Definitions

1   In this Act:

"adult" means an individual who is 18 years of age or older;

"ammunition", in relation to a firearm, means prohibited ammunition or any other shot, bullet or projectile designed to be discharged from the firearm;

"boat" means a vessel or other craft in, on or by which a person or thing may be transported or drawn on water;

"cartridge magazine" means a device or container from which ammunition may be fed into the firing chamber of a firearm;

"federal Act" means the Firearms Act (Canada);

"federal licence" means a licence issued under the federal Act;

"firearm" has the same meaning as in section 2 of the Criminal Code;

"imitation firearm" means an object, other than a prescribed object, that could reasonably be mistaken to be a firearm but is not a firearm;

"loaded", in relation to a firearm, means ammunition is in any of the following:

(a) the breach or firing chamber of the firearm;

(b) a non-detachable cartridge magazine that is inside the firearm;

(c) a cartridge magazine that is attached to a hinged floor plate of the firearm;

(d) a detachable cartridge magazine that is inside or attached to the firearm;

(e) a prescribed part of

(i) the firearm, or

(ii) a cartridge magazine that is inside or attached to the firearm;

"low-velocity firearm" means a firearm that is not designed or adapted to do any of the following:

(a) discharge a shot, bullet or other projectile

(i) at a muzzle velocity of more than 152.4 metres per second, or

(ii) at a muzzle energy of more than 5.7 joules;

(b) discharge a shot, bullet or other projectile that is designed or adapted to attain

(i) a velocity of more than 152.4 metres per second, or

(ii) an energy of more than 5.7 joules;

"minor" means an individual who is under 18 years of age;

"possession" has the same meaning as in section 4 (3) of the Criminal Code;

"vehicle" means any of the following:

(a) mobile equipment within the meaning of section 1 [definitions] of the Motor Vehicle Act;

(b) a motor assisted cycle within the meaning of section 1 of the Motor Vehicle Act;

(c) a vehicle within the meaning of section 1 of the Motor Vehicle Act;

(d) an off-road vehicle within the meaning of section 1 [definitions] of the Off-Road Vehicle Act;

(e) a road building machine within the meaning of section 1 [definitions] of the Commercial Transport Act;

(f) a bicycle or other device

(i) that is designed to be moved by human power, and

(ii) in, on or by which a person or thing is or may be transported on a highway;

(g) a device

(i) that is used exclusively on stationary rails or tracks, and

(ii) in, on or by which a person or thing is or may be transported;

(h) a device

(i) that is of a prescribed type, and

(ii) in, on or by which a person or thing is or may be transported.

Definitions incorporated from section 84 of Criminal Code

2   In this Act, the following words and expressions have the same meaning as in section 84 (1) of the Criminal Code:

(a) non-restricted firearm;

(b) prohibited ammunition;

(c) prohibited device;

(d) prohibited firearm;

(e) restricted firearm.

Prohibition against using, transporting, carrying or storing firearm in unsafe manner

3   A person must not use, transport, carry or store a firearm in a manner that

(a) poses a risk to the life or safety of an individual, or

(b) poses a risk of damage to property.

Prohibition and requirements respecting firearm or imitation firearm in vehicle or boat

4   (1) A person must not transport, carry or store a loaded firearm in or on a vehicle or boat.

(2) A person who is transporting, carrying or storing a low-velocity firearm or imitation firearm in or on a vehicle or boat must transport, carry or store the low-velocity firearm or imitation firearm in accordance with the regulations.

(3) For certainty, for the purposes of subsection (1), a firearm is loaded even if the firearm is temporarily incapable of being discharged.

(4) For certainty, for the purposes of subsection (1), a muzzle-loaded firearm is loaded if all of the following apply:

(a) a firing cap or flint is inside or attached to the firearm;

(b) a powder charge is in the barrel or cylinder of the firearm;

(c) the firearm is primed to discharge.

Prohibition against discharging firearm from vehicle or boat

5   (1) A person must not discharge a firearm in, on or from a vehicle or boat.

(2) [Not in force.]

Prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle

6   (1) Despite the definition of "vehicle" in section 1 [definitions], in this section, "vehicle" does not include any of the following:

(a) a device used exclusively on stationary rails or tracks in, on or by which a person or thing is or may be transported;

(b) a prescribed vehicle, machine or device.

