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

Published date23 December 2019
SectionPart III - Acts of Parliament
Gazette Issue1 - [object Object]

S.C. 2019, c. 9

Assented to 2019-06-21

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

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.

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

PART 1Amendments 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. 39Firearms Act

Marginal note:2015, c. 27, s. 2(2)

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

    • Marginal note: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) Section 2 of the Act is amended by adding the following after subsection (3):

    • Marginal note:For greater certainty

      (4) For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.

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

    • Marginal note: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

  • (2) Subsection 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:

    • (c) 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;

    • (d) 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;

    • (e) 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; or

    • (f) for any other reason, poses a risk of harm to any person.

  • (3) Section 5 of the Act is amended by adding the following after subsection (2):

    • Marginal note:For greater certainty

      (2.1) For 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.

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

    • Marginal note:Grandfathered individuals — regulations

      (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.

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

    • Marginal note:Grandfathered individuals — CZ rifle

      (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.

    • Marginal note:Grandfathered firearms — CZ rifle

      (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.

    • Marginal note:For greater certainty

      (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.

    • Marginal note:Grandfathered individuals — SAN Swiss Arms

      (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.

    • Marginal note:Grandfathered firearms — SAN Swiss Arms

      (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...

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