Order Declaring an Amnesty Period (2020): SOR/2020-97

Canada Gazette, Part II, Volume 154, Extra Number 3

Registration

SOR/2020-97 May 1, 2020

CRIMINAL CODE

P.C. 2020-299 May 1, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 117.14(1) ^{footnote a} of the Criminal Code ^{footnote b}, makes the annexed Order Declaring an Amnesty Period (2020).

Order Declaring an Amnesty Period (2020)

Definitions

1 The following definitions apply in this Order.

• specified device means a prohibited device referred to in item 4 of Part 4 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. (dispositif visé)
• specified firearm means a prohibited firearm referred to in any of paragraphs 83(a) to (p) or any of items 87 to 96 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. (arme à feu visée)

Amnesty

2 (1) The amnesty period set out in subsection (3) is declared under section 117.14 of the Criminal Code for

• (a) a person who,
  • (i) on the day on which this Order comes into force, owns or possesses a specified firearm and holds a licence that was issued under the Firearms Act,
  • (ii) at any time during the amnesty period, is in possession of the specified firearm,
  • (iii) during the amnesty period, continues to hold the licence while in possession of the specified firearm, and
  • (iv) if the specified firearm was, on the day before the day on which this Order comes into force, a restricted firearm, held on the day before the day on which this Order comes into force, a registration certificate for the specified firearm that was issued under the Firearms Act; or
• (b) a person who,
  • (i) owns or possesses a specified device on the day on which this Order comes into force, and
  • (ii) at any time during the amnesty period, is in possession of the specified device.

Purpose

(2) The purpose of the amnesty period is to permit the person to

• (a) deactivate the specified firearm so that it is no longer a firearm or deactivate the specified device so that it is no longer a prohibited device;
• (b) deliver the specified firearm or specified device to a police officer for destruction or other disposal;
• (c) if the person is not the owner of the specified firearm or specified device, deliver it to its owner;
• (d) export the specified firearm or specified device in accordance with all applicable legal requirements, including the legal requirements of the country to which it is exported;
• (e) if the person is a business, as defined in subsection 2(1) of the Firearms Act, return the specified firearm or specified device to the manufacturer;
• (f) transport the specified firearm or specified device by vehicle, for the purpose of doing any of the things described in paragraphs (a) to (e), by a route that, in all the circumstances, is reasonably direct, as long as, during transportation,
  • (i) in the case of a firearm, it is unloaded and no ammunition is present in the vehicle,
  • (ii) the firearm or device is in the trunk of the vehicle or, if there is no trunk, the firearm or device is not visible from outside the vehicle, and
  • (iii) the vehicle is not left unattended;
• (g) before doing any of the things described in paragraphs (a) to (f), store the specified firearm in accordance with section 5 or 6 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations according to the classification of the firearm on the day before the day on which it became a prohibited firearm;
• (h) transport the specified firearm by vehicle, for the purpose of doing the thing described in paragraph (g), by a route that, in all the circumstances, is reasonably direct, as long as, during transportation,
  • (i) the firearm is unloaded and no ammunition is present in the vehicle,
  • (ii) the firearm is in the trunk of the vehicle or, if there is no trunk, the firearm is not visible from outside the vehicle, and
  • (iii) the vehicle is not left unattended;
• (i) if the specified firearm was, on the day before the day on which this Order comes into force, a non-restricted firearm, use it to hunt in the exercise of a right recognized and affirmed by section 35 of the Constitution Act, 1982 or to sustain the person or their family — until they are able to obtain another firearm for that use — and, for that purpose, transport the firearm in accordance with section 10 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations; and
• (j) possess the specified firearm or specified device before doing any of the things described in paragraphs (a) to (i).

Amnesty period

(3) The amnesty period begins on the day on which this Order comes into force and ends on April 30, 2022.

Coming into force

3 This Order comes into force on the day on which it is made.

N.B. The Regulatory Impact Analysis Statement for this Order appears following SOR/2020-96, Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted.