Update on the Grace Period Compliance Scenarios Related to Licensing and Registration as of January 1, 2003

FOR DISTRIBUTION TO ALL PROSECUTORS DEALING WITH  PART III OF THE CRIMINAL CODE AND/OR THE FIREARMS ACT

Special Bulletin for Prosecutors No. 31 

Snapshot

Please note that there are several references to previous Special Bulletins for Prosecutors in this bulletin. To view these documents, please go to the Canada Firearms Centre (CFC) web site at: www.cfc-cafc.gc.ca/compliance-conformite/bulletins/prosecutors/default_e.asp

Amendments to the Grace Period

In Special Bulletin for Prosecutors No. 29, we informed you of a grace period for people who applied for a registration certificate before the registration deadline of December 31, 2002. This grace period has been amended to provide further protection for those attempting to comply with the law.

To benefit from the protection of the grace period, individuals must have applied for a registration certificate on or before December 31, 2002. The recent amendments to the grace period extend protection to those individuals who notify the Canada Firearms Centre in writing of their intent to comply with the registration requirements of the Firearms Act, and who subsequently register their firearms by June 30, 2003. In order to benefit from this additional protection, individuals must indicate in writing that they intend to apply to register their firearms, and subsequently submit a registration application. The following information must be included with this written notice:

• Full name;
• Address; and
• Valid firearms licence or Firearms Acquisition Certificate (FAC) number.

The written notification may be sent to any of the following locations.

• By email no later than December 31, 2002 to cfc-cafc@cfc-cafc.gc.ca;
• By facsimile no later than December 31, 2002 to 1 800 411-0622; or
• By mail postmarked no later than December 31, 2002 to P.O. Box 1200, Miramichi, New Brunswick, E1N 5Z3.

Once an individual has submitted their written notification of intent to register, they will benefit from the protection of the grace period until the earlier of the date a registration certificate is issued or refused, or June 30, 2003.

Compliance Scenarios Relating to Licensing and Registration as of January 1, 2003

Scenario 1 - "I Don't Have My Documents With Me"

A person may be the holder of a firearms licence and the registration certificates for the firearms in their possession, but may not have these documents with them when asked to produce them. You can verify whether or not a person is the holder of a valid licence and registration certificate by querying the Canadian Firearms Registry Online (CFRO). Information on how to query CFRO, as well as the steps you may want to consider based on your results, are set out under Scenario 2 below.

Scenario 2 - "I Applied By The End Of December 2002, But Haven't Got Anything Yet"

In Special Bulletin for Police No. 52, as well as at the beginning of this bulletin, a grace period for registration certificate applicants was discussed. This grace period protects a person from prosecution or conviction if they applied for a registration certificate on or before December 31, 2002, but have not yet received it, or if the person submitted a written notice indicating their intention to register by December 31, 2002. This grace period lasts until the earliest of either the date the person is issued or refused a registration certificate, or June 30, 2003. While a grace period does exist for registration certificate applications, the person must still be the holder of a valid firearms licence.

Steps that could be taken:

1. Check CFRO through CPIC/CRPQ, or call your CFO or the CFR: If you encounter a person who claims to be the holder of valid documents or who claims to have sent in their application on or before December 31, 2002, the first step you may want to take is to check CFRO 24 hours a day through the Canadian Police Information Centre (CPIC)/Centre de renseignements policiers du Québec (CRPQ) systems. For information on how to query CFRO, please refer to Special Bulletins for Police Nos. 28 to 31, as well as the CFRO laminated information sheet. You may also contact the Police Information and Referral Line, your Chief Firearms Officer (CFO), or the Canadian Firearms Registry (CFR) for assistance. Contact information is at the end of this bulletin.

Remember, if it is early in January and a person mailed in their application late in December 2002, their application may not have been entered in the Canadian Firearms Information System (CFIS) database yet!

2. Discretion: If you are satisfied that the person is the holder of a valid licence and registration certificate for the firearm, or if you are satisfied that they have applied for the necessary documentation or submitted written notice of their intention to register before the deadline, then the grace period announced in Special Bulletin for Police No. 52, and discussed above, applies and the person can then carry on with their firearms unless a public safety concern exists. If you are not satisfied, you can use the seizure powers under section 117.03 of the Criminal Code. Please note that section 117.03 C.C. does not authorize a search of any kind.

3. Return or Dispose of Firearms: Once a person presents the documentation needed to lawfully possess the firearms, their firearms must be returned to them (see s. 117.03(2) C.C.). If the person does not show up with their documents, then you must take the firearms before a provincial court judge for disposal (s. 117.03(3) C.C.).

4. Lay Charges: You have the discretion to lay whatever charges you feel are appropriate in the circumstances. The offences relating to possession of firearms without the required documentation are s. 112 of the Firearms Act and ss. 91, 92, 93, 94, 95, and 96 of the Criminal Code. Additional information on offences relating to unauthorized possession of firearms will be available in the upcoming Special Bulletin for Police No. 55.

Scenario 3 - "I Didn't Know I Had To Apply"

Despite the efforts of the CFC to advise the public of the legal requirement to apply for a licence by the end of the year 2000, AND for a registration certificate by the end of the year 2002, there may be some people who may have never become aware of this requirement. It will be up to you to decide if a person's saying they were unaware of the licensing and registration deadlines is credible or not.

Steps that could be taken:

1. If you do believe that the person is simply unaware of their legal duty, you can direct them to the CFC web site at www.cfc-cafc.gc.ca, or our toll-free information line at 1 800 731-4000. Messages can be left ordering forms if the caller follows the prompts. In the meantime, you can use the seizure powers under s. 117.03 C.C. Of course, if at any time you feel that charges should be laid, you have the discretion to lay whatever charges you feel are appropriate in the circumstances (s. 112 F.A. and ss. 91, 92, 93, 94, 95, and 96 C.C.).

2. If you do not find the person credible, you may proceed in the same way as discussed under Scenario 4 below.

Scenario 4 - "I Have Not Applied, And I Knew I Had To"

You can seize the firearm for failure to produce documentation (s. 117.03 C.C.), because of a public safety concern (s. 117.04 C.C.), or with any other of the seizure powers under the Criminal Code. If the person has other firearms, you may also want to consider applying for a search warrant (s. 487 C.C.) or a warrant to search and seize for public safety reasons (s. 117.04 C.C.).

Steps that could be taken:

1. Despite any willful non-compliance, if the person shows up with a licence and a registration certificate, you must return their firearm (s. 117.03(2) C.C.). Of course, if at any time you feel that charges should be laid, you have the discretion to lay whatever charges you feel are appropriate in the circumstances. You also have the discretion to proceed to lay charges immediately.

Summary

It is best to look at the applicable sections referred to. You are the person with the facts required to decide how to proceed, and you may wish to speak to a prosecutor. You may be subject to enforcement policy directives of your agency or the Attorney General of your province.

Contact Information

The Police Information and Referral Line can be reached by calling toll free 1 800 731-4000, ext. 2064 (E) or 2063 (F), or by sending an email to police-info@cfc-cafc.gc.ca. The hours of operation are 8:30 to 16:30 EST, Monday to Friday.

CFO coordinates are available at www.cfc-cafc.gc.ca/compliance-conformite/stakeholders/cfo/default.asp or by calling the Police Information and Referral Line.

The CFR can be reached by calling 1 800 731-4000 and asking to be transferred. Coordinates are also available by calling the Police Information and Referral Line.