of the French version of the Act are replaced by the following: a) être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou d’une infraction prévue sous le régime d’une loi fédérale pour laquelle un emprisonnement de plus de six mois est infligé; b) être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans; c) commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans. (2) Paragraphs 36(2)(a) to (c) of the French version of the Act are replaced by the following: a) être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions prévues sous le régime de toute loi fédérale qui ne découlent pas des mêmes faits; b) être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions qui ne découlent pas des mêmes faits et qui, commises au Canada, constitueraient des infractions sous le régime de toute loi fédérale; c) commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation; (3) Subsection 36(2) of the Act is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d). (4) Section 36 of the Act is amended by adding the following after subsection (2): Transborder criminality (2.1) A foreign national is inadmissible on grounds of transborder criminality for committing, on entering Canada, a prescribed offence under an Act of Parliament. (5) The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following: Application (3) The following provisions govern subsections (1) to (2.1): (6) Paragraph 36(3)(b) of the English version of the Act is replaced by the following: (b) inadmissibility under subsections (1) to (2.1) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act , or in respect of which there has been a final determination of an acquittal; (7) The portion of paragraph 36(3)(e) of the English version of the Act before subparagraph (i) is replaced by the following: (e) inadmissibility under subsections (1) to (2.1) may not be based on an offence 54 Paragraph 37(1)(a) of the French version of the Act is replaced by the following: a) être membre d’une organisation dont il y a des motifs raisonnables de croire qu’elle se livre ou s’est livrée à des activités faisant partie d’un plan d’activités criminelles organisées par plusieurs personnes agissant de concert en vue de la perpétration d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de la perpétration, hors du Canada, d’une infraction qui, commise au Canada, constituerait une telle infraction, ou se livrer à des activités faisant partie d’un tel plan; 55 Paragraph 55(3)(b) of the Act is replaced by the following: (b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality. 56 Paragraph 58(1)(c) of the Act is replaced by the following: (c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality; 57 Subsection 68(4) of the Act is replaced by the following: Termination and cancellation (4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated. 58 Paragraph 100(2)(b) of the French version of the Act is replaced by the following: b) il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans. 59 Paragraphs 101(2)(a) and (b) of the French version of the Act are replaced by the following: a) une déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans; b) une déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans. 60 Paragraph 103(1)(b) of the French version of the Act is replaced by the following: b) il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans. 61 Subsection 105(1) of the French version of the Act is replaced by the following: Sursis 105 (1) La Section de la protection des réfugiés ou la Section d’appel des réfugiés sursoit à l’étude de l’affaire si la personne est visée par un arrêté introductif d’instance pris au titre de l’article 15 de la Loi sur l’extradition pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement d’une durée maximale égale ou supérieure à dix ans tant qu’il n’a pas été statué en dernier ressort sur la demande d’extradition. 62 Paragraph 112(3)(b) of the French version of the Act is replaced by the following: b) il est interdit de territoire pour grande criminalité pour déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou pour toute déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans; 63 (1) Subparagraph 113(e)(i) of the Act is replaced by the following: (i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and (2) Subparagraph 113(e)(ii) of the French version of the Act is replaced by the following: (ii) celui qui est interdit de territoire pour grande criminalité pour déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans, sauf s’il a été conclu qu’il est visé à la section F de l’article premier de la Convention sur les réfugiés. 2019, c. 9 An Act to amend certain Acts and Regulations in relation to firearms 64 (1) Subsection 22(1) of An Act to amend certain Acts and Regulations in relation to firearms is replaced by the following: An Act to amend certain Acts and to make certain consequential amendments (firearms) 22 (1) Sections 1, 16 and 18 come into force on the day on which section 64 of An Act to amend certain Acts and to make certain consequential amendments (firearms) comes into force. (2) Section 22 of the Act is amended by adding the following after subsection (2): Order in council (2.1) Subsections 3(2) and 4(2) and sections 19 to 21 come into force on a day to be fixed by order of the Governor in Council. Consequential Amendments 2019, c. 9 An Act to amend certain Acts and Regulations in relation to firearms 65 Subsection 3(2) of An Act to amend certain Acts and Regulations in relation to firearms is repealed. 