Parliamentary Committee Notes: Clause by clause analysis

Clause	Clause by clause analysis>Proposed Amendment	Clause by clause analysis>Objective
*Criminal Code*
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).	Clause 0.1 The amendment adds “firearm part” to section 2.1. All terms in that section have the same meaning as in subsection 84(1) which sets out definitions for Part III of the Criminal Code (firearms). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) and would ensure that the definition has the same meaning throughout the Criminal Code.
0.1	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 0.1(2) sets out the coming into force (CIF) of Clause 0.1(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
0.2	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.	Clause 0.2 The amendment adds “firearm part” to subsection 83.3(10). Section 83.3(10) ensures that a judge considers whether to include as a condition of a terrorist recognizance, certain weapons, devices and ammunition. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1).
0.2	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 0.2(2) sets out the coming into force (CIF) of Clause 0.2(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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)	Clause 1 Currently, unlawfully manufactured firearms are classified in the same manner as commercially manufactured firearms (i.e., if a “ghost gun” has the characteristics of a non-restricted firearm, it would be treated as such).
	(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 discharges centre-fire ammunition in a semi-automatic manner, was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more, and is designed and manufactured on or after the day on which this paragraph comes into force; (arme à feu prohibée)	The provision would amend the definition of “prohibited firearm” to deem unlawfully manufactured firearms, including “ghost guns”, as prohibited firearms and thus, subject them to increased penalties. The provision amends the definition of “prohibited firearm” to provide a technical definition that would prohibit a firearm which meets all of the criteria in (e)(i) to (e)(iii). Subparagraph (e)(iii) ensures that the definition would apply only to those firearms that meet the criteria following the coming into force (CIF) of the amendment
	(3) The definition *prohibition order* in subsection 84(1) of the Act is replaced by the following: *prohibition ordermeans 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*)	The amendment adds “firearm part” to the definition of "prohibition order" in subsection 84(1) (definitions for Part III of the Criminal Code). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1).
	(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)	Clause 1(4) amends the definition of “replica firearm” in subsection 84(1) (definitions in Part III of the Criminal Code) to ensure the standard against which an object is considered to be a replica is a regulated firearm. A “firearm” includes regulated and unregulated firearms. A regulated firearm shoots a projectile at a muzzle velocity exceeding 152.4 metres per second (approximately 500 feet per second) and has a muzzle energy exceeding 5.7 Joules (“conventional regulated firearm”). An unregulated firearm is powerful enough to cause serious bodily injury or death but not powerful enough to be regulated by the Firearms Act.
	(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)	Clause 1(5) The amendment adds a definition of “firearm part” to subsection 84(1) (definitions for Part III of the Criminal Code). The definition includes those parts of a firearm that are the most difficult to manufacture (barrels) and are most common (e.g., all firearms have a barrel and all handguns have slides).
	(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-automatic)	Clause 1(6) codifies the definition of “semi-automatic” in the Criminal Code. The definition is currently found in the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. Related clause 1(2) (technical definition) includes as one of the criteria that a firearm discharges centre-fire ammunition in a “semi-automatic manner.”
	(7) Subsection (1) comes into force on the 30th day after the day on which this Act receives royal assent.	Clause 1(7) sets out the coming into force (CIF) of Clause 1(1) within the provision: 30 days after Royal Assent of the Bill. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
	(8) Subsections (3) and (5) come into force on a day or days to be fixed by order of the Governor in Council.	Clause 1(8) sets out the coming into force (CIF) of Clauses 1(3) and (5) within the provision: on a day or days to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 1.1 The amendment adds “firearm part” to the offence of weapons trafficking in subsection 99(1). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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	The amendment adds “firearm part” to the punishment provision of weapons trafficking in subsection 99(2). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.	Clause 1.1(3) sets out the coming into force (CIF) of Clauses 1.1(1) and (2) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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	Clause 1.2 would amend subsection 100(1) and (2) of the Criminal Code to include “firearm part” making it illegal to knowingly possess a “firearm part”, for the purpose of weapons trafficking. The amendment adds “firearm part” to the offence of possession for the purpose of weapons trafficking in subsection 100(1). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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	The amendment adds “firearm part” to the punishment provision of possession for the purpose of weapons trafficking in subsection 100(2). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.	Clause 1.2(3) sets out the coming into force (CIF) of Clauses 1.2(1) and (2) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 1.3 The amendment adds “firearm part” to the offence of transfer without authority in subsection 101(1). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
1.3	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 1.3(2) sets out the coming into force (CIF) of Clause 1.3(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 1.4 establishes two new Criminal Code offences. First, the possession of computer data of a firearm or prohibited device that can be used with a computer system, such as a 3D printer, for the purposes of unlawfully manufacturing or trafficking a firearm.