(2) A person must not operate a vehicle if any of the following is in or on the vehicle:

(a) a non-restricted firearm, prohibited firearm or restricted firearm;

(b) prohibited ammunition;

(c) a prohibited device.

(3) If any firearm, ammunition or device referred to in subsection (2) is in or on a vehicle, a person who operates the vehicle contravenes subsection (2) whether or not the vehicle is in motion.

Exemption if certain firearms, ammunition or devices authorized under federal Act

7   A person does not contravene section 6 (2) if, in respect of the non-restricted firearm, prohibited firearm, restricted firearm, prohibited ammunition or prohibited device that is in or on the vehicle,

(a) the person or another occupant of the vehicle is authorized under the federal Act to possess the firearm, ammunition or device,

(b) in the case of a prohibited firearm or restricted firearm that is in or on the vehicle, the person or another occupant of the vehicle is authorized under the federal Act to transport and, if applicable, carry the firearm, and

(c) the firearm, ammunition or device is being transported, carried or stored in a manner that complies with requirements under the federal Act.

Prohibition against causing public disturbance with low-velocity firearm or imitation firearm

8   (1) In this section, "public place" means

(a) any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry, and

(b) any vehicle or boat located in

(i) a place referred to in paragraph (a), or

(ii) any outdoor place open to public view.

(2) A person must not use, carry or store a low-velocity firearm or imitation firearm in a manner that causes or is likely to cause a disturbance in a public place.

Prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition

9   (1) Despite the definition of "ammunition" in section 1 [definitions], in subsection (2) (e) of this section, "ammunition" has the same meaning as in section 84 (1) of the Criminal Code.

(2) A person must not possess a low-velocity firearm or imitation firearm if, by order under the Criminal Code or the Youth Criminal Justice Act (Canada), the person is prohibited from possessing any of the following:

(a) a non-restricted firearm, prohibited firearm or restricted firearm;

(b) a cross-bow within the meaning of section 84 (1) of the Criminal Code;

(c) a prohibited weapon or restricted weapon within the meaning of section 84 (1) of the Criminal Code;

(d) a prohibited device;

(e) ammunition or prohibited ammunition;

(f) an explosive substance within the meaning of section 2 of the Criminal Code.

Exemptions for designated officials and prescribed exemptions

10   (1) In this section:

"designated official" means an individual who is any of the following:

(a) a peace officer, other than a mayor, as described in paragraph (a), (b) or (c) of the definition of "peace officer" in section 29 [expressions defined] of the Interpretation Act;

(b) a conservation officer within the meaning of section 1 (1) [definitions] of the Environmental Management Act;

(c) a wildlife officer;

(d) a park officer or park ranger within the meaning of section 1 [definitions] of the Park Act;

(e) an employee of an armoured car guard service within the meaning of section 1 [definitions] of the Security Services Act;

(f) a prescribed person;

"wildlife officer" means an individual who is any of the following:

(a) an assistant director, director or regional manager within the meaning of section 1 (1) [definitions and interpretation] of the Wildlife Act;

(b) a prescribed officer or employee of the government.

(2) A designated official who carries out an action that would otherwise contravene any of the following provisions does not contravene the provision if the action is lawful for the purposes of exercising the designated official's powers or performing the designated official's duties:

(a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner];

(b) section 4 (1) or (2) [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat];

(c) section 5 (1) [prohibition against discharging firearm from vehicle or boat];

(d) section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle];

(e) section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation firearm].

(3) The regulations may establish exemptions in relation to a prohibition or requirement under section 3, 4, 5 (1), 6 (2), 8 (2) or 9 (2).

Prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor

11   (1) A person must not sell or offer to sell a low-velocity firearm or imitation firearm to a minor.

(2) A person must not sell or offer to sell ammunition for a low-velocity firearm to a minor.

(3) A person must not rent or offer to rent, or supply or offer to supply, for consideration, any of the following to a minor:

(a) a low-velocity firearm;

(b) an imitation firearm;

(c) ammunition for a low-velocity firearm.

Exemption if minor produces credible false identification or false federal licence

12   (1) A person does not contravene section 11 (1), (2) or (3) if

(a) at the person's request, the minor produces prescribed identification, and

(b) after examining the prescribed identification produced by the minor, the person reasonably believes that

(i) the identification is authentic, and

(ii) the minor is an adult.

(2) A person does not contravene section 11 (1), (2) or (3) if

(a) the minor produces to the person a federal licence, and

(b) after examining the federal licence produced by the minor, the person reasonably believes that the minor is authorized to possess firearms under that federal licence.

Exemption for certain sporting or recreational facilities

13   (1) A person who operates a facility that provides sporting or recreational activities involving the use of low-velocity firearms does not contravene section 11 (2) or (3) (a) or (c) [prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor] if,

(a) in the case of section 11 (2) or (3) (c), the minor will be using the ammunition in or on the premises of the facility, or

(b) in the case of section 11 (3) (a), the minor will be using the low-velocity firearm only in or on the premises of the facility.

(2) A person who operates a facility that provides sporting or recreational activities involving the use of imitation firearms does not contravene section 11 (3) (b) if the minor will be using the imitation firearm only in or on the premises of the facility.

Prohibition and requirements respecting minor transporting, carrying or storing low-velocity or imitation firearm

14   (1) A minor must not transport, carry or store a loaded low-velocity firearm.

(2) A minor who is transporting, carrying or storing a low-velocity firearm or imitation firearm must transport, carry or store the low-velocity firearm or imitation firearm inside an opaque container that is locked.

(3) If a minor is transporting, carrying or storing a low-velocity firearm or imitation firearm in or on a vehicle or boat, section 4 [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat] applies instead of this section.

(4) For certainty, for the purposes of subsection (1), a low-velocity firearm is loaded even if the low-velocity firearm is temporarily incapable of being discharged.

Not in force

15   [Not in force.]

Prescribed exemptions in relation to prohibitions and requirements respecting minors

16   The regulations may establish exemptions in relation to a prohibition or requirement under any of the following provisions:

(a) section 11 [prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor];

(b) section 14 [prohibition and requirements respecting minor transporting, carrying or storing low-velocity or imitation firearm].

Definitions for Part 3

17   In this Part:

"designated property" means a property referred to in section 18;

"entity" means a person, authority, board, institution, organization or other body;

"peace officer" means either of the following:

(a) a peace officer, other than a mayor, as described in paragraph (a), (b) or (c) of the definition of "peace officer" in section 29 [expressions defined] of the Interpretation Act;

(b) a prescribed person;

"property" means real property, buildings or structures.

Prohibition against possessing firearm or imitation firearm in or on designated property

18   A person must not possess a firearm or imitation firearm in or on any of the following:

(a) child care property within the meaning of section 20;

(b) court property within the meaning of section 21;

(c) hospital property within the meaning of section 22;

(d) post-secondary property within the meaning of section 23;

(e) public worship property within the meaning of section 24;

(f) school property within the meaning of section 25;

(g) property or things designated by regulation as designated property.

Exemptions from prohibitions respecting designated property

19   (1) A peace officer who possesses a firearm or imitation firearm in or on a designated property does not contravene section 18 if that possession is lawful for the purposes of exercising the peace officer's powers or performing the peace officer's duties.

(2) The regulations may establish exemptions in relation to a prohibition under section 18.

Meaning of "child care property"

20   (1) In this section, "regulated child care" means child care provided by an entity that holds or is required to hold a licence under the Community Care and Assisted Living Act.

(2) Child care property is any of the following:

(a) property that an entity

(i) owns, leases, rents, manages or operates, and

(ii) uses in whole or in part for the purposes of providing regulated child care to children under 13 years of age;

(b) a vehicle that an entity owns, leases, rents, manages or operates, when the vehicle is being used for the purposes of providing regulated child care to children under 13 years of age;

(c) property or things designated by regulation as child care property.

Meaning of "court property"

21   Court property is either of the following:

(a) a court facility within the meaning of section 6.1 (1) [court security] of the Sheriff Act;

(b) property or things designated by regulation as court property.

