C-7114264-65-66-67-68Elizabeth II2015-2016-2017-2018-2019An Act to amend certain Acts and Regulations in relation to firearmsRegulations in relation to firearms, An Act to amend certain Acts andAn Act to amend certain Acts and Regulations in relation to firearms20196
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9201990859SUMMARYPart 1 of this Act amends the Firearms Act to, among other things,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;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; andremove 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 Partrepeals certain provisions of regulations made under the Criminal Code; andamends 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,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;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; anddirects 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.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: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-Restricted1995, c. 39Firearms Act
2015, c. 27, s. 2(2)Subsection 2(2) of the Firearms Act is replaced by the following:Criminal CodeUnless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.Section 2 of the Act is amended by adding the following after subsection (3):For greater certaintyFor greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.
The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:CriteriaIn 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 personSubsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person; in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intim­ate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; orfor any other reason, poses a risk of harm to any person.Section 5 of the Act is amended by adding the following after subsection (2):For greater certaintyFor greater certainty, for the purposes of paragraph (2)(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network.
Section 12 of the Act is amended by adding the following after subsection (8):Grandfathered individuals — regulationsAn individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individualpossesses one or more firearms of that class on a day that is prescribed with respect to that class;holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; andwas 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.Section 12 of the Act is amended by adding the following after subsection (9):Grandfathered individuals — CZ rifleAn individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (11) ifthe individual possessed one or more such firearms on June 30, 2018;the individualheld 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, orapplies, 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; andthe individual was continuously the holder of a registration certificate for one or more such firearms beginning onJune 30, 2018, in the case where at least one of those firearms was on that day a restricted firearm, orthe day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case.Grandfathered firearms — CZ rifleSubsection (10) applies in respect of a firearm thatis aCeská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle,Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle,Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle, orCeská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle; andwas 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.For greater certaintyFor greater certainty, the firearms referred to in subparagraphs (11)(a)(i) to (iv) include only firearms that are prohibited firearms on the commencement day.Grandfathered individuals — SAN Swiss ArmsAn individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (14) ifthe individual possessed one or more such firearms on June 30, 2018;the individualheld 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, orapplies, 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; andthe individual was continuously the holder of a registration certificate for one or more such firearms beginning onJune 30, 2018, in the case where at least one of the firearms was on that day a restricted firearm, orthe day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case.Grandfathered firearms — SAN Swiss ArmsSubsection (13) applies in respect of a firearm thatis aSAN Swiss Arms Model Classic Green rifle,SAN Swiss Arms Model Classic Green carbine,SAN Swiss Arms Model Classic Green CQB rifle,SAN Swiss Arms Model Black Special rifle,SAN Swiss Arms Model Black Special carbine,SAN Swiss Arms Model Black Special CQB rifle,SAN Swiss Arms Model Black Special Target rifle,SAN Swiss Arms Model Blue Star rifle,SAN Swiss Arms Model Heavy Metal rifle,SAN Swiss Arms Model Red Devil rifle,SAN Swiss Arms Model Swiss Arms Edition rifle,SAN Swiss Arms Model Classic Green Sniper rifle,SAN Swiss Arms Model Ver rifle,SAN Swiss Arms Model Aestas rifle,SAN Swiss Arms Model Autumnus rifle, orSAN Swiss Arms Model Hiemis rifle; andwas 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.
2015, c. 27, s. 6Subsections 19(1.1) and (2) of the Act are replaced by the following:Target practice or competitionIn 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) — 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 handgunsDespite 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) — between specified places except for the purposes referred to in paragraph (1)(b).Subsections 19(1.1) and (2) of the Act are replaced by the following:Target practice or competitionIn 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), (11) or (14) — 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 handgunsDespite 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), (11) or (14) — between specified places except for the purposes referred to in paragraph (1)(b).2015, c. 27, s. 6Subsections 19(2.1) to (2.3) of the Act are replaced by the following:Automatic authorization to transport — licence renewalAn individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) 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. 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.Automatic authorization to transport — transferIf 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 they acquire it to the place where they may possess it under section 17.Automatic authorization to transport — transferIf 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.
