Vol. 138, No. 25 — December 15, 2004

Registration
SOR/2004-277 29 November, 2004

FIREARMS ACT

P.C. 2004-1437 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 Storage, Display, Transportation and Handling of Firearms by Individuals 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 of the Firearms Act (see footnote c), hereby makes the annexed Regulations Amending the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

REGULATIONS AMENDING THE STORAGE, DISPLAY, TRANSPORTATION AND HANDLING OF FIREARMS BY INDIVIDUALS REGULATIONS

AMENDMENTS

1. Section 1 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (see footnote 1) is amended by adding the following in alphabetical order:

"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. (1) The portion of subsection 2(2) of the Regulations before paragraph (a) is replaced by the following:

(2) These Regulations do not apply to the transportation or handling of a restricted firearm or a prohibited handgun by an individual in accordance with an authorization issued under section 20 of the Act, including any conditions attached to the authorization, who is carrying it

(2) Subsections 2(3) and (4) of the Regulations are replaced by the following:

(4) Sections 10 and 14 do not apply to firearms that are used or handled by an individual in the course of hunting from a vehicle in a location in circumstances in which it is lawful for that individual to hunt from that vehicle in that location.

3. Section 3 of the Regulations is replaced by the following:

3. These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

4. Paragraph 16(a) of the Regulations is replaced by the following:

(a) the firearm is a non-restricted firearm, restricted firearm or prohibited handgun;

COMING INTO FORCE

5. 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 Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, SOR/98-209, to add a definition of prohibited handgun. In addition, amendments will allow restricted firearms and prohibited handguns to be shipped by mail to another location in Canada. A further amendment repeals a subsection dealing with applicability of the Regulations. The Regulations contained a list, which was not exhaustive, of lawful activities during which firearms might be used and provided that the storage and transportation regulations did not apply while engaged in those activities. Given that firearms are not stored or transported during any of the activities listed, the particular subsections are unnecessary and may lead to confusion by suggesting that only these activities are lawful.

Alternatives

These Regulations are the only means available to amend the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. While it would not be strictly necessary to add a definition of prohibited handgun, the interpretation section being provided will make the Regulation easier to understand. Similarly, the section being repealed that suggested that the Regulations did not apply while in use lead to confusion and its repeal should assist with interpretation of the Regulations.

Benefits and Costs

These are clarifying amendments and there are no costs associated to the amending Regulations. With respect to mailing of firearms, this will allow individuals to ship firearms without always having to use a carrier. Given the limited number of licensed carriers, particularly in smaller or rural communities, this will be more efficient and cheaper for individuals.

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 police agencies and police associations; representatives from public health and safety groups and individuals representing firearm associations, wildlife associations and firearms' businesses.

No concerns were raised with the proposed Regulations during consultations. The provisions allowing mailing of a greater number of firearms were met with favour.

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 86 of the Criminal Code to store, carry, transport or display a firearm in a careless manner, without reasonable precautions for the safety of others or to contravene these Regulations.

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. 1995, c. 39

Footnote 1

SOR/98-209

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.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices