Bill 189 2011

An Act to amend the Imitation Firearms Regulation Act, 2000 with respect to the sale of imitation firearms

Note:  This Act amends the Imitation Firearms Regulation Act, 2000, which has not previously been amended.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Subsection 4 (1) of the Imitation Firearms Regulation Act, 2000 is repealed and the following substituted:

Restriction re sale of imitation firearms

   (1)  No person shall, in the course of running a business, sell or transfer an imitation firearm to an individual unless,

  (a)  the individual is at least 18 years of age and presents valid identification in accordance with section 5;

  (b)  the individual provides a written statement that describes his or her intentions regarding the use of the imitation firearm and includes a declaration that he or she will not use the imitation firearm for an unlawful purpose; and

   (c)  he or she has obtained a criminal background check of the individual which reveals that the individual has not been convicted of any criminal offence for which a pardon has not been granted under the Criminal Records Act (Canada).

   (2)  Section 4 of the Act is amended by adding the following subsection:

Record of sale

   (2.1)  A person who sells or transfers an imitation firearm to an individual shall keep a record of the sale, including the name and address of the individual and a copy of the documents referred to in clauses (1) (b) and (c), for five years after the day of the sale.

   (3)  Subsection 4 (5) of the Act is repealed and the following substituted:

Offence

   (5)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than,

  (a)  $25,000 for a first offence; and

  (b)  $50,000 for a second or subsequent offence.

   (4)  Section 4 of the Act is amended by adding the following subsection:

Same

   (5.1)  A person who contravenes subsection (2.1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Imitation Firearms Regulation Amendment Act, 2011.

EXPLANATORY NOTE

The Bill amends the Imitation Firearms Regulation Act, 2000 with respect to the sale of imitation firearms. 

Currently, the Act prohibits the sale of an imitation firearm unless the purchaser is at least 18 years old and presents specified identification.  The amendments impose additional conditions on the sale of an imitation firearm.  These conditions include that the purchaser must provide a description of his or her intentions regarding the use of the imitation firearm and that the purchaser must not have been convicted of a criminal offence.

The amendments impose a requirement on a person who sells an imitation firearm to keep a record of the sale for five years. 

The amendments increase the maximum fine to which a person who contravenes the prohibition regarding the sale of imitation firearms may be liable.