Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-240 August 30, 2005

FIREARMS ACT

Regulations Amending the Public Agents Firearms Regulations

P.C. 2005-1465 August 30, 2005

Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that the changes made to the Public Agents Firearms Regulations (see footnote a) by the annexed Regulations Amending the Public Agents Firearms 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 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 Public Safety and Emergency Preparedness, pursuant to section 117 (see footnote d) of the Firearms Act (see footnote e), hereby makes the annexed Regulations Amending the Public Agents Firearms Regulations.

REGULATIONS AMENDING THE PUBLIC AGENTS FIREARMS REGULATIONS

AMENDMENTS

1. Subsections 8(1) and (1.1) of the Public Agents Firearms Regulations (see footnote 1) are replaced by the following:

8. (1) Every public service agency shall ensure that on or before October 31, 2007 the Registrar is provided with one or more reports that set out the inventory of all agency firearms and protected firearms in the agency's possession on October 31, 2006.

(1.1) For the purposes of subsection (1), inventory does not include protected firearms in the public service agency's possession on October 31, 2006 that the agency intends to dispose of on or before October 31, 2007.

2. Subsection 8.1(1) of the Regulations is replaced by the following:

8.1 (1) Every public service agency shall ensure that a report of each protected firearm described in subsection 8(1.1) that is still in its possession after October 31, 2007 is provided to the Registrar without delay.

3. (1) Subsection 9(1) of the Regulations is replaced by the following:

9. (1) Every public service agency shall ensure that a report of each firearm that comes into its possession for use as an agency firearm after October 31, 2006 is provided to the Registrar without delay.

(2) Paragraph 9(2)(c) of the English version of the Regulations is replaced by the following:

(c) if applicable, a statement that the firearm was imported by the public service agency or unit.

4. (1) Subsection 10(1) of the Regulations is replaced by the following:

10. (1) Every public service agency shall ensure that a report of each firearm that comes into its possession after October 31, 2006 and that it keeps as a protected firearm is provided to the Registrar, subject to subsection (1.1), within 30 days after the coming into possession.

(2) Paragraph 10(2)(e) of the English version of the Regulations is replaced by the following:

(e) if applicable, a statement that the firearm was imported by the public service agency or unit.

5. Subsection 16(3) of the Regulations is replaced by the following:

(3) Subsection (1) does not apply in respect of a protected firearm that is in the possession of a public service agency on October 31, 2006 and that the agency disposes of on or before October 31, 2007.

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

(2) Sections 8 to 10.2 and 12 to 16 come into force on October 31, 2006.

COMING INTO FORCE

7. 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

The Regulations amend the coming into force date, from September 30, 2005 to October 31, 2006, of those sections of the Public Agents Firearms Regulations, SOR/98-203 that require public agencies to report their inventories of firearms to the Registrar. Extensive substantive amendments were made to the Regulations on November 29, 2004 (SOR/2004-265). In addition to the coming into force date, dates related to reporting are adjusted throughout the Regulations, to insure that agencies have one year to report the inventory they possess on the coming into force date. Amendments are also being made to paragraphs 9(2)(c) and 10(2)(e) of the English version of the Regulations to resolve an English-French concordance issue.

Alternatives

The alternative to deferring the coming into force date of these Regulations is to bring the Regulations into force as planned on September 30, 2005. Given the requirement for stakeholders to be advised of the changes and their effect, and the need to provide proper technological support to agencies and to the Registrar, it is preferable to defer these Regulations at this time.

The English-French concordance issue in the Regulations can only be resolved by way of amendment.

Benefits and Costs

The deferral of the coming into force of the reporting requirements of the Public Agents Firearms Regulations is cost neutral. However, the delay should provide a period of time during which systems may be adjusted such that the Registrar will have a cost-effective, efficient process for recording these firearms. Agencies that must report their inventories of firearms will also benefit from the delay, since it will provide them with additional time to plan and implement the procedures required to meet the requirements under the Regulations and allow them to become familiar with the amendments that were made in 2004.

Consultation

Consultations on these Regulations were undertaken with concerned stakeholders, including representatives of police agencies and associations, representatives of businesses that sell firearms to public agencies and Firearms Program Advisory Committee members. The proposed deferral of the reporting requirements was well received.

The Joint Senate and House of Commons Standing Committee on the Scrutiny of Regulations brought the issue of a discrepancy between the French and English texts of the Regulations to the attention of the Canadian Firearms Centre. The Canadian Firearms Centre agrees with the recommendation of their counsel and is taking the first opportunity to address the issue in order to avoid any interpretation problem in respect of the obligation to report imported firearms.

To ensure that all stakeholders and interested parties are informed of the amendment to the Regulations, immediately upon a decision, affected client groups will be advised through bulletins from the Canadian Firearms Centre. Updated Website materials and information for distribution through the 1-800 public inquiry line will also be prepared. Other media relations will be handled on a response basis.

Compliance and Enforcement

While the reporting requirements of the Public Agents Firearms Regulations will not come into force until October 31, 2006, it is important to note that these Regulations only apply to firearms owned or possessed by police and other public service agencies. There is no impact on the requirements that apply to individuals or businesses.

Contact

Legal Counsel
Canadian Firearms Centre
Ottawa, Ontario
K1A 1M6
Telephone: 1-800-731-4000, extension 2072
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. 2003, c. 22, par. 224(z.38)

Footnote e

S.C. 1995, c. 39

Footnote 1

SOR/98-203

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