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Bill C-68

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R.S., c. 41 (3rd Supp.)

Customs Tariff

1991, c. 40, s. 42; 1993, c. 25, s. 28

169. Code 9965 of Schedule VII to the Customs Tariff is replaced by the following:

9965 1. For the purposes of this Code:

    (a) ``firearm'' and ``weapon'' have the meanings assigned by section 2 of the Criminal Code;

    (b) ``automatic firearm'', ``licence'', ``prohibited ammunition'', ``prohibited device'', ``prohibited firearm'', ``prohibited weapon'', ``restricted firearm'' and ``restricted weapon'' have the meanings assigned by subsection 84(1) of the Criminal Code;

    (c) ``public officer'' has the meaning assigned by subsection 117.07(2) of the Criminal Code;

    (d) ``business'', ``carrier'' and ``non-resident'' have the meanings assigned by subsection 2(1) of the Firearms Act; and

    (e) ``visiting force'' has the meaning assigned by section 2 of the Visiting Forces Act.

2. Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this code referred to as ``prohibited goods'', but does not include the following:

    (a) prohibited goods imported by

      (i) a public officer in the course of the public officer's duties or employment, or

      (ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province,

    (b) prohibited goods imported through a prescribed port by a business that meets the requirements set out in sections 43, 46 and 47 of the Firearms Act;

    (c) prohibited goods, or any class of prohibited goods, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code;

    (d) any weapon that, pursuant to subsection 84(3) of the Criminal Code, is deemed not to be a firearm;

    (e) any firearm, other than a prohibited firearm, imported by

      (i) a non-resident who meets the requirements of section 35 of the Firearms Act, or

      (ii) an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (c) of that Act and, where the firearm was exported in accordance with section 38, paragraph 40(1)(b) of that Act;

    (f) any prohibited firearm imported by an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (b) and subsection 40(4) of the Firearms Act;

    (g) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued pursuant to section 8 of the Export and Import Permits Act;

    (h) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and

    (i) arms, military stores, munitions of war, or classes thereof, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code.

R.S., c. E-17

Explosives Act

170. Section 29 of the Explosives Act is replaced by the following:

Obligation to comply with other laws

29. Nothing in this Act relieves any person of the obligation to comply with the requirements of any Act of Parliament relating to explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the possession, storage, handling, sale or transportation of explosives, or of any liability or punishment imposed for any contravention thereof.

R.S., c. E-19

Export and Import Permits Act

1991, c. 28, s. 2

171. Section 4.1 of the Export and Import Permits Act is replaced by the following:

Automatic Firearms Country Control List

4.1 The Governor in Council may establish a list of countries, to be called an Automatic Firearms Country Control List, including therein only countries with which Canada has an intergovernmental defence, research, development and production arrangement and to which the Governor in Council deems it appropriate to permit the export of

    (a) a prohibited firearm described in paragraph (c) or (d) of the definition ``prohibited firearm'' in subsection 84(1) of the Criminal Code,

    (b) a prohibited weapon described in paragraph (b) of the definition ``prohibited weapon'' in subsection 84(1) of the Criminal Code, or

    (c) a prohibited device described in paragraph (a) or (d) of the definition ``prohibited device'' in subsection 84(1) of the Criminal Code,

or any component or part of any such thing, that is included in an Export Control List.

1991, c. 28, s. 3

172. The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following:

Export permit for automatic firearm

(2) The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless

1991, c. 28, s. 4

173. Subsection 15(2) of the Act is replaced by the following:

Diversion, etc., of automatic firearms

(2) No person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part designed exclusively for assembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List.

R.S., c. I-21

Interpretation Act

174. Subsection 35(1) of the Interpretation Act is amended by adding the following in alphabetical order:

``territory''
« territoires »

``territory'' means the Yukon Territory, the Northwest Territories and, after section 3 of the Nunavut Act comes into force, Nunavut;

R.S, c. N-5

National Defence Act

175. (1) Section 2 of the National Defence Act is renumbered as subsection 2(1).

(2) The definition ``possession'' in subsection 2(1) of the Act is repealed.

(3) Section 2 of the Act is amended by adding the following after subsection (1):

Meaning of ``possession''

(2) For the purposes of the Code of Service Discipline and Part XII,

    (a) a person has anything in possession when the person has it in the person's personal possession or knowingly

      (i) has it in the actual possession or custody of another person, or

      (ii) has it in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and

    (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in the person's custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

176. The Act is amended by adding the following after section 147:

Prohibition Orders

Prohibition order

147.1 (1) Where a person is convicted by a court martial of an offence

    (a) in the commission of which violence against a person was used, threatened or attempted,

    (b) that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance,

    (c) relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act, or

    (d) that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code,

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

Duration of prohibition order

(2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order.

Application of order

(3) Unless the order specifies otherwise, an order made under subsection (1) against a person does not apply to prohibit the possession of any thing in the course of the person's duties or employment as a member of the Canadian Forces.

Notification

(4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order.

Requirement to surrender

147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the person against whom the order is made to surrender to an officer or non-commissioned member appointed under the regulations for the purposes of section 156, or to the person's commanding officer,

    (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

    (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the court martial does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 of the Criminal Code does not apply to that person.

Forfeiture

147.3 (1) Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty.

Disposal

(2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs.

Authorization s revoked or amended

147.4 Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

Return to owner

147.5 Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made,

    (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and

    (b) had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made,

the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

R.S., c. Y-1

Young Offenders Act

R.S., c. 24 (2nd Supp.), s. 1

177. The definition ``disposition'' in subsection 2(1) of the Young Offenders Act is replaced by the following:

``disposition''
« décision »

``disposition'' means a disposition made under any of sections 20, 20.1 and 28 to 32, and includes a confirmation or a variation of a disposition;

178. Paragraph 20(1)(h) of the Act is replaced by the following:

    (h) subject to section 20.1, make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made thereunder where an accused is found guilty or convicted of that offence;

179. The Act is amended by adding the following after section 20:

Mandatory prohibition order

20.1 (1) Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2).

Duration of prohibition order

(2) An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person's release from custody after being found guilty of the offence or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence.

Discretionary prohibition order

(3) Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

Duration of prohibition order

(4) An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person's release from custody or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence.

Definition of ``release from imprisonment ''

(5) In paragraph (2)(a) and subsection (4), ``release from custody'' means a release from custody in accordance with this Act, other than a release from custody under subsection 35(1), and includes the commencement of conditional supervision or probation.

Reasons for the prohibition order

(6) Where a youth court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall

    (a) provide or cause to be provided a copy of the order, and

    (b) on request, provide or cause to be provided a transcript or copy of the reasons for making the order

to the young person against whom the order was made, the young person's counsel and parents and the provincial director.

Reasons

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

Application of Criminal Code

(8) Sections 113 to 117 of the Criminal Code apply in respect of any order made under this section.

Report

(9) Before making any order referred to in section 113 of the Criminal Code in respect of a young person, the youth court may require the provincial director to cause to be prepared, and to submit to the youth court, a report on the young person.

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