I have been told that since I have my restricted Possession and Acquisition Licence (PAL) (for firearms), police may enter and search my home without providing a warrant whenever they choose. They are telling me it's due to Bill C-68.

Is this true, or simply a misinterpretation?

  • For the benefit of future readers it would be helpful to explain what a "restricted PAL" is as that is not obvious from either the question or the answer and abbreviations often fall out of common use. – ohwilleke Aug 14 '17 at 5:43

Sections 102-105 of the Firearms Act is what's relevant, in the section on inspections. First, this section pertains to firearms inspectors, not just every police officer. Section 102 says that

an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms

Section 103 says

The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall

(a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and

(b)provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require

The significance of the underlining is that if you allow the inspector in, you have to cooperate. But Sect 104 says:

(1) An inspector may not enter a dwelling-house under section 102 except

(a)on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and

(b) with the consent of the occupant or under a warrant

So I think it's fair to say that that is a misinterpretation.

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