	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.	Second, the distribution of such data knowing it is intended to be used to unlawfully traffic or manufacture a firearm or prohibited device.
	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.	The Clause also establishes penalties for the offences of up to five years imprisonment on indictment and a term of imprisonment of up to two years less a day and/or a fine of up to $5000 if proceeded with summarily.
	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).	“Computer data” and “computer system” would have the same meaning as subsection 342.1(2) of the Criminal Code (unauthorized use of a computer).
	(2) Subsection (1) comes into force on the 30th day after the day on which this Act receives royal assent.	Clause 1.4(2) sets out the coming into force (CIF) of Clause 1.4(1) within the provision: 30 days after Royal Assent of the Bill. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill
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,	Clause 1.5(1) The amendment adds “firearm part” to the offence of importing or exporting a firearm knowing it is unauthorized. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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	Clause 1.5(2) The amendment adds “firearm part” to the punishment provision of importing or exporting a firearm knowing it is unauthorized. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council	Clause 1.5(3) sets out the coming into force (CIF) of Clause 1.5(1) and (2) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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,	Clause 1.6 (1) The amendment adds “firearm part” to the offence of importing or exporting a firearm without authority. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
1.6	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 1.6(2) sets out the coming into force (CIF) of Clause 1.6(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill
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.	Clause 2 creates a new offence, in section 104.1, of altering a cartridge magazine so that it exceeds its lawful capacity as described in the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. For example, 5 cartridges for most magazines designed for semi-automatic, centre-fire long guns and 10 cartridges for most handgun magazines.
2	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.	The new offence would be punishable by: up to a maximum of 5 years imprisonment on indictment; and up to a maximum of 2 years less a day of imprisonment and/or up to a maximum fine of $5,000 on summary conviction. There is currently no specific offence for altering a cartridge magazine so that it exceeds its lawful capacity. The Bill creates a specific offence in the Criminal Code to address cartridge magazines and makes it an offence to alter one so that it exceeds its lawful capacity.
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).	Clause 3(1) Clause 3(1) would amend section 109 of the Criminal Code (mandatory weapons prohibition orders) to add the new offence of altering a cartridge magazine to the list of offences for which a weapons prohibition order is mandatory upon conviction or discharge under section 730 (absolute and conditional discharge). The Clause would come into force upon Royal Assent.
3	(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),	Clause 3(2) would amend section 109 (mandatory weapons prohibition orders) to add the new offences of possession and distribution of computer data to the list of offences for which a weapons prohibition order is mandatory upon conviction or discharge under section 730 (absolute and conditional discharge). The new offences, in related clause 1.4, would come into force 30 days following Royal Assent. Related Clause 73 provides that this provision would also come into force 30 days following Royal Assent and replace Clause 3(1).
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.	Clause 3.1 Paragraph 109 (d)ensures that a weapons prohibition order is mandatory upon conviction or discharge under section 730 (absolute and conditional discharge) for an offence that involves, or is the subject-matter of a firearm, etc., if the person was already prohibited by an order from possessing any such thing. Clause 3.1(1) would amend section 109 (mandatory weapons prohibition orders) to add the term “firearm part” to paragraph 109(d). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1).
	(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	The amendment would add “firearm part” to paragraph 109(2)(a), which sets out the duration of a prohibition order for a first offence issued under section 109. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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.	The amendment would add “firearm part” to paragraph 109(3), which sets out the duration of a prohibition order for subsequent offences issued under section 109. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.	Clause 3.1(4) sets out the coming into force (CIF) of Clauses 3.1(1) to (3) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 3.2 (1) Would amend section 110 (discretionary weapons prohibition orders) to add “firearm part” to the list of items that a person can be prohibited from possessing in a discretionary weapons prohibition order if convicted of an offence where violence was involved (other than those referred to in 109(1)) or which involved a firearm, etc., and they were not already subject to a prohibition order.
3.2	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 3.2(2) sets out the coming into force (CIF) of Clause 3.2(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 4 Clause 4 would establish a new “red flag regime” that would enable anyone to apply for an emergency weapons prohibition order. New subsection 110.1(1) would permit any person (law enforcement or individual) to make an ex parte application to a provincial court judge for an order against another person prohibiting them from possessing a firearm or other weapon things (e.g., prohibited/restricted weapon). In order to make an application, the person applying must have reasonable grounds to believe the person whom they seek an order against poses a public safety risk. This provides another tool for law enforcement and a new tool for individuals to apply for an emergency weapons prohibition order.
