Vol. 138, No. 25 — December 15, 2004

Registration
SOR/2004-267 29 November, 2004

FIREARMS ACT

P.C. 2004-1427 29 November, 2004

Whereas, pursuant to section 118 of the Firearms Act (see footnote a), the Solicitor General of Canada had the proposed Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations laid before each House of Parliament on June 13, 2003, which date is at least 30 sitting days before the date of this Order;

And whereas subsection 119(1) of the Firearms Act (see footnote b) provides that no proposed regulation that has been laid pursuant to section 118 of that Act need again be laid, whether or not it has been altered;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to subsection 67(1) (see footnote c) and section 117 of the Firearms Act (see footnote d), hereby makes the annexed Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations.

REGULATIONS AMENDING THE AUTHORIZATIONS
TO CARRY RESTRICTED FIREARMS AND CERTAIN
HANDGUNS REGULATIONS

AMENDMENTS

1. The definition "prohibited handgun" in section 1 of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (see footnote 1) is replaced by the following:

"prohibited handgun" means a handgun under paragraph (a) of the definition "prohibited firearm" in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

2. Section 4 of the Regulations is replaced by the following:

4. A chief firearms officer shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun that is needed in the circumstances described in section 2 or paragraph 3(a) unless the chief firearms officer determines that

(a) the individual has successfully completed training in firearms proficiency and the use of force that is appropriate for using the firearm in those circumstances; and

(b) the firearm is appropriate in those circumstances.

Renewal

4.1 For the purposes of subsection 67(1) of the Act, the manner in which an authorization to carry is renewed in the same as the manner in which it can be issued.

3. Paragraph 9(2)(b) of the Regulations is replaced by the following:

(b) sent by registered mail or by courier; or

COMING INTO FORCE

4. These Regulations come into force on the day on which section 42 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, comes into force.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Regulations amend the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, SOR/98-207, to remove a reference to certified mail since this mode of transmission is no longer available. Notices of refusal and of revocation of the authorizations will continue to be able to be sent by registered mail or by courier. The amendments also define the term "prohibited handgun" for the purposes of interpretation of the Regulations. In addition, clarifying amendments are being made to assist Chief Firearms Officers in interpreting the standard of training in firearms proficiency and use of force that is required for the issuance of an authorization to a person engaged in the transportation or protection of cash, negotiable instruments or other such goods. The amendments also specify the manner in which renewals of authorizations can take place.

Alternatives

These Regulations are the only means available to amend the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations. Certified mail is no longer an available option for transmitting mail since Canada Post no longer offers that service.

While it would not be strictly necessary to add a definition of prohibited handgun, the interpretation section being provided will make the Regulations easier to read without changing their effect. Similarly, the amendments related to training serve to clarify the intent of the Regulations.

Benefits and Costs

These amendments are technical in nature and there are no costs associated with the amending Regulations. The amendments will be beneficial since they clarify the manner in which notices may be sent, assist the reader in interpreting the Regulations as they relate to prohibited handguns, and the required training in use of force and firearm proficiency.

Consultation

The proposed Regulations were pre-published in the Canada Gazette, Part I, on June 21, 2003. Consultations on proposals for the Regulations were undertaken with provincial authorities, in particular Chief Firearms Officers; federal departments involved in the implementation of the new law, in particular the Royal Canadian Mounted Police and the Canada Border Services Agency; representatives of other police agencies and police associations; representatives from public health and safety groups and individuals representing firearm associations, wildlife associations and firearms' businesses.

Concerns with the proposed Regulations were not raised in consultations. However, it was suggested during consultations with Chief Firearms Officers that the wording related to the firearms proficiency and use of force training should be clarified since it could not be intended that the most minimal training would be sufficient to warrant the issuance of an authorization to carry. The Regulations are meant to be read in the context of preserving public safety. As a result, the Regulations as tabled to Parliament and published in the Canada Gazette, Part I, have been amended to provide some guidance with respect to the standard of training required, such that the training would have to be suitable to the duties of the individual requiring the authorization.

To ensure that all stakeholders and interested parties are advised of the amendments to the Regulations, immediately upon a decision, affected client groups will be advised through bulletins from the Canada Firearms Centre. Updated Web site materials, information for distribution through the 1-800 public inquiry line and other targeted campaigns will also be prepared. A news release and backgrounder will be sent to major media outlets. Other media relations will be handled on a response basis.

Compliance and Enforcement

All individuals carrying a restricted firearm or prohibited handgun must first obtain an authorization to carry from their Chief Firearms Officer (Firearms Act, section 20). It is an offence, pursuant to section 93 of the Criminal Code to possess a restricted or prohibited firearm at a place other than the place authorized under an authorization or licence. It is also an offence to carry a concealed weapon, pursuant to section 90 of the Code. Further, it is an offence pursuant to sections 91 and 92 to possess a firearm without a licence, registration certificate and, in the case of a restricted or prohibited firearm, an authorization.

Contact

Legal Services
Canada Firearms Centre
Ottawa, Ontario
K1A 1M6
Telephone: 1-800-731-4000
FAX: (613) 941-1991

Footnote a

S.C. 1995, c. 39

Footnote b

S.C. 1995, c. 39

Footnote c

S.C. 2003, c. 8, s. 42

Footnote d

S.C. 1995, c. 39

Footnote 1

SOR/98-207

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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