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Vol. 138, No. 25 — December 15, 2004 Registration FIREARMS ACT Firearms Marking RegulationsP.C. 2004-1435 29 November, 2004 Whereas, pursuant to section 118 of the Firearms Act (see footnote a), the Solicitor General of Canada had the proposed Firearms Marking 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 section 117 (see footnote c) of the Firearms Act (see footnote d), hereby makes the annexed Firearms Marking Regulations. FIREARMS MARKING REGULATIONS INTERPRETATION 1. (1) The following definitions apply in these Regulations. "Act" means the Firearms Act. (Loi) "specially imported firearm" means a firearm imported on a temporary basis by a business that holds a firearms licence, as a good under tariff item No. 9993.00.00 of the List of Tariff Provisions set out in the schedule to the Customs Tariff. (arme à feu d'importation spéciale) (2) In these Regulations, "agency firearm", "protected firearm", "public agent" and "public service agency" have the same meaning as in section 1 of the Public Agents Firearms Regulations. (3) For greater certainty, in these Regulations, "transfer" means transfer as defined in subsection 84(1) of the Criminal Code. MARKING OF MANUFACTURED FIREARMS 2. Every individual or business that manufactures a firearm shall ensure that the firearm is marked, at the time of manufacture, in accordance with section 4. MARKING OF IMPORTED FIREARMS 3. (1) Every individual, business or public service agency that imports a firearm shall ensure that the firearm is marked in accordance with section 4 before the 60th day after its release as defined in subsection 2(1) of the Customs Act or before transferring the firearm, whichever occurs first. (2) Subsection (1) does not apply to (a) a firearm imported by an individual under section 35 or 35.1 of the Act; (b) a specially imported firearm; (c) a protected firearm; (d) a firearm that was initially exported from Canada by an individual or business if the individual or business retained ownership of the firearm while the firearm was outside Canada; or (e) a firearm that was initially exported from Canada by a public service agency and that was retained by that agency as an agency firearm while the firearm was outside Canada. MANNER OF MARKING 4. (1) The firearm shall be marked by permanently stamping or engraving on the firearm's frame or receiver the word "Canada" or the letters "CA" and (a) in the case of a manufactured firearm, the name of the manufacturer and the firearm's serial number; and (b) in the case of an imported firearm, the last two digits of the year of the importation. (2) The markings shall (a) be legible; (b) have a depth of at least 0.076 mm and a height of at least 1.58 mm; and (c) subject to subsection (3), be visible without the need to disassemble the firearm. (3) In the case of an imported firearm, the Registrar, on application by the individual, business or public service agency that is importing it, shall grant the applicant an exemption from the requirement set out in paragraph (2)(c) if (a) marking the firearm in a place that is visible only by disassembling the firearm is consistent with the current practices of the manufacturer of that model of firearm; (b) the firearm does not provide a visible space suitable to stamp or engrave the markings; (c) the firearm is rare; (d) the firearm is of a value that is unusually high for that type of firearm and that value would be significantly reduced if the markings were visible without disassembly; or (e) the firearm is imported by a business that holds a licence for the purpose of using the firearm in respect of motion picture, television, video or theatrical productions or in publishing activities. TAMPERING WITH MARKINGS 5. (1) No person shall knowingly remove, alter, obliterate or deface a marking on a firearm. (2) Subsection (1) does not apply to a public agent acting in the course of their duties or for the purposes of their employment. COMING INTO FORCE 6. These Regulations come into force on April 1, 2006. REGULATORY IMPACT (This statement is not part of the Regulations.) Description The Regulations establish requirements for the marking of firearms being imported to Canada by individuals and businesses and for marking of all firearms manufactured in Canada. These requirements are being established in response to obligations undertaken by Canada as a signatory to the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. The Regulations will come into effect on April 1, 2006. The markings would consist of a country code, "CA" or "Canada", and either, in the case of newly manufactured firearms, the name of manufacturer and serial number, or with respect to imported firearms, the last two digits of the year of importation. The Regulations also provide specifications with respect to the depth and size of the markings. Markings are, subject to certain exceptions, to be put on the receiver, and to be visible without the need to disassemble the firearm. Alternatives These Regulations are the best means available to require marking of firearms and to allow Canada to meet its international obligations. Benefits and Costs Canada will now be able to meet the international commitments to which it is a signatory, including the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. The marking requirements have been kept simple so that compliance can be relatively easy and at low cost. These marking requirements also lend support to firearms tracing when firearms are recovered at crime scenes, found or seized. Tracing is important in the investigation of criminal activity, most notably cross-border and international trafficking and smuggling of firearms. Country marking provides law enforcement officials with essential information to help identify the sources of crime guns. It is not expected that the marking regulations will increase program costs. Some costs will also be borne by firearms businesses that import and manufacture firearms to obtain the equipment necessary to comply with the marking requirements. Since Canadian manufacturers already stamp or engrave serial numbers and their own branding on firearms, it is anticipated that their costs would not increase substantially. 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. The Regulations as tabled in Parliament and published in the Canada Gazette, Part I have been amended to provide greater specificity with respect to the marking requirements, particularly with respect to the depth and size of the markings, as a result of requests for specificity and clarity that were made during the consultations. In addition, requests were made by businesses that they be provided with a period of time to prepare for the coming into force of the Regulations. In response, the coming into force date has been amended to April 1, 2006. 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 It is an offence, pursuant to section 103 and 104 of the Criminal Code to import a firearm other than under the authority of the Firearms Act or of any regulation made under that Act. It is an offence, pursuant to the Firearms Marking Regulations, to remove, alter, deface or obliterate a marking. Contact Legal Services S.C. 1995, c. 39 S.C. 1995, c. 39 S.C. 2003, c. 8, s. 54 S.C. 1995, c. 39 |
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