Bill S-231

DEFENCE PRODUCTION ACT

110. (1) The definition of “restricted firearm”, in section 1 of the Schedule to the Defence Production Act, is repealed.

(2) Section 1 of the Schedule to the Act is amended by adding the following in alphabetical order:

111. Paragraph 6(b) of the Schedule to the Act is replaced by the following:

(b) a firearm that has a calibre greater than 12.7 mm and is not a circumscribed firearm, other than a howitzer, mortar, anti-tank weapon, projectile launcher, flame thrower, recoilless rifle and their components;

TRANSITIONAL PROVISION

112. (1) Subject to subsection (2), the individual who, on the day on which section 4 comes into force, possesses a circumscribed firearm or a prohibited firearm within the meaning of subsection 84(1) of the Criminal Code, as that subsection read immediately before that coming into force, is required, on the day on which section 4 comes into force, either to have the firearm transported to a shooting club or a storage facility recorded in the Canadian Firearms Registry by a carrier within the meaning of section 2 of the Firearms Act for one of the reasons set out in subsection 19(1) of that Act or to remit it to Her Majesty in right of Canada or of a province, a police force or a municipality.

(2) The individual who, on the day on which section 4 comes into force, possesses any of the following firearms may possess them in a dwelling-house recorded in the Canadian Firearms Registry only as part of a collection and if he or she meets the conditions set out in section 30 of the Firearms Act:

(a) a restricted firearm within the meaning of subsection 84(1) of the Criminal Code that has become a circumscribed firearm within the meaning of that section 84 after that coming into force; or

(b) a handgun described in subsection 12(6.1) (pre-December 1, 1998 handguns).

COORDINATING AMENDMENTS

113. (1) Subsections (2) to (66) apply if Bill C-42, introduced in the 2nd Session of the 41st Parliament and entitled the Common Sense Firearms Licensing Act (the “other Act”), receives royal assent.

(2) If section 3 of this Act comes into force before section 3 of the other Act, then section 3 of the other Act is repealed.

(3) If section 3 of this Act comes into force on the same day as section 3 of the other Act, then section 3 of the other Act is deemed to have come into force before section 3 of this Act and subsection (2) applies as a consequence.

(4) If section 4 of this Act comes into force before section 4 of the other Act, then, on the day on which section 4 of this Act comes into force, section 4 of the other Act is replaced by the following:

4. (1) The portion of subsection 7(1) of the French version of the Act before paragraph (b) is replaced by the following:

7. (1) La délivrance d’un permis à un particulier est subordonnée à l’une des conditions suivantes :

a) la réussite du Cours canadien de sécurité dans le maniement des armes à feu, contrôlé par l’examen y afférent, dont est chargé un instructeur désigné par le contrôleur des armes à feu;

(2) Paragraph 7(1)(b) of the Act is replaced by the following:

(b) passed, before the commencement day, the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;

(3) Paragraphs 7(1)(c) and (d) of the French version of the Act are replaced by the following:

c) avant le 1^er janvier 1995, la réussite d’un cours agréé — au cours de la période commençant le 1^er janvier 1993 et se terminant le 31 décembre 1994 — par le procureur général de la province où il a eu lieu pour l’application de l’article 106 de la loi antérieure;

d) avant le 1^er janvier 1995, la réussite d’un examen agréé — au cours de la période commençant le 1^er janvier 1993 et se terminant le 31 décembre 1994 — par le procureur général de la province où il a eu lieu pour l’application de l’article 106 de la loi antérieure.

(4) Subsection 7(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence.

(5) The portion of subsection 7(2) of the French version of the Act before paragraph (b) is replaced by the following:

(2) La délivrance d’un permis de possession d’une arme à feu prohibée ou d’une arme à feu à prohibition localisée à un particulier est subordonnée à l’une des conditions suivantes :

a) la réussite d’un cours sur la sécurité des armes à feu à prohibition localisée, agréé par le ministre fédéral et contrôlé par un examen, dont est chargé un instructeur désigné par le contrôleur des armes à feu;

(6) Paragraph 7(2)(b) of the Act is replaced by the following:

(b) passed, before the commencement day, a circumscribed firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.

(7) Subsection 7(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence authorizing the individual to possess prohibited firearms or circumscribed firearms.

(8) Paragraph 7(4)(c) of the Act is repealed.

(9) Paragraph 7(4)(e) of the Act is replaced by the following:

(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess hunting firearms.

(5) If section 4 of the other Act comes into force before section 4 of this Act, then, on the day on which section 4 of the other Act comes into force, section 4 of this Act is replaced by the following:

4. (1) Subsection 7(2) of the Act is replaced by the following:

(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or circumscribed firearms only if the individual

(a) successfully completes a circumscribed firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or

(b) passed, before the commencement day, a circumscribed firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.

(2) Subsection 7(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence authorizing the individual to possess prohibited firearms or circumscribed firearms.

(3) The portion of paragraph 7(3)(b) of the Act before subparagraph (ii) is replaced by the following:

(b) is eligible to hold a licence authorizing the individual to possess circumscribed firearms only if the individual has, after the expiration of the prohibition order,

(i) successfully completed a circumscribed firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and

(4) Paragraph 7(4)(e) of the Act is replaced by the following:

(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess hunting firearms.

(6) If section 4 of this Act comes into force on the same day as section 4 of the other Act, then section 4 of this Act is deemed to have come into force before section 4 of the other Act and subsection (4) applies as a consequence.

(7) If section 6 of this Act comes into force before section 5 of the other Act, then that section 5 is repealed.

(8) If section 6 of this Act comes into force on the same day as section 5 of the other Act, then that section 6 is deemed to have come into force before that section 5 and subsection (7) applies as a consequence.

(9) If section 13 of this Act comes into force before section 6 of the other Act, then that section 6 is repealed.

(10) If section 6 of the other Act comes into force before section 13 of this Act, then, on the day on which section 6 comes into force, that section 13 is replaced by the following:

(13) (1) The portion of subsection 19(1) before paragraph (a) is replaced by the following:

19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or circumscribed firearms may not be authorized to cause a particular prohibited firearm or circumscribed firearm to be transported between two or more specified places except for the following reasons:

(2) Paragraphs 19(1)(a.1) and (b) of the Act are replaced by the following:

(a.1) to provide instructions in the use of firearms as part of a circumscribed firearms safety course that is approved by the federal Minister; or

(b) if the individual

(i) changes residence while he or she possesses a handgun referred to in subsection 12(6.1) (handguns: pre-December 1, 1998) as part of a collection in accordance with section 30;

(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for inscription or disposal in accordance with this Act or Part III of the Criminal Code,

(iii) wishes to cause the firearm to be transported for repair, storage, sale, exportation or appraisal, or

(iv) wishes to cause the firearm to be transported to a gun show.

(3) Subsections 19(2) to (3) of the Act are replaced by the following:

(2) Notwithstanding subsection (1), an individual may not be authorized to cause a prohibited firearm, other than a handgun referred to in subsection 12(6.1), to be transported, under that subsection, except for the purposes referred to in paragraph (1)(b).

(3) A non-resident may be authorized to cause a particular circumscribed firearm to be transported between specified places in accordance with sections 35 and 35.1.

(11) If section 13 of this Act comes into force on the same day as section 6 of the other Act, then that section 6 is deemed to have come into force before that section 13 and subsection (9) applies as a consequence.

(12) If section 16 of this Act comes into force before section 7 of the other Act, then that section 7 repealed.

(13) If section 16 of this Act comes into force on the same day as section 7 of the other Act, then, that section 16 is deemed to have come into force before that section 7 and subsection (12) applies as a consequence.

(14) If section 25 of this Act comes into force before 8 of the other Act, then that section 8 is repealed.

(15) If section 25 of this Act comes into force on the same day as section 8 of this Act, then, that section 25 is deemed to have come into force before that section 8 and subsection (14) applies as a consequence.

(16) If section 26 of this Act comes into force before section 9 of the other Act, then that section 9 is repealed.

(17) If section 26 of this Act comes into force on the same day as section 9 of the other Act, then, that section 26 is deemed to have come into force before that section 9 and subsection (16) applies as a consequence.

(18) If section 29 of this Act comes into force before section 11 of the other Act, then that section 11 is repealed.

