Vol. 135, No. 1 — January 3, 2001

Registration
SOR/2001-9 13 December, 2000

FIREARMS ACT

Regulations Amending the Public Agents Firearms Regulations

P.C. 2000-1780 13 December, 2000

Whereas the Minister of Justice is of the opinion that the change made to the Public Agents Firearms Regulations (see footnote a) by the annexed Regulations Amending the Public Agents Firearms Regulations is so immaterial and insubstantial that section 118 of the Firearms Act(see footnote b) should not be applicable in the circumstances;

And whereas the Minister of Justice will, in accordance with subsection 119(4) of the Firearms Act(see footnote c) have a statement of the reasons why she formed that opinion laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 117 of the Firearms Act(see footnote d) hereby makes the annexed Regulations Amending the Public Agents Firearms Regulations.

REGULATIONS AMENDING THE PUBLIC AGENTS FIREARMS REGULATIONS

AMENDMENTS

1. The portion of subsection 8(1)(see footnote 1) of the Public Agents Firearms Regulations(see footnote 2) before paragraph (a) is replaced by the following:

8. (1) Every public service agency shall provide the Registrar within one year after January 1, 2003 with its name and agency identification number as well as a complete inventory of all firearms in its possession including listings of

2. (1) The portion of subsection 9(1)(see footnote 3) of the Regulations before paragraph (a) is replaced by the following:

9. (1) A public service agency that, after January 1, 2003, acquires a firearm for use as an agency firearm, shall forthwith advise the Registrar of this transaction, providing:

(2) Subsection 9(2)(see footnote 4) of the Regulations is replaced by the following:

(2) Where a public service agency, after January 1, 2003, acquires an agency firearm that is not kept for the exclusive use of peace officers involved in covert operations and that does not bear a serial number sufficient to distinguish it from other firearms or a firearm identification number, the public service agency shall mark the firearm identification number when assigned, on the firearm, by stamping or engraving the number permanently and legibly on its frame or receiver in a visible place.

3. The portion of subsection 10(1)(see footnote 5) of the Regulations before paragraph (a) is replaced by the following:

10. (1) A public service agency shall report to the Registrar every firearm that comes into its possession after January 1, 2003 for the purpose of being kept as a protected firearm, before the earlier of

4. Subsection 18(2)(see footnote 6) of the Regulations is replaced by the following:

(2) Sections 8 to 10 and 12 to 16 come into force on January 1, 2003.

COMING INTO FORCE

5. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

These Regulations form part of a comprehensive regulatory package implementing the new statutory scheme for the control of firearms and other weapons provided for in the Firearms Act and a completely amended Part III of the Criminal Code.

The Regulations amend the date on which the Authorization to Export or Import Firearms Regulations (Businesses), certain sections of the Importation and Exportation of Firearms Regulations (Individuals) and certain sections of the Public Agents Firearms Regulations come into force.

Regulations Amending the Public Agents Firearms Regulations

Sections 1 to 7, 11 and 17 were brought into force on December 1, 1998. Sections 8 to 10 and 12 to 16 were deferred to January 1, 2001. These Regulations further defer the coming into force of those sections until January 1, 2003. They also make consequential changes to references concerning the commencement date in subsections 8(1), 9(1), 9(2) and 10(1). The Regulations also correct a minor error in terminology in subsection 9(2) of the Regulations by changing the word "public" to "peace" officer, in an effort to reflect the intent of the regulatory provision.

The Public Agents Firearms Regulations will impose new administrative obligations on public service agencies. The sections being deferred will establish reporting requirements, such as the requirement that public agencies provide the Registrar with an inventory of firearms in their possession within one year of implementation. The complexity of the systems support needed to ensure that these requirements do not impose a significant burden on public service agencies would appear to be greater than anticipated. Many agencies would face significant demands upon their existing resources if forced to comply with new administrative obligations at this time. A delay in the coming into force of these provisions will allow public service agencies to gradually implement the remaining provisions of the Public Agents Firearms Regulations, thereby helping to reduce the costs imposed on the agencies and the demands placed on their resources. A delay of these provisions would also allow for the development and gradual implementation of systems such as automated inventory recording systems, and of the communications linkages necessary to facilitate the efficient transfer and processing of the data.

Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses)

These Regulations further defer the coming into force of the Authorization to Export or Import Firearms Regulations (Businesses) from January 1, 2001 until January 1, 2003. With the exception of sections 35 and 36, the sections of the Act, and the supporting regulations, establishing border controls for businesses will come into force on January 1, 2003. The deferral of the regulations affecting businesses will allow businesses that export or import firearms or other regulated materials more time to prepare for compliance with the new requirements. The delay will permit businesses to gradually prepare for the implementation of the regulations thereby allaying the costs and burdens of the new administrative obligations imposed upon them.

