Canada Gazette

Whereas, pursuant to section 118 of the Firearms Act (see footnote a), the Solicitor General of Canada had the proposed Regulations Amending the Conditions of Transferring Firearms and other Weapons 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 paragraphs 23(1)(f) (see footnote c) and 24(2)(d) and sections 26 (see footnote d) and 117 (see footnote e) of the Firearms Act (see footnote f), hereby makes the annexed Regulations Amending the Conditions of Transferring Firearms and other Weapons Regulations.

REGULATIONS AMENDING THE CONDITIONS
OF TRANSFERRING FIREARMS AND
OTHER WEAPONS REGULATIONS

1. (1) The definitions "approved verifier", "Firearms Identification System" and "verify" in section 1 of the Conditions of Transferring Firearms and other Weapons Regulations (see footnote 1) are repealed.

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

"public agency identification number" has the same meaning as in section 1 of the Public Agents Firearms Regulations. (numéro d'identification)

3. (1) Subsections 3(1) and (2) of the Regulations are replaced by the following:

3. (1) For the purposes of paragraph 23(1)(f) of the Act, a transferor shall comply with the condition that the transferor provide the Registrar and, in the case of a prohibited or restricted firearm, the chief firearms officer with the names of the transferor and the transferee, as well as their licence numbers or their firearms acquisition certificate numbers, if their firearms acquisition certificates are deemed to be licences under section 120 of the Act.

(2) The portion of subsection 3(3) of the Regulations before subparagraph (a)(i) is replaced by the following:

(3) For the purposes of paragraph 23(1)(f) of the Act, the transferee shall comply with the following conditions to transfer a firearm:

(a) if the transferee is an individual and the firearm is a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act, the transferee shall inform the chief firearms officer of the transferee's reasons

(3) The portion of paragraph 3(3)(b) of the Regulations before subparagraph (i) is replaced by the following:

(b) if the transferee wishes to acquire a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act to form part of a gun collection of the transferee, the transferee shall provide the chief firearms officer with

(4) Subsection 3(3) of the Regulations is amended by adding the word "and" at the end of paragraph (a), by striking out the word "and" at the end of paragraph (b) and by repealing paragraph (c).

4. The chief firearms officer may only authorize the transfer of a restricted firearm or prohibited firearm if the officer determines that it is not contrary to the interests of the safety of the transferee or any other person to transfer the firearm.

5. The heading before section 5 and sections 5 to 9 of the Regulations are repealed.

6. The heading "TRANSFERS TO HER MAJESTY OR A POLICE FORCE" before section 10 of the Regulations is replaced by the following:

10. For the purposes of subsection 26(1) of the Act, a transferor shall comply with the following conditions to transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality:

(i) the name and licence number of the transferor,

(ii) the date of the transfer,

(iii) the number of the registration certificate for the firearm and its firearms identification number, and

(iv) the name and public agency identification number of the transferee; and

(b) the transferor shall obtain a receipt from the transferee that identifies the date of the transfer and describes the firearm transferred.

11. For the purposes of subsection 26(2) of the Act, to transfer a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality, a transferor shall obtain a receipt from the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force or a municipality identifying the date of the transfer and describing the goods transferred.

10. These Regulations come into force on the day on which section 17 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, comes into force.

The Regulations amend the Conditions of Transferring Firearms and other Weapons Regulations, SOR/98-202, in response to amendments to the Firearms Act. Amendments are required to repeal the provisions dealing with approval of non-restricted firearms transfers and of business to business transfers by Chief Firearms Officers. A number of provisions that dealt with registration applications and verification requirements following a transfer have been repealed. Those provisions will now be found in the Registration Certificates Regulations, SOR/98-201. In addition, amendments are being made to reflect changes to section 26 of the Firearms Act such that municipalities will now be able to acquire firearms.

These Regulations are the only means available to amend the Conditions of Transferring Firearms and other Weapons Regulations. These changes are required in order to bring into effect amendments made to the Firearms Act.

It is anticipated that the streamlined transfer process, which removes the requirement for Chief Firearms Officers (CFOs) to approve all non-restricted firearms transfers and business to business transfers, will result in program cost savings. CFOs will no longer be required to review these transactions. This results in fewer required resources, and reduces the costs of these particular transactions.

The modifications should not impact public safety, given that the Registrar will ensure that the new owner is properly licensed to acquire the firearm prior to issuing a certificate. Through continuous screening of licensed firearm owners, it is not necessary, from a public safety standpoint, to flag each transaction for review by a Chief Firearms Officer since they would be advised of any public safety concern with respect to a licensee as it arises and not only when firearms are being purchased.

Amendments aimed at municipalities acquiring firearms will have no impact on costs or public safety.

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; 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 were expressed during consultations by firearm owners and businesses with respect to service levels on transfers. While it was conceded that they have improved since implementation of the Firearms Act, it is anticipated that they will continue to do so given the amendments referred to in the Description part of this statement.

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.

It is an offence, pursuant to section 101 of the Firearms Act to transfer a firearm other than under the authority of the Act.

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