Vol. 132, No. 25 — June 20, 1998

Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted

Statutory Authority

Criminal Code

Sponsoring Department

Department of Justice

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

These Regulations form part of a comprehensive regulatory package implementing the new statutory scheme for the control of firearms and other weapons provided for in the Firearms Act and a completely amended Part III of the Criminal Code. They complete the definitions set out in subsection 84(1) of the Code which establish the following classes of firearms, other weapons, and certain regulated devices and ammunition:

(1) prohibited firearms; (2) restricted firearms; (3) prohibited weapons; (4) prohibited devices; and (5) prohibited ammunition.

Subsection 84(1) provides for a sixth class, being "restricted weapons." This class may include any weapon, other than a firearm, that is prescribed by regulation to be a restricted weapon. The content of this class would be established solely by regulation. These Regulations do not, however, deal with restricted weapons, and there is no consideration being given at this time to making any weapon restricted.

The content of the five classes being prescribed is as follows:

(1) Part 1 — Prohibited Firearms

This class comprises the paramilitary firearms which are currently prohibited weapons pursuant to Orders in Council made under subsection 84(1) of the Criminal Code as it now stands. No new firearms are being added to the class. One firearm, the Valmet Hunter, including the Valmet Hunter Auto and the Valmet M78, has been deleted from the class, as it has been determined that it is not essentially a paramilitary firearm and is suitable for hunting purposes. The "Taser Public Defender", which discharges a dart carrying an electrical current and which is now in the prohibited weapons category, has been moved to the prohibited firearms class because it is a barrelled weapon and thus comes within the "firearm" definition in the Code. The "SSS-1 Stinger," a tiny firearm designed to be concealed in the palm of the hand, has likewise been moved to the prohibited firearms class.

The current Orders include the following:

— Prohibited Weapons Order, No. 11, made by Order in Council P.C. 1992-1668 of July 16, 1992;

— Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992;

— Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994;

— Prohibited Weapons Order, No. 3, made by Order in Council P.C. 1978-873 of March 23, 1978 — Item 2(a) only — "Taser Public Defender"; and

— Prohibited Weapons Order, No. 8, made by Order in Council P.C. 1979-2141 of August 9, 1979 — Item 2(a) only — "SSS-1 Stinger".

The new Part III of the Criminal Code itself includes several other kinds of firearms in the definition of "prohibited firearm" in subsection 84(1). These are: handguns with a barrel of 105 mm or less and handguns designed or adapted to discharge 25 or 32 calibre ammunition, unless they are excluded by regulation because they are used in international sporting competitions; "sawed-off" rifles and shotguns; and automatic firearms, including automatics converted to fire as semi-automatics.

Prohibited firearms may be possessed by specially licensed businesses and in most cases by the "grandfathered" individuals who owned them at the point at which they were designated as prohibited weapons. The classes of individuals who are eligible for licenses to possess these firearms are set out in section 12 of the Firearms Act.

(2) Part 2 — Restricted Firearms

This class comprises the paramilitary firearms, which are currently restricted weapons pursuant to Orders in Council made under subsection 84(1) of the Criminal Code as it now stands. No new firearms are being added to the class. The current Orders include the following: Restricted Weapons Order, made by Order in Council P.C. 1992-1670 of July 16, 1992.

The Criminal Code itself includes several other kinds of firearms in the definition of "restricted firearm" in subsection 84(1). These are: handguns other than prohibited handguns; firearms with a barrel less than 470 mm; and those that can fire when reduced to an overall length of less than 660 mm when folded or telescoped.

Restricted firearms may be possessed by licensed businesses that have a legitimate business purpose that involves such firearms. They may also be possessed by individuals who have shown that they have a purpose permitted by section 28 of the Firearms Act. They must show that: either (1) They need them for the protection of life or for certain professions or occupations. Very few protection of life authorizations are granted. The occupations are set out in section 3 of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, and include armoured car guards, wilderness workers and trappers; or (2) they intend to use them for target shooting, usually at an approved shooting club or range, or they qualify under section 30 of the Act as gun collectors. All but a very small percentage of those approved to possess or acquire restricted firearms are target shooters or collectors. Those who presently have such firearms registered as relics may also elect under paragraph 54(3)(b) of the Act to retain them as such.

