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Bill C-71

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-71
An Act to amend certain Acts and Regulations in relation to firearms
FIRST READING, March 20, 2018

MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90859


SUMMARY

Part 1 of this Act amends the Firearms Act to, among other things,

(a) remove the reference to the five-year period, set out in subsection 5(2) of that Act, that applies to the mandatory consideration of certain eligibility criteria for holding a licence;

(b) require, when a non-restricted firearm is transferred, that the transferee’s firearms licence be verified by the Registrar of Firearms and that businesses keep certain information related to the transfer; and

(c) remove certain automatic authorizations to transport prohibited and restricted firearms.

Part 1 also amends the Criminal Code to repeal the authority of the Governor in Council to prescribe by regulation that a prohibited or restricted firearm be a non-restricted firearm or that a prohibited firearm be a restricted firearm and, in consequence, the Part

(a) repeals certain provisions of regulations made under the Criminal Code; and

(b) amends the Firearms Act to grandfather certain individuals and firearms, including firearms previously prescribed as restricted or non-restricted firearms in those provisions.

Furthermore, Part 1 amends section 115 of the Criminal Code to clarify that firearms and other things seized and detained by, or surrendered to, a peace officer at the time a prohibition order referred to in that section is made are forfeited to the Crown.

Part 2, among other things,

(a) amends the Ending the Long-gun Registry Act, by repealing the amendments made by the Economic Action Plan 2015 Act, No. 1, to retroactively restore the application of the Access to Information Act and the Privacy Act to the records related to the registration of non-restricted firearms until the day on which this enactment receives royal assent;

(b) provides that the Access to Information Act and the Privacy Act continue to apply to proceedings that were initiated under those Acts before that day until the proceedings are finally disposed of, settled or abandoned; and

(c) directs the Commissioner of Firearms to provide the minister of the Government of Quebec responsible for public security with a copy of such records, at that minister’s request.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-71

An Act to amend certain Acts and Regulations in relation to firearms

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

PART 1 
Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted

1995, c. 39

Firearms Act

2015, c. 27, s. 2(2)

1 Subsection 2(2) of the Firearms Act is replaced by the following:

Criminal Code

(2) Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.

2 The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:

Criteria

(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person

3 (1) Section 12 of the Act is amended by adding the following after subsection (8):

Grandfathered individuals — regulations
Start of inserted block

(9) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individual

  • (a) possesses one or more firearms of that class on a day that is prescribed with respect to that class;

  • (b) holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; and

  • (c) was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class.

    End of inserted block

(2) Section 12 of the Act is amended by adding the following after subsection (9):

Grandfathered individuals — CZ rifle

Start of inserted block

(10) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (11) if

  • (a) the individual possessed one or more such firearms on June 30, 2018;

  • (b) the individual

    • (i) held on that day a registration certificate for one or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or

    • (ii) applies, before the first anniversary of the commencement day, for a registration certificate that is subsequently issued for a firearm referred to in subsection (11), in any other case; and

  • (c) the individual was continuously the holder of a registration certificate for one or more such firearms beginning on

    • (i) June 30, 2018, in the case where at least one of those firearms was on that day a restricted firearm, or

    • (ii) the day on which a registration certificate referred to in subparagraph (b)‍(ii) is issued to the individual, in any other case.

      End of inserted block

Grandfathered firearms — CZ rifle

Start of inserted block

(11) Subsection (10) applies in respect of a firearm that

  • (a) is a

    • (i) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle,

    • (ii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle,

    • (iii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle, or

    • (iv) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle; and

  • (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.

    End of inserted block

For greater certainty

Start of inserted block

(12) For greater certainty, the firearms referred to in subparagraphs (11)‍(a)‍(i) to (iv) include only firearms that are prohibited firearms on the commencement day.

End of inserted block

Grandfathered individuals — SAN Swiss Arms

Start of inserted block

(13) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (14) if

  • (a) the individual possessed one or more such firearms on June 30, 2018;

  • (b) the individual

    • (i) held on that day a registration certificate for one or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or

    • (ii) applies, before the first anniversary of the commencement day, for a registration certificate that was subsequently issued for a firearm referred to in subsection (14), in any other case; and

  • (c) the individual was continuously the holder of a registration certificate for one or more such firearms beginning on

    • (i) June 30, 2018, in the case where at least one of the firearms was on that day a restricted firearm, or

    • (ii) the day on which a registration certificate referred to in subparagraph (b)‍(ii) is issued to the individual, in any other case.

