An Act to amend certain Acts and Regulations in relation to firearms (S.C. 2019, c. 9)

Marginal note:

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

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

  Marginal note: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) 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;

• (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):

  • (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.

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

  • Marginal note:Reporting of acquisitions and transfers

    (2) A 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.

Marginal note: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11 Section 90.1 of the Act is repealed.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:

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

  • (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;

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

  • (m) regulating the keeping, transmission 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):

  • (n.1) regulating the transmission of records under paragraph 58.1(1)(c) by a business to a prescribed official;

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

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

R.S., c. C-46Criminal Code

Marginal note:2015, c. 27, s. 18

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

Marginal note:1995, c. 39, s. 139

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

Marginal note:2015, c. 27, s. 34

18 Subsections 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

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:

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

Marginal note: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.

• Marginal note:Order in council

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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 22012, c. 6Ending the Long-gun Registry Act

Amendments to the Act

Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note: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)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note:Definition of Quebec Minister

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

Marginal note: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”.