(3) Part 3 — Prohibited Weapons

This class comprises the weapons, other than firearms, that are currently prohibited weapons pursuant to Orders in Council made under subsection 84(1) of the Criminal Code as it now stands. No new weapons are being added to the class, although the status of pepper spray is being changed. Adjustments have also been made in a few cases, such as the case of hand-held crossbows and brass knuckles, in the manner in which the prohibited weapon is described. The current Orders include the following:

— Prohibited Weapons Order, No. 1, C.R.C., c. 433;

— Prohibited Weapons Order, No. 2, made by Order in Council P.C. 1978-872 of March 23, 1978;

— Prohibited Weapons Order, No. 3, made by Order in Council P.C. 1978-873 of March 23, 1978;

— Prohibited Weapons Order, No. 4, made by Order in Council P.C. 1978-874 of March 23, 1978;

— Prohibited Weapons Order, No. 5, made by Order in Council P.C. 1978-875 of March 23, 1978;

— Prohibited Weapons Order, No. 6, made by Order in Council P.C. 1978-876 of March 23, 1978;

— Prohibited Weapons Order, No. 7, C.R.C., c. 439; and

— Prohibited Weapons Order, No. 8, made by Order in Council P.C. 1979-2141 of August 9, 1979.

The Criminal Code itself includes switchblades and flick knives in the definition of "prohibited weapon" in subsection 84(1). Prohibited weapons can be possessed only by specially licensed businesses, such as those that supply movie productions with a variety of weapons for use in filming or those that supply police with items such as pepper spray.

The only substantive change which is being made to the prohibited weapons class involves pepper spray. Prohibited Weapons Order, No. 1 currently covers devices designed to incapacitate people. This has led to uncertainty in enforcement where devices are marketed as being intended as animal repellents, such as for the control of dogs in urban settings or bears in wilderness areas. The redrafted item — part 3, item 2 — makes it clear that any device that is capable of being used to incapacitate people is a prohibited weapon if it involves tear gas, mace or pepper spray. An exception is made for devices involving pepper spray if they are designed for the control of wild animals, such as bears, and have a capacity of 225 grams or 225 millilitres or more. Smaller pepper spray devices, which are intended for use against people and which come in canisters that are easily concealable, will be clearly prohibited, as it is these devices that pose the major risk of criminal use and the most risk to public safety. Large "bear spray" devices, which have a legitimate use, will be clearly exempted.

(4) and (5) Part 4 — Prohibited Devices and Part 5 — Prohibited Ammunition

The class of prohibited devices includes certain components, parts or accessories. These are: trigger devices which allow a semi-automatic firearm to discharge several rounds in rapid succession; and "bull-pup" stocks which allow rifles and shotguns to be reduced significantly in length. Both of these items are currently prohibited by Prohibited Weapons Order, No. 9. The class also includes the large-capacity magazines currently prohibited by the Cartridge Magazine Control Regulations. No new items are being added to this class. The new Part III of the Criminal Code itself includes several other devices in this class: handgun barrels that are 105 mm or less, unless they are excluded by regulations because they are used in international sporting competitions; silencers; and replica firearms.

The class of prohibited ammunition comprises the following four kinds of cartridges or projectiles that are currently prohibited by Prohibited Weapons Order, No. 10: body-armour piercing cartridges; incendiary projectiles; exploding projectiles; and, "fléchette" cartridges. No new kind of ammunition is being added to this class.

Only businesses with a prescribed purpose, such as those which supply movie productions or the police, may possess prohibited devices or prohibited ammunition.

Alternatives Considered

An exclusively statutory regime would not have been practicable. Technical knowledge is required to determine what particular firearms, weapons, devices and ammunition should be classed as either prohibited or restricted. The use of regulations allows for the application of this knowledge in both the determination of what should be included and in the manner in which it is described. The descriptions required are also too technical and too detailed to be appropriate for inclusion in the definitions in subsection 84(1) of the Criminal Code itself. Regulations are a more flexible instrument and can be amended from time to time as the technical description of existing firearms and weapons changes because of further developments or the appearance of new models or devices. The use of regulations allows the Governor in Council to respond quickly to new weapons developments and take effective action against firearms and other weapons that pose a risk to public safety.

Consistency with Regulatory Policy and Citizens' Code

The Regulations are pre-published in the Canada Gazette, Part I, in accordance with Government regulatory policy.

Anticipated Impact

The Regulations will have relatively little impact on both individuals and businesses, as they do not add any new firearms, weapons, devices or ammunition to the lists of those which are already prohibited or restricted. A few individuals and businesses may benefit from the deletion of the Valmet Hunter from the prohibited firearms class. The only significant change made by the Regulations involves pepper spray. Individuals and businesses in possession of pepper spray devices, other than those designed as "bear spray" for use in wilderness areas, will be advised through general communications programs that these devices will be clearly defined as prohibited weapons when the Regulations come into force. They will have to be disposed of, exported or sold to a prescribed purpose business, such as a business that supplies the police with such devices. Those who sell or use pepper spray for protection against bears or other wild animals will, on the other hand, benefit from the elimination of the ambiguity concerning the scope of the current prohibition affecting pepper spray devices in general.

