Firearms Records Regulations (SOR/98-213)

Regulations are current to 2016-09-18

Firearms Records Regulations

SOR/98-213

FIREARMS ACT

Registration 1998-03-24

Firearms Records Regulations

P.C. 1998-488 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had a copy of the proposed Firearms Records Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996, which date is at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraph 83(1)(f), section 84 and paragraphs 87(1)(d) and 117(m), (s) and (w) of the Firearms Acta, hereby makes the annexed Firearms Records Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

Canadian Firearms Registry

Canadian Firearms Registry means the registry established by the Registrar under section 83 of the Act. (Registre canadien des armes à feu)

Canadian Firearms Registry

 For the purposes of paragraph 83(1)(f) of the Act, records shall be kept in the Canadian Firearms Registry of the following matters:

  • (a) every application for a licence, registration certificate or authorization that is issued or revoked by the Registrar, as well as all information accompanying the application;

  • (b) any information provided to the Registrar concerning firearms that are taken as samples or seized under the Act or any other Act of Parliament;

  • (c) the names of the individuals who are designated as chief firearms officers or firearms officers within the meaning of subsection 2(1) of the Act;

  • (d) information concerning prohibition orders made under section 147.1 of the National Defence Act;

  • (e) the names of the individuals who are approved verifiers within the meaning of the Conditions of Transferring Firearms and other Weapons Regulations; and

  • (f) information concerning any other matter relevant to the Registrar’s responsibilities under the Act, that is required to be collected under the Act or any other Act of Parliament.

Records of Chief Firearms Officers

 For the purposes of paragraph 87(1)(d) of the Act, a chief firearms officer shall keep records of the following matters:

  • (a) information concerning every approved shooting club or shooting range within the province;

  • (b) any information provided to the chief firearms officer concerning any recognizance referred to in section 810 or 810.1 of the Criminal Code, bail condition, probation order condition or condition of parole, that contains a prohibition or limitation on the possession of any weapon or other device referred to in subsection 109(1) of the Criminal Code;

  • (c) information concerning the restoration of an authorization, a licence or a registration certificate under section 117.06 of the Criminal Code;

  • (d) the names of the instructors in the province who are designated for the purpose of giving a course or test referred to in section 7 of the Act;

  • (e) the names of the individuals who have met the requirements of section 7 of the Act, including the date and place of any course or test;

  • (f) every certification issued under paragraph 7(4)(a) of the Act; and

  • (g) the maximum inventory levels for prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition set out in accordance with subsection 24(3) of the Firearms Licences Regulations.

Destruction of Records

  •  (1) Subject to subsection (2), for the purpose of section 84 of the Act, a record kept in the Canadian Firearms Registry shall not be destroyed until after the expiration of 10 years after the date of the last administrative action taken regarding the information in the record.

  • (2) A record, kept in the Canadian Firearms Registry under paragraph 83(1)(a) of the Act, of a registration certificate that is issued or revoked shall not be destroyed.

 For the purpose of subsection 87(2) of the Act, a record kept by a chief firearms officer shall not be destroyed until after the expiration of 10 years after the date of the last administrative action taken regarding the information in the record.

  •  (1) Despite section 5, the following records shall not be destroyed until after the death of the individual in respect of whom they are kept:

    • (a) the record attesting to the fact that the individual has met the requirements of section 7 of the Act, including the date and place of any course or test; and

    • (b) records of every certification issued under paragraph 7(4)(a) of the Act.

  • (2) Despite sections 4 and 5, records of prohibition orders kept under paragraph 87(1)(c) of the Act and records of information concerning prohibition orders made under section 147.1 of the National Defence Act shall not be destroyed until after the death of the individual in respect of whom the record is kept unless the individual meets the requirements of subsection 7(3) of the Act.

Amendment of Records

  •  (1) Records kept in the Canadian Firearms Registry under section 83 of the Act shall be amended only by the Registrar.

  • (2) Records kept under section 87 of the Act by a chief firearms officer shall be amended only by the chief firearms officer.

  • (3) The Registrar shall inform every chief firearms officer of any amendment made under subsection (1).

  • (4) A chief firearms officer shall inform the Registrar and all other chief firearms officers of any amendment made under subsection (2).

  • (5) An individual who wants personal information that is contained in a record about himself or herself to be amended shall submit an application in writing

    • (a) in the case of a record in the Canadian Firearms Registry, to the Registrar; and

    • (b) in the case of a record kept under section 87 of the Act, to the chief firearms officer in respect of the province in which the record was originally created.

Coming into Force

 These Regulations come into force on December 1, 1998.

  • SOR/98-471, s. 22.
Date modified: