3rd Session, 43rd Legislature

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Bill 8

THE LONG-BLADED WEAPON CONTROL AMENDMENT ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L214 amended

1   The Long-Bladed Weapon Control Act is amended by this Act.

2   The title is amended by adding "AND PEPPER SPRAY" after "LONG-BLADED WEAPON".

3   Subsection 1(1) is amended

(a) in the definition "long-bladed weapon", by replacing clause (b) with the following:

(b) has any other prescribed features or characteristics;

but does not include an article that is worn for religious purposes and that is not intended for use as a weapon.

(b) by replacing the definition "retailer" with the following:

"retailer" means a person who sells long-bladed weapons or pepper spray on a retail basis to the public and includes an online retailer. (« détaillant »)

(c) by adding the following definitions:

"online retailer" means a person who sells long-bladed weapons or pepper spray on a retail basis to the public through an online sales platform and includes a third party who sells long-bladed weapons or pepper spray through another party's online sales platform. (« détaillant en ligne »)

"pepper spray" means a product that discharges a liquid, aerosol or vapour that contains capsaicin or capsaicinoids in a concentration of 0.6% or more. (« vaporisateur de poivre »)

"secondary seller" means a person who sells used items or resells new items from their residence or another location that is not open to the public on a regular basis and includes a person selling items at a garage sale or flea market or through an online classified advertising website or social media. (« vendeur secondaire »)

4   The centred heading before section 2 is amended by striking out "BY RETAILERS" and substituting "AND PEPPER SPRAY".

5   Section 2 is amended

(a) in the section heading, by striking out "to long-bladed weapons";

(b) by adding "and pepper spray" after "all long-bladed weapons"; and

(c) in the English version, by striking out "those weapons" and substituting "those items".

6   The centred heading before section 3 is amended by adding "AND PEPPER SPRAY" at the end.

7   Sections 3 to 5 are replaced with the following:

Required identification

3(1)   The following must not sell a long-bladed weapon or pepper spray to a person unless, before the sale is finalized, the person produces prescribed photo identification that shows their date of birth:

(a) a retailer, other than an online retailer;

(b) a secondary seller.

Online retailer to require confirmation of age

3(2)   An online retailer must not sell a long-bladed weapon or pepper spray to a person unless, before the sale is finalized, measures specified by regulation are taken to confirm that the purchaser is 18 years of age or older.

No sale to minors

4   The following must not sell a long-bladed weapon or pepper spray to a person under 18 years of age:

(a) a retailer;

(b) a secondary seller.

SALES RECORDS

Recording sale information

5   A retailer must not sell a long-bladed weapon or pepper spray to a person unless the retailer records the following information at the time of sale:

(a) the name of the purchaser;

(b) the purchaser's address;

(c) the purchaser's date of birth, except if the retailer is an online retailer;

(d) the type, model or brand of long-bladed weapon or pepper spray sold;

(e) the date of sale;

(f) any other prescribed information.

8   The following is added after section 6 and before the centred heading that follows it:

ONLINE RETAILER DELIVERY REQUIREMENTS

Delivery requirements for online retailers

6.1   An online retailer must ensure that a long-bladed weapon or pepper spray is delivered by a method that requires the purchaser to produce prescribed photo identification confirming that the purchaser is 18 years of age or older to receive their order.

9   Section 12 is amended

(a) by adding the following after clause (b):

(b.1) clarifying, extending or limiting the meaning of "online retailer";

(b) by replacing clause (c) with the following:

(c) exempting specified types, models or brands of long-bladed weapons or pepper spray from the application of this Act;

(c) in clause (d),

(i) by adding "or secondary sellers" after "retailers", and

(ii) by adding "or specified provisions of this Act" at the end;

(d) in clause (e), by adding "and pepper spray" after "long-bladed weapons" wherever it occurs; and

(e) by adding the following after clause (e):

(e.1) respecting records that a secondary seller must keep and maintain;

(e.2) specifying measures that an online retailer must take to confirm that a purchaser is 18 years of age or older;

Coming into force

10   This Act comes into force on a day to be fixed by proclamation.