Small Business Impact

Small businesses that market pepper spray devices other than "bear spray" for private use will be affected. Targeted communications programs will advise these businesses of the change in the law involving those devices.

Consultation

Consultations on these Regulations were undertaken with: provincial authorities, in particular the chief provincial and territorial firearms officers; federal departments involved in the implementation of the new law, in particular the Department of the Solicitor General, including the Royal Canadian Mounted Police, and Revenue Canada (Customs and Excise); representatives of police agencies and police associations; technical experts; firearms instructors; groups concerned about firearms control; and firearms user and industry groups, including the User Group on Firearms established by the Minister of Justice as an advisory body, firearms dealers, and individuals involved in all of the shooting sports.

Compliance Mechanism

Only the grandfathered individual owners, as set out in section 12 of the Firearms Act, and businesses with a prescribed purpose as set out in section 11 of the Act, will be eligible for licences to possess prohibited firearms. Businesses and individuals may also be licensed to possess restricted firearms for permitted purposes. Businesses with a prescribed purpose may be licensed to possess prohibited weapons, prohibited devices and prohibited ammunition. Possession of any of these items without a licence, and without a registration certificate in the case of a firearm, will be an offence contrary to sections 91 and 92 of the Criminal Code.

Coming into Force

Section 7 of the Regulations provides that they come into force on October 1, 1998, which is the date on which the relevant provisions of the Firearms Act and the new Part III of the Criminal Code will come into force.

For Further Information, Contact

Legal Counsel, Canadian Firearms Centre, Department of Justice, East Memorial Building, 284 Wellington Street, Ottawa, Ontario K1A 0H8, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 117.15 of the Criminal Code (see footnote a), to make the annexed Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.

All interested persons may, within 30 days after the date of publication of this notice, make representations concerning the proposed Regulations. All such representations should be addressed to the Legal Counsel, Canadian Firearms Centre, Department of Justice, East Memorial Building, 284 Wellington Street, Ottawa, Ontario K1A 0H8, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

June 18, 1998

MICHEL GARNEAU
Assistant Clerk of the Privy Council

REGULATIONS PRESCRIBING CERTAIN FIREARMS AND OTHER WEAPONS, COMPONENTS AND PARTS OF WEAPONS, ACCESSORIES, CARTRIDGE MAGAZINES, AMMUNITION AND PROJECTILES AS PROHIBITED OR RESTRICTED

INTERPRETATION

1. In these Regulations, "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.

PRESCRIPTION

2. The firearms listed in Part 1 of the schedule are prohibited firearms for the purposes of paragraph (d) of the definition "prohibited firearm" in subsection 84(1) of the Criminal Code.

3. The firearms listed in Part 2 of the schedule are restricted firearms for the purposes of paragraph (d) of the definition "restricted firearm" in subsection 84(1) of the Criminal Code.

4. The weapons listed in Part 3 of the schedule are prohibited weapons for the purposes of paragraph (b) of the definition "prohibited weapon" in subsection 84(1) of the Criminal Code.

5. The components and parts of weapons, accessories, and cartridge magazines listed in Part 4 of the schedule are prohibited devices for the purposes of paragraphs (a) and (d) of the definition "prohibited device" in subsection 84(1) of the Criminal Code.

6. The ammunition and projectiles listed in Part 5 of the schedule are prohibited ammunition for the purposes of the definition "prohibited ammunition" in subsection 84(1) of the Criminal Code.

COMING INTO FORCE

7. These Regulations come into force on October 1, 1998.

SCHEDULE
(Sections 2 to 6)

PART 1

PROHIBITED FIREARMS

Former Prohibited Weapons Order, No. 3

1. Any firearm capable of discharging a dart or other object carrying an electrical current or substance, including the firearm of the design commonly known as the Taser Public Defender and any variant or modified version of it.

Former Prohibited Weapons Order, No. 8

2. The firearm known as the SSS-1 Stinger and any similar firearm designed or of a size to fit in the palm of the hand.

Former Prohibited Weapons Order, No. 11

3. The firearm of the design commonly known as the Franchi SPAS 12 shotgun, and any variant or modified version of it, including the Franchi LAW 12 shotgun.

4. The firearm of the design commonly known as the Striker shotgun, and any variant or modified version of it, including the Striker 12 shotgun and the Streetsweeper shotgun.

