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Bill C-15B

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COMMISSIONER OF FIREARMS

Appointment

81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix.

Duties, functions and powers

81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister.

Delegation - federal Minister

81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3).

Incapacity or vacancy

81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council.

Superannuatio n and compensation

81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.

50. (1) Section 82 of the Act is replaced by the following:

Registrar of Firearms

82. An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act.

Incapacity or vacancy

82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar.

Transitional

(2) The person occupying the position of Registrar of Firearms on the day on which section 82 of the Act, as enacted by subsection (1) of this Act, comes into force is deemed, as of that day, to be appointed as Registrar of Firearms under the Public Service Employment Act and continues to occupy that position until another person is appointed or deployed as the Registrar of Firearms under that Act.

51. Sections 93 and 94 of the Act are replaced by the following:

Report to federal Minister

93. (1) The Commissioner shall, as soon as possible after the end of each calendar year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act.

Report to be laid before Parliament

(2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it.

Information to be submitted to Commissioner

94. A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93.

52. Section 97 of the Act is replaced by the following:

Exemptions - Governor in Council

97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

Exemptions - federal Minister

(2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

Exemptions - provincial minister

(3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

Public safety

(4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

Conditions

(5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

53. Section 99 of the Act is replaced by the following:

Designated officers may perform functions of chief firearms officers

99. A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation.

54. Section 104(1) of the French version of the Act is replaced by the following:

Mandat - maison d'habitation

104. (1) Dans le cas d'une maison d'habitation, l'inspecteur ne peut toutefois procéder à la visite :

    a) sans préavis raisonnable donné au propriétaire ou à l'occupant, à moins que s'y déroulent les activités d'une entreprise;

    b) sans l'autorisation de l'occupant que s'il est muni d'un mandat.

55. (1) Section 117 of the Act is amended by adding the following after paragraph (a):

    (a.1) deeming permits to export goods, or classes of permits to export goods, that are issued under the Export and Import Permits Act to be authorizations to export for the purposes of this Act;

(2) Paragraph 117(k) of the Act is replaced by the following:

    (k) for authorizing

      (i) the possession at any place, or

      (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration,

    of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

    (k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms;

    (k.2) respecting the marking of firearms manufactured in Canada or imported into Canada and the removal, alteration, obliteration and defacing of those markings;

    (k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(d), the confirmation of declarations for the purposes of paragraph 35.1(2)(d) and the confirmation of authorizations to import for the purposes of paragraph 40(2)(e);

(3) Paragraph 117(o) of the Act is replaced by the following:

    (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n);

56. Section 169 of the Act and the heading before it are repealed.

Terminology changes - references and pre-February 14, 1995 handguns

57. The Act is amended by replacing the expression ``referred to in subsection 12(6) (pre-February 14, 1995 handguns)'' with the expression ``referred to in subsection 12(6.1) (``pre-December 1, 1998 handguns)'' in the following provisions:

    (a) section 20;

    (b) subsection 54(3);

    (c) subsection 67(3); and

    (d) paragraph 120(2)(c).

COMING INTO FORCE

Coming into force

58. The provisions of this Act and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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