	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 anyone known to the applicant.	Subsection (2) allows a judge to hold a hearing in private if they consider it is necessary to protect the security of the applicant or anyone known to them.
	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.	Pursuant to proposed subsection 110.1(3), an order must be made if a judge is satisfied after a hearing that a public safety risk exists. The order can be made up to a maximum period of 30 days
	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.	A copy of the order must be served on the person subject to it in accordance with proposed subsection 110.1(4).
	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.	A judge would be authorized to issue a search and seizure order under proposed subsection 110.1(5) if satisfied that there are reasonable grounds to believe that a person subject to an order possesses the thing prohibited by the order and documents relating to it (e.g., firearms licence) in any establishment and that there is a public safety risk with their continued possession. A warrantless search and seizure could be conducted pursuant to subsection 110.1(6) if the same grounds for a search and seizure under subsection 110.1(5) exist but it would not be practicable to obtain a warrant because of danger to any 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.	A warrantless search and seizure could be conducted pursuant to subsection 110.1(6) if the same grounds for a search and seizure under subsection 110.1(5) exist but it would not be practicable to obtain a warrant because of danger to any 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.	Where a search and seizure was conducted, under subsection 110.1(5) or (6), the peace officer must return to a judge to provide a list of things seized, in accordance with proposed subsection 110.1(7). The peace officer must also provide the grounds relied upon to conduct the search and seizure, if conducted without a warrant
	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.	Proposed subsection 110.1(8) outlines the process for returning the things seized under proposed subsections 110.1(5) and (6) (e.g., after the expiry of the order or after final disposition of any weapons prohibition hearing under section 111).
	Application of sections 113, 114 and 116 (9) Sections 113, 114 and 116 apply in respect of every order made under subsection (3).	Subsection 110.1(9) would ensure that sections 113 (lifting of prohibition order for sustenance or employment), 114 (requirement to surrender) and 116 (authorizations amended, i.e., suspended) apply to the emergency weapons prohibition order regime.
	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.	Related clause 5 repeals the definition of provincial court judge in subsection 111(11) (application for prohibition order). The definition is re-enacted in proposed subsection 110.1(10) (definition of provincial court judge), including for the purposes of the new emergency weapons prohibition order and limitations on access regimes, as well as section 111.
	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.	Section 110.2 sets out a sealing order regime within the emergency weapons prohibition order regime. Proposed subsection 110.2(1) allows a judge, on application by the person who applied for an emergency prohibition order, or on the judge’s own motion to make an order prohibiting access to any information related to the order (sealing order) if needed to protect the security of the original applicant or anyone known to them. The sealing order would prohibit access to any information related to the Order. It would also prohibit access to information related to the warrant, search and seizure or other documents provided during the return to justice).
	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.	Subsection 110.2(2) would provide that the sealing order expires at the same time the original emergency expires (maximum 30 days) or is revoked. If revoked, the sealing order may expire prior to the expiry of the original order.
	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.	Subsection 110.2(3) would provide that if a hearing date for a longer-term prohibition order under section 111 of the Criminal Code is set, the sealing order expires on the date of the hearing for the longer-term prohibition order; or if the emergency prohibition order is revoked before the section 111 hearing date, on that day.
	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).	Subsection 110.2(4) sets out a “mini redaction” regime within the sealing provisions. It sets out the procedure to be followed when identifying information of the applicant or someone known to them is redacted from documents that must be publicly accessible (e.g., a warrant must be served on a person). If a sealing order is made, all documents related to the emergency order, the warrant or the return to a justice (on a warrantless search) must be copied and the originals set aside in a package and sealed immediately. It also provides that a court must store the package at the court where there is no public access or any other place to provide flexibility for storage purposes (e.g., archives). This procedure would ensure that the originals are kept in a packet and sealed and that the redacted documents are used when necessary (e.g., a redacted copy of the Order or warrant are served on the person posing a public safety risk).
	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.	Subsection 110.2(5) would allow an application to be made to revoke or vary the sealing order.
	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; an (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).	Section 110.3 sets out a redaction regime within the emergency weapons prohibition order regime. Subsection 110.3(1) would allow a judge, on application by the person who applied for an emergency weapons prohibition order, or on the judge’s own motion, to make an order to delete identifying information from documents relating the order if needed to protect the security of the applicant or anyone known to them. The redactions are made to copies of the documents, including the order itself, and those redacted copies are the ones that may be made available to the public or to be served on a person subject to an emergency order (e.g., warrant).
	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.	Subsection 110.3(2) sets out the duration of the redaction order. One can be made for a definite or indefinite period by the judge if they consider it necessary to protect the security of the person applying for the redaction order or anyone known to them.