5. The firearm of the design commonly known as the USAS-12 Auto Shotgun, and any variant or modified version of it.

6. The firearm of the design commonly known as the Franchi SPAS-15 shotgun, and any variant or modified version of it.

7. The firearms of the designs commonly known as the Benelli M1 Super 90 shotgun and the Benelli M3 Super 90 shotgun, and any variants or modified versions of them, with the exception of the

(a) M1 Super 90 Field;

(b) M1 Super 90 Sporting Special;

(c) Montefeltro Super 90;

(d) Montefeltro Super 90 Standard Hunter;

(e) Montefeltro Super 90 Left Hand;

(f) Montefeltro Super 90 Turkey;

(g) Montefeltro Super 90 Uplander;

(h) Montefeltro Super 90 Slug;

(i) Montefeltro Super 90 20 Gauge;

(j) Black Eagle;

(k) Black Eagle Limited Edition;

(l) Black Eagle Competition;

(m) Black Eagle Slug Gun;

(n) Super Black Eagle; and

(o) Super Black Eagle Custom Slug.

8. The firearms of the designs commonly known as the Bernardelli B4 shotgun and the Bernardelli B4/B shotgun, and any variants or modified versions of them.

9. The firearm of the design commonly known as the American 180 Auto Carbine, and any variant or modified version of it, including the AM-180 Auto Carbine and the Illinois Arms Company Model 180 Auto Carbine.

10. The firearms of the designs commonly known as the Barrett "Light Fifty" Model 82A1 rifle and the Barrett Model 90 rifle, and any variants or modified versions of them.

11. The firearm of the design commonly known as the Calico M-900 rifle, and any variant or modified version of it, including the M-951 carbine, M-100 carbine and M-105 carbine.

12. The firearm of the design commonly known as the Iver Johnson AMAC long-range rifle, and any variant or modified version of it.

13. The firearm of the design commonly known as the McMillan M87 rifle, and any variant or modified version of it, including the McMillan M87R rifle and the McMillan M88 carbine.

14. The firearms of the designs commonly known as the Pauza Specialties P50 rifle and P50 carbine, and any variants or modified versions of them.

15. The firearm of the design commonly known as the Encom MK-IV carbine, and any variant or modified version of it.

16. The firearms of the designs commonly known as the Encom MP-9 and MP-45 carbines, and any variants or modified versions of them.

17. The firearm of the design commonly known as the FAMAS rifle, and any variant or modified version of it, including the MAS 223, FAMAS Export, FAMAS Civil and Mitchell MAS/22.

18. The firearm of the design commonly known as the Feather AT-9 Semi-Auto Carbine, and any variant or modified version of it, including the Feather AT-22 Auto Carbine.

19. The firearm of the design commonly known as the Federal XC-450 Auto Rifle, and any variant or modified version of it, including the Federal XC-900 rifle and Federal XC-220 rifle.

20. The firearm of the design commonly known as the Gepard long-range sniper rifle, and any variant or modified version of it.

21. The firearm of the design commonly known as the Heckler and Koch (HK) Model G11 rifle, and any variant or modified version of it.

22. The firearm of the design commonly known as the Research Armament Industries (RAI) Model 500 rifle, and any variant or modified version of it.

23. The firearm of the design commonly known as the Spectre Auto Carbine, and any variant or modified version of it.

24. The firearm of the design commonly known as the US Arms PMAI "Assault" 22 rifle, and any variant or modified version of it.

25. The firearm of the design commonly known as the Weaver Arms Nighthawk Carbine, and any variant or modified version of it.

26. The firearm of the design commonly known as the A.A. Arms AR9 Semi-Automatic Rifle, and any variant or modified version of it.

27. The firearms of the designs commonly known as the Claridge HI-TEC C, LEC-9 and ZLEC-9 carbines, and any variants or modified versions of them.

28. The firearm of the design commonly known as the Kimel Industries AR-9 rifle or carbine, and any variant or modified version of it.

29. The firearm of the design commonly known as the Grendel R-31 Auto Carbine, and any variant or modified version of it.

30. The firearms of the designs commonly known as the Maadi Griffin Rifle and the Maadi Griffin Carbine, and any variants or modified versions of them.

31. The firearm of the design commonly known as the AA Arms Model AR-9 carbine, and any variant or modified version of it.

32. The firearm of the design commonly known as the Bushmaster Auto Pistol, and any variant or modified version of it.

33. The firearm of the design commonly known as the Calico M-950 Auto Pistol, and any variant or modified version of it, including the M-110 pistol.

34. The firearm of the design commonly known as the Encom MK-IV assault pistol, and any variant or modified version of it.

35. The firearms of the designs commonly known as the Encom MP-9 and MP-45 assault pistols, and any variants or modified versions of them, including the Encom MP-9 and MP-45 mini pistols.

36. The firearm of the design commonly known as the Federal XP-450 Auto Pistol, and any variant or modified version of it, including the XP-900 Auto Pistol.

