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 Firearms Licences 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 9 (see footnote c), subsection 67(1) (see footnote d) and section 117 of the Firearms Act (see footnote e), hereby makes the annexed Regulations Amending the Firearms Licences Regulations.

1. The heading before section 1 of the French version of the Firearms Licences Regulations (see footnote 1) is replaced by the following:

"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)

(3) The chief firearms officer of a province may issue a licence referred to in section 3 or 9 to an individual who is a non-resident if the individual engages in or proposes to engage in lawful activities in Canada that involve the use of firearms.

(b) a statement signed by a person who has known the applicant for at least one year and is at least 18 years old confirming that the photograph accurately identifies the applicant and that the person has known the applicant for at least one year;

(2) The portion of paragraph 3(1)(c) of the Regulations before subparagraph (i) is replaced by the following:

(c) a statement signed by two persons, other than a person referred to in paragraph (d), who have known the applicant for at least three years and are at least 18 years old, with their names printed legibly on it, confirming that they have known the applicant for at least three years and that, to their knowledge,

(d) subject to subsection (2), the name, date of birth, current address and telephone number of every spouse, common-law partner and other person with whom the applicant is in a conjugal relationship at the time of making the application or with whom the applicant has been in a conjugal relationship within the two years before the application is made.

(2) If an applicant does not know the current address or telephone number of a person referred to in paragraph (1)(d), the application must be accompanied by a statement to that effect.

5. (1) Subsections 4(1) and (2) of the Regulations are replaced by the following:

4. (1) Subject to subsections (2) and (3), a chief firearms officer shall, at least 15 days before issuing a licence referred to in subsection 3(1) to an applicant, give notice of the application in accordance with section 25 to each person referred to in paragraph 3(1)(d) who has been identified by the applicant.

(2) A chief firearms officer may issue the licence without giving notice under subsection (1) to a person referred to in paragraph 3(1)(d) who has signed the application.

(2) The portion of subsection 4(3) of the Regulations before paragraph (a) is replaced by the following:

(3) A chief firearms officer may issue the licence without giving notice under subsection (1) to a person with whom the applicant is not cohabiting if

(3) Subparagraph 4(3)(b)(i) of the Regulations is replaced by the following:

(i) requires the applicant to submit additional information under subsection 55(1) of the Act, or

(b) a licence to possess firearms, including a possession licence whose holder is less than 18 years old.

Renewal of Possession and Acquisition Licences for Firearms and Possession Licences for Firearms (Paragraph 7(4)(c) of the Act)

8.1 An individual referred to in paragraph 7(4)(c) of the Act who holds a licence to possess firearms and is not a non-resident is eligible to have the licence renewed.

8.2 Sections 8.3 to 8.5 apply in respect of the renewal of a licence to possess and acquire firearms issued to an individual and a licence to possess firearms issued to an individual referred to in paragraph 7(4)(c) of the Act.

8.3 (1) Subject to subsection 14(2), an application for a renewal of a licence must include

(a) a photograph of the applicant that is sufficient to identify the applicant accurately and that meets the requirements of subsection 14(1);

(b) the name, date of birth, address and telephone number of every spouse, common-law partner or other person with whom the applicant is in a conjugal relationship at the time of making the application; and

(c) subject to subsection (2), the name, current address and telephone number of every spouse, common-law partner and other person with whom the applicant has been in a conjugal relationship within the two years before the application is made and who is not referred to in paragraph (b).

(2) If an applicant does not know the current address or telephone number of a person referred to in paragraph (1)(c), the application must be accompanied by a statement to that effect.

8.4 A chief firearms officer shall, when renewing a licence, give notice of the renewal in accordance with section 25 to each person referred to in paragraph 8.3(1)(b) and (c) who has been identified by the applicant but who has not signed the application.

(b) subject to subsection (2), a statement signed by a parent or person who has custody of the applicant, confirming that the photograph accurately identifies the applicant.

(2) An application that is made by or on behalf of an individual who is at least 18 years old and who is a non-resident for a 60-day licence referred to in subsection 5(3) of the Act must be accompanied by a statement signed by a person referred to in subsection (3), with the person's name printed legibly on it, confirming that, to the person's knowledge, the applicant will be using the firearms for a purpose referred to in subsection (4).

12. The heading before section 11 and sections 11 to 13 of the Regulations are repealed.

13. (1) The portion of subsection 14(1) of the Regulations before paragraph (a) is replaced by the following:

14. (1) For the purposes of these Regulations, a photograph of an applicant must be in colour or in black and white and must

(2) Subsection 14(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (b), by adding the word "and" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) be signed on the back by the person who, in accordance with paragraph 3(1)(b), 8(b) or 9(1)(b) as the case may be, signs a statement in the application confirming that the photograph accurately identifies the applicant, together with both that person's and the applicant's name printed legibly on the back.

18.1 For the purposes of subsection 67(1) of the Act, the manner in which a licence referred to in this Part is renewed is the same as the manner in which it can be issued.

(2) The Registrar may issue licences referred to in this Part only to carriers that carry on business in Canada.

16. Paragraphs 21(b) and (c) of the Regulations are replaced by the following:

(b) if the business is a corporation, the person is a director or officer of the corporation; and

(i) has a direct influence on the operations of the business, or

(ii) could have access to the firearms held by the business.