2012, c. 6, s. 11; 2015, c. 27, s. 7Sections 23 and 23.1 of the Act are replaced by the following:
Authorization to transfer non-restricted firearmsA person may transfer one or more non-restricted firearms if, at the time of the transfer,the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; andthe reference number is still valid.Information — transferee’s licenceThe 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.Reference numberThe 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.Period of validityA reference number is valid for the prescribed period.Registrar not satisfiedIf the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.
2015, c. 27, s. 11Subsection 54(1) of the Act is replaced by the following:
ApplicationsA licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1), (2.2) or (2.3), 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.
The Act is amended by adding the following after section 58:
Conditions — licence issued to businessA chief firearms officer who issues a licence to a business must attach the following conditions to the licence: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;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:the reference number issued by the Registrar,the day on which the reference number was issued,the transferee’s licence number, andthe firearm’s make, model and type and, if any, its serial number; andthe 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.Destruction of recordsThe prescribed official may destroy the records transmitted to them under paragraph (1)(c) at the times and in the circumstances that may be prescribed.
2015, c. 27, s. 13(1)Subsection 61(3.1) of the Act is replaced by the following:Automatic authorization to transportAn authorization to transport referred to in subsection 19(1.1), (2.1), (2.2) or (2.3) must take the form of a condition attached to a licence.
 Paragraph 70(1)(a) of the Act is amended by adding the following after subparagraph (i):transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,
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 directeurLe directeur établit un registre :des armes à feu acquises ou détenues par les personnes précisées ci-après et utilisées par celles-ci dans le cadre de leurs fonctions :
Paragraph 85(1)(b) of the French version of the Act is replaced by the following:des armes à feu acquises ou détenues par des particuliers sous les ordres et pour le compte des forces policières ou d’un ministère fédéral ou provincial;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):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; andevery 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.Subsection 85(2) of the Act is replaced by the following:Reporting of acquisitions and transfersA person referred to in paragraph (1)(a) or (b) who acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer.
2012, c. 6, s. 25Section 90.1 of the Act is repealed.
The portion of section 109 of the Act before paragraph (a) is replaced by the following:
PunishmentEvery 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), (k.2), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)
Section 117 of the Act is amended by adding the following after paragraph (c):regulating, for the purpose of issuing a reference number under section 23, the provision of information by a transferor, a transferee and the Registrar;Paragraph 117(m) of the Act is replaced by the following:regulating the keeping, transmission and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;Section 117 of the Act is amended by adding the following after paragraph (n):regulating the transmission of records under paragraph 58.1(1)(c) by a business to a prescribed official;
The Act is amended by adding the following after section 126:
Licence of business — deemed conditionsEvery 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).
The Act is amended by adding the following after section 135:
Revocation of authorization to transportAll of the following authorizations to transport a prohibited firearm or a restricted firearm are revoked:authorizations issued under any of paragraphs 19(2.1)(b) to (e), as those paragraphs read immediately before the commencement day; andauthorizations 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).
R.S., c. C-46Criminal Code
2015, c. 27, s. 18The 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. 139Subsection 115(1) of the Act is replaced by the following:
ForfeitureUnless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order is forfeited to Her Majesty if, on the commencement of the order, the thing is in the person’s possession or has been seized and detained by, or surrendered to, a peace officer.
2015, c. 27, s. 34Subsections 117.15(3) and (4) of the Act are repealed.
SOR/98-462; SOR/2015–213, s. 1Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted
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
Sections 3.1 and 3.2 of the Regulations are repealed.
Part 2.1 of the schedule to the Regulations is repealed.
Coming into Force
Order in councilSection 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 councilSection 2 comes into force on a day to be fixed by order of the Governor in Council.Order in councilSubsection 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 councilSections 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 councilSection 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).
2012, c. 6Ending the Long-gun Registry ActAmendments to the Act
2015, c. 36, s. 230Subsection 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. 230Subsections 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. 231Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.
Transitional Provisions
DefinitionsThe 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 thatwas 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; orwas made or initiated after June 22, 2015 but before the commencement day. (procédure désignée)
Non-application — Access to Information ActSubject 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 ActSubject 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 ActFor 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 applicationThe 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 restartsA 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, 2015A 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 certaintyFor 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 recordsThe 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 QuebecThe 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).NoticeIf 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 recordsDespite 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 afterhe 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); orthe 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 MinisterIn this section, Quebec Minister means the minister of the Government of Quebec responsible for public security.
ExtensionThe 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”.