Meaning of "hospital property"

22   Hospital property is either of the following:

(a) property used in whole or in part for the purposes of operating a hospital or private hospital under the Hospital Act;

(b) property or things designated by regulation as hospital property.

Meaning of "post-secondary property"

23   (1) In this section:

"post-secondary institution" means an entity that provides a post-secondary program;

"post-secondary program" means any of the following:

(a) an educational or training program provided under any of the following Acts:

(i) the College and Institute Act;

(ii) the Royal Roads University Act;

(iii) the Thompson Rivers University Act;

(iv) the University Act;

(v) the Private Training Act;

(b) a program provided in accordance with a consent given under the Degree Authorization Act;

(c) a theological educational or training program provided under an Act.

(2) Post-secondary property is either of the following:

(a) property that

(i) a post-secondary institution owns, leases, rents, manages or operates, and

(ii) is used for the purposes of providing a post-secondary program;

(b) property or things designated by regulation as post-secondary property.

(3) For the purposes of subsection (2) (a), if a post-secondary program is provided

(a) in or on property that is within the campus of a post-secondary institution, all of the property within the campus is post-secondary property, or

(b) in or on property that is not within the campus of a post-secondary institution, the part of the property in or on which the post-secondary program is provided is post-secondary property.

Meaning of "public worship property"

24   (1) Public worship property is either of the following:

(a) property that an entity

(i) owns, leases, rents, manages or operates, and

(ii) uses for the purposes of providing a place of public worship;

(b) property or things designated by regulation as public worship property.

(2) Public worship property does not include

(a) a premises occupied solely as a private residence, or

(b) if only part of a premises is occupied solely as a private residence, that part of the premises.

Meaning of "school property"

25   (1) In this section, "education authority" means

(a) a board or francophone education authority under the School Act,

(b) an authority under the Independent School Act, or

(c) a prescribed person or entity.

(2) School property is any of the following:

(a) property or a vehicle that

(i) an education authority owns, leases, rents, manages or operates, and

(ii) is used in whole or in part for the purposes of providing an educational program;

(b) a vehicle that an education authority owns, leases, rents, manages or operates, other than a vehicle to which paragraph (a) applies, when the vehicle is being used for the purposes of transporting students to or from extracurricular activities;

(c) property or things designated by regulation as school property.

Not in force

26–55   [Not in force.]

Definition for Part 6

56   In this Part, "peace officer" means either of the following:

(a) a peace officer as described in paragraph (c) of the definition of "peace officer" in section 29 [expressions defined] of the Interpretation Act;

(b) a prescribed person.

Duty to permit peace officer to inspect certain weapons and things

57   (1) On request of a peace officer who is exercising a power or performing a duty of the peace officer, a person must immediately produce and permit inspection of a weapon or thing that is or appears to be a firearm, imitation firearm, prohibited device or ammunition.

(2) Without limiting subsection (1), a peace officer may inspect a weapon or thing described in that subsection that is seen or found in or on a vehicle or boat.

Search and seizure with warrant

58   (1) On information on oath or affirmation that there are reasonable grounds to believe an offence under this Act has occurred or is occurring, a justice, on being satisfied that an entry and search are likely to provide evidence of an offence under this Act, may issue a warrant authorizing a peace officer to do any of the following:

(a) enter and search the real or personal property specified in the warrant;

(b) search a person who the peace officer reasonably believes has possession of anything that is likely to provide evidence of an offence under this Act;

(c) seize and remove anything that the peace officer reasonably believes is evidence of an offence under this Act;

(d) take other actions the justice authorizes in the warrant.

(2) The regulations may prescribe the form of an information or warrant for the purposes of subsection (1).

Search and seizure without warrant

59   (1) A peace officer may exercise a power referred to in section 58 (1) (a), (b) or (c), without a warrant, if the peace officer reasonably believes the following:

(a) an offence under this Act has occurred or is occurring;

(b) an entry and search are likely to provide evidence of an offence under this Act;

(c) the delay necessary to obtain a warrant would result in

(i) the loss or destruction of evidence, or

(ii) a danger to human life or safety.

(2) Unless a peace officer reasonably believes that the delay necessary to obtain a warrant would result in a danger to human life or safety, the peace officer may not, under subsection (1), enter and search

(a) a premises occupied solely as a private residence, or

(b) if only part of a premises is occupied solely as a private residence, that part of the premises.

