Ottawa, Ontario K1A 0A9 1 May 2008

Mr. Garry W. Breitkreuz, M.P.
Room 685
Confederation Building
House of Commons
Ottawa

Dear Mr. Breitkreuz:

In response to a 28 April 2008 request made by Dennis Young of your office concerning the Firearms Act, S.C. 1995, c. 39, I am pleased to offer you the following information. The content of this letter should in no way be construed as legal advice and is provided to you for your use. Anyone needing legal advice should consult private legal counsel.

In order for a firearm to be transferred – i.e., sold, bartered or given away – a registration certificate in the name of the new owner must be issued. A person is not eligible to hold a registration certificate for a firearm unless the person concerned holds a licence authorizing him or her to possess that type of firearm.

Furthermore, a registration certificate, as well as a licence to possess a firearm, may be issued to only one person. The Firearms Act does not, for instance, permit the “joint registration” of a firearm by a husband and wife. Moreover, neither a registration certificate nor a licence to possess a firearm may be transferred.

That being said, a firearm may be lent to a person holding a licence that authorizes possession of the type of firearm being lent. However, the loan of a firearm to a person holding the appropriate licence must also include the loan of the registration certificate related to the firearm being lent. Hence, a person holding the appropriate licence to possess a firearm may, for instance, borrow a firearm (along with the obligatory registration certificate) from a friend in order to participate in a hunting trip.

Also, it may be relevant to mention that while the notion of “possession,” in legal terms, relates to the control of property, the notion of “ownership” involves enforceable rights over property, which includes the right to control, handle, and dispose.

Should you require further information on this or any other subject, please do not hesitate to contact the Parliamentary Information and Research Service.

	Yours sincerely,
	Mathieu Stanton, Analyst Law and Government Division Parliamentary Information and Research Service

MS/lg

Encl.