Imitation Firearms Regulation Act, 2000, S.O. 2000, c. 37, Imitation Firearms Regulation Act, 2000
Imitation Firearms Regulation Act, 2000
Consolidation Period:听 From October 8, 2020 to the .
Last amendment: 2020, c. 11, Sched. 17, s. 7.
Legislative History: 2020, c. 11, Sched. 17, s. 7.
Definitions
1 In this Act,
鈥渃onvertible starter pistol鈥 means a device designed for signalling that,
(a) discharges a blank cartridge,
(b) can be adapted for use as a firearm, and
(c) when so adapted can discharge a live cartridge; 听(鈥減istolet de d茅part convertible鈥)
鈥渄eactivated firearm鈥 means a device that,
(a) was designed or adapted to discharge,
(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 metres per second, or
(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 metres per second, and
(b) has been permanently altered so that it is no longer capable of discharging any shot, bullet or other projectile; (鈥渁rme 脿 feu neutralis茅e鈥)
鈥渇irearm鈥 means a firearm as defined in section 2 of the Criminal Code (Canada);听 (鈥渁rme 脿 feu鈥)
鈥渋mitation firearm鈥 includes any object other than a starter pistol to which section 2 applies or a deactivated firearm to which section 3 applies, if the object,
(a) could reasonably be mistaken for a firearm but is not a firearm or a replica firearm as defined in section 84 of the Criminal Code (Canada), or
(b) is a firearm but is not designed or adapted to discharge,
(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 metres per second, or
(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 metres per second;听 (鈥渇ausse arme 脿 feu鈥)
鈥渢ransfer鈥 includes provide, barter, give, lend, lease or rent.听 (鈥渃ession鈥, 鈥渃茅der鈥)听 2000, c.听37, s.听1.
Restriction re transfer
2 (1) No person shall buy, receive by transfer, sell or transfer a convertible starter pistol.听 2000, c.听37, s.听2听(1).
Search and seizure
(2) If a person has sold or transferred a convertible starter pistol contrary to subsection (1) or is suspected of having done so, subsection 158 (1) of the Provincial Offences Act shall be deemed to permit a justice of the peace issuing a warrant to authorize the police officer or person named in the warrant to search for, seize and carry before a justice of the peace not only the convertible starter pistol that the person sold or transferred but also any other convertible starter pistols in the person鈥檚 possession for the purpose of sale or transfer. 听2000, c.听37, s.听2听(2).
Offence
(3) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000.听 2000, c.听37, s.听2听(3).
Forfeiture
(4) If a person is convicted of an offence under subsection (3), the court shall also order any convertible starter pistol seized from that person under subsection (2) or at common law forfeited to the Crown.听 2000, c.听37, s.听2听(4).
Restriction re purchase of deactivated firearm
3 (1) No individual shall purchase or receive by transfer a deactivated firearm unless he or she is at least 18 years of age and at the time of purchase or receipt presents valid identification in accordance with section 5.听 2000, c.听37, s.听3听(1).
Restriction re sale of deactivated firearm
(2) No person shall sell or transfer a deactivated firearm to an individual unless the individual is at least 18 years of age and presents valid identification in accordance with section 5.听 2000, c.听37, s.听3听(2).
Reliance on documentation
(3) A person who sells or transfers a deactivated firearm to an individual on the basis of the documentation described in section 5 is not in contravention of subsection (2) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the individual providing it.听 2000, c.听37, s.听3听(3).
Search and seizure
(4) If a person has sold or transferred a deactivated firearm contrary to subsection (2) or is suspected of having done so, subsection 158 (1) of the Provincial Offences Act shall be deemed to permit a justice of the peace issuing a warrant to authorize the police officer or person named in the warrant to search for, seize and carry before a justice of the peace not only the deactivated firearm that the person sold or transferred but also any other deactivated firearms in the person鈥檚 possession for the purpose of sale or transfer.听 2000, c.听37, s.听3听(4).
Offence
(5) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.听 2000, c.听37, s.听3听(5).
Forfeiture
(6) If a person is convicted of an offence under subsection (5), the court shall also order any deactivated firearms seized from that person under subsection (4) or at common law forfeited to the Crown.听 2000, c.听37, s.听3听(6).
Restriction re sale of imitation firearms
4 (1) No person shall, in the course of running a business, sell or transfer an imitation firearm to an individual unless the individual is at least 18 years of age and presents valid identification in accordance with section 5.听 2000, c.听37, s.听4听(1).
Exception
(2) Subsection (1) does not apply with respect to a temporary transfer of an imitation firearm to an individual to permit the individual to use the imitation firearm on the business premises or in an area that is under the control of the business.听 2000, c.听37, s.听4听(2).
Reliance on documentation
(3) A person who sells or transfers an imitation firearm to an individual on the basis of the documentation described in section 5 does not contravene subsection (1) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the individual providing it.听 2000, c.听37, s.听4听(3).
Search and seizure
(4) If a person has sold or transferred an imitation firearm contrary to subsection (1) or is suspected of having done so, subsection 158 (1) of the Provincial Offences Act shall be deemed to permit a justice of the peace issuing a warrant to authorize the police officer or person named in the warrant to search for, seize and carry before a justice of the peace not only the imitation firearm that the person sold or transferred but also any other imitation firearms in the person鈥檚 possession for the purpose of sale or transfer.听 2000, c.听37, s.听4听(4).
Offence
(5) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $15,000.听 2000, c.听37, s.听4听(5).
Forfeiture
(6) If a person is convicted of an offence under subsection (5), the court may also order any imitation firearms seized from that person under subsection (4) or at common law forfeited to the Crown.听 2000, c.听37, s.听4听(6).
Identification
5 (1) Either of the following two types of identification is acceptable for the purposes of sections 3 and 4:
1. Valid identification issued as required by subsection (2) that has the individual鈥檚 photograph and age or date of birth.
2. Valid identification issued as required by subsection (2) that has the individual鈥檚 age or date of birth and a valid permit issued by the chief firearms officer for 澳门永利 that states that the individual named in the permit may purchase a deactivated firearm, imitation firearm or both, as the case may be, without presenting photo identification. 2000, c.听37, s.听5听(1).
Issuance of identification
(2) Identification for the purposes of paragraph 1 of subsection (1) must be issued by,
(a) the Government of Canada;
(b) the government of a province or territory in Canada;
(c) a municipality in Canada;
(d) an agency, board or commission of a government or municipality described in clause (a), (b) or (c); or
(e) a foreign government or an agency of a foreign government. 2000, c.听37, s.听5听(2).
Issuance of permit
(3) The permit described in paragraph 2 of subsection (1) shall be issued to every听 applicant who is at least 18 years old and who submits to the chief firearms officer for 澳门永利 a document,
(a) stating that the applicant objects on religious grounds to having his or her photograph taken; and
(b) signed by a person who is of the same religion as the applicant and who is eligible under subsection 20.1 (1) or 20.3 (1) of the Marriage Act to be registered as a person authorized to solemnize marriage. 2000, c.听37, s.听5听(3); 2020, c. 11, Sched. 17, s. 7.
Same
(4) The document required under subsection (3) shall be in a form provided or approved by the chief firearms officer for 澳门永利. 2000, c.听37, s.听5听(4).
Section Amendments with date in force (d/m/y)
2020, c. 11, Sched. 17, s. 7 - 08/10/2020
6 Omitted (provides for coming into force of provisions of this Act). 2000, c.听37, s.听6.
7 Omitted (enacts short title of this Act). 2000, c.听37, s.听7.
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