	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).	Subsection 110.3(3) would set out the procedure to follow for the redaction process. Similar to the order denying access (sealing) provisions, this subsection sets out that if a redaction order is made — all documents must be copied and the originals set aside in a package and sealed. It also provides that a court must store the package at the Court where there is no public access or any other place to provide flexibility for storage purposes (e.g., archives
	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.	Subsection 110.3(4) would allow an application to be made to revoke or vary the redaction order.
	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.	Subsection 110.3(5) is a for greater certainty clause and indicates that any redaction order that is made applies in respect of a longer-term weapons prohibition order hearing (continues through until its expiry whether that is during the hearing or after the hearing, etc.)
	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.	Subsection 110.4(1) would give a judge, if ordering an emergency weapons prohibition order under subsection 110.1(3), the discretion to set a date for a hearing to determine whether a longer-term weapons prohibition order should be made under subsection 111(5) (prohibition order). Notice must be served on the person who is subject to the order.
	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).	Paragraph 110.4(2)(a) would deem an application under subsection 110.1(3) to be an application for the purposes of the longer-term prohibition order provisions in section 111. Paragraph 110.4(2)(b) would provide that where an individual makes an application, the Attorney General is deemed to be the applicant for the longer-term prohibition order. Notice must be provided to the Attorney General no later than 15 days before the hearing (subsection 110.4(4)).
	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.	Subsection 110.4(3) would provide that any longer-term weapon prohibition order hearing date must be fixed prior to the expiry of the emergency weapons prohibition order. A judge may adjourn the hearing upon application by the person against whom such an order is sought or the Attorney General.
	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.	If the underlying emergency prohibition order is revoked, proposed subsection 110.4(5) would provide for cancellation of the hearing for the longer-term prohibition order.
	(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.	Paragraphs (2) and (3) The amendment adds “firearm part” to the provision allowing for an application for an emergency prohibition weapons order in proposed section 110.1. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code) and would allow a judge to prohibit the possession of a firearm part when making an emergency order
	(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.	The amendment adds “firearm part” to the provision providing the power to a judge to issue an emergency weapons prohibition order in proposed 110.1. This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code) and would allow a judge to prohibit the possession of a firearm part when making an emergency order.
	(4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council.	The Red Flag regime in clause 4(1) comes into force (CIF) upon Royal Assent of the Bill. Clause 4(4) sets out the CIF for clauses 4(2) and (3), which add “firearm part” to the red flag regime emergency weapons prohibition application and order provisions within the provision: on a day to be fixed by order of the Governor in Council. The definition of “firearm part” set out in related clause 1(5) and clauses 4(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.	Clause 5 The amendment adds “firearm part” to subsection 111(1) (application for long-term prohibition order). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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.	The amendment adds “firearm part” to subsection 111 (5) (prohibition order). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code
	(3) Subsection 111(11) of the Act is repealed.	Clause 5(3) repeals the definition of provincial court judge in subsection 111(11). The definition is re-enacted in proposed subsection 110.1(9) (definition of provincial court judge), including for the purposes of the new emergency weapons prohibition order and limitations on access regimes, as well as section 111.
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.	Clause 6 would amend section 112 (revocation of prohibition order under sections 111(5)) to add a reference to new subsection 110.1(3) (emergency prohibition order). This is a consequential amendment to the proposed red flag regime. This would permit a person who is subject to an order under subsection 110.1(3) to apply to a provincial court judge to have it revoked. A judge could revoke the order if satisfied that the circumstances for which the order 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).	Clause 7 would amend subsection 113(4) (for greater certainty) to add a reference to new subsection 110.1(3) (emergency prohibition order) as a proceeding during which an order under section 113 (lifting of prohibition order for sustenance or employment) can be made. This is a consequential amendment to the proposed red flag regime. A competent authority can lift an order under section 113 (e.g., for sustenance hunting or where employment that requires a firearm is the only form of employment available to the person) only after taking into account certain factors (e.g., criminal record, public safety). An order made under section 113 does not revoke a weapons prohibition order; rather it allows a firearm to be possessed only for sustenance hunting or employment. The competent authority may also set out terms and conditions in an order made under section 113. A competent authority means the competent authority that made or has jurisdiction to make the prohibition order (the provincial court judge).
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.	Clause 8 Would amend section 115 (forfeiture) to add a reference to subsection 110.1(3) (emergency weapons prohibition order). This is a consequential amendment to the proposed red flag regime. The amendment would ensure that the items subject to the new emergency weapons prohibition order provisions are not forfeited to the Crown.
