An Act to amend the Criminal Code and the Firearms Act (S.C. 2012, c. 6)
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Assented to 2012-04-05
1995, c. 39FIREARMS ACT
Marginal note:2003, c. 8, s. 19
12. Subsection 26(1) of the Act is replaced by the following:
Marginal note:Authorization to transfer prohibited or restricted firearms to Crown, etc.
26. (1) A person may transfer a prohibited firearm or a restricted firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.
Marginal note:2003, c. 8, s. 20(1)
13. The portion of section 27 of the Act before paragraph (a) is replaced by the following:
Marginal note:Chief firearms officer
27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23.2, a chief firearms officer shall
14. Subparagraph 33(a)(ii) of the Act is replaced by the following:
(ii) in the case of a prohibited firearm or a restricted firearm, lends the registration certificate for it to the borrower; or
15. Paragraph 34(a) of the Act is replaced by the following:
(a) in the case of a prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and
16. Subsection 36(1) of the Act is replaced by the following:
Marginal note:Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until
(a) the expiry of 60 days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or
(b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.
17. Subparagraph 38(1)(a)(ii) of the Act is replaced by the following:
(ii) produces his or her licence and, in the case of a prohibited firearm or a restricted firearm, the registration certificate for the firearm and an authorization to transport the firearm; and
18. Paragraph 44(a) of the Act is replaced by the following:
(a) in the case of a prohibited firearm or a restricted firearm, holds the registration certificate for the firearm;
19. Section 60 of the Act is replaced by the following:
Marginal note:Registration certificates and authorizations to export or import
60. The Registrar is responsible for issuing registration certificates for prohibited firearms and restricted firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.
20. The portion of section 66 of the Act before paragraph (a) is replaced by the following:
Marginal note:Term of registration certificates
66. A registration certificate for a prohibited firearm or a restricted firearm expires when
21. Paragraph 71(1)(a) of the Act is replaced by the following:
(a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and
22. Subsection 72(5) of the Act is replaced by the following:
Marginal note:Disposal of firearms — registration certificate
(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.
23. Paragraphs 83(1)(a) and (b) of the Act are replaced by the following:
(a) every licence, every registration certificate for a prohibited firearm or a restricted firearm and every authorization that is issued or revoked by the Registrar;
(b) every application for a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is refused by the Registrar;
24. Section 88 of the Act is replaced by the following:
Marginal note:Reporting of loss, finding, theft and destruction
88. A chief firearms officer to whom the loss, finding, theft or destruction of a prohibited firearm or a restricted firearm is reported shall have the Registrar informed without delay of the loss, finding, theft or destruction.
25. The Act is amended by adding the following after section 90:
Marginal note:Right of access — subsection 23.1(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.
26. Section 105 of the Act is replaced by the following:
Marginal note:Demand to produce firearm
105. An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.
27. Section 112 of the Act is repealed.
28. Sections 114 and 115 of the Act are replaced by the following:
Marginal note:Failure to deliver up revoked licence, etc.
114. Every person commits an offence who, being the holder of a licence, a registration certificate for a prohibited firearm or a restricted firearm or an authorization that is revoked, does not deliver it up to a peace officer or firearms officer without delay after the revocation.
Marginal note:Punishment
115. Every person who commits an offence under section 113 or 114 is guilty of an offence punishable on summary conviction.
TRANSITIONAL PROVISIONS
Marginal note:Destruction of information — Commissioner
29. (1) The Commissioner of Firearms shall ensure the destruction as soon as feasible of all records in the Canadian Firearms Registry related to the registration of firearms that are neither prohibited firearms nor restricted firearms and all copies of those records under the Commissioner’s control.
Marginal note:Destruction of information — chief firearms officers
(2) Each chief firearms officer shall ensure the destruction as soon as feasible of all records under their control related to the registration of firearms that are neither prohibited firearms nor restricted firearms and all copies of those records under their control.
Marginal note:Non-application
(3) Sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).
COORDINATING AMENDMENTS
Marginal note:2003, c. 8
30. (1) In this section, “other Act” means An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003.
(2) On the first day on which both section 27 of the other Act and section 16 of this Act are in force, paragraph 35.1(1)(b) of the Firearms Act is replaced by the following:
(b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and, in the case of a restricted firearm, satisfies the customs officer that the individual holds a registration certificate for the firearm;
(3) On the first day on which both section 28 of the other Act and section 16 of this Act are in force, subsection 36(1) of the Firearms Act is replaced by the following:
Marginal note:Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until
(a) the expiry of 60 days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or
(b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.
(4) If section 29 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and
(5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and
(6) If section 29 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 29 and subsection (5) applies as a consequence.
(7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:
(b) the individual produces a licence authorizing him or her to possess that kind of firearm;
(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and
(8) On the first day on which both section 31 of the other Act and section 17 of this Act are in force, section 41 of the Firearms Act is replaced by the following:
Marginal note:Temporary registration certificate
41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for a restricted firearm until a registration certificate is issued for it.
- Date modified: