Bill C-580: An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns)

C-580 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-580 An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns) first reading, October 8, 2010 Mr. Angus 403078 SUMMARY This enactment amends the Criminal Code to remove the first time offence of possession of a firearm other than a prohibited firearm or a restricted firearm without having registered that firearm under the Criminal Code. It clarifies that firearm possession proceedings under that Act do not abrogate or derogate from any existing rights of the aboriginal peoples of Canada. It also amends the Firearms Act to eliminate the fee for registration of a firearm that is neither a prohibited firearm nor a restricted firearm. It imposes more control on the release of records that are kept under that Act and that could be used to identify an individual, and ensures that the Chief Firearms Officer, in determining whether a person is eligible to hold a firearms licence, may review records relating to that person’s discharge from or unsuccessful application for membership in a law enforcement agency or the military. Finally, it amends the Contraventions Act to designate a first time offence under section 112 of the Firearms Act as a contraventions offence for the purposes of the Contraventions Act. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-580 An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 CRIMINAL CODE 1. Subsection 91(4) of the Criminal Code is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm, in the case of a first offence committed under section 112 of the Firearms Act. 2. Subsection 92(4) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm, in the case of a first offence committed under section112 of the Firearms Act. 3. The Act is amended by adding the following after section 117.11: Aboriginal rights 117.111 For greater certainty, no proceeding for an offence under any of sections 90, 91, 93, 97, 101, 104 and 105 may have the effect of abrogating or derogating from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982. 4. Section 117.15 of the Act is amended by adding the following after subsection (2): Information required (3) The Governor in Council may make regulations requiring a manufacturer or importer to provide information for the purpose of establishing that the thing in question is reasonable for use in Canada for hunting or sporting purposes. 1995, c. 39 FIREARMS ACT 5. Section 5 of the Firearms Act is amended by adding the following after subsection 5(2): Disclosure of records (2.1) The following records shall be disclosed to a chief firearms officer or, on a reference under section 74, a provincial court judge, in order to determine whether a person is eligible to hold a licence under subsection (1), namely, any record that indicates that the person (a) has been a member of and discharged from a law enforcement agency or the Canadian Forces or other military entity; or (b) has applied to become a member of a law enforcement agency or the Canadian Forces or other military entity and has been rejected. 6. (1) The portion of section 46 of the Act before paragraph (a) is replaced by the following: Authorization to import 46. An authorization to import goods described in section 43 shall include the serial numbers of those goods and may be issued to a business only if the business that applies for such an authorization (2) Paragraph 46(b) of the Act is replaced by the following: (b) identifies those goods in the prescribed manner, including by providing their serial numbers; 7. Section 50 of the Act is replaced by the following: Notification of Registrar 50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business and shall provide the Registrar with the serial numbers of those goods. 8. Section 54 of the Act is amended by adding the following after subsection (1): No fee payable (1.1) Despite subsection (1), no fee shall be paid for a registration certificate for a firearm that is neither a prohibited firearm nor a restricted firearm. Certificate of Indian Status (1.2) For the purpose of identifying an individual who applies for a registration certif- icate for a firearm other than a prohibited firearm or a restricted firearm, a Certificate of Indian Status issued to the individual by the Department of Indian Affairs and Northern Development, when accompanied by a firearms licence issued to the individual, shall be considered sufficient identification of that individual. 9. The Act is amended by adding the following after section 90: Release of records 90.1 For greater certainty, records that could be used to identify an individual shall not be released to any person inside or outside Canada, except in the interests of public safety, under a court order or as explicitly prescribed by an Act of Parliament. 10. The Act is amended by adding the following after section 94: Report 94.1 The Governor in Council shall request the Auditor General of Canada to inquire into and report on the operations of the Canadian Firearms Centre starting in the year in which this Act comes into force and in each of the four following years, and to submit each of those reports to Parliament. 11. (1) Subsection 112(1) of the Act is replaced by the following: Failure to register certain firearms 112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for that firearm. (2) Paragraph 112(2)(b) of the Act is replaced by the following: (b) a person who comes into possession of a firearm by operation of law and who, within 90 days or such longer period as may be granted by a chief firearms officer under subsection (2.1), lawfully disposes of it or obtains a registration certificate for it; or (3) Section 112 of the Act is amended by adding the following after subsection (2): (2.1) A chief firearms officer may grant an extension of the 90-day period referred to in paragraph (2)(b) of no more than 90 days, if the chief firearms officer determines, on the basis of prescribed considerations, that granting the extension is warranted and that the person seeking the extension meets the following conditions: (a) the person applies to the chief firearms officer for an extension of time within the 90-day period referred to in paragraph (2)(b); and (b) the person is unable to dispose of the firearm or obtain a registration certificate for it within the 90-day period referred to in paragraph (2)(b) because of prescribed circumstances. 1992, c. 47 CONTRAVENTIONS ACT 12. Section 2 of the Contraventions Act is amended by replacing the definition “contravention” with the following: “contravention”« contravention » “contravention” means an offence that is created by an enactment and is designated as a contravention by this Act or by regulation of the Governor in Council; 13. (1) Section 8 of the Act is amended by adding the following after subsection (1.1): Offence under Firearms Act (1.2) An offence under section 112 of the Firearms Act is designated as a contraventions offence for the purposes of this Act. (2) Subsection 8(2) of the Act is replaced by the following: Revocation of designation (2) For greater certainty, the Governor in Council may revoke the designation of an offence as a contravention, other than a designation referred to in subsection (1.2). COORDINATING AMENDMENTS 2003, c. 8 14. (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) If section 7 of this Act comes into force before section 35 of the other Act, then, on the day on which that section 35 comes into force, section 50 of the Firearms Act is replaced by the following: Notification of Registrar 50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business and shall provide the Registrar with the serial numbers of those goods. (3) If section 7 of this Act comes into force on the same day as section 35 of the other Act, then that section 35 is deemed to have come into force before that section 7. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada