Bill C-52: An Act to amend Chapter 6 of the Statutes of Canada, 2012

Bill C-52 LEGISinfo First Reading Bilingual view XML PDF Alternative Title Ending the Long-gun Registry Act Transitional Provisions Explanatory Notes First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-52 An Act to amend Chapter 6 of the Statutes of Canada, 2012 FIRST READING, June 9, 2017 MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS 90845 SUMMARY This enactment, 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. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-52 An Act to amend Chapter 6 of the Statutes of Canada, 2012 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Alternative Title Alternative title 1 This Act may be cited as the Supporting Vested Rights Under Access to Information Act. 2012, c. 6 Ending the Long-gun Registry Act 2015, c. 36, s. 230 2 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1. 2015, c. 36, s. 230 (2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed. 2015, c. 36, s. 231 3 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed. Transitional Provisions Definitions 4 The following definitions apply in this section and in sections 5 to 7. commencement day means the day on which this Act receives royal assent.‍ (date d’entrée en vigueur) copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie) personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels) record means, other than in section 7, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act.‍ (registres) specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that (a) was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or (b) was made or initiated after June 22, 2015 but before the commencement day. (procédure désignée) Non-application — Access to Information Act 5 (1) Subject to section 6, the Access to Information Act does not apply as of the commencement day with respect to records and copies. Non-application — Privacy Act (2) Subject to section 6, the Privacy Act, other than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information. Non-application — subsections 6(1) and (3) of the Privacy Act (3) For greater certainty, by reason of subsection 29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information. Continued application 6 (1) The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint, investigation, application, judicial review or appeal that results from a specified proceeding. Period running on June 22, 2015 restarts (2) A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 4 is deemed to restart, from the beginning, on the commencement day. Specified proceeding initiated after June 22, 2015 (3) A specified proceeding described in paragraph (b) of the definition of that expression in section 4 is deemed to be made or initiated on the commencement day. For greater certainty (4) For greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned. Permission to view records 7 The Commissioner of Firearms shall permit the Information Commissioner to view — for the purpose of settling the Federal Court proceeding Information Commissioner of Canada v. Minister of Public Safety and Emergency Preparedness, bearing court file number T-785-15 — any record that was in the Canadian Firearms Registry on April 3, 2015. Copy to Government of Quebec 8 (1) The Commissioner of Firearms shall — for the purpose of the administration and enforcement of the Firearms Registration Act, chapter 15 of the Statutes of Quebec, 2016 — provide the Quebec Minister with a copy of all records that were in the Canadian Firearms Registry on April 3, 2015 and that relate to firearms registered, as at that day, as non-restricted firearms, if the Quebec Minister provides the Commissioner with a written request to that effect before the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2). Notice (2) If no request is provided under subsection (1) before the Commissioner is in a position to proceed with ensuring the destruction of the records referred to in that subsection, the Commissioner shall, as soon as he or she is in that position, send written notice to the Quebec Minister of that fact. Destruction of records (3) Despite subsection 29(1) of the Ending the Long-gun Registry Act, the Commissioner shall proceed with ensuring the destruction of the records referred to in subsection (1) only after (a) he or she provides the Quebec Minister with a copy of the records, in the case where that Minister provides a written request in accordance with subsection (1); or (b) the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2), in any other case. Definition of Quebec Minister (4) In this section, Quebec Minister means the minister of the Government of Quebec responsible for public security. Extension 9 The Minister of Public Safety and Emergency Preparedness may, during the 120-day period referred to in subsection 8(1), make an order extending that period for another 120 days, and in that case the references in subsections 8(1) and (3) to “the 120th day” are to be read as references to “the 240th day”. Published under authority of the Speaker of the House of Commons explanatory notes Ending the Long-gun Registry Act Clause 2: (1) Existing text of subsection 29(3): (3) Sections 12 and 13 of the Library and Archives of Canada Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2). (2) Existing text of subsections 29(4) to (7): (4) The Access to Information Act, including sections 4, 30, 36, 37, 41, 42, 46, 67 and 67.‍1, does not apply, as of October 25, 2011, with respect to the records and copies referred to in subsections (1) and (2) or with respect to their destruction. (5) The Privacy Act, including subsections 6(1) and (3) and sections 12, 29, 34, 35, 41, 42, 45 and 68, does not apply, as of October 25, 2011, with respect to personal information, as defined in section 3 of that Act, that is contained in the records and copies referred to in subsections (1) and (2) or with respect to the disposal of that information. (6) For greater certainty, any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act with respect to any act or thing referred to in subsection (4) or (5) that is in existence on or after October 25, 2011 is to be determined in accordance with that subsection. (7) In the event of an inconsistency between subsection (1) or (2) and any other Act of Parliament, that subsection prevails to the extent of the inconsistency, and the destruction of the records and copies referred to in that subsection shall take place despite any requirement to retain the records or copies in that other Act. Clause 3: Existing text of section 30: 30 (1) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms or a chief firearms officer, or any person acting on behalf of or under the direction of any of them, with respect to the destruction, on or after April 5, 2012, of the records and copies referred to in subsections 29(1) and (2). (2) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms, a chief firearms officer, a government institution or the head of a government institution, or any person acting on behalf of or under the direction of any of them, for any act or omission done, during the period beginning on October 25, 2011 and ending on the day on which this subsection comes into force, in purported compliance with the Access to Information Act or the Privacy Act in relation to any of the records and copies referred to in subsections 29(1) and (2). (3) In subsection (2), “government institution” and “head” have the same meanings as in section 3 of the Access to Information Act or the same meanings as in section 3 of the Privacy Act, as the case may be. Publication Explorer Publication Explorer ParlVU