GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Firearms Act — F-11.6 Coming into force
Coming into force * 193 (1) Subject to subsection (2), this Act or any of its provisions or any provision of any other Act enacted or amended by this Act, other than sections 136, 137 and 174, shall come into force on a day or days to be fixed by order of the Governor in Council. Coming into force if no order made (2) If no order bringing this Act or any of its provisions or any provision of any other Act enacted or amended by this Act is made before January 1, 2003, this Act, other than sections 136, 137 and 174, comes into force on that date. * [Note: Section 85, as enacted by section 139, and sections 141 to 150 in force January 1, 1996, see SI/96-2; sections 118 and 119 in force April 30, 1996, see SI/96-39; section 95 in force December 18, 1997, see SI/98-2; sections 1, 2 and 117 in force February 25, 1998, see SI/98-35; sections 3 and 4, subsections 5(1) and (2), section 6, subsections 7(1) to (3), paragraphs 7(4)(a) to (d), subsection 7(5), sections 8 to 23, subsection 24(1), paragraphs 24(2)(a) and (b), sections 25 to 28, subsections 29(2) to (7), sections 30 and 31, paragraphs 32(a) and (c), sections 33 and 34, subsection 35(1) before paragraph (a), paragraph 35(1)(a) of the English version before subparagraph (i), subparagraphs 35(1)(a)(i) and (iii) of the English version, paragraphs 35(1)(a) and (c) of the French version, sections 54 to 94, 96, 98 to 116, 120 to 135 and 138, sections 84, 86 to 96 and 98 to 117.15, as enacted by section 139, and sections 140, 151 to 168, 170 to 173 and 175 to 193 in force December 1, 1998, see SI/98-93, 95; section 97 in force December 3, 1998, see SI/98-129; subsection 5(3), paragraph 7(4)(e), those portions of subsection 35(1) that are not yet in force, subsections 35(2) to (4) and section 36 in force January 1, 2001, see SI/2001-4; subsection 29(1) in force January 1, 2003, see SI/2002-161; paragraph 24(2)(c), as enacted by 2003, c.8, s.18, in force April 10, 2005, see SI/2005-27; section 97, as enacted by section 139, repealed before coming into force, see 2008, c. 20, s. 3; paragraph 24(2)(d) repealed before coming into force, see 2008, c. 20, s. 3; sections 37 to 53 repealed before coming into force, see 2008, c. 20, s. 3.]
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Transitional 49 (2) The person occupying the position of Registrar of Firearms on the day on which section 82 of the Act, as enacted by subsection (1) of this Act, comes into force is deemed, as of that day, to be appointed as Registrar of Firearms under the Public Service Employment Act and continues to occupy that position until another person is appointed or deployed as the Registrar of Firearms under that Act.
Firearms Act — F-11.6 29
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. 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. 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).
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Conversion of possession only licence 37 A licence that is issued under the Firearms Act and that is held by an individual referred to in paragraph 7(4)(c) of that Act, as it read immediately before the day on which this section comes into force, authorizes the holder to acquire any firearms that they are authorized to possess under the licence and that are acquired by the holder on or after that day and before the expiration or revocation of the licence.
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Definitions 25 The following definitions apply in this section and in sections 26 to 28 . 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 28 , 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 )
Firearms Act — F-11.6
commencement day means the day on which this Act receives royal assent. ( date d’entrée en vigueur )
Firearms Act — F-11.6
copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act . ( copie )
Firearms Act — F-11.6
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 )
Firearms Act — F-11.6
record means, other than in section 28 , a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act . ( registres )
Firearms Act — F-11.6 (a)
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 )
Firearms Act — F-11.6 26
Non-application — Access to Information Act 26 (1) Subject to section 27 , 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 27 , 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.
Firearms Act — F-11.6 28
Permission to view records 28 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.
Firearms Act — F-11.6 29
Copy to Government of Quebec 29 (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.
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Extension 30 The Minister of Public Safety and Emergency Preparedness may, during the 120-day period referred to in subsection 29 (1), make an order extending that period for another 120 days, and in that case the references in subsections 29 (1) and (3) to “the 120th day” are to be read as references to “the 240th day”.
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Protection orders 46 Section 6.1 of the Firearms Act , as enacted by section 16 , and section 70.2 of that Act, as enacted by section 36 , apply only in respect of protection orders , as defined in subsection 2(1) of that Act, made on or after the day on which section 15 comes into force.
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Registration certificates — handguns 47 Section 12.2 of the Firearms Act , as enacted by section 17 , does not apply in respect of a registration certificate for which an application was submitted in accordance with section 54 of that Act before the day on which that section 17 comes into force.
