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Vol. 138, No. 25 — December 15, 2004 Registration FIREARMS ACT Regulations Amending the Gun Shows RegulationsP.C. 2004-1433 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 Gun Shows 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 Gun Shows Regulations. REGULATIONS AMENDING THE AMENDMENTS 1. Section 1 of the Gun Shows Regulations (see footnote 1) is amended by adding the following in alphabetical order: "exhibitor" means a person who displays, offers for sale or sells firearms at a gun show. (exposant) "person" includes an organization. (personne) 2. Section 2 of the Regulations and the heading before it are replaced by the following: 2. In these Regulations, a gun show is considered to be one gun show if it meets the following conditions: (a) it occurs over several days, whether or not they are consecutive; (b) it is covered by a single sponsorship; and (c) it is held at a single location. 3. Section 3 of the Regulations is replaced by the following: 3. No person may sponsor a gun show unless the chief firearms officer of the province in which the gun show is proposed to be held approves, in writing, the person to be the sponsor of the gun show. 4. (1) The portion of subsection 4(1) of the Regulations before paragraph (b) is replaced by the following: 4. (1) At least 30 days before a proposed gun show, the person who wishes to sponsor a gun show shall make an application for approval of sponsorship of the gun show to the chief firearms officer of the province in which the gun show is proposed to be held and shall include the following information in the application: (a) the applicant's name, address, telephone number and, if applicable, facsimile number and electronic mail address and, in the case of an applicant that is not an individual, the name and telephone number of its representative; (a.1) in the case of an applicant who is an individual and holds a firearms licence, the number of the licence; (a.2) in the case of an applicant that is not an individual and whose representative holds a firearms licence, the number of the representative's licence; (a.3) in the case of an applicant who is an individual and does not hold a firearms licence, the applicant's date of birth; (a.4) in the case of an applicant that is not an individual and whose representative does not hold a firearms licence, the representative's date of birth; (2) Paragraph 4(1)(e) of the Regulations is replaced by the following: (e) the class of firearm that will be displayed. (3) Subsection 4(2) of the Regulations is repealed. 5. Section 5 of the Regulations is replaced by the following: 5. A chief firearms officer who receives an application for approval of sponsorship of a gun show shall grant the approval if the officer determines that (a) the applicant has met the requirements of section 4; (b) the applicant can ensure the security of the location and of the firearms that are to be displayed at the gun show; (c) in the case of an applicant who is an individual, the applicant is eligible under sections 5 and 6 of the Act to hold a licence; (d) in the case of an applicant that is a business or organization, the representative of the applicant is eligible under sections 5 and 6 of the Act to hold a licence; and (e) the applicant can ensure that the gun show will not endanger the safety of any person. 6. Section 6 of the Regulations is replaced by the following: 6. At least seven working days before the proposed gun show, the sponsor shall send a notice to the police department responsible for the location in which the gun show is to be held, that indicates the sponsor's intention to hold the gun show, the location and the date and hours of operation of the gun show. 7. (1) The portion of subsection 7(1) of the French version of the Regulations before paragraph (c) is replaced by the following: 7. (1) Lorsque, dans le cadre d'une exposition d'armes à feu, des armes à feu se trouvent à l'emplacement, le parrain prend les mesures suivantes : a) il assure la sécurité de l'emplacement et des armes à feu qui y sont exposées; b) il veille à ce que les armes à feu qui font partie de l'exposition soient entreposées et exposées conformément à la Loi et aux articles 10 et 11; (2) Paragraph 7(1)(c) of the Regulations is replaced by the following: (c) post, in a conspicuous place at the location, the approval of sponsorship referred to in section 5. 8. (1) Paragraph 8(1)(b) of the Regulations is replaced by the following: (b) the exhibitor either holds a licence authorizing the possession of the firearms that the exhibitor displays or has been provided with a confirmation number of his or her declaration by a customs officer under section 3 of the Importation and Exportation of Firearms Regulations (Individuals) for the firearms that the exhibitor displays. (2) Subsection 8(2) of the Regulations is repealed. 9. (1) The portion of section 9 of the French version of the Regulations before paragraph (b) is replaced by the following: 9. Il incombe à l'exposant qui participe à une exposition d'armes à feu : a) d'assurer la sécurité de son stand ou de sa table et des armes à feu qu'il y entrepose, expose ou offre en vente conformément aux articles 10 et 11 si, dans le cadre de l'exposition, il a des armes à feu à l'emplacement; (2) Section 9 of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following: (b) during the hours of operation of the gun show, ensure that his or her table or booth is under constant supervision by a person who is at least 18 years old and either holds a licence authorizing the possession of firearms or has been provided with a confirmation number of his or her declaration by a customs officer under section 3 of the Importation and Exportation of Firearms Regulations (Individuals). 