37. The firearm of the design commonly known as the Heckler and Koch (HK) SP89 Auto Pistol, and any variant or modified version of it.

38. The firearm of the design commonly known as the Intratec Tec-9 Auto Pistol, and any variant or modified version of it, including the Tec-9S, Tec-9M, Tec-9MS, and any semi-automatic variants of them, including the Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion, Tec-22T and Tec-22TN.

39. The firearms of the designs commonly known as the Iver Johnson Enforcer Model 3000 Auto Pistol and the Iver Johnson Plainfield Super Enforcer Carbine, and any variants or modified versions of them.

40. The firearm of the design commonly known as the Skorpion Auto Pistol, and any variant or modified version of it.

41. The firearm of the design commonly known as the Spectre Auto Pistol, and any variant or modified version of it.

42. The firearm of the design commonly known as the Sterling Mk 7 pistol, and any variant or modified version of it, including the Sterling Mk 7 C4 and Sterling Mk 7 C8.

43. The firearm of the design commonly known as the Universal Enforcer Model 3000 Auto Carbine, and any variant or modified version of it, including the Universal Enforcer Model 3010N, Model 3015G, Model 3020TRB and Model 3025TCO Carbines.

44. The firearm of the design commonly known as the US Arms PMAIP "Assault" 22 pistol, and any variant or modified version of it.

45. The firearm of the design commonly known as the Goncz High-Tech Long Pistol, and any variant or modified version of it, including the Claridge Hi-Tec models S, L, T, ZL-9 and ZT-9 pistols.

46. The firearm of the design commonly known as the Leader Mark 5 Auto Pistol, and any variant or modified version of it.

47. The firearm of the design commonly known as the OA-93 assault pistol, and any variant or modified version of it.

48. The firearm of the design commonly known as the A.A. Arms AP9 Auto Pistol, and any variant or modified version of it.

49. The firearm of the design commonly known as the Patriot pistol, and any variant or modified version of it.

50. The firearm of the design commonly known as the XM 231S pistol, and any variant or modified version of it, including the A1, A2 and A3 Flattop pistols.

51. The firearm of the design commonly known as the AA Arms Model AP-9 pistol, and any variant or modified version of it, including the Target AP-9 and the Mini AP-9 pistols.

52. The firearm of the design commonly known as the Kimel Industries AP-9 pistol, and any variant or modified version of it.

53. The firearms of the designs commonly known as the Grendel P-30, P-30 M, P-30 L and P-31 pistols, and any variants or modified versions of them.

54. The firearms of the designs commonly known as the Claridge HI-TEC ZL-9, HI-TEC S, HI-TEC L, HI-TEC T, HI-TEC ZT-9 and HI-TEC ZL-9 pistols, and any variants or modified versions of them.

55. The firearm of the design commonly known as the Steyr SPP Assault Pistol, and any variant or modified version of it.

56. The firearm of the design commonly known as the Maadi Griffin Pistol, and any variant or modified version of it.

57. The firearm of the design commonly known as the Interdynamics KG-99 Assault Pistol, and any variant or modified version of it.

Former Prohibited Weapons Order, No. 12

58. The firearm of the design commonly known as the Sterling Mk 6 Carbine, and any variant or modified version of it.

59. The firearm of the design commonly known as the Steyr AUG rifle, and any variant or modified version of it.

60. The firearm of the design commonly known as the UZI carbine, and any variant or modified version of it, including the UZI Model A carbine and the Mini-UZI carbine.

61. The firearms of the designs commonly known as the Ingram M10 and M11 pistols, and any variants or modified versions of them, including the Cobray M10 and M11 pistols, the RPB M10, M11, SM10 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols.

62. The firearm of the design commonly known as the Partisan Avenger Auto Pistol, and any variant or modified version of it.

63. The firearm of the design commonly known as the UZI pistol, and any variant or modified version of it, including the Micro-UZI pistol.

Former Prohibited Weapons Order, No. 13

64. The firearm of the design commonly known as the AK-47 rifle, and any variant or modified version of it except for the Valmet Hunter, the Valmet Hunter Auto and the Valmet M78 rifles, but including the

(a) AK-74;

(b) AK Hunter;

(c) AKM;

(d) AKM-63;

(e) AKS-56S;

(f) AKS-56S-1;

(g) AKS-56S-2;

(h) AKS-74;

(i) AKS-84S-1;

(j) AMD-65;

(k) AR Model .223;

(l) Dragunov;

(m) Galil;

(n) KKMPi69;

(o) M60;

(p) M62;

(q) M70B1;

(r) M70AB2;

(s) M76;