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.	Clause 9 would amend subsection 116(2) (duration of revocation or amendment) to add a reference to subsection 110.1(3) (emergency prohibition order). This is a consequential amendment to the proposed red flag regime. Section 116 ensures that any documents related to a thing that has been prohibited by an order under 515 (judicial interim release) are revoked or amended only for the length of the prohibition order. The amendment would add paragraph 110.1(2) (e.g., authorization, licence) so that documents relating to an item that is the subject of an emergency prohibition order would be revoked or amended only during the time the emergency weapon prohibition 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.	Clause 9.1 The amendment adds “firearm part” to subsection 117.01(1) (possession contrary to order). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
10	The Act is amended by adding the following after the heading 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.	Clause 10 proposes to enact a new “limitations on access regime,” which is part of the “red flag regime”. New subsection 117.0101(1) would allow for any individual to make an ex parte application for a limitations on access order against a person where the applicant believes on reasonable grounds that the other person: cohabits or associates with another person who is already subject to any type of prohibition order prohibiting possession of a firearm or other weapon (e.g., prohibited/restricted weapon); and the person subject to the prohibition order would have or might have access to anything that they are prohibited from possessing (e.g., a firearm). The limitation on access order is not a prohibition order and is made against a third party.
	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 anyone known to the applicant.	Subsection (2) would allow a judge to hold a hearing in private if the judge considers it necessary to protect the security of the applicant or 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.	Under proposed subsection 117.0101(3), the issuance of a limitations on access order must be made if a judge is satisfied after a hearing that the conditions in subsection (1) exist and that the order should be made without delay. The order can be made for up to a maximum period of 30 days. The judge can impose any terms and conditions on the use and possession of the thing that is subject to the order 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.	Notice of the order shall be served on the individual who is subject to an order, further to proposed subsection 117.0101(4).
	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.	The terms and conditions in the order must be as least intrusive as possible (117.0101(5)). This is because the order is made against a third party and not the individual who poses the public safety risk.
	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.	A judge may issue a search and seizure order under proposed subsection 117.0101(6) if they are satisfied that there are reasonable grounds that a person subject to a limitations on access order possesses a thing specified in the order in any establishment and that there is a public safety risk with the continued possession. Unlike the emergency prohibition order provisions, no documents are seized under this provision.
	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, where 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.	A warrantless search and seizure could be conducted pursuant to proposed subsection 117.0101(7) if the same grounds for a search and seizure under subsection 117.0101(6) exist but it would not be practicable to obtain a warrant because of danger to any 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.	Where a search and seizure is conducted, under proposed subsections 117.0101(6) or (7), the peace officer would be required to return to a judge to provide a list of things seized, in accordance with proposed subsection 117.0101(8). The peace officer must also provide the grounds relied upon to conduct the search and seizure, if conducted without a warrant.
	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.	Under proposed subsection 117.0101(9), a judge may require the person to surrender the item listed in the order for public safety reasons (e.g., a firearm, licence, registration certificate). A “reasonable period” to surrender the weapon must be specified in the order. This is similar to the requirement for an emergency weapon prohibition order under current section 114 of the Criminal Code. However, because the limitation on access order is not a prohibition order, the regime specifically sets this out.
	Condition (10) A provincial court judge may issue a warrant under subsection (6) or make an order under subsection (9) only if they are satisfied that there is no other way to ensure that the terms and conditions of the order made under subsection (3) can reasonably be complied with.	Under proposed subsection 117.0101(10), a warrant to search and seize or a requirement to surrender may only be issued if the judge is of the view that there is no other way to ensure the terms and conditions can be reasonably complied with. This is because the order is made against a third party and not the person that poses a public safety risk.
	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 under 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	Proposed subsection 117.0101(11) would allow for the return of thing seized or surrendered (e.g., firearm, licence and/or registration certificate) before expiry or revocation of the order, if the peace officer has reasonable grounds to believe that the person subject to the order (third party) will comply with the terms and conditions. If not returned under subsection 117.0101(11), proposed subsection 117.0101(12) would provide that the items must be returned upon the expiry or revocation of the emergency limitations on access order.
	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 under subsection (9) shall, unless already returned in accordance with 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 expiry of the period specified in the order made against the person under subsection (3). (d) any information relating to the order made under this subsection.	Section 117.0102 sets out a sealing order regime within the emergency limitation on access order regime
	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 made by the person who applied for the order or on the judge’s own motion, if the judge considers that it is needed to protect the security of the person or 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 subsection 117.0101(7); and (d) any information relating to the order made under this subsection.	Proposed subsection 117.0102(1) allows a judge, on application by the person who applied for an emergency limitation on access order (peace officer or individual), or on the judge’s own motion to make an order prohibiting access to information related to the order (sealing order) if needed to protect the security of the original applicant or anyone known to them. The sealing order would prohibit access to any information related to the order, a warrant, a search and seizure or the return to justice.
