Vol. 144, No. 11 — May 26, 2010

Registration

SOR/2010-102 May 13, 2010

FIREARMS ACT

Regulations Amending the Firearms Fees Regulations

P.C. 2010-568 May 13, 2010

Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that the changes made to the Firearms Fees Regulations (see footnote a) by the annexed Regulations Amending the Firearms Fees Regulations are 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 Public Safety and Emergency Preparedness will, in accordance with subsection 119(4) of the Firearms Act (see footnote c), have a statement of the reasons why he formed that opinion laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to paragraph 117(q) of the Firearms Act (see footnote d), hereby makes the annexed Regulations Amending the Firearms Fees Regulations.

REGULATIONS AMENDING THE FIREARMS FEES REGULATIONS

AMENDMENT

1. Subsection 2.2(4) of the Firearms Fees Regulations (see footnote 1) is replaced by the following:

(4) For the purposes of subsections (1) and (3), the period begins on May 17, 2006 and ends on May 16, 2011.

COMING INTO FORCE

2. 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.)

Executive summary

Issue: These amendments extend three regulatory firearms compliance measures, the Firearms Fees Regulations, the Firearms Licences Regulations and the Order Declaring an Amnesty Period (2006), which, collectively, encourage previously lawful firearms owners to bring themselves back into compliance with federal firearms legislation. Not extending the three measures would have likely deterred some individuals from becoming compliant with federal firearms legislation and undermined public safety.

Description: These amendments for one year, until May 16, 2011,

(i) extend the fee waiver associated with renewing or upgrading an existing licence;

(ii) extend the Possession Only Licence eligibility measure, thereby removing the requirement for previous holders of these licences to take the firearms safety training course and obtain a Possession and Acquisition Licence; and

(iii) extend the amnesty which protects non-compliant owners of non-restricted firearms from criminal liability while they are taking steps to comply with the licensing and registration requirements of the Firearms Act and the Criminal Code.

Cost-benefit statement: The fee waiver, along with the licence eligibility and amnesty measures, are intended to increase compliance levels and benefit public safety.

Business and consumer impacts: There are no business impacts. The focus of these measures is to provide incentives to individuals who are currently not in compliance with federal firearms legislation, so as to encourage compliance. Other firearms stakeholders will not be affected.

Performance measurement and evaluation plan: Overall compliance is continuously monitored by the Royal Canadian Mounted Police Canadian Firearms Program. The Commissioner of Firearms, pursuant to the Firearms Act, provides an annual report to Parliament on the performance of the Canadian Firearms Program. No other performance measurement or evaluation plans are necessary. The last report was tabled on November 6, 2009.

Issue

These amendments extend three regulatory measures, the Firearms Fees Regulations, the Firearms Licences Regulations and the Order Declaring an Amnesty Period (2006), which, collectively, encourage and enable previously lawful firearms owners to bring themselves back into compliance with federal firearms legislation.

As of November 1, 2009, there were 1.8 million individuals licensed under the Firearms Act, who, collectively, have registered more than 7.4 million firearms. While the overall firearms licence renewal rate (since 2005) has been approximately 80%, as of November 1, 2009, more than 211 000 holders of expired licences are believed to still be in possession of their firearms, of which approximately 159 000 are former holders of Possession Only Licences. A majority of holders of current and expired Possession Only Licences are more than 50 years of age and often reside in rural or remote regions where access to training is limited. In addition, as a result of the Possession Only Licence renewal initiative introduced in May 2008, approximately 23 000 holders of expired Possession Only Licences have come back into compliance with federal firearms legislation.

Objectives

The main objective of the Canadian Firearms Program is to enhance public safety. This is achieved, in part, by maximizing the number of firearms owners who comply with the licensing and registration requirements set out in the Firearms Act and the Criminal Code. Such individuals are also then subject to Continuous Eligibility Screening as a condition of possessing a firearms licence.

Continuous Eligibility Screening recognizes that an individual’s circumstances, including the appropriateness of ongoing firearms possession, change over time. Such screening ensures that any known high-risk behaviour on the part of lawful firearms owners is automatically brought to the attention of Chief Firearms Officers and law enforcement. This allows authorities to take appropriate action, as required, including the revocation of a licence and seizure of a firearm. When a firearms owner becomes non-compliant (e.g. does not renew a licence), they are no longer within the ambit of the Canadian Firearms Program’s jurisdiction. As a result, privacy legislation prevents the RCMP from conducting further Continuous Eligibility Screening, thereby withdrawing a meaningful tool enabling the Canadian Firearms Program to take pre-emptive measures in dealing with higher-risk firearms owners.

Description

These amendments will, until May 16, 2011,

(i) extend the fee waiver associated with renewing or upgrading an existing licence;

(ii) extend the Possession Only Licence renewal measure, thereby removing the requirement for these individuals to take the firearms safety training course and obtain a Possession Acquisition and Licence; and

(iii) extend the amnesty that protects non-compliant non-restricted firearm owners from criminal liability while they are taking steps to comply with the licensing and registration requirements of the Firearms Act and the Criminal Code.

Regulatory and non-regulatory options considered

Without these regulatory amendments, commencing May 17, 2010, all individuals seeking to renew their licences would have been required to pay the associated fees; all individuals wishing to obtain a firearms licence, including those previously licensed, would have been required to pay for and successfully complete the firearms safety training course and apply for a Possession and Acquisition Licence; and all non-compliant firearms owners currently taking measures to come into compliance with federal firearms legislation would cease to be protected from criminal prosecution. This would have likely deterred some individuals from becoming compliant with federal firearms legislation, and undermined public safety.