(t) M77B1;

(u) M78;

(v) M80;

(w) M80A;

(x) MAK90;

(y) MPiK;

(z) MPiKM;

(z.1) MPiKMS-72;

(z.2) MPiKS;

(z.3) PKM;

(z.4) PKM-DGN-60;

(z.5) PMKM;

(z.6) RPK;

(z.7) RPK-74;

(z.8) RPK-87S;

(z.9) Type 56;

(z.10) Type 56-1;

(z.11) Type 56-2;

(z.12) Type 56-3;

(z.13) Type 56-4;

(z.14) Type 68;

(z.15) Type 79;

(z.16) American Arms AKY39;

(z.17) American Arms AKF39;

(z.18) American Arms AKC47;

(z.19) American Arms AKF47;

(z.20) MAM70WS762;

(z.21) MAM70FS762;

(z.22) Mitchell AK-22;

(z.23) Mitchell AK-47;

(z.24) Mitchell Heavy Barrel AK-47;

(z.25) Norinco 84S;

(z.26) Norinco 84S AK;

(z.27) Norinco 56;

(z.28) Norinco 56-1;

(z.29) Norinco 56-2;

(z.30) Norinco 56-3;

(z.31) Norinco 56-4;

(z.32) Poly Technologies Inc. AK-47/S;

(z.33) Poly Technologies Inc. AKS-47/S;

(z.34) Poly Technologies Inc. AKS-762;

(z.35) Valmet M76;

(z.36) Valmet M76 carbine;

(z.37) Valmet M78;

(z.38) Valmet M78/A2;

(z.39) Valmet M78 (NATO) LMG;

(z.40) Valmet M82; and

(z.41) Valmet M82 Bullpup.

65. The firearm of the design commonly known as the Armalite AR-180 Sporter carbine, and any variant or modified version of it.

66. The firearm of the design commonly known as the Beretta AR70 assault rifle, and any variant or modified version of it.

67. The firearm of the design commonly known as the BM 59 rifle, and any variant or modified version of it, including

(a) the Beretta

(b) the Springfield Armory

68. The firearm of the design commonly known as the Bushmaster Auto Rifle, and any variant or modified version of it.

69. The firearm of the design commonly known as the Cetme Sport Auto Rifle, and any variant or modified version of it.

70. The firearm of the design commonly known as the Daewoo K1 rifle, and any variant or modified version of it, including the Daewoo K1A1, K2, Max 1, Max 2, AR-100, AR 110C, MAXI-II and KC-20.

71. The firearm of the design commonly known as the Demro TAC-1M carbine, and any variant or modified version of it, including the Demro XF-7 Wasp Carbine.

72. The firearm of the design commonly known as the Eagle Apache Carbine, and any variant or modified version of it.

73. The firearm of the design commonly known as the FN-FNC rifle, and any variant or modified version of it, including the FNC Auto Rifle, FNC Auto Paratrooper, FNC-11, FNC-22 and FNC-33.

74. The firearm of the design commonly known as the FN-FAL (FN-LAR) rifle, and any variant or modified version of it, including the FN 308 Model 44, FN-FAL (FN-LAR) Competition Auto, FN-FAL (FN-LAR) Heavy Barrel 308 Match, FN-FAL (FN-LAR) Paratrooper 308 Match 50-64 and FN 308 Model 50-63.

75. The firearm of the design commonly known as the G3 rifle, and any variant or modified version of it, including the Heckler and Koch

(a) HK 91;

(b) HK 91A2;

(c) HK 91A3;

(d) HK G3 A3;

(e) HK G3 A3 ZF;

(f) HK G3 A4;

(g) HK G3 SG/1; and

(h) HK PSG1.

76. The firearm of the design commonly known as the Galil assault rifle, and any variant or modified version of it, including the AP-84, Galil ARM, Galil AR, Galil SAR, Galil 332 and Mitchell Galil/22 Auto Rifle.

77. The firearm of the design commonly known as the Goncz High-Tech Carbine, and any variant or modified version of it.

78. The firearm of the design commonly known as the Heckler and Koch HK 33 rifle, and any variant or modified version of it, including the

(a) HK 33A2;

(b) HK 33A3;

(c) HK 33KA1;

(d) HK 93;

(e) HK 93A2; and

(f) HK 93A3.

79. The firearm of the design commonly known as the J & R Eng M-68 carbine, and any variant or modified version of it, including the PJK M-68 and the Wilkinson Terry carbine.

80. The firearm of the design commonly known as the Leader Mark Series Auto Rifle, and any variant or modified version of it.