	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.	Subsection 117.0102(2) would provide that the sealing order expires at the same time as the original emergency order expires (maximum 30 days) or is revoked. If revoked, the sealing order may expire prior to the expiry of the original order.
	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.	Subsection 117.0102(3) would provide that if a section 117.011 hearing date for a longer-term limitation on access order under that section is set, the sealing order expires on the date of the longer term limitation on access 117.011 hearing; or if the emergency limitation on access order is revoked before the section 117.011 hearing date, on that day.
	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).	Subsection 117.0102(4) sets out a “mini redaction” within the sealing provisions. It sets out the procedure to be followed when identifying information of the applicant or someone known to them is redacted from documents that must be publicly accessible (e.g., a warrant must be served on a person). If a sealing order is made, all documents related to the limitation on access order, the warrant or the return to a justice (on a warrantless search) must be copied and the originals set aside in a package and sealed immediately. It also provides that a court must store the package at the court where there is no public access or any other place to provide flexibility for storage purposes (e.g., archives). This procedure would provide that the originals are kept in a packet and sealed and that the redacted documents are used when necessary (e.g., a redacted copy of the order or warrant are served on the person posing a public safety risk).
	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.	Subsection 117.0102(5) would allow an application to be made to revoke or vary the sealing order.
	Order to delete identifying information 117.0103 (1) If an order is made under subsection117.0101(3) or 117.0102(1), a provincial court judge may, on application made 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 needed to protect the security of the person or anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstance, 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).	Section 117.0103 sets out a redaction regime within the emergency limitation on access order regime. Subsection 117.0103(1) would allow a judge, on application by the person who applied for a limitation on access order, or on the judge’s own motion, to make an order to delete identifying information from documents relating to the order if needed to protect the security of the applicant or anyone known to them. The redactions are made to copies of the documents, including the order itself, and those redacted copies are the ones that may be made available to the public or to be served on a person subject to an emergency Order (e.g., warrant).
	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.	Subsection 117.0103(2) sets out the duration of the redaction order. One can be made for a definite or indefinite period by the judge if they consider it necessary to protect the security of the person applying for the redaction order or anyone known to them.
	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).	Subsection 117.0103(3) sets out the procedure to follow for the redaction process. Similar to the order denying access (sealing) provisions, this subsection sets out that if a redaction order is made - all documents must be copied and the originals set aside in a package and sealed. It also provides that a court must store the package at the court where there is no public access or any other place to provide flexibility for storage purposes (e.g., archives).
	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.	Subsection 117.0103(4) would allow an application to be made to revoke or vary the redaction order.
	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 continues to apply in respect of that hearing.	Subsection 117.0103(5) is a for greater certainty clause and indicates that any redaction order that is made applies in respect of a longer-term limitation on access order 117.011 hearing (continues through until its expiry whether that is during the hearing or after the hearing, etc.)
	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.	Proposed subsection 117.0104(1) would give a judge, if ordering an emergency weapons limitations on access order under 117.0101(3), the discretion to set a date for a longer-term order under proposed subsection 117.011(limitations on access). Notice must be served on the person who is subject to the order.
	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).	Except for the hearing of an application under 117.011(2), subsection 117.0104(2) would deem an application for an order under 117.011(2) to be an application for the purposes of the longer-term limitations on access order provisions in section 117.011 (application for order). It also provides that where an individual makes an application, the Attorney General is deemed to be the applicant for the longer term limitations on access order.
	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.	Proposed subsection 117.0104(3) provides that any longer-term limitations on access order hearing date must be fixed prior to the expiry of the emergency order. The judge may adjourn the hearing upon application by the person against whom such an order is sought or the Attorney General.
	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 the date fixed under subsection (1) to be served on that Attorney General.	Notice must be provided to the Attorney General no later than 15 days before the hearing, under proposed subsection 117.0104(4).
	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.	If the underlying order is revoked, the hearing for the longer term limitations on access order would be cancelled, as proposed in subsection 117.0104(5).
	(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	The amendment adds “firearm part” to paragraph 117.0101(1)(a) (application for an emergency limitation on access order). This amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council.	Clause 10(3) sets out the CIF for clause 10(2), which adds “firearm part” to the limitation on access order application provision. The definition of “firearm part” established in related clause 1(5) and clause 10(2) come 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	Clause 10.1 Paragraph 117.011(1)(a) sets out the ability of a court to issue a long-term limitation on access order. The amendment adds “firearm part” to the paragraph and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code). The definition of “firearm part” established in related clause 1(5) comes into force on a day to be fixed by order of the Governor in Council.
