Ammunition Regulation Act, 1994, S.O. 1994, c. 20

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Ammunition Regulation Act, 1994

S.O. 1994, CHAPTER 20

Consolidation Period: From December 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 33, Sched. 9, s. 1.

Legislative History: 2009, c. 33, Sched. 9, s. 1.

Definition

1. In this Act,

“ammunition” means a cartridge, shot shell or pellet.  1994, c. 20, s. 1.

Restriction re purchase of ammunition

2. (1) No person shall purchase ammunition unless the person is at least 18 years old and at the time of purchase presents valid identification that has his or her photograph and age or date of birth or other valid identification prescribed by regulation.  1994, c. 20, s. 2 (1).

Same

(2) Despite subsection (1), a person under 18 years old may purchase ammunition if he or she presents at the time of purchase the valid identification required under subsection (1) and a valid licence issued to him or her under subsection 8 (2) of the Firearms Act (Canada).  1994, c. 20, s. 2 (2); 2009, c. 33, Sched. 9, s. 1 (1).

Same

(3) Despite subsection (1), a person 12 years old or older and under 18 years old may purchase ammunition if he or she presents at the time of purchase the valid identification required under subsection (1) and a valid licence issued to him or her under subsection 8 (3) of the Firearms Act (Canada).  2009, c. 33, Sched. 9, s. 1 (2).

Improper documentation

(4) No person shall present, for the purpose of purchasing ammunition, identification or a permit other than that which was lawfully issued to him or her.  1994, c. 20, s. 2 (4).

Offence

(5) A person who contravenes subsection (1), except as permitted by subsection (2) or (3), is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $5,000;

(b) for a second or subsequent offence, to a fine of not more than $10,000.  1994, c. 20, s. 2 (5).

Same

(6) A person who contravenes subsection (4) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1994, c. 20, s. 2 (6).

Interpretation

(7) Identification for the purposes of this section must be issued by,

(a) the Government of Canada;

(b) the government of a province or territory in Canada;

(c) a municipality in Canada;

(d) an agency, board or commission of a government or municipality described in clause (a), (b) or (c); or

(e) a foreign government or agency of a foreign government.  1994, c. 20, s. 2 (7).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 9, s. 1 (1, 2) - 15/12/2009

Restriction re sale of ammunition

3. (1) No person shall knowingly sell or provide ammunition to any person unless that person produces documentation as required under subsection 2 (1), (2) or (3).  2009, c. 33, Sched. 9, s. 1 (3).

Reliance on documentation

(2) A person who sells or provides ammunition to another person on the basis of the documentation described in section 2 is not in contravention of subsection (1) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the person providing it.  2009, c. 33, Sched. 9, s. 1 (3).

Offence

(3) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000;

(b) for a second or subsequent offence, to a fine of not more than $50,000.  2009, c. 33, Sched. 9, s. 1 (3).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 9, s. 1 (3) - 15/12/2009

Record keeping

4. (1) A person who holds a licence issued under subsection 56 (1) of the Firearms Act (Canada) to carry on a business that involves the sale of ammunition shall keep a record of the following information for all ammunition sales:

1. The date and time of the purchase.

2. The name, age and address of the purchaser.

3. The type of identification and permit produced and their serial numbers.

4. The calibre and quantity of ammunition purchased.  1994, c. 20, s. 4 (1); 2009, c. 33, Sched. 9, s. 1 (4).

Inspection of records

(2) The chief firearms officer for Ontario, designated under the Firearms Act (Canada), or any person authorized by him or her for the purposes of this section, may conduct an inspection of the records required to be kept under subsection (1).  1994, c. 20, s. 4 (2); 2009, c. 33, Sched. 9, s. 1 (5).

Powers on inspection

(3) In conducting an inspection under this section, the chief firearms officer for Ontario or a person authorized by him or her,

(a) may enter any place at any reasonable time;

(b) may request the production of the records for inspection;

(c) upon giving a receipt, may remove the records produced pursuant to a request under clause (b) for the purpose of making copies or extracts and shall promptly return them to the person who produced them.  1994, c. 20, s. 4 (3); 2009, c. 33, Sched. 9, s. 1 (6).

Identification

(4) A person conducting an inspection under this section shall on request produce identification and, if appropriate, proof of his or her authorization.  1994, c. 20, s. 4 (4).

Dwellings

(5) No person conducting an inspection under this section may enter a place that is also a dwelling without the consent of the occupier or without first obtaining and producing a warrant.  1994, c. 20, s. 4 (5).

Warrant

(6) If a justice of the peace is satisfied on evidence upon oath that there are in a place documents that there is reasonable ground to believe will afford evidence relevant to conducting an inspection under this section, and entry has been denied or will be denied, the justice of the peace may issue a warrant authorizing the person named in the warrant to do anything described in subsection (3).  1994, c. 20, s. 4 (6).

Execution and expiry

(7) A warrant issued under this section,

(a) shall specify the hours and days during which it may be executed; and

(b) shall name the date on which it expires, which date shall not be later than 15 days after its issue.  1994, c. 20, s. 4 (7).

Admissibility of copies

(8) Copies of, or extracts from, records removed from any place under this section and certified as being true copies of or extracts from the original by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the records of which they are copies or extracts.  1994, c. 20, s. 4 (8).

Obstruction

(9) No person shall hinder or obstruct a person lawfully conducting an inspection under this section.  1994, c. 20, s. 4 (9).

Offence

(10) A person who contravenes subsection (1) or (9) or a regulation made under clause 5 (b) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000;

(b) for a second or subsequent offence, to a fine of not more than $50,000.  1994, c. 20, s. 4 (10).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 9, s. 1 (4-6) - 15/12/2009

Regulations

5. The Minister may make regulations,

(a) prescribing other documentation that is acceptable for the purposes of section 2 and, in doing so, may prescribe documentation that does not have a photograph of the holder;

(b) governing the records to be kept under section 4, including prescribing the form of the records, additional information to be kept, where the records are to be kept and the length of time for which the records are to be kept.  1994, c. 20, s. 5.

6. Omitted (provides for coming into force of provisions of this Act).  1994, c. 20, s. 6.

7. Omitted (enacts short title of this Act).  1994, c. 20, s. 7.

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