On new Clause 0.1,

R.S., c. C-46

Criminal Code

Amendments to the Act

After debate, the question was put on the amendment of Paul Chiang and it was agreed to on division.

0.1 (1) Section 2.1 of the Criminal Code is replaced by the following:

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).

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on division.

0.1 (1) Subsection 83.3(10) of the Act is replaced by the following:

(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.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on division.

On Clause 1,

“1 (0.1) The definition prohibited firearm in subsection 84(1) of the Criminal Code is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) a prescribed military-style assault weapon, or”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

“cision, an antique firearm, or any such device that is brightly coloured on 25% or more of its surface; (réplique)”

After debate, the question was put on the amendment of Raquel Dancho and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

(1.1) The definition “prohibition order” in subsection 84(1) of the Act is replaced by the following:

“prohibition order” means 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”)

(1.2) The definition “prohibited firearm” in subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) a firearm that is capable of discharging a projectile with a muzzle energy exceeding 10 000 Joules, other than a firearm designed exclusively for neutralizing explosive devices,

(f) a firearm with a bore diameter of 20 mm or greater, other than a firearm designed exclusively for neutralizing explosive devices,

(g) a firearm that is a rifle or shotgun, that is capable of discharging centre-fire ammunition in a semi-automatic manner and that is designed to accept a detachable cartridge magazine with a capacity greater than five cartridges of the type for which the firearm was originally designed,

(h) any unlawfully manufactured firearm regardless of the means or method of manufacture, or

(i) a firearm listed in the schedule to this Part; (“arme à feu prohibée”)

(1.3) 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; (“piéce d’arme à feu”)

(1.4) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

“semi-automatic”, in respect of a firearm, means a 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-automatique”)

(1.5) Section 84 of the Act is amended by adding the following after subsection (2):

(2.1) For the purposes of paragraph (f) of the definition prohibited firearm in subsection (1), bore diameter is

(a) in the case of a smoothbore firearm, the interior diameter of the firearm barrel, measured at its narrowest point, forward of the chamber and forcing cone and before the choke and any muzzle attachment; and

(b) in the case of a rifled firearm, the interior diameter of the firearm barrel, measured at its narrowest point, forward of the chamber, throat and freebore and before the crown and any muzzle attachment.

Debate arose thereon.

The Chair ruled the proposed amendment admissible.

Whereupon, Dane Lloyd appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Paul Chiang, Pam Damoff, Rhéal Éloi Fortin, Alistair MacGregor, Taleeb Noormohamed, Peter Schiefke, Tony Van Bynen — 7;

NAYS: Raquel Dancho, Rosemarie Falk, Dane Lloyd, Glen Motz — 4.