      End of inserted block

Grandfathered firearms — SAN Swiss Arms

Start of inserted block

(14) Subsection (13) applies in respect of a firearm that

  • (a) is a

    • (i) SAN Swiss Arms Model Classic Green rifle,

    • (ii) SAN Swiss Arms Model Classic Green carbine,

    • (iii) SAN Swiss Arms Model Classic Green CQB rifle,

    • (iv) SAN Swiss Arms Model Black Special rifle,

    • (v) SAN Swiss Arms Model Black Special carbine,

    • (vi) SAN Swiss Arms Model Black Special CQB rifle,

    • (vii) SAN Swiss Arms Model Black Special Target rifle,

    • (viii) SAN Swiss Arms Model Blue Star rifle,

    • (ix) SAN Swiss Arms Model Heavy Metal rifle,

    • (x) SAN Swiss Arms Model Red Devil rifle,

    • (xi) SAN Swiss Arms Model Swiss Arms Edition rifle,

    • (xii) SAN Swiss Arms Model Classic Green Sniper rifle,

    • (xiii) SAN Swiss Arms Model Ver rifle,

    • (xiv) SAN Swiss Arms Model Aestas rifle,

    • (xv) SAN Swiss Arms Model Autumnus rifle, or

    • (xvi) SAN Swiss Arms Model Hiemis rifle; and

  • (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.

    End of inserted block

2015, c. 27, s. 6

4 (1) Subsections 19(1.‍1) and (2) of the Act are replaced by the following:

Target practice or competition

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must —  Insertion start except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) Insertion end  — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Exception for prohibited firearms other than prohibited handguns

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) Insertion start or a prohibited firearm referred to in subsection 12(9) Insertion end  — between specified places except for the purposes referred to in paragraph (1)‍(b).

(2) Subsections 19(1.‍1) and (2) of the Act are replaced by the following:

Target practice or competition

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9), Insertion start (11) or (14) Insertion end  — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Exception for prohibited firearms other than prohibited handguns

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) or a prohibited firearm referred to in subsection 12(9), Insertion start (11) or (14) Insertion end  — between specified places except for the purposes referred to in paragraph (1)‍(b).

2015, c. 27, s. 6

(3) Subsections 19(2.‍1) to (2.‍3) of the Act are replaced by the following:

Automatic authorization to transport — licence renewal

(2.‍1) An individual who holds a licence authorizing the individual to possess restricted firearms or Insertion start handguns referred to in subsection 12(6.‍1) Insertion end must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. Insertion start However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.‍1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)‍(ii), for the purpose of having it form part of a gun collection Insertion end .

Automatic authorization to transport — transfer

(2.‍2) If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where Insertion start they acquire Insertion end it to the place where they may possess it under section 17.

Automatic authorization to transport — transfer
Start of inserted block

(2.‍3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.‍1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved, in accordance with subparagraph 28(b)‍(ii), for the purpose of having it form part of a gun collection.

End of inserted block

2012, c. 6, s. 11; 2015, c. 27, s. 7

5 Sections 23 and 23.‍1 of the Act are replaced by the following:

Authorization to transfer non-restricted firearms

23  Insertion start (1) Insertion end  A person may transfer a non-restricted firearm if, at the time of the transfer,

  • (a) the transferee holds a licence authorizing the transferee to acquire and possess Insertion start a non-restricted Insertion end firearm;

  • Start of inserted block

    (b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and

  • (c) the reference number is still valid.

    End of inserted block
Information — transferee’s licence
Start of inserted block

(2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

End of inserted block
Reference number
Start of inserted block

(3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

End of inserted block
Period of validity
Start of inserted block

(4) A reference number is valid for the prescribed period.

End of inserted block
Registrar not satisfied
Start of inserted block

(5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.