10. (1) Paragraph 11(1)(b) of the Regulations is replaced by the following: (b) the firearm is, subject to subsection (2), securely attached to a structure or table on which it is displayed by a chain, metal cable or similar device in such a manner that the firearm cannot readily be removed; (2) Subsection 11(2) of the Regulations is replaced by the following: (2) Paragraph (1)(b) does not apply if the firearm is detached from the structure or table on which it is displayed so that the firearm may be handled under the direct and immediate supervision of the exhibitor or a person referred to in paragraph 9(b). 11. Section 12 of the Regulations and the heading before it are repealed. 12. Sections 14 and 15 of the Regulations are replaced by the following: 14. For the purpose of paragraph 117(o) of the Act, it is an offence to contravene section 3, 8, 9, 10 or 11. COMING INTO FORCE 15. These Regulations come into force on September 1, 2005. COMING INTO FORCE 13. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT (This statement is not part of the Regulations.) Description The Regulations amend the Gun Shows Regulations, SOR/98-211. The amendments clarify that the Regulations apply to all shows where firearms are displayed, offered for sale or sold, by revoking the exemption provisions that had been provided in the Regulations. The Regulations streamline the process for obtaining sponsorship approval and reduce the amount of information to be reported by the sponsor to the Chief Firearms Officer of the province. There will no longer be a need for sponsors to provide an exhibitor list or a floor plan of the show. In addition, sponsors will no longer be required to hold a business licence to sponsor a gun show. Approval of the sponsor by the Chief Firearms Officer will be sufficient. Such approval will need to be requested thirty days before a show. In addition, the date for the coming into force of the regulations is being amended to September 1, 2005, from January 1, 2005. Alternatives These Regulations are the only means available to amend the Gun Shows Regulations. Requirements for sponsors cannot be streamlined, other than by amending the Regulations. Benefits and Costs Since the Regulations will now apply to all gun shows, the Regulations will be easier to administer and clearer to all concerned. Chief Firearms Officers will not be required to determine whether the Regulations apply to particular shows. Since these are essentially streamlining amendments, it is anticipated that the costs of administering the Regulations would be reduced. The amendments will be beneficial for those wishing to hold gun shows as they will be required to submit fewer documents in order to do so. While sponsors will require a sponsorship approval, no business licence will be required. This will allow community-based organizations to sponsor gun shows. In addition, they will not be required to provide a list of exhibitors or a floor plan. The application requirements have been reduced to ensure compliance and guard against application errors, thereby reducing processing and administrative costs. As well, the mandatory requirement to apply at least sixty days prior to the gun show has been reduced to thirty days, thus providing greater flexibility for both large and small sponsors. Since police will be advised of gun shows by the sponsors, those sponsors having been approved by the Chief Firearms Officers, the streamlining contained in these amendments will not have a negative impact on public safety. The amendment to the coming into force date will allow both sponsors and Chief Firearms Officers to become familiar with the amendments being made. 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; 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 raised during consultations by representatives of firearm owners groups and associations, by representatives of provincial wildlife organizations, and by Chief Firearms Officers. Certain participants submitted that the regulations were not necessary and should be repealed entirely. Chief Firearms Officers and police representatives suggested that the regulations were indeed important since they serve notice to police that a large number of firearms may be at one particular location during a specified time. Approving sponsors also provides a measure of public safety. Almost all parties consulted expressed concerns with the provision exempting certain gun shows from the application of the regulations as the exemption provision made somewhat unclear which shows were subject to the Regulations. 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 14 of the Regulations to sponsor a gun show without prior approval of the Chief Firearms Officer of the province, to participate in a gun show without a firearms licence or to participate in a gun show that is not sponsored by an approved person. Section 109 of the Firearms Act creates a hybrid offence for contravening the Regulations. Contact Legal Services S.C. 1995, c. 39 S.C. 1995, c. 39 S.C. 1995, c. 39 SOR/98-211 |
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