Update on the Canadian Firearms Program

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

Special Bulletin for Prosecutors No. 30 

Snapshot

The deadline to apply to register non-restricted firearms, and re-register restricted and prohibited firearms, is December 31, 2002. Individuals who submit their applications by this date will be protected by a grace period (see Special Bulletin for Prosecutors No. 29).

Transfer Fee Waiver Ends December 31, 2002

The $25 fee to transfer and register a firearm to a new owner was waived until December 31, 2002. This was done in consultation with businesses and the Minister's User Group on Firearms, to allow more time to adjust to the new system. The waiver of the transfer fee ends as planned on December 31, 2002, coinciding with the registration deadline. As of that date, the cost of transferring a firearm will return to $25 per firearm.

Deferral of Coming into Force of Some Regulations

In previous Special Bulletins for Prosecutors we have advised you of changes in the coming into force dates of various regulations. Recently, deferrals of these coming into force dates have been approved.

The coming into force of sections 8 to 10 and 12 to 16 of the Public Agents Firearms Regulations has been deferred to January 1, 2004. Deferring the coming into force of these provisions will allow more time to communicate the impending reporting requirements and to build more responsive processes for public agencies to report their firearm inventories. Any work already done to catalogue firearms in storage vaults will lessen the administrative burden of the reporting of a large initial inventory when the regulations come into effect.

The coming into force of the Gun Shows Regulations has also been deferred to January 1, 2004. Consultations have resulted in recommendations for changes that the Government is prepared to consider. The deferral will allow additional time to consider the recommended changes and to go through the required Parliamentary process for making amendments to ensure simpler and more efficient administrative procedures.

In addition to the above changes, the coming into force of the Authorization to Export or Import Firearms Regulations (Businesses) and section 4, 5, and 7 to 14 of the Importation and Exportation of Firearms Regulations (Individuals) has been deferred to January 1, 2004. Statutory amendments addressing importing and exporting firearms are contained in Bill C10A, which is being considered by Parliament. New regulations will be required to support the amendments and the deferral is necessary to allow time to make these changes. In the interim, the current provisions and procedures dealing with import and export will continue to apply.

Bill C10A

As indicated above, Bill C10A is presently before Parliament. This bill contains amendments to both the Firearms Act and the Criminal Code. More information on the status of the bill and any amendments will be communicated in future Special Bulletins.

Elements of the Firearms Act and Criminal Code not yet in force

In addition to the deferral of the above regulations, some provisions of the Firearms Act and Part III of the Criminal Code have not yet been brought into force. These sections are:

• Paragraphs 24(2)(c) and (d) of the Firearms Act - approval requirements for transfers of prohibited goods between businesses
• Paragraph 32(b) of the Firearms Act - designated person for delivery of mail order transfers
• Sections 37 to 53 of the Firearms Act - the majority of the import and export provisions for individuals and businesses
• Section 97 of the Criminal Code - offence for transfer of a cross-bow to an unlicensed person

Phasing-In Plan Of The Canadian Firearms Program

1. Elements With A Deadline Of January 1, 2003

• End of the grace period for persons who applied for a registration certificate on or before December 31, 2002. For additional information on the grace period, please refer to the following Special Bulletins (which are available on the CFC web site at www.cfc-cafc.gc.ca):
• Special Bulletin for Businesses No. 34
• Special Bulletin for Police No. 52
• Special Bulletin for Public Agents No. 34
• Special Bulletin for Prosecutors No. 29
• Special Bulletin for Justices of the Peace No. 19

3. Elements With A Deadline Of December 31, 2003

• End of the Amnesty Order for prohibited handguns.

• Paragraphs 24(2)(c) and (d) - approval requirements for transfers of prohibited goods between businesses
• Paragraph 32(b) - designated person for delivery of mail order transfers
• Sections 37 to 53 - the majority of the import and export provisions for individuals and businesses

• Section 97 - offence for transfer of a cross-bow to an unlicensed person

• Sections 4, 5, and 7 to 14 of the Importation and Exportation of Firearms Regulations (Individuals)
• The Authorization to Export or Import Firearms Regulations (Businesses)
• The Gun Shows Regulations
• Sections 8 to 10 and 12 to 16 of the Public Agents Firearms Regulations

Note: In addition to the above deadlines and elements not yet in force, there are proposed amendments to the Firearms Act and Criminal Code included in Bill C10A, which is presently before the House of Commons.