P-38.0001 - Act to protect persons with regard to activities involving firearms

Updated to 1 September 2008

This document has official status.

chapter P-38.0001

Act to protect persons with regard to activities involving firearms

1. The purpose of this Act is, among other things, to protect persons who frequent the premises of a designated institution, including the grounds of the institution and the structures standing on those grounds.

The following are designated institutions:

(1)  childcare centres and day care centres within the meaning of the Educational Childcare Act (chapter S-4.1.1);

(2)  nursery schools within the meaning of section 153 of that Act;

(3)  schools that provide childcare services, preschools, elementary and secondary schools, postsecondary colleges, general and vocational colleges, vocational training centres, adult education centres, and universities.

This Act and its regulations apply, with the necessary modifications, to premises where home childcare is provided, regardless of whether the childcare provider is a recognized home childcare provider under the Educational Childcare Act.

This Act also seeks to protect persons who use public transportation, with the exception of taxis, and those who use school transportation.

The Government may, by regulation, designate institutions other than those mentioned in the second paragraph, exempt from the application of this Act any institution mentioned in that paragraph or certain of its premises, or exempt from the application of this Act certain means of public transportation, in the cases and under the conditions that it determines.

2007, c. 30, s. 1.

2. No person may be in possession of a firearm within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) on the premises of a designated institution. This also applies to public transportation, with the exception of taxis, and to school transportation.

A person who contravenes the first paragraph is guilty of an offence and liable to a fine of $500 to $5,000.

2007, c. 30, s. 2.

3. Section 2 does not apply to public officers within the meaning of section 117.07 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), to persons authorized to bear firearms for the protection of their own or another’s life or for use in the course of their lawful professional activity, or to persons designated by government regulation, with regard to the responsibilities they assume or the activities they exercise and under the conditions determined in the regulation.

2007, c. 30, s. 3.

4. The Minister may exceptionally authorize an activity involving firearms to take place on the premises of a designated institution, in the cases, for the duration and under the conditions determined by the Minister.

2007, c. 30, s. 4.

5. A peace officer who has reasonable grounds to believe that a person is contravening section 2 may, without a warrant, search that person and the person’s immediate environment, and seize any firearm in the person’s possession.

A firearm thus seized may be detained for a period of 90 days. At the end of that period it must be given back to the owner unless that person is not in compliance with the Firearms Act (Statutes of Canada, 1995, chapter 39) or detention of the firearm is required for legal proceedings.

When a person is found guilty of an offence under section 2, the judge may, on application by the prosecuting party, declare the seized firearm to be confiscated.

The provisions of articles 129 to 141 of the Code of Penal Procedure (chapter C-25.1) that relate to the custody, detention and disposition of things seized, and are complementary to and not incompatible with this section, apply with the necessary modifications.

2007, c. 30, s. 5.

6. A teacher, professional or other person working at a designated institution who has reasonable grounds to believe that a person is contravening section 2, or that a firearm is on the premises of the institution, must advise the police of the situation immediately. This also applies to public transportation or school transportation admission attendants and drivers with regard to persons who use such transportation.

2007, c. 30, s. 6.

7. A teacher or a professional occupying a management position at a designated institution who has reasonable grounds to believe that a person on the premises of the institution is behaving in such a way as to compromise the safety of that person or another person by the use of a firearm, must report that behaviour to the police, providing the latter only with such information as is required to facilitate police intervention. This also applies to public transportation or school transportation admission attendants and drivers with regard to persons who use such transportation.

2007, c. 30, s. 7.

8. A professional referred to in the second paragraph who, in the course of exercising his or her profession, has reasonable grounds to believe that a person is behaving in such a way as to compromise the safety of that person or another person by the use of a firearm, is authorized to report that behaviour to the police, providing the latter only with such information as is required to facilitate police intervention, including information protected by professional secrecy and despite any provision binding the professional to maintain confidentiality, particularly in matters regarding health and social services.

For the purposes of this section, a professional is

(1)  a physician;

(2)  a psychologist;

(3)  a vocational guidance counsellor or psychoeducator;

(4)  a nurse; or

(5)  a social worker or marriage and family therapist.

The Government may, by regulation, make the provisions of the first paragraph applicable to a professional not mentioned in the second paragraph.

A professional referred to in this section who is in the situation described in this section is not required to comply with section 6.

2007, c. 30, s. 8.

