Firearms Act (S.C. 1995, c. 39)

RELATED PROVISIONS

• — 2003, c. 8, s. 49(2)

  • Transitional

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

• — 2012, c. 6, s. 29, as amended by 2019, c. 9, s. 23

  • 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.

    • 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.

    • 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).

• — 2015, c. 27, s. 37

  • Conversion of possession only licence

    37 A licence that is issued under the Firearms Act and that is held by an individual referred to in paragraph 7(4)(c) of that Act, as it read immediately before the day on which this section comes into force, authorizes the holder to acquire any firearms that they are authorized to possess under the licence and that are acquired by the holder on or after that day and before the expiration or revocation of the licence.

• — 2019, c. 9, s. 25

  • Definitions

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

    commencement day

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

    copy

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

    personal information

    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

    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

    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)

• — 2019, c. 9, s. 26

  • 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.

• — 2019, c. 9, s. 28

  • 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.

• — 2019, c. 9, s. 29

  • 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.

• — 2019, c. 9, s. 30

  • 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”.

• — 2023, c. 32, s. 46

  • Protection orders

    46 Section 6.1 of the Firearms Act, as enacted by section 16, and section 70.2 of that Act, as enacted by section 36, apply only in respect of protection orders, as defined in subsection 2(1) of that Act, made on or after the day on which section 15 comes into force.

• — 2023, c. 32, s. 47

  • Registration certificates — handguns

    47 Section 12.2 of the Firearms Act, as enacted by section 17, does not apply in respect of a registration certificate for which an application was submitted in accordance with section 54 of that Act before the day on which that section 17 comes into force.

• — 2023, c. 32, s. 48

  • Pending reference

    48 Subsection 72(6) of the Firearms Act, as it read immediately before the day on which section 37 comes into force, continues to apply in respect of an applicant for or holder of a licence who referred the refusal to issue it or revocation of it to a provincial court judge under section 74 of the Firearms Act before that day if, on that day, the reference has not been finally disposed of.

• — 2023, c. 32, s. 72.1

  • Rights of Indigenous peoples

    • 72.1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

    • Definition of Indigenous peoples

      (2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.