The January 1, 2001 licensing deadline, when combined with the overwhelming success of the Outreach licensing program, has required that existing resources be diverted to other task in order to meet the high level of licensing demand. A delay in the implementation of the Regulations will allow for the development, testing and implementation of systems to permit the efficient processing and transfer of data between businesses, the Canada Customs and Revenue Agency and the Registrar. This will be a benefit to the Canada Customs and Revenue Agency, which will administer the requirements and help to ensure a smooth transition and minimal effect on the flow of border traffic involving firearms.

Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals)

These Regulations further defer the coming into force of sections 4, 5, and 7 to 14 of the Importation and Exportation of Firearms Regulations (Individuals) from January 1, 2001 to January 1, 2003. With the exception of sections 35 and 36 of the Firearms Act, and sections 1, 3 and 6 of the Importation and Exportation of Firearms Regulations (Individuals), the sections of the Act, and the supporting regulations, establishing border controls for both individuals and businesses will now be brought into force on January 1, 2003.

Residents of Canada must have a firearms licence in order to possess firearms as of January 1, 2001, and non-residents who possess firearms in Canada are subject to the same requirements. Sections 35 and 36, which provide for a Non-Resident Firearm Declaration, along with other sections of the Act that provide for Non-Resident Borrowing Licences (for non-restricted firearms) are being brought into force on January 1, 2001. Sections 1, 3 and 6 of the Importation and Exportation of Firearms Regulations (Individuals) support the implementation of sections 35 and 36, and provide the administrative structure for the operation of those sections. Non-Residents in possession of the above noted documents will be permitted to lawfully borrow firearms from Canadian residents or import certain of their own firearms, in accordance with the provisions of the Act and the Customs Tariff.

Full implementation of the Regulations at this time would impose new obligations on individuals wishing to import firearms into Canada and likely prove cumbersome and result in frustrating delays at border points for the public. A delay in the implementation of the outstanding provisions of the Act and the regulations — with entry into force of these import/export provisions on January 1, 2003 coinciding with the deadline for firearms registration — would also facilitate communication with the public and training of officials responsible for implementation. A delay of the new importation requirements will give individuals importing firearms into Canada additional time to prepare for compliance with these obligations and will allow for the further development of enhanced automated systems and administrative processes that will facilitate compliance.

Alternatives

An amendment of the existing regulations is the only means of deferring the implementation of the regulatory requirement.

Benefits and Costs

The delay in the coming into force of the Authorization to Export or Import Firearms Regulations (Businesses), certain sections of the Importation and Exportation of Firearms Regulations (Individuals) and certain sections of the Public Agents Firearms Regulations, from January 1, 2001 until January 1, 2003, will be highly beneficial to all of the groups involved.

The Regulations Amending the Public Agents Firearms Regulations will reduce the administrative burdens placed upon public agencies by the Firearms Act by allowing additional time for the gradual implementation of the provisions and the development of automated systems and processes. The Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses) will provide more time to businesses that export or import firearms or other regulated materials to gradually prepare for compliance with the new administrative requirements. The delay in the coming into force will also provide the time necessary to complete the development of automated processes, including high-volume electronic data transmission processes, that will minimize the impact on business activity involving firearms exports and imports. The Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) will give further time to develop administrative processes that will help to minimize the impact on individuals importing firearms into Canada, and provide additional time to prepare for compliance with the new requirements. This will help to ensure an effective implementation of the regulatory requirements and a minimal effect on the flow of border traffic involving firearms.

Consultation

Consultations on these Regulations were undertaken with: provincial authorities, in particular the chief provincial and territorial firearms officers; federal departments involved in the implementation of the new law, in particular the Department of the Solicitor General - Royal Canadian Mounted Police, and Revenue Canada - Customs; representatives of police agencies and police associations; and the User Group on Firearms established by the Minister of Justice as an advisory body.

Prior to the making of the Regulations being amended, extensive consultations had been undertaken with other concerned groups in addition to those enumerated above, in particular, firearms user and industry groups; businesses involved in the film, theatrical and television industry; and shooting organizations.

To ensure that all stakeholders and interested parties are advised of the changes to the above-noted regulations, immediately upon a decision, affected client groups will be advised through bulletins from the Canadian Firearms Centre Communications Group. Updated Web site materials, information for distribution through the 1-800 public inquiry line and other targeted campaigns will also be prepared. A news release and backgrounder will be sent to major media outlets. Other media relations will be handled on a response basis.

Compliance and Enforcement

These Regulations result in a delay in the implementation of existing provisions of certain Firearms Act Regulations, and no compliance mechanisms are therefore required.

Contact

Legal Counsel
Canadian Firearms Centre
Department of Justice
East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Tel.: 1-800-731-4000
FAX: (613) 941-1991

Footnote a

SOR/98-203

Footnote b

S.C. 1995, c. 39

Footnote c

S.C. 1995, c. 39

Footnote d

S.C. 1995, c. 39

Footnote 1

SOR/99-109

Footnote 2

SOR/98-203

Footnote 3

SOR/99-109

Footnote 4

SOR/99-109

Footnote 5

SOR/99-109

Footnote 6

SOR/99-109

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