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Pending reference 48 Subsection 72(6) of the Firearms Act , as it read immediately before the day on which section 37 comes into force, continues to apply in respect of an applicant for or holder of a licence who referred the refusal to issue it or revocation of it to a provincial court judge under section 74 of the Firearms Act before that day if, on that day, the reference has not been finally disposed of.
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10 The Act is amended by adding the following in numerical order: Obligation to provide information 42.2 (1) A business may import a prohibited firearm or a restricted firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation. Information sharing (2) The Registrar and a customs officer may provide each other with any form or information that they receive under subsection (1).
Firearms Act — F-11.6 42.2
Obligation to provide information 42.2 (1) A business may import a prohibited firearm or a restricted firearm only if the business completes the prescribed form containing the prescribed information and provides it by electronic or other means to the Registrar before the importation and to a customs officer before or at the time of the importation. Information sharing (2) The Registrar and a customs officer may provide each other with any form or information that they receive under subsection (1).
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15 Subsection 83(1) of the Act is amended by adding the following after paragraph (d): (d.1) all information provided to the Registrar under section 42.2;
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15 Subsection 2(1) of the Firearms Act is amended by adding the following in alphabetical order: protection order protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from: (a) being in physical proximity to an identified person or following an identified person from place to place; (b) communicating with an identified person, either directly or indirectly; (c) being at a specified place or within a specified distance of that place; (d) engaging in harassing or threatening conduct directed at an identified person; (e) occupying a family home or a residence; or (f) engaging in family violence. ( ordonnance de protection )
Firearms Act — F-11.6 (a)
protection order protection order has the meaning assigned by the regulations but is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from: (a) being in physical proximity to an identified person or following an identified person from place to place; (b) communicating with an identified person, either directly or indirectly; (c) being at a specified place or within a specified distance of that place; (d) engaging in harassing or threatening conduct directed at an identified person; (e) occupying a family home or a residence; or (f) engaging in family violence. ( ordonnance de protection )
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38 (2) Paragraph 87(1)(c) of the Act is replaced by the following: (c) every prohibition order and protection order, and any variation or revocation of such orders, of which the chief firearms officer is informed under section 89; and
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40 The heading before section 89 is replaced by the following: Reporting of Prohibition Orders and Protection Orders
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41 Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following: Protection order (2) Any competent authority that makes, varies or revokes a protection order shall have a chief firearms officer informed of the protection order or its variation or revocation within 24 hours.
First Nations Commercial and Industrial Development Act — F-11.64 Preamble
Preamble WHEREAS first nations are planning commercial and industrial undertakings on reserve lands;
First Nations Commercial and Industrial Development Act — F-11.64
WHEREAS effective regulatory regimes are required for the governance of such undertakings;
First Nations Commercial and Industrial Development Act — F-11.64
WHEREAS first nations have requested the Government of Canada to provide for the establishment of such regimes to facilitate economic development on their lands;
First Nations Commercial and Industrial Development Act — F-11.64
WHEREAS existing Acts of Parliament do not provide sufficient authority for Canada or first nations to establish such regimes;
First Nations Commercial and Industrial Development Act — F-11.64
AND WHEREAS regulations in relation to a first nation’s reserve lands will be made under this Act only at the request of the first nation;
First Nations Commercial and Industrial Development Act — F-11.64
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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Short title 1 This Act may be cited as the First Nations Commercial and Industrial Development Act .
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Definitions 2 (1) The following definitions apply in this Act. first nation means a band as defined in subsection 2(1) of the Indian Act . ( première nation ) Minister means the Minister of Indigenous Services. ( ministre ) provincial body means a body established by the laws of a province. ( organisme provincial ) provincial official means a minister of the Crown in right of a province, a person employed by a province or a person appointed to, or employed by, a provincial body. ( fonctionnaire provincial ) reserve lands means lands within a reserve as defined in subsection 2(1) of the Indian Act . ( terres de réserve ) References to province (2) In this Act, references to a province, in relation to reserve lands, are to the province in which the reserve lands are situated. 2005, c. 53, s. 2; 2010, c. 6, s. 2 2019, c. 29, s. 375
First Nations Commercial and Industrial Development Act — F-11.64
first nation means a band as defined in subsection 2(1) of the Indian Act . ( première nation )
First Nations Commercial and Industrial Development Act — F-11.64
Minister means the Minister of Indigenous Services. ( ministre )
First Nations Commercial and Industrial Development Act — F-11.64
provincial body means a body established by the laws of a province. ( organisme provincial )
First Nations Commercial and Industrial Development Act — F-11.64
provincial official means a minister of the Crown in right of a province, a person employed by a province or a person appointed to, or employed by, a provincial body. ( fonctionnaire provincial )
First Nations Commercial and Industrial Development Act — F-11.64
reserve lands means lands within a reserve as defined in subsection 2(1) of the Indian Act . ( terres de réserve )
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es of the undertaking, and specify the terms and conditions of such dispositions; (p) exclude the reserve lands or the undertakings from the application of the Indian Oil and Gas Act ; (q) provide for the relationship between the regulations and aboriginal and treaty rights referred to in section 35 of the Constitution Act, 1982 , including limiting the extent to which the regulations may abrogate or derogate from those aboriginal and treaty rights; (r) provide for the arbitration of disputes arising under the regulations; and (s) provide for the disposition or destruction of documents, regardless of medium, that are created or submitted under the regulations. Incorporation by reference (3) The regulations may incorporate by reference any laws of the province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. 2005, c. 53, s. 3; 2010, c. 6, s. 3; 2012, c. 19, s. 63 2019, c. 28, s. 188
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Expanded meaning of undertaking 4 The Governor in Council may make regulations enlarging the meaning of the expression “commercial or industrial undertaking” for the purposes of this Act.