Benefits and costs

The main objective of the Canadian Firearms Program is to enhance public safety. This is achieved, in part, by maximizing the number of firearms owners who comply with the licensing and registration requirements set out in the Firearms Act and the Criminal Code. Such individuals are also then subject to Continuous Eligibility Screening conducted by the RCMP as a condition of possessing a firearms licence.

The Government’s preference is to employ incentives that promote voluntary compliance with the Firearms Act, as opposed to forced compliance through enforcement measures.

There are modest costs associated with the proposed regulations for the federal government, and modest savings for firearms licensees. Currently, the Firearms Fees Regulations prescribe that both new and renewing firearms licence applicants are required to pay a fee of $60 for a licence for non-restricted firearms, and $80 for a licence for restricted firearms. These measures continue an existing fee waiver, for an additional one-year period, until May 16, 2011, for those individuals renewing their firearms licences.

Consultation

The regulatory amendments were pre-published in the Canada Gazette, Part I, to invite public comment for 15 days (March 20–April 3, 2010). During this period, 15 comments were received from 12 individuals and 3 organizations, including the Coalition for Gun Control, the National Council of Women and the Ad Hoc Coalition for Women’s Equality and Human Rights. Of the respondents, all opposed the extension of the amnesty, expressing concern that the amnesty was reducing the effectiveness of the firearms registry and providing immunity to long-gun owners from complying with federal firearms legislation. The Government considered the views of these stakeholders but has elected to move forward with the regulatory amendments, given their importance from a public-safety perspective. These measures establish favourable conditions to encourage firearms owners to comply with federal firearms legislation. Maximizing the number of individuals who are compliant with firearms legislation increases public safety as all legal firearms owners are subject to Continuous Eligibility Screening.

In 2009, the previous regulatory amendments were pre-published in the Canada Gazette, Part I, to invite public comment for 30 days (March 28–April 26, 2009). During this period, four comments were received, two from organizations and two from individuals. Of the respondents, two supported the proposed extension of the firearms compliance measures, while two opposed the extension of the amnesty. Those who supported the proposed regulations expressed their belief that these measures were part of the Government’s commitment to repeal the long-gun registry, while opponents expressed concern that the amnesty was reducing the effectiveness of the firearms registry and providing immunity to long-gun owners from complying with federal firearms legislation.

Similarly, during the pre-publication period from March 1 to 31, 2008, 131 comments were received via email, fax, telephone message, and letter mail concerning the proposed implementation of the compliance measures. Almost all of the input on the three regulations came from individuals rather than organizations; 126 individuals, four organizations and one provincial government commented on the proposal. Overall, support for the regulatory amendments was high, with some of the respondents indicating that they thought the initiatives were a good compliance incentive. A plurality of those in favour also noted there is a need to focus legislative measures to control firearms on criminals rather than otherwise law-abiding Canadians, while also expressing concern over the amount of money spent on the Canadian Firearms Program.

In 2008, nine respondents (one province, four organizations and four individuals) who did not support the combined initiatives expressed specific concern towards the amnesty extension. The Attorney General of Ontario was of the opinion that repeated extensions to the amnesty are leading to a deterioration of the data currently available to police in the Canadian Firearms Information System. Other opponents also felt that individuals have had sufficient time to familiarize themselves with the requirements of the law and expressed views critical of how the Government is handling the Canadian Firearms Program. Those who self-identified as being licensed owners with registered firearms and who are currently in compliance with the law were concerned that non-compliant individuals are being given too many opportunities to comply when information has been readily available for so long.

Implementation, enforcement and service standards

Communication efforts focus on who can avail themselves of these measures, how to do so, and the period during which these measures will be in effect. In an effort to increase voluntary compliance, communication efforts emphasize the Government’s commitment to improving public safety through effective gun control and tackling the criminal use of firearms, while reducing unnecessary administrative requirements on firearms owners. This is accomplished by highlighting the requirement of firearms owners to take steps to comply with the law and the benefits of extending the compliance measures, which, collectively, encourage and enable firearms owners to continue to meet their legal obligations.

Under federal firearms legislation currently in force, to be in lawful possession of a non-restricted firearm, an individual must hold a licence issued under the Firearms Act as well as a registration certificate for each non-restricted firearm.

Owners are expected to take positive steps to comply, as set out in the Order Declaring an Amnesty Period (2006), with the Firearms Act and Criminal Code.

Performance measurement and evaluation

Overall compliance is continuously monitored by the Royal Canadian Mounted Police Canadian Firearms Program. The Commissioner of Firearms, pursuant to the Firearms Act, provides an annual report to Parliament on the performance of the Canadian Firearms Program. No other performance measurement or evaluation plans are necessary. The last report was tabled November 6, 2009.

Contact

Ryan Doyle
Manager, Policy
Public Safety Canada
Law Enforcement and Policing Branch
Ottawa, Ontario
K1A 0P8
General Inquiries: 1-800-830-3118
Fax: 613-954-4808
Email: firearms@ps.gc.ca

Footnote a
SOR/98-204

Footnote b
S.C. 1995, c. 39

Footnote c
S.C. 1995, c. 39

Footnote d
S.C. 1995, c. 39

Footnote 1
SOR/98-204

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