Bill S-5 explained in plain English
An Act to amend the Criminal Code and another Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-5 proposes to repeal the federal requirement to register non-restricted firearms (ordinary rifles and shotguns) while maintaining registration requirements for prohibited and restricted firearms.
Bill S-5, titled the Long-Gun Registry Repeal Act, proposes major changes to Canadian firearm laws by removing the requirement to register non-prohibited, non-restricted firearms. Currently, the Criminal Code requires anyone possessing a firearm to hold both a licence and a registration certificate. This bill would eliminate the registration certificate requirement for ordinary rifles and shotguns (firearms that are neither prohibited nor restricted), while keeping the requirement for handguns and other restricted or prohibited firearms. The bill modifies several sections of the Criminal Code (sections 91, 92, 94, and 95) to remove references to registration certificates for non-restricted firearms. It also amends the Firearms Act to focus the Canadian Firearms Registry on only prohibited and restricted firearms. Businesses would still be required to keep and destroy records relating to non-prohibited, non-restricted firearms as the regulations determine. The changes affect who can possess firearms in what circumstances, transfer procedures, borrowing rules, importing and exporting of firearms, and inspection powers. For restricted and prohibited firearms, registration certificate requirements remain in place. The bill makes numerous technical adjustments to ensure consistency throughout both pieces of legislation. The bill was first read in the Senate on April 1, 2009, and at the time of this summary was at second reading in the Senate. A specific commencement date has not been set; most provisions come into force on a date to be fixed by Governor in Council order, except sections 12, 15, 16, and 29 which have their own timing provisions tied to other legislation.
- Removes the requirement for registration certificates for firearms that are neither prohibited firearms nor restricted firearms (ordinary rifles and shotguns)
- Modifies Criminal Code sections 91, 92, 94, and 95 to replace requirements for registration certificates with licensing requirements only for non-restricted firearms
- Repeals Criminal Code section 91(5), which previously exempted certain borrowed firearms from registration requirements
- Repeals Criminal Code section 92(5) and (6), which provided exemptions for borrowed non-restricted firearms
- Repeals Criminal Code section 94(5), which exempted occupants of vehicles with borrowed non-restricted firearms from prosecution
- Repeals Firearms Act section 112, which made it an offence to possess a non-restricted firearm without a registration certificate
- Narrows the scope of the Canadian Firearms Registry to track only prohibited and restricted firearms (handguns, certain semi-automatics, and other weapons specified by regulations)
- Requires businesses to keep and destroy records of non-restricted firearms as specified by regulation
- Maintains registration certificate requirements for prohibited firearms and restricted firearms
- Maintains licensing requirements for all firearms, both restricted and non-restricted
- Permits peace officers to seize firearms when a person cannot produce proof of a valid licence or, for restricted/prohibited firearms, a registration certificate
- Clarifies that inspectors can demand to see firearms to verify licensing and, where applicable, registration certificate requirements
- Updates procedures for transferring, borrowing, importing, and exporting firearms to reflect the removal of non-restricted firearm registration requirements
- All Canadians who own or wish to own firearms, particularly those who own non-restricted firearms (ordinary rifles and shotguns)
- Licensed firearm owners who currently hold registration certificates for non-restricted firearms
- People who borrow firearms for hunting or other lawful purposes
- Firearm retailers, distributors, and other businesses that sell or transfer firearms
- Chief firearms officers and firearms officers responsible for approving transfers and maintaining records
- Peace officers and firearms inspectors who enforce firearms regulations
- The Registrar of Firearms and the Canadian Firearms Registry system
- Non-residents who import firearms into Canada
- Persons importing or exporting firearms for personal use
- Businesses licensed to export firearms
- Persons wishing to possess any firearm must hold a valid licence (this requirement is maintained for all firearms)
- Persons wishing to possess prohibited or restricted firearms must hold both a licence AND a registration certificate (this requirement is maintained)
- Persons wishing to possess non-restricted firearms must hold a licence only; no registration certificate is required
- Firearm retailers and persons transferring firearms to individuals must notify chief firearms officers when transferring prohibited or restricted firearms and obtain their approval
- Firearm retailers and persons transferring firearms to individuals are no longer required to register non-restricted firearms or provide registration certificates for them
- Businesses are required to keep and destroy records of non-restricted firearms as prescribed by regulation
- A person who borrows a non-restricted firearm for hunting to sustain food needs may do so with a valid licence but without needing a registration certificate
- Peace officers may seize firearms from persons who cannot produce proof of a valid licence (or, for restricted/prohibited firearms, a registration certificate) upon demand
- Peace officers have authority to seize firearms if a person cannot produce appropriate documentation within a reasonable time
- Persons from whom firearms are seized may claim them back within 14 days if they produce valid licensing and (where applicable) registration certificate documentation
- Persons may legally export non-restricted firearms with only a valid licence; restricted and prohibited firearms require registration certificates and authorizations to transport
- Non-residents may import non-restricted firearms for a period of 60 days with temporary documentation; restricted firearms have the same period but the time is limited by any authorization to transport
- Bill first read in the Senate: April 1, 2009
- Bill status as of this summary: Second reading in the Senate