End of inserted block

2015, c. 27, s. 11

6 Subsection 54(1) of the Act is replaced by the following:

Applications

54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.‍1), (2.‍2) or Insertion start (2.‍3) Insertion end , may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

7 The Act is amended by adding the following after section 58:

Conditions — licence issued to business
Start of inserted block

58.‍1 (1) A chief firearms officer who issues a licence to a business must attach the following conditions to the licence:

  • (a) the business must record and, for the prescribed period, keep the prescribed information that relates to the business’ possession and disposal of non-restricted firearms;

  • (b) the business must record and — for a period of 20 years from the day on which the business transfers a non-restricted firearm, or for a longer period that may be prescribed — keep the following information in respect of the transfer:

    • (i) the reference number issued by the Registrar,

    • (ii) the day on which the reference number was issued,

    • (iii) the transferee’s licence number, and

    • (iv) the firearm’s make, model and type and, if any, its serial number; and

  • (c) the business must, unless otherwise directed by a chief firearms officer, transmit any records containing the information referred to in paragraph (a) or (b) to a prescribed official if it is determined that the business will cease to be a business.

    End of inserted block
Destruction of records
Start of inserted block

(2) The prescribed official may destroy the records transmitted to them under paragraph (1)‍(c) at the times and in the circumstances that may be prescribed.

End of inserted block

2015, c. 27, s. 13(1)

8 Subsection 61(3.‍1) of the Act is replaced by the following:

Automatic authorization to transport

(3.‍1) An authorization to transport referred to in subsection 19(1.‍1), (2.‍1), (2.‍2) or Insertion start (2.‍3) Insertion end must take the form of a condition attached to a licence.

 

9 Paragraph 70(1)‍(a) of the Act is amended by adding the following after subparagraph (i):

  • Start of inserted block

    (i.‍1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,

    End of inserted block

10 (1) The portion of subsection 85(1) of the French version of the Act before subparagraph (a)‍(i) is replaced by the following:

Autres registres du directeur

85 (1) Le directeur établit un registre :

  • a) des armes à feu acquises ou détenues par les personnes précisées ci-après et utilisées par celles-ci dans le cadre de leurs fonctions :

(2) Paragraph 85(1)‍(b) of the French version of the Act is replaced by the following:

  • b)  Insertion start des armes à feu Insertion end acquises ou détenues par des particuliers sous les ordres et pour le compte des forces policières ou d’un ministère fédéral ou provincial;

(3) Subsection 85(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):

  • Start of inserted block

    (c) every request for a reference number made to the Registrar under section 23 and, if the request is refused, the reasons for refusing the request; and

  • (d) every reference number that is issued by the Registrar under subsection 23(3) and, with respect to each reference number, the day on which it was issued and the licence numbers of the transferor and transferee.

    End of inserted block

(4) Subsection 85(2) of the Act is replaced by the following:

Reporting of acquisitions and transfers

(2) A person referred to in Insertion start paragraph Insertion end (1) Insertion start (a) or (b) Insertion end who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer.

2012, c. 6, s. 25

11 Section 90.‍1 of the Act is repealed.

12 The portion of section 109 of the Act before paragraph (a) is replaced by the following:

Punishment

109 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), Insertion start (k.‍2) Insertion end , (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

13 (1) Section 117 of the Act is amended by adding the following after paragraph (c):

  • Start of inserted block

    (c.‍1) regulating, for the purpose of issuing a reference number under section 23, the provision of information by a transferor, a transferee and the Registrar;

    End of inserted block

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

  • (m) regulating the keeping, Insertion start transmission Insertion end and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

(3) Section 117 of the Act is amended by adding the following after paragraph (n):

  • Start of inserted block

    (n.‍1) regulating the transmission of records under paragraph 58.‍1(1)‍(c) by a business to a prescribed official;

    End of inserted block

14 The Act is amended by adding the following after section 126:

Licence of business — deemed conditions
Start of inserted block

126.‍1 Every licence of a business that is valid on the commencement day is deemed to include the conditions set out in paragraphs 58.‍1(1)‍(a) to (c).

End of inserted block

15 The Act is amended by adding the following after section 135:

Revocation of authorization to transport
Start of inserted block

135.‍1 All of the following authorizations to transport a prohibited firearm or a restricted firearm are revoked:

  • (a) authorizations issued under any of paragraphs 19(2.‍1)‍(b) to (e), as those paragraphs read immediately before the commencement day; and

  • (b) authorizations issued under paragraph 19(2.‍2)‍(b), as that paragraph read immediately before the commencement day, in respect of transportation to and from the places referred to in any of the paragraphs that are set out in paragraph (a).

