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Home : Media Room : News Releases / Backgrounders  Print version

Firearms Act Amendments Coming Into Force

Backgrounder

This backgrounder highlights some of the key amendments to the Firearms Act and its supporting regulations affecting firearm owners and businesses, as of April 10, 2005. The Firearms Act amendments being brought into force will appear in Part II of the Canada Gazette in the near future.

Before As of April 10 Effect
Individual Firearms Licences
  • All renewals of Possession-Only Licences (POLs) and Possession and Acquisition Licences (PALs) had to be submitted as brand new applications.
  • Only PAL applicants needed to provide information on current and former spouses and common-law partners (within the last two years), and they needed to provide references from two people who had known them for at least three years.
  • The renewal process has been streamlined and standardized, with reduced information requirements – for example, fewer personal history questions and no photo guarantor or reference requirements. Individuals remain subject to continuous eligibility screening.
  • All POL and PAL renewal applicants will need to provide information on current and former spouses and other conjugal partners with whom they have lived within the last two years.
  • Reduced burden – simplifies renewal process for licensed applicants who have demonstrated years of responsible firearm ownership or use.
  • Consistency and efficiency – all licence renewals use the same form and have the same requirements.
  • Public safety – ensures partners of all licence holders can express concern about their safety or the safety of others.
  • Non-resident minors may use a firearm in Canada only if they are under the direct and immediate supervision of a licensed adult.
  • Non-resident minors aged 12 to 17 may obtain a Minors’ licence to use non-restricted firearms for purposes such as hunting or target shooting if they have taken the Canadian Firearms Safety Course and passed the test.
  • Improved service – allows more flexibility for young non-residents who come to Canada to hunt or target shoot.
  • Public safety – promotes safe firearm use by ensuring adequate safety training.
Business Firearms Licences
  • Business licences issued for a maximum of:
  • one year for businesses that possess firearms and other items regulated by the Firearms Act;
  • three years for museums.
  • Maximum term of business licences issued on or after April 10, 2005:
    • three years for all businesses, including museums, that possess firearms, restricted or prohibited weapons, prohibited devices and/or prohibited ammunition; and
    • five years for businesses that only sell non-prohibited ammunition;
  • Fees same as for one-year licence.
  • Reduced burden and streamlined administration – businesses need to apply less frequently for a licence renewal.
  • Improved service – longer term at same fee; gives businesses more value for their money.
Prohibited Handguns (as described in s.12(6) of the Firearms Act)
  • For a handgun to be grandfathered, a Canadian registration certificate must have been issued or in process by February 14, 1995.
  • For an individual to be grandfathered, he or she must have held a valid Canadian registration certificate for a prohibited handgun on February 14, 1995, and continuously from December 1, 1998 onward.
  • Prohibited handguns are grandfathered if:
    • a registration certificate had been issued (or applied for and subsequently issued) by December 1, 1998; or
    • the handguns were reported to the Commissioner of the RCMP before December 1, 1998.
  • Businesses can now get a firearms licence to sell prohibited handguns they have lawfully possessed since December 1, 1998 to properly licensed individuals.
  • Individuals who have continuously held a valid registration certificate for a prohibited handgun since December 1, 1998 are grandfathered.
  • Clarity – addresses outstanding issues for affected handgun owners.
  • It enables properly licensed owners to keep handguns grandfathered by the amendment.
  • Businesses and individuals now have another option for disposing of a handgun grandfathered by the amendment – they may give or sell it to a properly licensed individual.
  • The CAFC will contact businesses and individuals affected by the amendments.
Transporting Firearms (Individuals)
  • Maximum term of an authorization to transport (ATT) restricted firearms or prohibited handguns only three years.
  • Maximum term increased to five years, depending on the term of a person’s firearms licence.
  • Reduced burden and streamlined administration – reduces ATT renewal requirements for individuals who frequently transport firearms back and forth between specified places (e.g. between a residence and a shooting range).
  • Prohibited firearms such as full automatics and other assault-style firearms could be transported to a shooting range under limited conditions.
  • Prohibited firearms, other than prohibited 12(6) handguns, may no longer be transported to a shooting range. They may only be transported for specific purposes, such as a change of residence, repair, export, disposal or taken to a gun show.
  • Clarity – implements Bill C-10A provisions.
Transporting Firearms: Businesses
  • Only non-restricted firearms could be shipped by Canada Post.
  • Restricted and prohibited firearms had to be shipped by licensed carrier.
  • Restricted firearms and prohibited handguns may be shipped to another location in Canada by the most secure method offered by Canada Post that requires a signature upon delivery.
  • Prohibited firearms other than prohibited handguns may still only be shipped by a licensed carrier.
  • Flexibility in service and reduced burden – provides businesses with another option for shipping firearms to or from an area not serviced by a licensed carrier while maintaining a high level of public safety.
Firearms Registration
  • The Registrar needed to be notified of firearm modifications only if the modifications were made to a converted automatic or if they changed the classification of a firearm.
  • An approved verifier must have verified the firearms that are:
  • being registered to a business;
  • new imports being registered to an individual; or
  • as of January 1, 2003, being transferred to a new owner.
  • There was no requirement to re-verify a firearm that had already been verified.
  • The Registrar must be notified of changes:
  • to a converted automatic;
  • that make a firearm no longer a firearm; and
  • to the type, action, calibre or gauge of any registered firearm if the change is intended to be permanent or lasts more than 30 days.
  • All registration applications must be accompanied by evidence that the firearm has been verified
  • A firearm that has been verified must be re-verified if the information changes or if there are any questions about the firearm’s classification or description.
  • Improved service and public safety – ensures that information in the Canadian Firearms Information System (CFIS) is as accurate as possible to serve firearm owners and law enforcement better.
Non-Resident Firearm Declaration
  • A confirmed Non-Resident Firearm Declaration costs $50
  • A confirmed Non-Resident Firearm Declaration costs $25.
  • Supports Canadian shooting sports, outfitters and communities benefiting from shooting sports.
Transferring Firearms to New Owners
  • A provincial Chief Firearms Officer (CFO) had to approve all transfers.
  • CFO approval is only required for restricted and prohibited firearms
  • The eligibility of purchasers to acquire non-restricted firearms will be confirmed during the registration process.
  • Improved service and reduced administration – streamlines processing of applications to register non-restricted firearms to new owners, enabling transfers to be processed more quickly.

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Last Modified: 2005-03-29 [ Important Notices ]