Application of Offence Act to warrant, search and seizure

60   (1) The following provisions of the Offence Act apply in relation to a warrant under section 58 [search and seizure with warrant] of this Act and to a search and anything seized under the warrant or section 59 of this Act:

(a) section 21 (4) [search warrants];

(b) section 22 [telewarrants];

(c) section 23 [seizure of things not specified];

(d) section 24 [detention of things seized];

(e) section 24.1 [access to thing seized];

(f) subject to section 61 of this Act, section 24.2 [order for disposition of thing seized].

(2) Despite section 24 (3) of the Offence Act, if, under section 24 (2) (a) of that Act, a justice orders that a thing must be detained, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required.

Certain seized weapons and things forfeit to government

61   (1) In this section, "seized weapon or thing" means a firearm, imitation firearm, prohibited device, cartridge magazine or ammunition that is seized and detained under this Part.

(2) Unless a justice orders otherwise under subsection (4), a seized weapon or thing is forfeited to the government if a justice determines any of the following:

(a) the seized weapon or thing was used in the commission of an offence under this Act;

(b) a person has committed an offence under this Act that involves the seized weapon or thing.

(3) Unless a justice orders otherwise under subsection (4), a seized weapon or thing is forfeited to the government if all of the following requirements are met:

(a) a person is alleged to have contravened a provision of this Act or the regulations;

(b) the alleged contravention involves the seized weapon or thing;

(c) the person is deemed, under any of the following provisions of the Offence Act, to have pleaded guilty to the alleged contravention:

(i) section 14 (11) [person deemed guilty on payment of all or portion of violation ticket];

(ii) section 15 (12) [person deemed guilty on failure to appear];

(iii) section 16 (1) [person deemed guilty on failure to respond to violation ticket].

(4) A justice may order that a seized weapon or thing that is or may be forfeited under subsection (2) or (3) be returned to a person if the justice is satisfied that

(a) the person is the lawful owner of the seized weapon or thing,

(b) the person was not a party to the offence or contravention to which the determination relates, and

(c) the person had no reasonable grounds to believe that the seized weapon or thing would or might be used in the commission of the offence or contravention to which the determination relates.

(5) If a seized weapon or thing has been destroyed, the justice may order that an amount equal to the value of the seized weapon or thing be paid to a person who meets the requirements set out in subsection (4).

(6) A seized weapon or thing that is forfeited to the government may be disposed of as the minister may direct.

Power to arrest without warrant

62   A peace officer may arrest a person, without a warrant, if the peace officer reasonably believes that the person is committing an offence by contravening any of the following:

(a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner];

(b) section 4 (1) or (2) [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat];

(c) section 5 (1) [prohibition against discharging firearm from vehicle or boat];

(d) section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle];

(e) section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation firearm];

(f) section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition];

(g) section 11 (1), (2) or (3) [prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor];

(h) [Not in force.]

(i) section 18 [prohibition against possessing firearm or imitation firearm in or on designated property];

(j) [Not in force.]

(k) section 57 (1) [duty to permit peace officer to inspect certain weapons and things];

(l) a prescribed provision of this Act or the regulations.

Prohibition against obstructing inspection, search, seizure or arrest

63   A person must not obstruct or interfere with, or attempt to obstruct or interfere with, a peace officer who is doing any of the following:

(a) conducting or attempting to conduct an inspection under section 57 [duty to permit peace officer to inspect certain weapons and things];

(b) conducting or attempting to conduct an entry, search, seizure, removal or action under a warrant under section 58 [search and seizure with warrant];

(c) conducting or attempting to conduct an entry, search, seizure or removal under section 59 [search and seizure without warrant];

(d) making or attempting to make an arrest authorized under section 62.

Prohibition against providing false or misleading information to peace officer

64   A person must not provide false or misleading information or fail to disclose a material fact to a peace officer who is carrying out an action referred to in section 63.

