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
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 Section 112 of the Act is repealed.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.
COMING INTO FORCE
Marginal note:Order in council
31. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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