(19) If section 29 of this Act comes into force on the same day as section 11 of this Act, then, that section 29 is deemed to have come into force before that section 11 and subsection (18) applies as a consequence.

(20) If section 32 of this Act comes into force before section 13 of the other Act, then on the day on which section 32 comes into force, that section 13 is replaced by the following:

13. Section 61 of the Act is amended by adding the following after subsection (3):

(3.1) An authorization to transport referred to in subsection 19(1.1), (2.1) or (2.2) must take the form of a condition attached to a licence.

(21) If section 13 of the other Act comes into force before section 32 of this Act, then on the day on which that section 13 comes into force, that section 32 is repealed.

(22) If section 32 of this Act comes into force on the same day as section 13 of the other Act, then, that section 32 is deemed to have come into force before that section 13 and subsection (20) applies as a consequence.

(23) If section 61 of this Act comes into force before section 17 of the other Act, then on the day on which section 61 comes into force, that section 17 is repealed.

(24) If section 61 of this Act comes into force on the same day as section 17 of the other Act, then, that section 61 is deemed to have come into force before that section 17 and subsection (23) applies as a consequence.

(25) If subsection 65(3) of this Act comes into force before section 18 of the other Act, then section 18 of the other Act is repealed.

(26) If subsection 65(3) of this Act comes into force on the same day as section 18 of the other Act, then, section 18 of the other Act is deemed to have come into force before subsection 65(3) of this Act and subsection (25) applies as a consequence.

(27) If subsection 66(1) of this Act comes into force before subsection 19(1) of the other Act, then subsection 19(1) of the other Act is repealed.

(28) If subsection 66(1) of this Act comes into force on the same day as subsection 19(1) of the other Act, then, subsection 19(1) of the other Act is deemed to have come into force before subsection 66(1) of this Act and subsection (27) applies as a consequence.

(29) If subsection 66(3) of this Act comes into force before subsection 19(2) of the other Act, then subsection 19(2) of the other Act is repealed.

(30) If subsection 66(3) of this Act comes into force on the same day as subsection 19(2) of the other Act, then, subsection 19(2) of the other Act is deemed to have come into force before subsection 66(3) of this Act and subsection (29) applies as a consequence.

(31) If subsection 66(4) of this Act comes into force before subsection 19(3) of the other Act, then subsection 19(3) of the other Act is repealed.

(32) If subsection 66(4) of this Act comes into force on the same day as subsection 19(3) of the other Act, then, subsection 19(3) of the other Act is deemed to have come into force before subsection 66(4) of this Act and subsection (31) applies as a consequence.

(33) If subsection 67(1) of this Act comes into force before subsection 20(1) of the other Act, then subsection 20(1) of the other Act is repealed.

(34) If subsection 67(1) of this Act comes into force on the same day as subsection 20(1) of the other Act, then, subsection 20(1) of the other Act is deemed to have come into force before subsection 67(1) of this Act and subsection (33) applies as a consequence.

(35) If subsection 67(3) of this Act comes into force before subsection 20(3) of the other Act, then subsection 20(3) of the other Act is repealed.

(36) If subsection 67(3) of this Act comes into force on the same day as subsection 20(3) of the other Act, then, subsection 20(3) of the other Act is deemed to have come into force before subsection 67(3) of this Act and subsection (35) applies as a consequence.

(37) If subsection 67(4) of this Act comes into force before subsection 20(3) of the other Act, then subsection 20(3) of the other Act is repealed.

(38) If subsection 67(4) of this Act comes into force on the same day as subsection 20(3) of the other Act, then, subsection 20(3) of the other Act is deemed to have come into force before subsection 67(4) of this Act and subsection (37) applies as a consequence.

(39) If section 68 of this Act comes into force before section 21 of the other Act, then section 21 of the other Act is repealed.

(40) If section 68 of this Act comes into force on the same day as section 21 of the other Act, then, section 21 of the other Act is deemed to have come into force before section 68 of this Act and subsection (39) applies as a consequence.

(41) If subsection 69(1) of this Act comes into force before subsection 22(1) of the other Act, then subsection 22(1) of the other Act is repealed.

(42) If subsection 69(1) of this Act comes into force on the same day as subsection 22(1) of the other Act, then, subsection 22(1) of the other Act is deemed to have come into force before subsection 69(1) of this Act and subsection (41) applies as a consequence.