(j) in respect of prohibited handguns, handgun barrels within the meaning of paragraph (b) of the definition "prohibited device" in subsection 84(1) of the Criminal Code or magazine cartridges under section 3 of Part 4 of the Schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, the use by businesses whose principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value and whose employees require prohibited handguns to protect their lives in the course of that activity;

(2) Section 22 of the Regulations is amended by striking out the word "and" at the end of paragraph (s) and by replacing paragraph (t) with the following:

(t) the possession of a prohibited handgun — that, beginning on December 1, 1998, was continuously in the inventory of the business, and in respect of which a copy of a record was sent before that date to the Commissioner of the Royal Canadian Mounted Police and received by that officer — for the purpose of transfer to a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section or to an individual described in subsection 12(6) of the Act;

(u) the possession of a handgun barrel within the meaning of paragraph (b) of the definition "prohibited device" in subsection 84(1) of the Criminal Code — that, beginning on December 1, 1998, was continuously in the inventory of the business — for the purpose of transfer to a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section;

(v) the performance of services as a customs broker by a business that holds a licence under subsection 9(1) of the Customs Act;

(w) the operation of a sufferance warehouse for the examination of imported goods that have not been released by a business that holds a licence under paragraph 24(1)(a) of the Customs Act;

(x) training in the safe handling and use and identification of prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition given to a public agent as defined in section 1 of the Public Agents Firearms Regulations or to an employee of a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section;

(y) the importation and possession of a prohibited firearm, or any part or component of a prohibited firearm, for the purpose of performing a contract with a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section; and

(z) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part of any of those things, for the purpose of performing a contract with a business that is the holder of a licence issued for any of the prescribed purposes set out in any of other paragraphs of this section.

18. Section 24 of the Regulations and the heading before it are replaced by the following:

24. For the purposes of subsection 67(1) of the Act, the manner in which a licence referred to in this Part is renewed is the same as the manner in which it can be issued.

25. (1) This section applies to a notice of an application for a licence referred to in subsection 3(1) given to a person referred to in paragraph 3(1)(d) and to a notice of a renewal of a licence referred to in section 8.2 given to a person referred to in paragraph 8.3(1)(b) or (c).

(1.1) A notice is sufficiently given if the person is contacted by telephone or if the notice is given in writing and addressed to that person at their address that is provided by the applicant under paragraph 3(1)(d) or 8.3(1)(b) or (c) or, if the applicant has advised the chief firearms officer of a change of that address, at the new address, and the written notice is

21. These Regulations come into force on the day on which section 42 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 Firearms Licences Regulations, SOR/98-199, in order to add renewal provisions for firearms licences. The requirements on renewal will be identical for renewal of a possession only licence or a possession and acquisition licence, and can be summarized as follows: applicants will provide a current photo, and include information about their current and former spouse, common-law or other conjugal partner. Spouses and partners who do not indicate that they are aware of the application by signing it will be notified by the Chief Firearms Officer of the renewal application.

In addition, individuals who presently hold a possession only licence or a minors' licence will no longer have a twenty-eight day waiting period before a possession and acquisition licence can be issued to them.

The Regulations are also being amended to permit non-resident minors who visit Canada to obtain a minor's licence. This is consistent with the way in which non-resident adults are treated under the Regulations.

With respect to businesses, coordinating amendments to those made to the Firearms Act are being proposed to provisions dealing with issuance of carrier licences, which will now be the sole responsibility of the Registrar. Also, prescribed purposes for businesses that possess prohibited firearms are being added to allow businesses with inventories of prohibited handguns that have become grandfathered by virtue of the amendments to the Act to sell them to properly licensed, grandfathered members of the public or to other businesses licensed to acquire prohibited handguns. Other prescribed purposes, such as the keeping of a sufferance warehouse are also being added. Persons related to a business are being limited to individuals who have either a direct influence on the operations of a business or to those who could have access to firearms.

In addition, a section dealing with conditions to be placed on business licences is being repealed. Section 58 of the Firearms Act allows the Chief Firearms Officer to attach any reasonable condition to a licence, as may be desirable in particular circumstances. Where appropriate, the standard conditions being repealed from the Regulations may still be attached to a licence.

Minor amendments with respect to the mode of transmission of notices of refusal and revocation are being made to reflect that Canada Post no longer offers certified mail service. Notices of refusal and of revocation of the authorizations will continue to be sent by registered mail or by courier.

These Regulations are the only means available to amend the Firearms Licences Regulations. Given the amendments to the Firearms Act, it may have been possible to prescribe a renewal form without putting any of its requirements in the Regulations. However, it is preferable to do so to ensure transparency.

Amendments related to the renewal process will be beneficial to firearm owners. The process is streamlined from the initial application process such that it will lead to better client service and cost reduction, as well as greater compliance. The requirement to provide information about conjugal partners will allow relevant individuals to be consulted in appropriate cases.

The removal of the mandatory twenty-eight day waiting period for licensed individuals who apply for acquisition privileges will provide better client service while maintaining public safety. Given that all licensees are continuously monitored for public safety purposes, the mandatory waiting period is not required.

Businesses will benefit from the new prescribed purposes given that a wider range of businesses will be able to lawfully possess prohibited firearms. However, given that the purposes are narrow in scope, no risk to public safety will result. Businesses that have inventories of prohibited handguns will be able to recoup some of their initial investments in these handguns by selling them to grandfathered owners and to businesses that are licensed to possess these handguns. Since the pool of eligible buyers will not be expanded, there will be no increased risk to public safety.

Limiting the scope of persons related to the business will allow the Chief Firearms Officer of each province to focus on those persons who may have access to firearms or impact on business operations, rather than having to assess a large pool of persons where they may have no impact whatsoever on business operations. This will streamline the licensing process for both businesses and Chief Firearms Officers.

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.

Concerns were raised in consultations with respect to not providing information on former spouses and other partners during the renewal process, on the basis that such information is equally relevant on renewal as on initial application. The requirement has been added to the Regulations that were originally tabled and will apply to individuals with whom the applicant had been in a conjugal relationship in the two years preceding the application for renewal.

To ensure that all stakeholders and interested parties are advised of the amendment 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 sections 91 and 92 of the Criminal Code to possess a firearm without a valid licence.

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