81. The firearms of the designs commonly known as the MP5 submachine gun and MP5 carbine, and any variants or modified versions of them, including the Heckler and Koch

(a) HK MP5;

(b) HK MP5A2;

(c) HK MP5A3;

(d) HK MP5K;

(e) HK MP5SD;

(f) HK MP5SD1;

(g) HK MP5SD2;

(h) HK MP5SD3;

(i) HK 94;

(j) HK 94A2; and

(k) HK 94A3.

82. The firearm of the design commonly known as the PE57 rifle, and any variant or modified version of it.

83. The firearms of the designs commonly known as the SG-550 rifle and SG-551 carbine, and any variants or modified versions of them.

84. The firearm of the design commonly known as the SIG AMT rifle, and any variant or modified version of it.

85. The firearm of the design commonly known as the Springfield Armory SAR-48 rifle, and any variant or modified version of it, including the SAR-48 Bush, SAR-48 Heavy Barrel, SAR-48 Para and SAR-48 Model 22.

86. The firearm of the design commonly known as the Thompson submachine gun, and any variant or modified version of it, including the

(a) Thompson Model 1921;

(b) Thompson Model 1927;

(c) Thompson Model 1928;

(d) Thompson Model M1;

(e) Auto-Ordnance M27A-1;

(f) Auto-Ordnance M27A-1 Deluxe;

(g) Auto-Ordnance M1927A-3;

(h) Auto-Ordnance M1927A-5;

(i) Auto-Ordnance Thompson M1;

(j) Commando Arms Mk I;

(k) Commando Arms Mk II;

(l) Commando Arms Mk III;

(m) Commando Arms Mk 9; and

(n) Commando Arms Mk 45.

PART 2

RESTRICTED FIREARMS

Former Restricted Weapons Order

1. The firearms of the designs commonly known as the High Standard Model 10, Series A shotgun and the High Standard Model 10, Series B shotgun, and any variants or modified versions of them.

2. The firearm of the design commonly known as the M-16 rifle, and any variant or modified version of it, including the

(a) Colt AR-15;

(b) Colt AR-15 SPI;

(c) Colt AR-15 Sporter;

(d) Colt AR-15 Collapsible Stock Model;

(e) Colt AR-15 A2;

(f) Colt AR-15 A2 Carbine;

(g) Colt AR-15 A2 Government Model Rifle;

(h) Colt AR-15 A2 Government Model Target Rifle;

(i) Colt AR-15 A2 Government Model Carbine;

(j) Colt AR-15 A2 Sporter II;

(k) Colt AR-15 A2 H-BAR;

(l) Colt AR-15 A2 Delta H-BAR;

(m) Colt AR-15 A2 Delta H-BAR Match;

(n) Colt AR-15 9mm Carbine;

(o) Armalite AR-15;

(p) AAI M15;

(q) AP74;

(r) EAC J-15;

(s) PWA Commando;

(t) SGW XM15A;

(u) SGW CAR-AR;

(v) SWD AR-15; and

(w) any 22-calibre rimfire variant, including the

PART 3

PROHIBITED WEAPONS

Former Prohibited Weapons Order, No. 1

1. Any device that is designed to injure, immobilize or otherwise incapacitate a person by the discharge of any liquid, spray, powder, gas or other substance that is capable of injuring, immobilizing or otherwise incapacitating a person.

2. Any device that is capable of injuring, immobilizing or incapacitating a person by the discharge of

(a) a substance that contains oleoresin capsicum, capsicum, capsaicin or a capsaicinoid, unless the device

(b) tear gas or mace.

Former Prohibited Weapons Order, No. 2

3. Any instrument or device commonly known as "nunchaku", being hard non-flexible sticks, clubs, pipes, or rods linked by a length or lengths of rope, cord, wire or chain, and any similar instrument or device.

4. Any instrument or device commonly known as "shuriken", being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or other geometrical shape, and any similar instrument or device.

5. Any instrument or device commonly known as "manrikigusari" or "kusari", being hexagonal or other geometrically shaped hard weights or hand grips linked by a length or lengths of rope, cord, wire or chain, and any similar instrument or device.

6. Any finger ring that has one or more blades or sharp objects that are capable of being projected from the surface of the ring.

Former Prohibited Weapons Order, No. 3

7. Any device that is designed to be capable of injuring, immobilizing or incapacitating a person or an animal by discharging an electrical charge produced by means of the amplification or accumulation of the electrical current generated by a battery, where the device is designed or altered so that the electrical charge may be discharged when the device is of a length of less than 480 mm, and any similar device.

8. A crossbow or similar device that

(a) is designed or altered to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; or

(b) has a length not exceeding 500 mm.

Former Prohibited Weapons Order, No. 4

9. The device known as the "Constant Companion", being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade, and any similar device.