66 Subsection 4(2) of the Act is repealed. SOR/2002-227 Immigration and Refugee Protection Regulations 67 The portion of section 19 of the Immigration and Refugee Protection Regulations before paragraph (a) is replaced by the following: Transborder crime 19 For the purposes of subsection 36(2.1) of the Act, indictable offences under the following Acts of Parliament are prescribed: 68 Paragraph 229(1)(d) of the Regulations is replaced by the following: (d) a deportation order, if they are inadmissible under paragraph 36(2)(b) or (c) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality; 69 Paragraph 230(3)(c) of the Regulations is replaced by the following: (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality; Coordinating Amendments Bill S-4 70 (1) Subsections (2) to (4) apply if Bill S-4, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 2 of the other Act and section 4 of this Act are in force (a) the portion of subsection 110.1(7) of the Criminal Code before paragraph (a) is replaced by the following: Report to 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 report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing (b) the English version of subsection 110.2(4) of the Criminal Code is replaced by the following: Procedure (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the report made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5). (3) On the first day on which both section 2 of the other Act and section 10 of this Act are in force, (a) the portion of subsection 117.0101(8) of the Criminal Code before paragraph (a) is replaced by the following: Report to justice (8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing (b) the English version of subsection 117.0102(4) of the Criminal Code is replaced by the following: Procedure (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the report made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5). (4) On the first day on which section 22 of the other Act and sections 4 and 10 of this Act are all in force (a) the portion of subsection 487.093(1) of the Criminal Code before paragraph (a) is replaced by the following: Duty of person executing certain warrants 487.093 (1) A person who executes a warrant issued under subsection 110.1(5), 117.0101(6), 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution, (b) subsection 487.1(1) of the Criminal Code is amended by adding the following after paragraph (b): (b.1) a warrant under subsection 110.1(5); (b.2) a warrant under subsection 117.0101(6); Bill C-5 71 (1) Subsections (2) to (6) apply if Bill C-5, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 4 of the other Act and section 14 of this Act are in force, paragraph 95(2)(a) of the Criminal Code is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or (3) On the first day on which both section 5 of the other Act and section 14 of this Act are in force, paragraph 96(2)(a) of the Criminal Code is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or (4) On the first day on which both section 6 of the other Act and section 14 of this Act are in force, subsection 99(3) of the Criminal Code is replaced by the following: Punishment — other cases (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. (5) On the first day on which both section 7 of the other Act and section 14 of this Act are in force, subsection 100(3) of the Criminal Code is replaced by the following: Punishment — other cases (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. (6) On the first day on which both section 8 of the other Act and section 14 of this Act are in force, subsection 103(2.1) of the Criminal Code is replaced by the following: Punishment — other cases (2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2019, c. 9 72 (1) In this section, other Act means An Act to amend certain Acts and Regulations in relation to firearms , chapter 9 of the Statutes of Canada, 2019. (2) If subsection 3(2) of the other Act comes into force before section 65 of this Act, then that section 65 is deemed never to have come into force and is repealed. (3) If subsection 3(2) of the other Act comes into force on the same day as section 65 of this Act, then that section 65 is deemed to have come into force before that subsection 3(2). (4) If subsection 4(2) of the other Act comes into force before section 66 of this Act, then that section 66 is deemed never to have come into force and is repealed. (5) If subsection 4(2) of the other Act comes into force on the same day as section 66 of this Act, then that section 66 is deemed to have come into force before that subsection 4(2). Related Provision Rights of Indigenous peoples 72.1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them. Definition of Indigenous peoples (2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . Coming into Force Order in council 73 (1) Subsections 5(1) and (2) and sections 9.1 , 15 , 16 , 20 , 21.2 , 26 to 29 , 32 to 36 , 38 , 40 , 41 and 45 come into force on a day or days to be fixed by order of the Governor in Council. 30th day after royal assent (1.1) Subsections 3(2) and 13(1.1) come into force on the 30th day after the day on which this Act receives royal assent. Order in council (2) Sections 49 to 51 come into force on a day to be fixed by order of the Governor in Council.