9. A director of an institution that operates a hospital centre or local community service centre within the meaning of the Act respecting health services and social services (chapter S-4.2), or a person designated by the director, must report to the police any instance of a person being treated in the institution for an injury caused by a projectile from a firearm, specifying only the person’s identity, if known, and the name of the institution. This information is communicated orally and as soon as is practicably possible, considering the importance of not hampering the treatment of the person concerned or disrupting the normal course of the institution’s activities.

The Government may, by regulation,

(1)  in the cases and under the conditions it determines, make other health establishments or private health facilities operated by physicians subject to the obligation to report to the police as set out in the first paragraph, which private health facilities must designate a person within the facility to assume that obligation;

(2)  determine any other information to be reported to the police to facilitate their intervention; and

(3)  specify any other requirement regarding a report to the police.

2007, c. 30, s. 9.

10. A person cannot be prosecuted for acts performed in good faith in accordance with sections 6 to 9.

No person may divulge or be compelled to divulge the identity of a person who acts in accordance with those sections, despite section 88 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2007, c. 30, s. 10.

11. The clerk of the Court of Québec must inform the chief firearms officer immediately of an application referred to in article 778 of the Code of Civil Procedure (chapter C-25) relating to a person whose mental state presents a danger to that person or to other persons and provide the chief firearms officer with the name, address and date of birth of the person and with the court file number. The chief firearms officer must verify whether the person is in possession of a firearm, has access to a firearm or holds a licence to acquire a firearm. If the verification proves negative, the chief firearms officer must destroy the information five years after being so informed.

At the request of the chief firearms officer, the clerk confirms whether or not a person identified by the officer and applying for a licence or authorization under the Firearms Act (Statutes of Canada, 1995, chapter 39) has previously been the subject of an application referred to in article 778 of the Code of Civil Procedure. If so, the clerk provides the chief firearms officer with the court file number relating to the application.

The chief firearms officer is the person designated by the Minister of Public Security to act as such in Québec under the Firearms Act.

2007, c. 30, s. 11.

12. Any person who contravenes a regulation under this Act, other than a regulation under section 9, is guilty of an offence and liable to a fine of $500 to $5,000.

2007, c. 30, s. 12.

13. The Minister of Public Security is responsible for the administration of this Act.

2007, c. 30, s. 13.

ACT RESPECTING SAFETY IN SPORTS

14. (Amendment integrated into c. S-3.1, ss. 46.24-46.43).

2007, c. 30, s. 14.

15. (Amendment integrated into c. S-3.1, s. 53.1).

2007, c. 30, s. 15.

16. (Amendment integrated into c. S-3.1, s. 58).

2007, c. 30, s. 16.

17. (Amendment integrated into c. S-3.1, s. 60.1).

2007, c. 30, s. 17.

18. (Amendment integrated into c. S-3.1, s. 73).

2007, c. 30, s. 18.

19. (Amendment integrated into c. S-4.2, s. 19).

2007, c. 30, s. 19.

AMENDING, TRANSITIONAL AND FINAL PROVISIONS

20. (Omitted).

2007, c. 30, s. 20.

21. (Omitted).

2007, c. 30, s. 21.

22. (Omitted).

2007, c. 30, s. 22.

23. If on 1 September 2008 a firearm is kept in a residence where home childcare is provided, the home childcare provider has until 30 November 2008 to comply with paragraph 14 of section 60 and section 97.1 of the Educational Childcare Regulation (Order in Council 582-2006 dated 20 June 2006), enacted by sections 21 and 22 of chapter 30 of the statutes of 2007.

2007, c. 30, s. 23.

24. An operator of a shooting club or shooting range in operation on 1 September 2008 may continue operations provided the operator obtains, in accordance with this Act, a shooting club licence or shooting range licence within one year of the date of coming into force of the regulation provided for in section 46.25 of the Act respecting safety in sports (chapter S-3.1).

2007, c. 30, s. 24.

25. Members of shooting clubs have one year as of the coming into force of the regulation provided for in section 46.42 of the Act respecting safety in sports (chapter S-3.1) to provide a shooting club operator with an attestation to the effect that they have passed a competency test in the safe practice of the sport of target shooting with restricted firearms or prohibited firearms.

2007, c. 30, s. 25.

26. Sports federations and unaffiliated sports bodies must have their safety regulations on target shooting with restricted or prohibited firearms approved by the Minister of Public Security on or before 1 December 2008.

If a sports federation or unaffiliated sports body fails to have its safety regulations approved by the Minister within the prescribed time, the Minister may adopt the regulations in its place. Such regulations are deemed to have been adopted by the federation or body and to have been approved by the Minister.

2007, c. 30, s. 26.

27. (Omitted).

2007, c. 30, s. 27.