First Nations Commercial and Industrial Development Act — F-11.64 4.1
Regulations — land registration 4.1 (1) The Governor in Council may make regulations respecting the establishment and operation of a system for the registration of interests and rights in reserve lands described in the regulations. Content of regulations (2) Regulations made under subsection (1) may, despite any other Act of Parliament, (a) establish priorities or, in Quebec, rankings among interests or rights that have been registered; (b) establish a fund to compensate for losses in relation to interests or rights that have been registered or that should have been registered; (c) for purposes of registration, deem Her Majesty’s or a first nation’s interest or rights in the reserve lands to constitute fee simple title to or, in Quebec, ownership of the lands; (d) deem valid any surrender or designation of the reserve lands made or purported to be made under the Indian Act despite an assertion to the contrary by any person; (e) confirm the legal capacity of a first nation to hold, transfer and register interests and rights in the reserve lands; (f) authorize Her Majesty, without any new surrender or designation of reserve lands under the Indian Act by a first nation, to grant fee simple title to those lands to Herself or to the first nation or, in Quebec, confer ownership of those lands on Herself or on the first nation, for a purpose authorized under a surrender or designation made under that Act prior to the grant or conferral; (g) authorize the Minister, for the purposes of registration, to certify that Her Majesty or any other person has an interest or right in the reserve lands; (h) entitle the holders of registrable interests and rights in the reserve lands to apply for registration; (i) provide for the registration, at the request of the Minister or a first nation, of registrable interests and rights of any person that existed at the time of the initial registration of the fee simple title or ownership or other interests or rights of Her Majesty or the first nation in the reserve lands; (j) provide for the substitution by the Minister or a first nation, as the case may be, of registrable interests and rights in the reserve lands for non-registrable ones; (k) provide for the extinguishment of any interests and rights that are not registered; (l) provide for the manner of calculating the compensation, if any, to be paid by a first nation for any substitution or extinguishment referred to in paragraphs (j) and (k), and limit the time for claiming such compensation; and (m) exclude the reserve lands from the application of sections 19, 21 and 55 of the Indian Act . Interests and rights not affected (3) A grant or conferral under paragraph (2)(f) does not affect Her Majesty’s title to the reserve lands, or a first nation’s interest or rights in the reserve lands, as the case may be. Incorporation by reference (4) The regulations may incorporate by reference any laws of the province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. 2010, c. 6, s. 4
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Conditions for making regulations 5 (1) Regulations may not be made under section 3 or 4.1 in respect of reserve lands of a first nation unless (a) the Minister has received a resolution of the council of the first nation requesting that the Minister recommend to the Governor in Council the making of those regulations; and (b) if the regulations specify a provincial official by whom, or body by which, a power may be exercised or a duty must be performed, an agreement has been concluded between the Minister, the province and the council of the first nation for the administration and enforcement of the regulations by that official or body. Dispute resolution (2) An agreement referred to in paragraph (1)(b) may provide for the arbitration, in accordance with the laws of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute. Non-application (3) Subsection (1) does not apply to the amendment or repeal of regulations made under section 3 or 4.1. 2005, c. 53, s. 5; 2010, c. 6, s. 5
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Conflict with regulations under another Act 6 Regulations made under any other Act of Parliament prevail over regulations made under section 3 to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under that section.
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Conflict with first nation laws or by-laws 7 Regulations made under section 3 or 4.1 prevail over any laws or by-laws made by a first nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise. 2005, c. 53, s. 7; 2010, c. 6, s. 6
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Statutory Instruments Act 8 The Statutory Instruments Act does not apply to any instruments made by a provincial official or body under authority of a provincial law incorporated by reference in regulations made under section 3 or 4.1. 2005, c. 53, s. 8; 2010, c. 6, s. 6