(43) If subsection 71(1) of this Act comes into force before subsection 23(1) of the other Act, then subsection 23(1) of the other Act is repealed.

(44) If subsection 71(1) of this Act comes into force on the same day as subsection 23(1) of the other Act, then, subsection 23(1) of the other Act is deemed to have come into force before subsection 71(1) of this Act and subsection (43) applies as a consequence.

(45) If subsection 71(2) of this Act comes into force before subsection 23(2) of the other Act, then subsection 23(2) of the other Act is repealed.

(46) If subsection 71(2) of this Act comes into force on the same day as subsection 23(2) of the other Act, then, subsection 23(2) of the other Act is deemed to have come into force before subsection 71(2) of this Act and subsection (45) applies as a consequence.

(47) If subsection 72(1) of this Act comes into force before subsection 24(1) of the other Act, then subsection 24(1) of the other Act is repealed.

(48) If subsection 72(1) of this Act comes into force on the same day as subsection 24(1) of the other Act, then, subsection 24(1) of the other Act is deemed to have come into force before subsection 72(1) of this Act and subsection (47) applies as a consequence.

(49) If subsection 72(2) of this Act comes into force before subsection 24(2) of the other Act, then subsection 24(2) of the other Act is repealed.

(50) If subsection 72(2) of this Act comes into force on the same day as subsection 24(2) of the other Act, then, subsection 24(2) of the other Act is deemed to have come into force before subsection 72(2) of this Act and subsection (49) applies as a consequence.

(51) If section 73 of this Act comes into force before section 25 of the other Act, then section 25 of the other Act is repealed.

(52) If section 73 of this Act comes into force on the same day as section 25 of the other Act, then, section 25 of the other Act is deemed to have come into force before section 73 of this Act and subsection (51) applies as a consequence.

(53) If subsection 74(1) of this Act comes into force before subsection 26(1) of the other Act, then subsection 26(1) of the other Act is repealed.

(54) If subsection 74(1) of this Act comes into force on the same day as subsection 26(1) of the other Act, then, subsection 26(1) of the other Act is deemed to have come into force before subsection 74(1) of this Act and subsection (53) applies as a consequence.

(55) If subsection 74(2) of this Act comes into force before subsection 26(2) of the other Act, then subsection 26(2) of the other Act is repealed.

(56) If subsection 74(2) of this Act comes into force on the same day as subsection 26(2) of the other Act, then, subsection 26(2) of the other Act is deemed to have come into force before subsection 74(2) of this Act and subsection (55) applies as a consequence.

(57) If section 75 of this Act comes into force before section 27 of the other Act, then section 27 of the other Act is repealed.

(58) If section 75 of this Act comes into force on the same day as section 27 of the other Act, then, section 27 of the other Act is deemed to have come into force before section 75 of this Act and subsection (57) applies as a consequence.

(59) If section 76 of this Act comes into force before section 28 of the other Act, then section 28 of the other Act is repealed.

(60) If section 76 of this Act comes into force on the same day as section 28 of the other Act, then, section 28 of the other Act is deemed to have come into force before section 76 of this Act and subsection (59) applies as a consequence.

(61) If section 78 of this Act comes into force before section 29 of the other Act, then section 29 of the other Act is repealed.

(62) If section 78 of this Act comes into force on the same day as section 29 of the other Act, then, section 29 of the other Act is deemed to have come into force before section 78 of this Act and subsection (61) applies as a consequence.

(63) If subsection 86(1) of this Act comes into force before section 33 of the other Act, then section 33 of the other Act is repealed.

(64) If subsection 86(1) of this Act comes into force on the same day as section 33 of the other Act, then, section 33 of the other Act is deemed to have come into force before subsection 86(1) of this Act and subsection (63) applies as a consequence.

(65) If section 91 of this Act comes into force before section 34 of the other Act, then section 34 of the other Act is repealed.

(66) If section 91 of this Act comes into force on the same day as section 34 of the other Act, then, section 34 of the other Act is deemed to have come into force before section 91 of this Act and subsection (65) applies as a consequence.

COMING INTO FORCE

114. This Act comes into force one year after the day on which it receives royal assent.