replica firearm” « réplique » “replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;
Certain weapons deemed not to be firearms (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms
a) any antique firearm;(b) any device that is(i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;(c) any shooting device that is(i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and( d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.
prohibited device” « dispositif prohibé » “prohibited device” means ( a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,( b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,( c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,( d) a cartridge magazine that is prescribed to be a prohibited device, or( e) a replica firearm;
“imitation firearm” « fausse arme * feu » “imitation firearm” means any thing that imitates a firearm, and includes a replica firearm;
TRANSPORTATION OF REPLICA FIREARMS
13. An individual may transport a replica firearm only if
(a) when the vehicle in which it is being transported is equipped with a trunk or similar compartment that can be securely locked, the replica firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
(b) when the vehicle in which it is being transported is not equipped with a trunk or similar compartment that can be securely locked, the replica firearm is not visible from outside the vehicle and the vehicle, or the part of the vehicle that contains the replica firearm, is securely locked
Using imitation firearm in commission of offence (2) Every person commits an offence who uses an imitation firearm(a) while committing an indictable offence,(b) while attempting to commit an indictable offence, or(c) during flight after committing or attempting to commit an indictable offence,whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year;(b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and(c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.
Sentences to be served consecutively (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
Exceptions (4) Subsections (1) and (2) do not apply to(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,(i) lawfully disposes of it, or(ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.
Guidelines to follow since nothing exists regarding the storage of replica firearms:
STORAGE OF PROHIBITED FIREARMS
7. An individual may store a prohibited firearm only if
(a) it is unloaded;
(b) it is
(i) rendered inoperable by means of a secure locking device and stored in a container, receptacle or room that is kept securely locked and that is constructed so that it cannot readily be broken open or into, and, if the prohibited firearm is an automatic firearm that has a removable bolt or bolt-carrier, the bolt or bolt-carrier is removed and stored in a room that is different from the room in which the automatic firearm is stored, that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
(ii) stored in a vault, safe or room that has been specifically constructed or modified for the secure storage of prohibited firearms and that is kept securely locked; and
(c) it is not readily accessible to ammunition, unless the ammunition is stored, together with or separately from the firearm, in
(i) a container or receptacle that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
(ii) a vault, safe or room that has been specifically constructed or modified for the secure storage of prohibited firearms and that is kept securely locked.
the vehicle.