Higher penalty offences

65   (1) A person who contravenes any of the following commits an offence:

(a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner];

(b) section 4 (1) or (2) [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat];

(c) section 5 (1) [prohibition against discharging firearm from vehicle or boat];

(d) section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle];

(e) section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation firearm];

(f) section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition];

(g) section 11 (1), (2) or (3) [prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor];

(h) section 18 [prohibition against possessing firearm or imitation firearm in or on designated property];

(i) [Not in force.]

(j) section 57 [duty to permit peace officer to inspect certain weapons and things];

(k) section 63 [prohibition against obstructing inspection, search, seizure or arrest];

(l) section 64 [prohibition against providing false or misleading information to peace officer];

(m) a court order made under section 68 (1) [court order to prohibit possession];

(n) section 75 [prohibition against providing false or misleading information about low-velocity firearms];

(o) section 76 [prohibition against producing false or misleading identification];

(p) section 77 [prohibition against producing false or misleading federal licence or authorization].

(2) Unless subsection (3) applies, a person who commits an offence under subsection (1) is liable,

(a) if the person is an individual, to one or both of the following:

(i) a fine of not more than $5 000;

(ii) imprisonment for not more than 12 months, or

(b) if the person is not an individual, to a fine of not more than $100 000.

(3) If a person who commits an offence under subsection (1) has, within the previous 5 years, committed the same offence or another offence under that subsection, the person is liable,

(a) if the person is an individual, to one or both of the following:

(i) a fine of not more than $7 500;

(ii) imprisonment for not more than 18 months, or

(b) if the person is not an individual, to a fine of not more than $200 000.

Lower penalty offences

66   (1) A person who contravenes any of the following provisions commits an offence:

(a) section 14 (1) or (2) [prohibition and requirements respecting minor transporting, carrying or storing low-velocity or imitation firearm];

(b) to (g) [Not in force.]

(h) section 74 [duty to provide information about low-velocity firearms].

(2) Unless subsection (3) applies, a person who commits an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $2 500, or

(b) if the person is not an individual, to a fine of not more than $50 000.

(3) If a person who commits an offence under subsection (1) has, within the previous 5 years, committed the same offence or another offence under this Act, the person is liable,

(a) if the person is an individual, to a fine of not more than $5 000, or

(b) if the person is not an individual, to a fine of not more than $100 000.

Certificate evidence

67   (1) In this section, "certificate" means a certificate that

(a) is signed by a person who is employed or authorized by a laboratory operated, maintained, supported or certified by

(i) the government, the government of another province or the government of Canada, or

(ii) a prescribed person or entity, and

(b) contains factual information relating to the person's analysis of a firearm, imitation firearm, prohibited device or ammunition.

(2) In a proceeding relating to the contravention of a provision of this Act or the regulations, a certificate is

(a) admissible in evidence,

(b) evidence of the facts stated in the certificate, and

(c) conclusive evidence of the authority of the person signing the certificate, without further proof of the person's signature, employment or authorization.

Court order to prohibit possession

68   (1) If a person is convicted of or pleads guilty or is deemed to have pleaded guilty to a prescribed offence under this Act, a court may by order, on application or on the court's own initiative, prohibit the person from possessing a firearm, imitation firearm, prohibited device or prohibited ammunition for the period specified in the order.

(2) An order under subsection (1) is in addition to any other punishment that may be imposed.

Offences involving corporations

69   (1) If a corporation or limited liability company commits an offence under this Act, an officer, director or agent of the corporation or limited liability company who authorizes, allows or participates in the offence also commits an offence, whether or not the corporation or limited liability company is prosecuted or convicted.

(2) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that the offence was committed by an officer, director or agent of a corporation or limited liability company, whether or not the officer, director or agent is prosecuted or convicted.

(3) For the purposes of subsection (2), a corporation or limited liability company has the burden of proving that an officer, director or agent of the corporation or limited liability company was not acting on behalf of the corporation or limited liability company at the time the officer, director or agent committed an offence under this Act.

Time limit for prosecuting offence

70   The time limit for laying an information for an offence under this Act is 6 years after the date on which the act or omission that is alleged to constitute the offence occurred.

Section 5 of Offence Act does not apply

71   Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.

