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

Assented to 2019-06-21

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 (continued)

1995, c. 39Firearms Act (continued)

Marginal note:2015, c. 27, s. 6

  •  (1) Subsections 19(1.1) and (2) of the Act are replaced by the following:

    • Marginal note:Target practice or competition

      (1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

    • Marginal note:Exception for prohibited firearms other than prohibited handguns

      (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b).

  • (2) Subsections 19(1.1) and (2) of the Act are replaced by the following:

    • Marginal note:Target practice or competition

      (1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9), (11) or (14) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

    • Marginal note:Exception for prohibited firearms other than prohibited handguns

      (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9), (11) or (14) — between specified places except for the purposes referred to in paragraph (1)(b).

  • Marginal note:2015, c. 27, s. 6

    (3) Subsections 19(2.1) to (2.3) of the Act are replaced by the following:

    • Marginal note:Automatic authorization to transport — licence renewal

      (2.1) An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

    • Marginal note:Automatic authorization to transport — transfer

      (2.2) If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where they acquire it to the place where they may possess it under section 17.

    • Marginal note:Automatic authorization to transport — transfer

      (2.3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

Marginal note:2012, c. 6, s. 11; 2015, c. 27, s. 7

 Sections 23 and 23.1 of the Act are replaced by the following:

Marginal note:Authorization to transfer non-restricted firearms

  • 23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,

    • (a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;

    • (b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and

    • (c) the reference number is still valid.

  • Marginal note:Information — transferee’s licence

    (2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

  • Marginal note:Reference number

    (3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

  • Marginal note:Period of validity

    (4) A reference number is valid for the prescribed period.

  • Marginal note:Registrar not satisfied

    (5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.

Marginal note:2015, c. 27, s. 11

 Subsection 54(1) of the Act is replaced by the following:

Marginal note:Applications

  • 54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1), (2.2) or (2.3), may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

 The Act is amended by adding the following after section 58:

Marginal note:Conditions — licence issued to business

  • 58.1 (1) A chief firearms officer who issues a licence to a business must attach the following conditions to the licence:

    • (a) the business must record and, for the prescribed period, keep the prescribed information that relates to the business’ possession and disposal of non-restricted firearms;

    • (b) the business must record and — for a period of 20 years from the day on which the business transfers a non-restricted firearm, or for a longer period that may be prescribed — keep the following information in respect of the transfer:

      • (i) the reference number issued by the Registrar,

      • (ii) the day on which the reference number was issued,

      • (iii) the transferee’s licence number, and

      • (iv) the firearm’s make, model and type and, if any, its serial number; and

    • (c) the business must, unless otherwise directed by a chief firearms officer, transmit any records containing the information referred to in paragraph (a) or (b) to a prescribed official if it is determined that the business will cease to be a business.

  • Marginal note:Destruction of records

    (2) The prescribed official may destroy the records transmitted to them under paragraph (1)(c) at the times and in the circumstances that may be prescribed.

Marginal note:2015, c. 27, s. 13(1)

 Subsection 61(3.1) of the Act is replaced by the following:

  • Marginal note:Automatic authorization to transport

    (3.1) An authorization to transport referred to in subsection 19(1.1), (2.1), (2.2) or (2.3) must take the form of a condition attached to a licence.

Marginal note:

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

  • (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,

  •  (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.

 

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