- Commencement date for most provisions: To be fixed by order of the Governor in Council (not yet specified)
- Sections with different timing: Sections 12, 15, 16, and 29 have commencement tied to coordination with related legislation
- The bill would eliminate the need for individuals to obtain registration certificates for non-restricted firearms, potentially reducing licensing costs and administrative burdens
- The bill would reduce the administrative burden on the Canadian Firearms Registry by limiting it to only prohibited and restricted firearms
- The bill does not address any financial compensation for persons who have already paid for registration certificates for non-restricted firearms
- Business compliance costs may increase due to new record-keeping requirements for non-restricted firearms (details to be determined by regulation)
- Unauthorized possession of a firearm without a valid licence remains an offence (Criminal Code section 91)
- Possession of a prohibited or restricted firearm without both a licence and registration certificate remains an offence (Criminal Code sections 91 and 92)
- Knowing possession of a firearm without required documentation remains an offence (Criminal Code section 92)
- Being an occupant of a motor vehicle containing a firearm when documentation is not held or reasonably believed to be held remains an offence (Criminal Code section 94)
- Possession of a loaded prohibited or restricted firearm without proper documentation remains an offence (Criminal Code section 95)
- Failure to deliver up a revoked licence, registration certificate, or authorization to a peace officer or firearms officer is an offence (Firearms Act section 114)
- Contraventions of regulations made under the Firearms Act can be made into offences by regulation (Firearms Act section 117(o))
- All offences are punishable on summary conviction, meaning they can be prosecuted in provincial court rather than requiring indictment
- The bill text does not specify what penalties (fines, imprisonment) apply to these offences; penalties are set elsewhere in the Criminal Code and Firearms Act
- The bill does not specify a commencement date; it states that provisions come into force on 'a day or days to be fixed by order of the Governor in Council,' meaning the exact effective date is not yet determined
- The bill refers to undefined regulations that would govern the keeping and destruction of records by businesses regarding non-restricted firearms, but these regulations are not included in the bill text
- The bill does not explain what qualifies as a 'prohibited firearm' or 'restricted firearm,' as these are defined elsewhere in the Criminal Code
- The bill includes complex coordinating provisions (section 29) that depend on the timing of another piece of legislation (An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003) coming into force, creating uncertainty about which version of certain provisions will ultimately apply
- The bill text does not specify what records businesses must maintain regarding non-restricted firearms or how long they must retain them—these details are to be set by regulation
- The bill does not detail whether existing registration certificates for non-restricted firearms issued under current law would remain valid or be cancelled, or what transitional procedures would apply
- It is unclear whether the bill would prevent provinces or municipalities from imposing their own registration requirements for non-restricted firearms
- The bill does not address what would happen to the Canadian Firearms Registry's existing database of registered non-restricted firearms after repeal
Changes the offence so that possessing a non-restricted firearm without a licence is an offence, but a registration certificate is no longer required. For prohibited and restricted firearms, both a licence and a registration certificate remain required.
Source: Section 2 of the Bill
Removes the exemption that previously allowed borrowing of non-restricted firearms without a registration certificate if the borrower held a licence and was hunting to sustain food needs.
Source: Section 2(3) of the Bill
Updates the offence to remove the registration certificate requirement for non-restricted firearms, while maintaining it for restricted and prohibited firearms.
Source: Section 3 of the Bill
Removes exemptions for borrowed non-restricted firearms and evidence rules regarding registration certificates.
Source: Section 3(3) of the Bill
Updates vehicle possession rules to remove the requirement to carry a registration certificate for non-restricted firearms. For restricted and prohibited firearms, registration certificates remain required.
Source: Section 4 of the Bill
Removes the exemption that permitted occupants of vehicles carrying borrowed non-restricted firearms to avoid prosecution if the borrower held a valid licence and was hunting for food.
Source: Section 4(3) of the Bill
Clarifies that peace officers can seize firearms when a person cannot produce a licence (and for restricted/prohibited firearms, a registration certificate). Registration certificates are no longer required to be shown for non-restricted firearms.
Source: Section 6 of the Bill
Updates the statement of purpose to clarify that registration certificates are now only for prohibited and restricted firearms, not all firearms.
Source: Section 7 of the Bill
Clarifies transfer procedures so that chief firearms officers only need to approve transfers of prohibited and restricted firearms, and registration certificates only issue for those categories.
Source: Section 8 of the Bill
Updates the chief firearms officer's role to focus on verifying eligibility and purpose only for restricted and prohibited firearm transfers.
Source: Section 9 of the Bill
Permits lending of non-restricted firearms without requiring the registration certificate to be lent with the firearm (keeping this requirement only for restricted and prohibited firearms).
Source: Section 10 of the Bill
Clarifies that registration certificates are only required to be lent with restricted and prohibited firearms when lending to government, police, or municipalities.
Source: Section 11 of the Bill
Updates importation rules so non-residents importing non-restricted firearms only need a licence, not a registration certificate.
Source: Section 12 of the Bill
Adjusts temporary documentation for imports to distinguish between restricted and non-restricted firearms, with registration certificates only for restricted types.