Power of authorized professional to notify police despite confidentiality

72   (1) In this section:

"authorized professional" means a designated health professional, social worker or any other individual, other than a lawyer, who

(a) provides professional services, and

(b) owes a duty of confidentiality to persons to whom those professional services are provided;

"designated health professional" means an individual who is authorized to practise a designated health profession within the meaning of the Health Professions and Occupations Act;

"police service" means a police service within the meaning of section 1.1 (a), (b) or (c) [police services in British Columbia] of the Police Act.

(2) Despite any duty of confidentiality, an authorized professional may notify a police service if the authorized professional reasonably believes that a person to whom that authorized professional provides professional services intends to use a firearm or imitation firearm

(a) to cause harm to themselves or another person, or

(b) to threaten or intimidate another person.

Liability protection in respect of authorized professionals

73   (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against any of the following because of anything done or omitted under section 72 (2):

(a) an authorized professional;

(b) an employer, other than the government, of an authorized professional.

(2) Subsection (1) does not apply to an authorized professional or employer in relation to anything done or omitted in bad faith.

(3) Subsection (1) (a) does not absolve the government from vicarious liability arising out of anything done or omitted by an authorized professional for which the government would be liable if this section were not in force.

Duty to provide information about low-velocity firearms

74   (1) A person who carries on the business of selling, renting or supplying low-velocity firearms must give a person to whom a low-velocity firearm is sold, rented or supplied information that

(a) is provided in the form and manner, if any, that the minister may specify, and

(b) includes the content that the minister specifies.

(2) The regulations may establish exemptions in relation to a requirement under subsection (1).

Prohibition against providing false or misleading information about low-velocity firearms

75   A person required under section 74 (1) to give information about low-velocity firearms must not provide false or misleading information about the low-velocity firearms to persons to whom those low-velocity firearms are sold, rented or supplied.

Prohibition against producing false or misleading identification

76   A person must not, for any purpose under this Act, produce identification that

(a) has been altered to misrepresent the person's age or identity,

(b) was issued by the issuing agency to another person, or

(c) was forged or fraudulently made.

Prohibition against producing false or misleading federal licence or authorization

77   A person must not, for any purpose under this Act, produce a federal licence or an authorization given under the federal Act that

(a) has been altered to misrepresent the person's age or identity,

(b) has been altered to misrepresent the federal licence or authorization,

(c) was issued by the issuing agency to another person, or

(d) was forged or fraudulently made.

Minister's delegation powers

78   (1) The minister may delegate one or more of the minister's powers and duties under this Act to a person or class of persons employed in any ministry of the government.

(2) [Not in force.]

General regulation-making authority

79   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter for which regulations are contemplated by this Act;

(b) defining, for the purposes of this Act, any word or expression used but not defined in this Act.

(3) The authority to make regulations under another provision of this Act does not limit subsections (1) and (2) of this section.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) establish or define classes of persons, entities, properties, facilities, institutions, places, circumstances, weapons, objects or other things;

(d) make different regulations in relation to

(i) different persons, entities, properties, facilities, institutions, places, circumstances, weapons, objects or other things, or

(ii) different classes of persons, entities, properties, facilities, institutions, places, circumstances, weapons, objects or other things.

Regulations in relation to firearms and imitation firearms

80   (1) For the purposes of section 10 (3) [exemptions for designated officials and prescribed exemptions], the Lieutenant Governor in Council may make regulations establishing full or partial exemptions in relation to a prohibition or requirement under any of the following:

(a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner];

(b) section 4 [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat];

(c) section 5 (1) [prohibition against discharging firearm from vehicle or boat];

(d) section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle];

(e) section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation firearm];

(f) section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition].

(2) A regulation under subsection (1) may do any of the following:

(a) specify purposes for which or circumstances in which an exemption applies;

(b) establish criteria, conditions, requirements or obligations that must be met or complied with in relation to an exemption;

(c) specify how a person or entity may or must prove or establish that an exemption applies.

Regulations respecting low-velocity firearms and imitation firearms in relation to minors

81   (1) For the purposes of section 12 (1) [exemption if minor produces credible false identification or false federal licence], the Lieutenant Governor in Council may make regulations respecting identification, including, without limitation, regulations that prescribe the following:

(a) the form of identification that may or must be produced;

(b) the number of pieces of identification that may or must be produced;

(c) the manner in which identification may or must be produced.