10.1	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 10.1(2) sets out the coming into force (CIF) of Clause 10.1(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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)	Clause 11 would replace section 117.012 (revocation of order under section 117.011 to add a reference to new subsection 117.0101(3) (emergency limitations on access order). This is a consequential amendment to Clause 10. The amendment would allow a person who is subject to an emergency limitations on access order issued under proposed subsection 117.0101(3) to apply to a provincial court judge to have it revoked. A judge could revoke the order under section 117.012 if satisfied that the circumstances for which the order 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,	Clause 11.1 The amendment adds the term “firearm part” to subsection 117.02(1) (search and seizure without a warrant where an offence is committed). The amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code). .
11.1	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 11.1(2) sets out the coming into force (CIF) of Clause 11.1(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 11.2 The amendment adds the term “firearm part” to subsections 117.04(1) and (2) (application for a warrant to search and seizure and search and seizure without a warrant). The amendment is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	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.	Clause 11.2(2) sets out the coming into force (CIF) of Clause 11.2(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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	Clause 11.3 The amendment adds the term “firearm part” to subsection 117.05(4) (forfeiture and prohibition order-application for disposition) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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.	The amendment adds the term “firearm part” to paragraph 117.05(4)(b) (list of items that a person can be prohibited from possessing included in a forfeiture and prohibition order on finding) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.	Clause 11.3(3) sets out the coming into force (CIF) of Clause 11.3(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill
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;	Clause 12(1) The amendment adds the term “firearm part” to paragraphs 117.07 (1) (b) and (c) (list of items public officers can possess, etc., in the course of their duty) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 12(2) sets out the coming into force (CIF) of Clause 12(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
	(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.	Clause 12(3) would amend subsection 117.07(2) to add security personnel employed by the Bank of Canada or the Royal Canadian Mint as “public officers”to facilitate their security needs. It would also expand the enabling authority to permit security personnel of Crown entities to be prescribed as “public officers” in the future. The amendment would provide the Governor-in-Council the power to prescribe public officers for Crown entities in the future. This enabling power currently exists for employees of any level of government and the amendment would expand it to cover federal Crown entities that are not part of the public administration.
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	Clause 12.1 The amendment adds the term “firearm part” to paragraphs 117.071 (b) and (c) (list of items preclearance officers can possess, etc. in the course of their duty) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
12.1	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 12.1(2) sets out the coming into force (CIF) of Clause 12.1(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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,	Clause 12.2 The amendment adds the term “firearm part” to paragraphs 117.08 (b) and (c) (list of items individuals can possess, etc., if they do so on behalf of a police force, Canadian Force, visiting force or a government department) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
12.2	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 12.2(2) sets out the coming into force (CIF) of Clause 12.2(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 12.3 The amendment adds the term “firearm part” to subsection 117.09 (3) (list of items employees of a business with a licence can possess, etc. in the course of their duties) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
12.3	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 12.3(2) sets out the coming into force (CIF) of Clause 12.3(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
13	*(1) Paragraph (a) of the definition offence* in section 183 of the Act is amended by (a) adding the following after subparagraph (xvii.91): (xvii.92) section 92 (possession of firearm knowing its possession is unauthorized), (xvii.93)** section 95 (possession of prohibited or restricted firearm with ammunition),	Clause 13 Clause 13(1) would amend paragraph (a) of the definition of “offence” in section 183 to add a reference to the proposed new offence in sections 92 and 95. This change would enable law enforcement to obtain a wiretap for the purpose of investigating the offences.
	(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),	Clause 13(1.1) would amend paragraph (a) of the definition of “offence” in section 183 to add a reference to the proposed new offence in section 102.1. This change would enable law enforcement to obtain a wiretap for the purpose of investigating the proposed new offence.
	(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)	Clause 13(2) would amend paragraph (a) of the definition of “offence” in section 183 to add a reference to the proposed new offence in section 104.1. This change would enable law enforcement to obtain a wiretap for the purpose of investigating the proposed new offence.