    End of inserted block

R.‍S.‍, c. C-46

Criminal Code

2015, c. 27, s. 18

16 The definition non-restricted firearm in subsection 84(1) of the Criminal Code is replaced by the following:

non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm; (arme à feu sans restriction)

1995, c. 39, s. 139

17 Subsection 115(1) of the Act is replaced by the following:

Forfeiture

115 (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order is forfeited to Her Majesty Insertion start if Insertion end , on the commencement of the order, Insertion start the thing Insertion end is in the Insertion start person’s Insertion end possession Insertion start or has been seized and detained by, or surrendered to, a peace officer Insertion end .

2015, c. 27, s. 34

18 Subsections 117.‍15(3) and (4) of the Act are repealed.

SOR/98-462; SOR/2015–213, s. 1

Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted

19 The title of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted is replaced by the following:

Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted

20 Sections 3.‍1 and 3.‍2 of the Regulations are repealed.

21 Part 2.‍1 of the schedule to the Regulations is repealed.

Coming into Force

Order in council

22 (1) Section 1, subsections 3(2) and 4(2) and sections 16 and 18 to 21 come into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Section 2 comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(3) Subsection 4(3) and sections 6, 8 and 15 come into force on a day to be fixed by order of the Governor in Council.

Order in council

(4) Sections 5 and 9 to 11 and subsection 13(1) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(5) Section 7, subsection 13(3) and section 14 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (4).

PART 2 
Ending the Long-gun Registry Act

2012, c. 6

Amendments to the Act

2015, c. 36, s. 230

23 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1.

2015, c. 36, s. 230

(2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed.

2015, c. 36, s. 231

24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.

Transitional Provisions

Definitions

25 The following definitions apply in this section and in sections 26 to 28.

commencement day means the day on which this Act receives royal assent.‍ (date d’entrée en vigueur)

copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie)

personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels)

record means, other than in section 28, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act.‍ (registres)

specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that

  • (a) was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or

  • (b) was made or initiated after June 22, 2015 but before the commencement day. (procédure désignée)

Non-application — Access to Information Act

26 (1) Subject to section 27, the Access to Information Act does not apply as of the commencement day with respect to records and copies.

Non-application — Privacy Act

(2) Subject to section 27, the Privacy Act, other than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information.

Non-application — subsections 6(1) and (3) of the Privacy Act

(3) For greater certainty, by reason of subsection 29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information.

Continued application

27 (1) The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint, investigation, application, judicial review or appeal that results from a specified proceeding.

Period running on June 22, 2015 restarts

(2) A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 25 is deemed to restart, from the beginning, on the commencement day.

Specified proceeding initiated after June 22, 2015

(3) A specified proceeding described in paragraph (b) of the definition of that expression in section 25 is deemed to be made or initiated on the commencement day.

For greater certainty

(4) For greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned.

Permission to view records

28 The Commissioner of Firearms shall permit the Information Commissioner to view — for the purpose of settling the Federal Court proceeding Information Commissioner of Canada v. Minister of Public Safety and Emergency Preparedness, bearing court file number T-785-15 — any record that was in the Canadian Firearms Registry on April 3, 2015.

Copy to Government of Quebec

29 (1) The Commissioner of Firearms shall — for the purpose of the administration and enforcement of the Firearms Registration Act, chapter 15 of the Statutes of Quebec, 2016 — provide the Quebec Minister with a copy of all records that were in the Canadian Firearms Registry on April 3, 2015 and that relate to firearms registered, as at that day, as non-restricted firearms, if the Quebec Minister provides the Commissioner with a written request to that effect before the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2).

Notice

(2) If no request is provided under subsection (1) before the Commissioner is in a position to proceed with ensuring the destruction of the records referred to in that subsection, the Commissioner shall, as soon as he or she is in that position, send written notice to the Quebec Minister of that fact.

Destruction of records

(3) Despite subsection 29(1) of the Ending the Long-gun Registry Act, the Commissioner shall proceed with ensuring the destruction of the records referred to in subsection (1) only after

  • (a) he or she provides the Quebec Minister with a copy of the records, in the case where that Minister provides a written request in accordance with subsection (1); or

  • (b) the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2), in any other case.

Definition of Quebec Minister

(4) In this section, Quebec Minister means the minister of the Government of Quebec responsible for public security.