(2) For the purposes of section 16 [prescribed exemptions in relation to prohibitions and requirements respecting minors], the Lieutenant Governor in Council may make regulations establishing full or partial exemptions in relation to a prohibition or requirement under any of the following:

(a) section 11 [prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor];

(b) section 14 [prohibition and requirements respecting minor transporting, carrying or storing low-velocity or imitation firearm].

(3) A regulation under subsection (2) may do any of the following:

(a) specify purposes for which or circumstances in which an exemption applies;

(b) establish criteria, conditions, requirements or obligations that must be met or complied with in relation to an exemption;

(c) specify how a person or entity may or must prove or establish that an exemption applies.

Regulations in relation to designated property

82   (1) The Lieutenant Governor in Council may make regulations designating property or things, in whole or in part, as any of the following:

(a) designated property for the purposes of section 18 (g) [prohibition against possessing firearm or imitation firearm in or on designated property];

(b) child care property for the purposes of section 20 (2) (c) [meaning of "child care property"];

(c) court property for the purposes of section 21 (b) [meaning of "court property"];

(d) hospital property for the purposes of section 22 (b) [meaning of "hospital property"];

(e) post-secondary property for the purposes of section 23 (2) (b) [meaning of "post-secondary property"];

(f) public worship property for the purposes of section 24 (1) (b) [meaning of "public worship property"];

(g) school property for the purposes of section 25 (2) (c) [meaning of "school property"].

(2) A regulation under subsection (1) may specify the purposes for which or circumstances in which property or things are designated as designated property, child care property, court property, hospital property, post-secondary property, public worship property or school property.

(3) For the purposes of section 19 (2) [exemptions to prohibitions respecting designated property], the Lieutenant Governor in Council may make regulations establishing full or partial exemptions in relation to a prohibition under section 18, including, without limitation, regulations that do the following:

(a) specify purposes for which or circumstances in which an exemption applies;

(b) establish criteria, conditions, requirements or obligations that must be met or complied with in relation to an exemption;

(c) specify how a person or entity may or must prove or establish that an exemption applies.

Not in force

83–84   [Not in force.]

Regulations in relation to duty to provide information about low-velocity firearms

85   For the purposes of section 74 (2) [duty to provide information about low-velocity firearms], the Lieutenant Governor in Council may make regulations establishing full or partial exemptions in relation to a requirement under section 74 (1), including, without limitation, regulations that do the following:

(a) specify purposes for which or circumstances in which an exemption applies;

(b) establish criteria, conditions, requirements or obligations that must be met or complied with in relation to an exemption;

(c) specify how a person or entity may or must prove or establish that an exemption applies.

Wildlife Act transition

86   (1) In this section:

"effective date" means the date on which section 87 of this Act comes into force;

"former Act" means the Firearm Act, R.S.B.C. 1996, c. 145;

"pre-existing permit" means a permit under the Wildlife Act that

(a) exists immediately before the effective date, and

(b) exempts a person from a requirement under section 9 (1) [offence] of the former Act.

(2) A reference in a pre-existing permit to an exemption from a requirement under section 9 of the former Act is deemed to be a reference to an exemption from the corresponding requirement under any of the following provisions of this Act:

(a) section 4 [prohibition and requirements respecting firearm or imitation firearm in vehicle or boat];

(b) section 5 (1) [prohibition against discharging firearm from vehicle or boat].

(3) Section 24 (8) (d) [suspension and cancellation of licences] of the Wildlife Act, as it read immediately before its repeal by section 96 of this Act, applies in respect of a person who

(a) is alleged to have committed, before the effective date, an offence under section 3 [exercise of care for safety of others] of the former Act, and

(b) is convicted, after the effective date, of the offence referred to in paragraph (a) of this subsection.

(4) Section 85 (1) (a) [failure to pay fine] of the Wildlife Act, as it read immediately before its amendment by section 98 of this Act, applies in respect of a person who, on the effective date, has not yet paid a fine imposed as a result of the person's conviction, before the effective date, for an offence under the former Act.

Commencement

102   This Act comes into force by regulation of the Lieutenant Governor in Council.