10. Any knife commonly known as a "push-dagger" that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade and any other similar device other than the aboriginal "ulu" knife.

11. Any device having a length of less than 30 cm and resembling an innocuous object but designed to conceal a knife or blade, including the device commonly known as the "knife-comb", being a comb with the handle of the comb forming a handle for the knife, and any similar device.

Former Prohibited Weapons Order, No. 5

12. The device commonly known as a "Spiked Wristband", being a wristband to which a spike or blade is affixed, and any similar device.

Former Prohibited Weapons Order, No. 6

13. The device commonly known as "Yaqua Blowgun", being a tube or pipe designed for the purpose of shooting arrows or darts by the breath, and any similar device.

Former Prohibited Weapons Order, No. 7

14. The device commonly known as a "Kiyoga Baton" or "Steel Cobra" and any similar device consisting of a manually triggered telescoping spring-loaded steel whip terminated in a heavy calibre striking tip.

15. The device commonly known as a "Morning Star" and any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain, rope or other flexible material.

Former Prohibited Weapons Order, No. 8

16. The device known as "Brass Knuckles" and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand.

PART 4

PROHIBITED DEVICES

Former Prohibited Weapons Order, No. 9

1. Any electrical or mechanical device that is designed or adapted to operate the trigger mechanism of a semi-automatic firearm for the purpose of causing the firearm to discharge cartridges in rapid succession.

2. Any rifle, shotgun or carbine stock of the type known as the "bull-pup" design, being a stock that, when combined with a firearm, reduces the overall length of the firearm such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position.

Former Cartridge Magazine Control Regulations

3. (1) Any cartridge magazine

(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in

(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

(2) Paragraph (1)(a) does not include any cartridge magazine that

(a) was originally designed or manufactured for use in a firearm that

(b) is not a reproduction and was originally designed or manufactured for use in a firearm that

(c) is of the "drum" type, is not a reproduction and was originally designed or manufactured for use in a firearm commonly known as

(d) is of the "metallic-strip" type, is not a reproduction and was originally designed or manufactured for use in conjunction with the firearm known as the Hotchkiss machine-gun, Model 1895 or Model 1897, or any variant or modified version of it, including the Hotchkiss machine-gun, Model 1900, Model 1909, Model 1914 and Model 1917, and the Hotchkiss machine-gun (Enfield), Number 2, Mark 1 and Mark 1^*;

(e) is of the "saddle-drum" type (doppeltrommel or satteltrommel), is not a reproduction and was originally designed or manufactured for use in the automatic firearms known as the MG-13, MG-15, MG-17, MG-34, T6-200 or T6-220, or any variant or modified version of it; or

(f) is of the "belt" type consisting of a fabric or metal belt, is not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945.

(3) Paragraph (1)(b) does not include any cartridge magazine that

(a) is of the "snail-drum" type (schneckentrommel) that was originally designed or manufactured for use in a firearm that is a handgun known as the Parabellum-Pistol, System Borchardt-Luger, Model 1900, or "Luger", or any variant or modified version of it, including the Model 1902, Model 1904 (Marine), Model 1904/06 (Marine), Model 1904/08 (Marine), Model 1906, Model 1908 and Model 1908 (Artillery) pistols;

(b) was originally designed or manufactured for use in a firearm that is a semi-automatic handgun, where the magazine was manufactured before 1910;

(c) was originally designed or manufactured as an integral part of the firearm known as the Mauser Selbstladepistole C/96 ("broomhandle"), or any variant or modified version of it, including the Model 1895, Model 1896, Model 1902, Model 1905, Model 1912, Model 1915, Model 1930, Model 1931, M711 and M712; or

(d) was originally designed or manufactured for use in the semi-automatic firearm that is a handgun known as the Webley and Scott Self-Loading Pistol, Model 1912 or Model 1915.

(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.

(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes

(a) the indentation of its casing by forging, casting, swaging or impressing;

(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or

(c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.

PART 5

PROHIBITED AMMUNITION

Former Prohibited Weapons Order, No. 10

1. Any cartridge that is capable of being discharged from a commonly available semi-automatic handgun or revolver and that is manufactured or assembled with a projectile that is designed, manufactured or altered so as to be capable of penetrating body armour, including KTW, THV and 5.7 × 28 mm P-90 cartridges.

2. Any projectile that is designed, manufactured or altered to ignite on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

3. Any projectile that is designed, manufactured or altered so as to explode on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

4. Any cartridge that is capable of being discharged from a shotgun and that contains projectiles known as "fléchettes" or any similar projectiles.

[25-1-o]

Footnote a

S.C., 1995, c. 39, s. 139

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