moved:
Motion No. 133
That Bill C-68 be amended by adding after line 41, on page 50, the following new Clauses:
"101.1 (1) Subject to subsection (4) and section 98 of the Criminal Code, every person commits an offence who possesses a firearm, unless the person is the holder of a ) a licence under which the person may possess the firearm; and b ) a registration certificate for the firearm.
(2) Subject to subsection (4) and section 98 of the Criminal Code, 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, unless the person is the holder of a licence under which the person may possess it.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an offence punishable on summary conviction and liable a ) for a first offence, to a fine not exceeding one thousand two hundred and fifty dollars and to a minimum fine of five hundred dollars; b ) for a second offence, to a fine not exceeding two thousand dollars and to a minimum fine of one thousand two hundred and fifty dollars; and c ) for a third or subsequent offence, to a fine of not more than two thousand dollars or to imprisonment for six months or to both.
(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 firearms
101.11 (1) Where a peace officer believes on reasonable grounds that a person is in possession of a firearm in respect of which the person does not hold a registration certificate, the peace officer shall seize the firearm and may, for this purpose, search the person or a vehicle, in accordance with the provisions of the Criminal Code concerning search and seizure.
(2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491 of the Criminal Code, subject to subsection (4).
(3) A peace officer who seizes a firearm in accordance with subsection (1) shall give to the person who had possession of the firearm a notice in writing that the person shall obtain a registration certificate for the firearm within seven days of receiving the notice.
(4) The firearm that was seized shall be returned to the person who is lawfully entitled to its possession where the person obtains a registration certificate for the firearm within the period of time set out in subsection (3).
101.2 (1) A person who has been convicted of an offence under paragraph 101.1(3)( a ) or ( b ) is deemed not to have been convicted of a criminal offence.
(2) An offence referred to in paragraph 101.1(3)( a ) or ( b ) does not constitute an offence for the purposes of the Criminal Records Act.
(3) For greater certainty, notwithstanding subsection (1), the provisions of the Criminal Code relating to summary conviction offences apply to an offence referred to in paragraph 101.1(3)( a ) or ( b ).
(4) For greater certainty, nothing in this section prevents the punishment to which a person might otherwise be lawfully sentenced on a conviction for an offence referred to in paragraph 101.1(3)( a ) or ( b ).
(5) Subject to subsection (6), every person is guilty of an offence who discloses to any person any record of a conviction for an offence referred to in paragraph 101.1(3)( a ) or ( b ) or the existence of such a record or the fact of the conviction.
(6) No person commits an offence under subsection (5) where that person discloses anything referred to in that subsection to a prescribed person for the purposes of allowing the prescribed person to determine whether a person found guilty of an offence under subsection 101.1(3) has been previously convicted of an offence under that subsection.
(7) Every one is guilty of an offence who uses or authorizes the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 101.1(3)( a ) or ( b ): a ) employment in any department, as defined in section 2 of the Financial Administration Act; b ) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act; c ) enrolment in the Canadian Forces; or d ) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.''