The Long-Bladed Weapon Control Act

The Long-Bladed Weapon Control Act, C.C.S.M. c. L214 (Assented to November 7, 2024) bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions RESTRICTED ACCESS TO LONG-BLADED WEAPONS BY RETAILERS 2 Restricted access to long-bladed weapons REQUIREMENTS AND PROHIBITIONS FOR SALE OF LONG-BLADED WEAPONS 3 Identification required to purchase long-bladed weapon 4 No sale of long-bladed weapon to minors SALES RECORDS 5 Recording sale information 6 Retaining sales records INSPECTIONS 7 Inspectors 8 Inspections 9 Warrant 10 Obstruction OFFENCES AND PENALTIES 11 Offences and penalties MISCELLANEOUS PROVISIONS 12 Regulations 13 C.C.S.M. reference 14 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1(1) The following definitions apply in this Act. "inspector" means a person designated under section 7. (« inspecteur ») "long-bladed weapon" means, subject to the regulations, a machete, knife, sword or other weapon that (a) has a blade made of metal or other prescribed material that is at least 30 cm long or a different prescribed minimum length; and (b) has any other prescribed features or characteristics. (« arme à lame longue ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "retailer" means a person who sells long-bladed weapons on a retail basis to the public. (« détaillant ») Reference to "Act" includes regulations 1(2) A reference to "this Act" includes the regulations made under this Act. RESTRICTED ACCESS TO LONG-BLADED WEAPONS BY RETAILERS Restricted access to long-bladed weapons 2 A retailer must ensure that all long-bladed weapons in their business premises are located or secured in a manner that prevents a member of the public from directly accessing those weapons without assistance from the retailer. REQUIREMENTS AND PROHIBITIONS FOR SALE OF LONG-BLADED WEAPONS Identification required to purchase long-bladed weapon 3 A retailer must not sell a long-bladed weapon to a person unless the person produces prescribed photo identification that contains their date of birth to the retailer before the purchase is finalized. No sale of long-bladed weapon to minors 4 A retailer must not sell a long-bladed weapon to a person under 18 years of age. SALES RECORDS Recording sale information 5 A retailer must not sell a long-bladed weapon to a person unless the retailer records the following information at the time of sale: (a) the name of the purchaser as shown on the identification provided under section 3; (b) the purchaser's residential address; (c) the purchaser's date of birth; (d) the type and model of long-bladed weapon sold; (e) the date of sale; (f) any other prescribed information. Retaining sales records 6 A retailer must keep the records required under section 5 at their business premises for a minimum period of two years after the date of sale or a longer prescribed period. INSPECTIONS Inspectors 7 The minister may designate a person or class of persons employed by the government as inspectors for the purpose of administering and enforcing this Act. Inspections 8(1) An inspector may carry out any inspection reasonably required to determine compliance with this Act. Right of entry 8(2) To perform an inspection, an inspector may, at any reasonable time and without a warrant, enter (a) a retailer's business premises; and (b) any other premises or place where the inspector has reasonable grounds to believe that records or other things relevant to the administration or enforcement of this Act may be found. Entry into dwelling only with consent or warrant 8(3) An inspector may not enter into a private dwelling except with the consent of the owner or occupant or under the authority of a warrant issued under The Provincial Offences Act . Identification 8(4) An inspector carrying out an inspection must produce identification on request. Assistance to inspector 8(5) The owner or person in charge of the place of inspection or having custody or control of the relevant records must (a) produce or make available to the inspector all records and property that the inspector requires for the inspection; and (b) provide any assistance or additional information that the inspector reasonably requires to perform the inspection. Inspector may make copies 8(6) An inspector may use equipment at the place of inspection to make copies of relevant records, and may remove the copies from the place of inspection for further examination. Removal of records to make copies 8(7) An inspector who is not able to make copies of records at the place of inspection may remove them to make copies, but the inspector must give a receipt to the person from whom they were taken and return the originals as soon as practicable. Copies as evidence 8(8) A document certified by an inspector to be a printout or copy of a record obtained under this Act (a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and (b) has the same probative force as the original record. Warrant 9 Section 8 does not limit the ability of an inspector to apply for, receive and execute a warrant issued under The Provincial Offences Act . Obstruction 10 A person must not hinder, obstruct or interfere with an inspector carrying out an inspection under section 8. OFFENCES AND PENALTIES Offences and penalties 11(1) A person who contravenes a provision of this Act is guilty of an offence and is liable on conviction (a) in the case of an individual, (i) for a first offence, to a fine of not more than $5,000, and (ii) for each subsequent offence, to a fine of not more than $10,000; and (b) in the case of a corporation, (i) for a first offence, to a fine of not more than $25,000, and (ii) for each subsequent offence, to a fine of not more than $100,000. Corporate officers and directors 11(2) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalty set out in clause (1)⁠(a), whether or not the corporation has been prosecuted or convicted. MISCELLANEOUS PROVISIONS Regulations 12 The minister may make regulations (a) prescribing blade materials or blade length, or both, for the purpose of clause (a) of the definition "long-bladed weapon" in subsection 1(1); (b) prescribing other features or characteristics of a long-bladed weapon for the purpose of clause (b) of the definition "long-bladed weapon" in subsection 1(1); (c) exempting specified types, classes or models of long-bladed weapons from the application of this Act; (d) exempting specified classes of retailers from the application of this Act; (e) respecting records that a retailer must keep and maintain, including records respecting their inventory of long-bladed weapons and the sale and return of long-bladed weapons; (f) respecting the manner in which records required under this Act must be prepared and maintained; (g) prescribing anything referred to in this Act as being prescribed; (h) defining any word or phrase used but not defined in this Act; (i) respecting any matter the minister considers necessary or advisable to carry out the purposes of this Act. C.C.S.M. reference 13 This Act may be referred to as chapter L214 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 14 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2024, c. 37 came into force by proclamation on December 31, 2024.