Vol. 143, No. 13 — March 28, 2009

Regulations Amending the Firearms Fees Regulations

Statutory authority

Firearms Act

Sponsoring department

Department of Public Safety and Emergency Preparedness

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Executive summary

Issue

This proposal would amend and extend three regulatory measures which, collectively, encourage and enable previously lawful firearms owners to bring themselves back into compliance with the Firearms Act: the Firearms Fees Regulations, the Firearms Licences Regulations and the Order Declaring an Amnesty Period (2006).

As of January 1, 2009, there were 1.9 million individuals licensed under the Firearms Act, who collectively have registered more than 7.3 million firearms. While the overall firearms licence renewal rate is approximately 80%, as of January 1, 2009, more than 183 000 holders of expired licences are believed to still be in possession of their firearms, of which approximately 131 000 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.

From 2006 to 2008, following introduction of the compliance measures, the renewal rate of Possession Only Licences increased from 50% to 65%. In addition, as a result of the Possession Only Licence renewal initiative introduced in May 2008, approximately 11 000 holders of expired Possession Only Licences have come back into compliance with the Firearms Act.

The current regulatory measures are now set to expire on May 16, 2009. Should the current compliance measures (fee waiver, licence renewal, amnesty) not be renewed, commencing May 17, 2009, some individuals are likely to be deterred from becoming compliant with the Firearms Act, and this could undermine public safety.

Having these individuals (experienced firearms owners often living in rural or remote regions) pay for and complete the firearms safety training course to obtain a firearms licence has been described by firearms owners and advocates as a disincentive to compliance. Firearms owners who are currently not in compliance with the Firearms Act are unlikely to return to compliance without steps being taken to encourage their doing so.

Based upon the results of the past three years, it is believed that an extended period of time would ensure higher levels of compliance than if the measures were to expire in May 2009. This would also provide sufficient time for longer-term licensing initiatives to be developed and implemented.

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. 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 (i.e. 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

Specifically, this proposal would for one year, until May 2010,

(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 which 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.

Regulatory and non-regulatory options considered

Without these regulatory amendments, commencing May 17, 2009, all individuals seeking to renew their licences will be required to pay the associated fees; all individuals wishing to obtain a firearms licence, including those previously licensed, will be 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 would cease to be protected from criminal prosecution. This is likely to deter some individuals from becoming compliant with the Firearms Act, and undermine 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. 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. Budget 2009 provided for foregone revenue for the waiving of fees associated with the renewal of firearms licences until May 2010. Currently, the Firearms Fees Regulations prescribe that both new and renewing firearms licence applicants are required to pay a fee of $60 for a non-restricted licence, and $80 for a restricted licence.

Consultation

Previously, on March 1, 2008, the current compliance measures (amnesty, fee waiver and Possession Only Licence renewal) were pre-published in Part I of the Canada Gazette to invite public commentary for 30 days. During the pre-publication period, 131 comments were received via email, fax, telephone message, and letter mail. 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, which would bring more firearms into the Canadian Firearms Information System while allowing individuals to once again become compliant with the law. 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.

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 firearms registry 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, 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.

It is expected that the views of stakeholders will remain consistent with previous consultations.

Implementation, enforcement and service standards

Communication efforts will 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 will emphasize the Government’s commitment to improving public safety through effective gun control and tackling the criminal use of firearms, while reducing administrative requirements on lawful firearms owners. This will be accomplished by highlighting the requirement of firearm 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 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. In June 2006, and again in November 2007, the Government tabled legislative proposals in the House of Commons to remove the requirement to register non-restricted firearms (Bills C-21 and C-24 died on the Order Paper). Both Bills proposed to amend the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are non-restricted (i.e. for firearms that are neither prohibited nor restricted) as well as the related illegal possession offences in the Firearms Act and the Criminal Code.

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 would be able to do so without attracting criminal liability.

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 August 20, 2008.

Contact

Ryan Doyle
Senior Advisor
Public Safety Canada
Law Enforcement and Policing Branch
Ottawa, Ontario
K1A 0P8
Telephone: 613-990-2721
Fax: 613-954-4808
Email: ryan.doyle@ps-sp.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 117(q) of the Firearms Act (see footnote a), proposes to make the annexed Regulations Amending the Firearms Fees Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Ryan Doyle, Senior Advisor, Law Enforcement and Policing Branch, Public Safety Canada, Ottawa, Ontario K1A 0P8 (tel.: 613-990-2721; fax: 613-954-4808; e-mail: ryan.doyle@ps-sp.gc.ca).

Ottawa, March 23, 2009

MARY PICHETTE
Assistant Clerk of the Privy Council

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, 2010.

COMING INTO FORCE

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

[13-1-o]

Footnote a
S.C. 1995, c. 39

Footnote 1
SOR/98-204

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