Extension

30 The Minister of Public Safety and Emergency Preparedness may, during the 120-day period referred to in subsection 29(1), make an order extending that period for another 120 days, and in that case the references in subsections 29(1) and (3) to “the 120th day” are to be read as references to “the 240th day”.

Published under authority of the Speaker of the House of Commons


EXPLANATORY NOTES

Firearms Act
Clause 1: Existing text of subsection 2(2):

(2) Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code. Subsections 117.‍15(3) and (4) of that Act apply to those words and expressions.

Clause 2: Relevant portion of subsection 5(2):

(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,

Clause 3: (1) and (2) New.
Clause 4: (1) and (2) Existing text of subsections 19(1.‍1) and (2):

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.‍1), between specified places except for the purposes referred to in paragraph (1)‍(b).

(3) Existing text of subsections 19(2.‍1) to (2.‍3):

(2.‍1) Subject to subsection (2.‍3), an individ­ual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms must, if the licence is renewed, be authorized to transport them within the individual’s province of residence

  • (a) to and from all shooting clubs and shooting ranges that are approved under section 29;

  • (b) to and from any place a peace officer, firearms officer or chief firearms officer is located, for verification, registration or disposal in accordance with this Act or Part III of the Criminal Code;

  • (c) to and from a business that holds a licence authorizing it to repair or appraise prohibited firearms or restricted firearms;

  • (d) to and from a gun show; and

  • (e) to a port of exit in order to take them outside Canada, and from a port of entry.

(2.‍2) Subject to subsection (2.‍3), if a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized

  • (a) to transport the firearm within the individual’s province of residence from the place where the individual acquires it to the place where they may possess it under section 17; and

  • (b) to transport their prohibited firearms and restricted firearms within the individual’s province of residence to and from the places referred to in any of paragraphs (2.‍1)‍(a) to (e).

(2.‍3) An individual must not be authorized under subsection (2.‍1) or (2.‍2) to transport the following firearms to or from the places referred to in paragraph (2.‍1)‍(a):

  • (a) a prohibited firearm, other than a handgun referred to in subsection 12(6.‍1); and

  • (b) a restricted firearm or a handgun referred to in subsection 12(6.‍1) whose transfer was approved, in accordance with subparagraph 28(b)‍(ii), for the purpose of forming part of a gun collection.

Clause 5: Existing text of sections 23 and 23.‍1:

23 A person may transfer a non-restricted firearm if, at the time of the transfer,

  • (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and

  • (b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.

23.‍1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.

(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

Clause 6: Existing text of subsection 54(1):

54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.‍1) or (2.‍2), may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

Clause 7: New.
Clause 8: Existing text of subsection 61(3.‍1):

(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.

Clause 9: Relevant portion of subsection 70(1):

70 (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,

  • (a) where the holder of the licence or authorization

Clause 10: (1) Relevant portion of subsection 85(1):

85 (1) The Registrar shall establish and maintain a record of

  • (a) firearms acquired or possessed by the following persons and used by them in the course of their duties or for the purposes of their employment, namely,

(2) Existing text of paragraph 85(1)‍(b):

  • (b) firearms acquired or possessed by individuals on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province.

(3) New.
(4) Existing text of subsection 85(2):

(2) A person referred to in subsection (1) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer.

Clause 11: Existing text of section 90.‍1:

90.‍1 For the purpose of subsection 23.‍1(1), the person responding to a request made under that subsection has a right of access to records kept by a chief firearms officer under section 87.

Clause 12: Relevant portion of section 109:

109 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

Clause 13: (1) and (2) New.
(2) Relevant portion of section 117:

117 The Governor in Council may make regulations

[.‍.‍.‍] 

(m) regulating the keeping and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

(3) New.
Clause 14: New.
Clause 15: New.
Criminal Code
Clause 16: Existing text of the definition:

non-restricted firearm means

  • (a) a firearm that is neither a prohibited firearm nor a restricted firearm, or

  • (b) a firearm that is prescribed to be a non-restricted firearm; (arme à feu sans restriction)

Clause 17: Existing text of subsection 115(1):

115 (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person is forfeited to Her Majesty.

Clause 18: Existing text of subsections 117.‍15(3) and (4):

(3) Despite the definitions prohibited firearm and restricted firearm in subsection 84(1), a firearm that is prescribed to be a non-restricted firearm is deemed not to be a prohibited firearm or a restricted firearm.