Source: Section 13 of the Bill
Clarifies that individuals exporting non-restricted firearms need only a licence, not a registration certificate.
Source: Section 14 of the Bill
Updates importation rules to clarify that registration certificates are only required for restricted and prohibited firearms.
Source: Section 15 of the Bill
Clarifies that temporary authorizations only apply as registration certificates for restricted firearms, not non-restricted ones.
Source: Section 16 of the Bill
Requires businesses to hold registration certificates only for restricted and prohibited firearms being exported.
Source: Section 17 of the Bill
Changes the Registrar's scope to issue registration certificates only for prohibited and restricted firearms (and their identification numbers), not for all firearms.
Source: Section 18 of the Bill
Clarifies that registration certificates for prohibited and restricted firearms remain valid as long as the holder owns the firearm.
Source: Section 19 of the Bill
Clarifies the Registrar's authority to revoke registration certificates for prohibited and restricted firearms.
Source: Section 20 of the Bill
Updates procedures for persons ordered to dispose of prohibited and restricted firearms whose registration certificates have been revoked.
Source: Section 21 of the Bill
Narrows the records that must be kept in the Canadian Firearms Registry to licences, registration certificates, and authorizations for prohibited and restricted firearms only.
Source: Section 22 of the Bill
Updates inspectors' authority to demand that firearms be produced to verify licensing and, where applicable, registration certificates (which are no longer required for non-restricted firearms).
Source: Section 23 of the Bill
Updates the offences covered by penalties to reflect new regulations regarding non-restricted firearm record-keeping.
Source: Section 24 of the Bill
Completely removes the offence of possessing a non-restricted firearm without a registration certificate, making it legal to possess non-restricted firearms with only a licence.
Source: Section 25 of the Bill
Updates offence descriptions to clarify that persons must deliver up revoked licences, registration certificates (for restricted/prohibited firearms), or authorizations.
Source: Section 26 of the Bill
Adds new regulation-making authority to permit regulations requiring businesses to keep and destroy records of non-restricted firearms as prescribed.
Source: Section 27 of the Bill
Updates the list of regulation-making authorities subject to emergency procedures to include the new record-keeping rules for non-restricted firearms.
Source: Section 28 of the Bill
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. If you have any questions, please contact the Library of Parliament at (613) 995-1166. On 1 April 2009, the Leader of the Government in the Senate introduced Bill S-5, An Act to amend the Criminal Code and another Act, in the Senate and it was given first reading. Under Bill S-5, the Registrar of Firearms will no longer issue, or keep records of, registration certificates for non-restricted firearms. Provisions of the Firearms Act regarding the expiry and revocation of registration certificates are accordingly amended, as are provisions setting out the documentation that is involved when lending, importing or exporting non-restricted firearms. Although registration certificates will no longer be involved when transferring (i.e., selling or giving) a firearm, a person transferring a non-restricted firearm to an individual will be required to seek an authorization from the Chief Firearms Officer, who will verify that the recipient is entitled to possess the firearm. As a registration certificate will no longer be required to possess a non-restricted firearm, certain offences in the Firearms Act are amended or repealed. The Criminal Code is also amended so that failure to hold a registration certificate for a non-restricted firearm does not give rise to any of the offences relating to unauthorized possession of a firearm, and does not allow police to seize a firearm.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
Bill S-5, an act to amend the Criminal Code and another Act, completed its first reading in the Senate on April 1, 2009, and is now at the second reading stage.
The Senate performed the first reading of Bill S-5 on April 1, 2009. This is a procedural step where the bill is formally introduced to the Senate. The bill, titled "An Act to amend the Criminal Code and another Act", is currently at the second reading stage in the Senate. The artifact also notes a similar private member's bill, C-391, which aims to amend the Criminal Code and the Firearms Act by repealing the long-gun registry.
The Senate held a sitting on April 1, 2009, which included the first reading of Bill S-5, discussions on various important issues, the tabling of reports, and procedural matters such as points of order and questions of privilege, with debates on several other bills being adjourned.
On April 1, 2009, the Senate of Canada convened for a sitting that included various procedural actions. A key procedural event was the introduction of Bill S-5, an Act to Amend the Criminal Code and Another Act, which was given first reading. The sitting also featured statements by senators on diverse topics, including the tenth anniversary of Nunavut, the Canadian Forces, and the work of Pauktuutit Inuit Women of Canada. Routine proceedings involved the tabling of reports from various parliamentary associations and committees, as well as notices of motions concerning committee travel and meetings. The Question Period addressed issues such as the status of women in Afghanistan, scholarship programs, and the operation of prison farms. Several other bills were at various stages of debate, including adjournment of debates on bills related to dangerous goods transportation, income tax, and international boundary waters. A point of order was raised concerning Bill S-219 (student loans) regarding its requirement for a Royal Recommendation, with a ruling reserved. Finally, questions of privilege were raised concerning the National Security and Defence Committee's inability to strike a subcommittee on veterans affairs and remarks made during a debate on the cessation of the commercial seal hunt.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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