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,	Clause 13.1 The amendment adds the term “firearm part” to paragraphs 491(1)(a) and (b) (forfeiture of weapons and ammunition where used in the commission of an offence or is the subject matter of the offence) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.1	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.1(2) sets out the coming into force (CIF) of Clause 13.1(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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;	Clause 13.2 The amendment adds the term “firearm part” to paragraph 501(3)(h) (contents of an undertaking) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.2	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.2(2) sets out the coming into force (CIF) of Clause 13.2(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.3 The amendment adds the term “firearm part” to the portion of subsection 515(4.‍1) of the Act after paragraph (c)(condition prohibiting possession of firearms, etc. on judicial interim release (bail)) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(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);	The amendment adds the term “firearm part” to subparagraph 515(6)(a)(vii) of the Act (reverse onus on judicial interim release (bail) where the offence involves or whose subject matter is a firearm, etc.) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
	(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.	Clause 13.3(3) sets out the coming into force (CIF) of Clauses 13.3(1) and (2) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.4 The amendment adds the term “firearm part” to subsection 810 (3.1) of the Act (list of items that a person can be prohibited from possessing that can be added to a condition to keep the peace) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.4	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.4(2) sets out the coming into force (CIF) of Clause 13.4(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.5 The amendment adds the term “firearm part” to subsection 810.01 (5) of the Act (list of items that a person can be prohibited from possessing that can be added to a recognizance/peace bond) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.5	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.5(2) sets out the coming into force (CIF) of Clause 13.5(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.6 The amendment adds the term “firearm part” to subsection 810.011(7) of the Act (list of items that a person can be prohibited from possessing that can be added to a terrorism recognizance/peace bond) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.6	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.6(2) sets out the coming into force (CIF) of Clause 13.6(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.7 The amendment adds the term “firearm part” to subsection 810.02(7) of the Act (list of items that a person can be prohibited from possessing that can be added to a fear of forced marriage recognizance/peace bond) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.7	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.7(2) sets out the coming into force (CIF) of Clause 13.7(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.8 The amendment adds the term “firearm part” to subsection 810.1(3.03) of the Act (list of items that a person can be prohibited from possessing that can be added to a fear of sexual offence recognizance/peace bond) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.8	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.8(2) sets out the coming into force (CIF) of Clause 13.8(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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.	Clause 13.9 The amendment adds the term “firearm part” to subsection 810.2(5) of the Act (list of items that a person can be prohibited from possessing that can be added to a fear of serious personal injury recognizance/peace bond) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.9	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.9(2) sets out the coming into force (CIF) of Clause 13.9(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
13.10	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).	Clause 13.10 The amendment adds the term “firearm part” to Form 10 of the Act (Undertaking) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.10	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.10(2) sets out the coming into force (CIF) of Clause 13.10(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill.
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).	Clause 13.11 The amendment adds the term “firearm part” to Form 11 of the Act (Release Order) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.11	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.11(2) sets out the coming into force (CIF) of Clause 13.11(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill.
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);	Clause 13.12 The amendment adds the term “firearm part” to Form 32 of the Act (Recognizance) and is consequential to related Clause 1(5), which adds a definition of “firearm part” in subsection 84(1) (definitions for Part III of the Criminal Code).
13.12	(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.	Clause 13.12(2) sets out the coming into force (CIF) of Clause 13.12(1) within the provision: on a day to be fixed by order of the Governor in Council. Related Clause 73 sets out the CIF of some provisions in the Bill. Where the CIF is not set out in either the provision itself or in Clause 73, the provision comes into force upon Royal Assent of the Bill
14	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).	Clause 14 would amend five Criminal Code offences to increase their maximum penalties of imprisonment from 10 to 14 years imprisonment, when proceeded with by indictment, sections: 95 (possession of a prohibited or restricted firearm with ammunition), 96 (possession of weapon obtained by commission of crime), 99 (weapons trafficking), 100 (possession for purpose of weapons trafficking), and 103 (importing or exporting knowing it is unauthorized).
14.1	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.	Clause 14.1 This amendment proposes to provide a transitional clause for ongoing proceedings in the criminal justice system to ensure there are no unintended consequences as a result of the amended definition of “prohibited firearm” in subsection 84(1). The transitional clause will provide clarity for justice system participants that if a proceeding has commenced, before the coming into force of the amendments to the definition of prohibited firearm, references to a firearm in the former firearms classification regulations shall remain a reference to that firearm until the proceedings have concluded. It would also provide clarity that if proceedings have commenced in respect of an unlawfully manufactured firearm prior to the coming into force of the amendments to the definition of prohibited firearm, the unlawfully manufactured firearm will be treated according to its prior classification until the proceedings are concluded.
14.2	Review and Report Review by House of Commons committee (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.	Clause 14.2 provides for a review of the technical definition of prohibited firearm proposed in related Clause 1(2) five years after the provision comes into force. The provision also provides that the House of Commons must submit a report on the review within one year, or further time authorized by it, after the review is commenced.

Date modified:: 2024-01-24

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Parliamentary Committee Notes: Clause by clause analysis