(4) Despite the definition prohibited firearm in subsection 84(1), a firearm that is prescribed to be a restricted firearm is deemed not to be a prohibited firearm.

Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted
Clause 19: Existing text of the title:

Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted

Clause 20: Existing text of sections 3.‍1 and 3.‍2:

3.‍1 The firearms listed in Part 2.‍1 of the schedule that have a barrel that is less than 470 mm in length, and firearms listed in items 3, 4, 6, 7, 9 and 10 of that Part that do not have a barrel, are restricted firearms for the purposes of paragraph (d) of the definition restricted firearm in subsection 84(1) of the Criminal Code, except for those firearms that

  • (a) discharge projectiles in rapid succession during one pressure of the trigger; or

  • (b) are prohibited firearms within the meaning of paragraph (b) of the definition prohibited firearm in subsection 84(1) of the Criminal Code.

3.‍2 The firearms listed in Part 2.‍1 of the schedule that have a barrel that is at least 470 mm in length, and the firearms listed in items 1, 2, 5, 8 and 11 to 15 of that Part that do not have a barrel, are non-restricted firearms for the purposes of paragraph (b) of the definition non-restricted firearm in subsection 84(1) of the Criminal Code, except for those firearms that

  • (a) discharge projectiles in rapid succession during one pressure of the trigger; or

  • (b) are prohibited firearms within the meaning of paragraph (b) of the definition prohibited firearm in subsection 84(1) of the Criminal Code.

Clause 21: Existing text of Part 2.‍1 of the schedule to the Regulations:
PART 2.‍1 
Firearms for the Purposes of Sections 3.‍1 and 3.‍2

1 Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle

2 Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle

3 Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle

4 Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle

5 SAN Swiss Arms Model Classic Green rifle

6 SAN Swiss Arms Model Classic Green carbine

7 SAN Swiss Arms Model Classic Green CQB rifle

8 SAN Swiss Arms Model Black Special rifle

9 SAN Swiss Arms Model Black Special carbine

10 SAN Swiss Arms Model Black Special CQB rifle

11 SAN Swiss Arms Model Black Special Target rifle

12 SAN Swiss Arms Model Blue Star rifle

13 SAN Swiss Arms Model Heavy Metal rifle

14 SAN Swiss Arms Model Red Devil rifle

15 SAN Swiss Arms Model Swiss Arms Edition rifle

Ending the Long-gun Registry Act
Clause 23: (1) Existing text of subsection 29(3):

(3) Sections 12 and 13 of the Library and Archives of Canada Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).

(2) Existing text of subsections 29(4) to (7):

(4) The Access to Information Act, including sections 4, 30, 36, 37, 41, 42, 46, 67 and 67.‍1, does not apply, as of October 25, 2011, with respect to the records and copies referred to in subsections (1) and (2) or with respect to their destruction.

(5) The Privacy Act, including subsections 6(1) and (3) and sections 12, 29, 34, 35, 41, 42, 45 and 68, does not apply, as of October 25, 2011, with respect to personal information, as defined in section 3 of that Act, that is contained in the records and copies referred to in subsections (1) and (2) or with respect to the disposal of that information.

(6) For greater certainty, any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act with respect to any act or thing referred to in subsection (4) or (5) that is in existence on or after October 25, 2011 is to be determined in accordance with that subsection.

(7) In the event of an inconsistency between subsection (1) or (2) and any other Act of Parliament, that subsection prevails to the extent of the inconsistency, and the destruction of the records and copies referred to in that subsection shall take place despite any requirement to retain the records or copies in that other Act.

Clause 24: Existing text of section 30:

30 (1) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms or a chief firearms officer, or any person acting on behalf of or under the direction of any of them, with respect to the destruction, on or after April 5, 2012, of the records and copies referred to in subsections 29(1) and (2).

(2) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms, a chief firearms officer, a government institution or the head of a government institution, or any person acting on behalf of or under the direction of any of them, for any act or omission done, during the period beginning on October 25, 2011 and ending on the day on which this subsection comes into force, in purported compliance with the Access to Information Act or the Privacy Act in relation to any of the records and copies referred to in subsections 29(1) and (2).

(3) In subsection (2), “government institution” and “head” have the same meanings as in section 3 of the Access to Information Act or the same meanings as in section 3 of the Privacy Act, as the case may be.


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