ARCHIVED — Regulations Amending the Gun Shows Regulations

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Vol. 144, No. 25 — December 8, 2010

Registration

SOR/2010-275 November 26, 2010

FIREARMS ACT

P.C. 2010-1496 November 26, 2010

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

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to paragraphs 117(g), (h) and (o) (see footnote c) of the Firearms Act (see footnote d), hereby makes the annexed Regulations Amending the Gun Shows Regulations.

REGULATIONS AMENDING THE GUN SHOWS REGULATIONS

AMENDMENT

1. Section 15 of the Gun Shows Regulations (see footnote 1) is replaced by the following:

15. These Regulations come into force on November 30, 2012.

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.)

Issue and objectives

The Gun Shows Regulations (SOR/98-211) are scheduled to come into force on November 30, 2010. This amendment will defer the implementation date for another two years, to November 30, 2012.

The deferral will provide the Department of Public Safety Canada with time to explore the need for amendments to the Regulations, including a proposed change stipulating that those wishing to sponsor a gun show inform, as opposed to secure the approval of, the Chief Firearms Officer (CFO) within the provincial/ territorial jurisdiction.

Description and rationale

The Regulations amend the coming-into-force date of the Gun Shows Regulations (SOR/2008-298) from November 30, 2010, to November 30, 2012.

Originally developed and laid before each House of Parliament in 1998, but not brought into force, the Gun Shows Regulations outline requirements for individuals and businesses wishing to sponsor and participate in gun shows. Essentially, the Regulations (i) require the sponsor to secure the approval of the Chief Firearms Officer (CFO) and notify local law enforcement prior to an event; (ii) require the sponsor to ensure the security of the location and firearms therein, and that the gun show will not endanger the safety of any person; and (iii) require exhibitors to ensure the security of his or her table or booth and the firearms therein. Approximately 300 gun shows take place in Canada each year.

Between 1998 and 2006, the coming-into-force date of the Regulations has been deferred on eight occasions. Reasons for previous deferrals have included amending the Regulations in 2004 to reduce administrative burdens for individuals and sponsors wishing to participate in, or sponsor, a gun show, conducting legal analyses and conducting consultations with stakeholders.

In November 2008, the Regulations were deferred for a ninth time to enable officials to review the appropriateness of the proposed standards for those wishing to sponsor a gun show. Specifically, the question was whether requirements for sponsors to “ensure” the security of the location, weapons and safety of persons in attendance were too high a legal threshold. Public Safety, will continue to consider this question while exploring the need for amendments to the Regulations, including the aforementioned proposed change that those wishing to sponsor a gun show inform as opposed to secure the approval of, the CFO.

Firearms advocates also remain concerned regarding the discretionary powers of CFOs and the extent to which approvals, in the absence of criteria, would be made consistently across provinces and territories. Specifically, these stakeholders are concerned that CFOs in some jurisdictions may interpret the Regulations too rigorously and unreasonably deny sponsorship applications for gun shows.

This amendment seeks to defer the coming into force of the Regulations for another two years to allow sufficient time to examine these concerns and conduct further consultations with stakeholders, law enforcement and CFOs.

Consultation

Firearms advocates, including the Minister’s Firearms Advisory Committee, are of the view that the Regulations are unnecessary given that the majority of gun show sponsors and exhibitors meet the safety requirements set out in the Regulations and that most sponsors voluntarily inform the CFO that a show is taking place (to facilitate the transfer [sale] of firearms).

Anecdotal evidence suggests that Canadian gun show sponsors and exhibitors generally comply with the safety requirements of the Gun Shows Regulations. There are also provisions in force under the Firearms Act respecting the storage, display, transportation and handling of firearms that apply to both businesses and individuals participating in gun shows. While the RCMP would support implementing the Regulations, from a risk management perspective, Canadian gun shows are not considered a significant public safety concern.

Implementation, enforcement and service standards

The amendment defers the coming into force of a measure that has not yet been implemented. As a result, no implementation, enforcement or service standard issues have been identified.

Contact

Firearms and Operational Policing Policy Division
Public Safety Canada
Ottawa, Ontario
K1A 0P8
Telephone: 613-949-7770
Fax: 613-954-4808
Email: firearms@ps.gc.ca

Footnote a
SOR/98-211

Footnote b
S.C. 1995, c. 39

Footnote c
S.C. 2003, c. 8, s. 54(3)

Footnote d
S.C. 1995, c. 39

Footnote 1
SOR/98-211