Vol. 150, No. 20 — October 5, 2016
SI/2016-53 October 5, 2016
AN ACT TO AMEND THE CRIMINAL CODE (FIREARMS) AND THE FIREARMS ACT
Order Fixing October 31, 2016 as the Day on which Section 23 of the Act Comes into Force
P.C. 2016-822 September 23, 2016
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 57 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, fixes October 31, 2016 as the day on which section 23 of that Act comes into force.
(This note is not part of the Order.)
TRANSFERRING FIREARMS TO MUNICIPALITIES
Pursuant to section 57 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, this Order fixes October 31, 2016, as the day on which section 23 of the Act comes into force.
The purpose of this Order is to bring into force a technical amendment made to the Firearms Act in 2003, which requires the Registrar of Firearms (the Registrar) to revoke a registration certificate when a firearm is transferred to a municipality.
Pursuant to subsection 26(1) of the Firearms Act, an individual or business may transfer a restricted or prohibited firearm to the Crown or a province, to a police force or to a municipality if the person informs the Registrar, who is responsible for the operations of the Canadian Firearms Registry, and complies with the prescribed conditions.
Subsection 31(2) of the Firearms Act requires the Registrar, on being informed of the transfer, to revoke any registration certificate for that firearm. In its current form, subsection 31(2) requires the Registrar to revoke a registration certificate when informed of a transfer to the Crown, a province or to a police force, but inadvertently excludes municipalities.
An Act to Amend the Criminal Code (firearms) and the Firearms Act (2003) made the amendment to subsection 31(2) of the Firearms Act to include the requirement that the Registrar revoke a registration certificate when informed of a transfer to a municipality.
There are no anticipated implications for the administration of the Firearms Act as a result of adding the word “municipality” to subsection 31(2). This is an administrative, technical amendment and bringing this provision into force would close a gap in the legislation and bring consistency to the legislative framework. In practice, as registration certificates are currently revoked by the Registrar when a firearm is transferred by an individual or a business to a municipality, there are no implications for firearms owners.
The Royal Canadian Mounted Police (RCMP) Canadian Firearms Program was consulted and supports bringing the legislative amendment into force.
As needed, any relevant information on the change would be provided to stakeholders by the RCMP Canadian Firearms Program, via email (email@example.com).
Community Safety and Countering Crime Branch
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