Canada Gazette

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 remove the provisions dealing with approval of non-restricted firearms transfers and of business-to-business transfers by Chief Firearms Officers. Modifications are also being made to verification requirements, such that non-restricted firearms being transferred to individuals will only need to be verified where the current registration certificate contains incomplete or inaccurate information. A section providing for designation of verifiers by the Registrar is also being added. 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 requirements 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 they arise and not only when firearms are being purchased.

Streamlining of verification requirements is also expected to yield cost savings, since verification will only be carried out in cases where it is required to ensure integrity of the registration database. Since the majority of transfers between individuals will not require verification, this amendment promotes client service, expedites the transaction for the clients, and reduces the Canadian Firearms Program's administration costs.

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

Preliminary consultations on proposals for the regulations were undertaken, in anticipation of Parliament completing its deliberation of Bill C-10A, with: provincial authorities, in particular the chief firearms officers; federal departments involved in the implementation of the new law, in particular the Royal Canadian Mounted Police and the Canada Customs and Revenue Agency; representatives of police agencies and police associations; and a range of stakeholders and groups interested in firearms control.

Further consultations with these and other interested parties and stakeholders are planned for the summer and fall of 2003, in anticipation of the amendments to the regulations at a later date. 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 Canadian Firearms Centre Communications Group. 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 Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), 613-941-1991 (Facsimile).

Notice is hereby given that the Governor in Council, pursuant to section 117 of An Act respecting firearms and other weapons, S.C. 1995 c. 39, proposes to make the annexed Regulations Amending the Conditions of Transferring Firearms and other Weapons Regulations.

Interested persons may make representations with respect to the proposed Regulations, within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of this notice and be addressed to James Deacon, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, (613) 941-1991 (Facsimile).

REGULATIONS AMENDING THE CONDITIONS OF TRANSFERRING FIREARMS AND OTHER WEAPONS REGULATIONS

1. The definition "Firearms Identification System" in section 1 of the Conditions of Transferring Firearms and other Weapons Regulations (see footnote 1) is repealed.

2. The Registrar may designate an individual as an approved verifier if the individual has the required knowledge to identify and classify firearms.

3. (1) The portion of subsection 3(1) of the Regulations before paragraph (c) is replaced by the following:

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

(2) Paragraphs 3(1)(c) and (d) of the Regulations are replaced by the following:

(c) in the case of a restricted firearm or a prohibited firearm, the transferor shall present evidence to the Registrar that the information submitted in support of an application for a new registration certificate has been verified by an approved verifier, unless the Registrar indicates in the Canadian Firearms Registry that the information has been verified; and

(d) in the case of a non-restricted firearm, transferred on or after January 1, 2003, the transferor shall present evidence to the Registrar that the information submitted in support of an application for a new registration certificate has been verified by an approved verifier, unless

(i) in the case of a transfer between individuals, the information contained in the Canadian Firearms Registry is complete and accurate, or

(ii) the existing registration certificate indicates that the information has already been verified.

(3) 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:

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

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 7 of the Regulations are repealed.

8. The portion of section 10 of the Regulations before paragraph (b) 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:

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.

11. 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.

Regulations Amending the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations

The Regulations amend the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations, SOR/98-206, to remove a reference to certified mail since this mode of transmission is no longer available. Notices of refusal and of revocation of the authorizations will continue to be able to be sent by registered mail or by courrier.

These Regulations are the only means available to amend the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations. Certified mail is no longer an available option for transmitting mail, since Canada Post no longer offers that service.

This is a technical amendment and there are no costs associated to the amending regulation. The amendment will be beneficial, since it clarifies the manner in which notices may be sent.

All individuals transporting a restricted and prohibited firearm must first obtain an authorization to transport from their Chief Firearms Officer (Firearms Act, section 19). It is an offence, pursuant to section 93 of the Criminal Code, to possess a restricted or prohibited firearm at a place other than the place authorized under an authorization or licence.

Legal Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

Notice is hereby given that the Governor in Council, pursuant to section 117 of An Act respecting firearms and other weapons, S.C. 1995 c. 39, proposes to make the annexed Regulations Amending the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations.

REGULATIONS AMENDING THE AUTHORIZATIONS TO TRANSPORT RESTRICTED FIREARMS AND PROHIBITED FIREARMS REGULATIONS

1. Paragraph 6(1)(b) of the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations (see footnote 2) is replaced by the following:

2. These Regulations come into force on the day on which they are registered.

Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

The Regulations amend the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, SOR/98-207, to remove a reference to certified mail since this mode of transmission is no longer available. Notices of refusal and of revocation of the authorizations will continue to be able to be sent by registered mail or by courrier. The amendments also define the term "prohibited handgun" for the purposes of interpretation of the Regulations.

These Regulations are the only means available to amend the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations. Certified mail is no longer an available option for transmitting mail since Canada Post no longer offers that service.

While it would not be strictly necessary to add a definition of prohibited handgun, the interpretation section being provided will make the Regulations easier to read.

These amendments are technical in nature and there are no costs associated with the amending Regulations. The amendments will be beneficial since they clarify the manner in which notices may be sent and assist the reader in interpreting the Regulations as they relate to prohibited handguns.

Preliminary consultations on proposals for the Regulations were undertaken, in anticipation of Parliament completing its deliberation of Bill C-10A, with: provincial authorities, in particular the chief firearms officers; federal departments involved in the implementation of the new law, in particular the Royal Canadian Mounted Police and the Canada Customs and Revenue Agency; representatives of police agencies and police associations; and a range of stakeholders and groups interested in firearms control.

All individuals carrying a restricted firearm or prohibited handgun must first obtain an authorization to carry from their Chief Firearms Officer (Firearms Act, section 20). It is an offence, pursuant to section 93 of the Criminal Code to possess a restricted or prohibited firearm at a place other than the place authorized under an authorization or licence. It is also an offence to carry a concealed weapon, pursuant to section 90 of the Code. Further, it is an offence pursuant to sections 91 and 92 to possess a firearm without a licence, registration certificate and, in the case of a restricted or prohibited firearm, an authorization.

Legal Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), 613-941-1991 (Facsimile).

Notice is hereby given that the Governor in Council, pursuant to section 117 of An Act respecting firearms and other weapons, S.C. 1995 c. 39, proposes to make the annexed Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations.

REGULATIONS AMENDING THE AUTHORIZATIONS TO CARRY RESTRICTED FIREARMS AND CERTAIN HANDGUNS REGULATIONS

1. The definition "prohibited handgun" in section 1 of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (see footnote 3) 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. These Regulations come into force on the day on which they are registered.

Regulations Amending the Shooting Clubs and Shooting Ranges Regulations

The Regulations amend the Shooting Clubs and Shooting Ranges Regulations, SOR/98-212, to remove a reference to certified mail since this mode of transmission is no longer available. Notices of refusal and of revocation of the authorizations will continue to be able to be sent by registered mail or by courrier. The amendments also define the term "prohibited handgun" for the purposes of interpretation of the Regulations.

These Regulations are the only means available to amend the Shooting Clubs and Shooting Ranges Regulations. Certified mail is no longer an available option for transmitting mail, since Canada Post no longer offers that service.

While it would not be strictly necessary to add a definition of prohibited handgun, the interpretation section being provided will make the Regulations easier to read.

The amendments are technical in nature and there are no costs associated to the amending regulation. The amendments will be beneficial since they clarify the manner in which notices may be sent and assist the reader in interpreting the Regulations as they relate to prohibited handguns.

All operators of shooting clubs and ranges must have obtained approval of the provincial minister in order to operate the club or range pursuant to section 29 of the Firearms Act.

Legal Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

1. The definition "prohibited handgun" in section 1 of the Shooting Clubs and Shooting Ranges Regulations (see footnote 4) 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. These Regulations come into force on the day on which they are registered.

Regulations Amending the Firearms Licences Regulations

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, regardless of whether the individual wishes to renew a possession only licence or a possession and acquisition licence, and can be summarized as follows: applicants will provide a current photo, have their applications signed by a reference, and include information about their current spouse.

In addition, individuals who presently hold a possession only licence or a minors' licence will no longer have a 28-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 frequently visit Canada to obtain a minor's licence. This is consistent with the way in which non-resident adults are treated under the Regulations.

Modifications are also being made to the Regulations in accordance with the Modernization of Benefits Act, which is not yet in force. The amendments define "spouse" for the purposes of spousal notice as a person to whom you are married in law or at common law or someone with whom you have been living in a conjugal relationship for less than one year.

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 caught 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. Other prescribed purposes, such as the keeping of a bonded warehouse are also being added. Persons related to a business are being limited to family members who have either a direct influence on the operations of a business or those who could have access to firearms.

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 in order to ensure transparency.

The amendments related to businesses, including prescribed purposes and limiting the scope of persons prescribed as related to a business, are important given that they will allow businesses to operate legitimately and be properly licensed for their activities and will rationalize the persons who need to be assessed for public safety with respect to each business.

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 removal of the mandatory 28-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 had been caught with inventories of prohibited handguns will be able to recoup some of their initial investments in those handguns by selling them to grandfathered owners. 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 for public safety where they may have no impact whatsoever on business operations. This will streamline the licensing process for both businesses and Chief Firearms Officers.

It is an offence, pursuant to sections 91 and 92 of the Criminal Code to possess a firearm without a valid licence.

Legal Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

Notice is hereby given that the Governor in Council, pursuant to section 117 of An Act respecting firearms and other weapons, S.C. 1995, c. 39, proposes to make 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 5) 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)

1.1 For the purposes of subsection 67(1) of the Act and subject to section 8.1 of these Regulations, a licence is renewed in the same manner as the manner in which it is issued.

1.2 For the purposes of subsection 67(1) of the Act, any authorization to carry or authorization to transport is renewed in the same manner as the manner in which it is issued.

3. The Regulations are amended by adding the following before the heading "Issuance of Licences" preceding section 2:

1.3 Subsections 2(1) and (3) and sections 15 and 16 apply in respect of the issuance and renewal of licences referred to in those provisions.

(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.

5. (1) Subparagraph 3(1)(b)(i) of the Regulations is replaced by the following:

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

(3) Subsection 3(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) subject to subsection (2), the name, date of birth, current address and telephone number of any of the following persons with whom the applicant is cohabiting at the time the application is made, namely, the applicant's spouse or common-law partner or any person with whom the applicant is cohabiting in a conjugal relationship of less than one year; and

(e) subject to subsection (2), the name, current address and telephone number of each of the following persons with whom the applicant has cohabited within two years before the application is made, namely, the applicant's spouse or common-law partner or any person with whom the applicant has cohabited in a conjugal relationship of less than one year.

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

6. (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) or (e) 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) or (e) 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:

6. Sections 7 to 8.1 apply to an individual who is referred to in paragraph 7(4)(c) of the Act, is 18 years old or older and is not a non-resident.

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

8.1 (1) This section applies in respect of the renewal of a licence referred to in subsection 3(1) or section 7.

(2) 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) a statement, signed by one person, other than a person referred to in paragraph (d), who has known the applicant for at least one year and is at least 18 years old, and with their name and the applicant's name printed legibly on the back of the photograph, confirming that the person is at least 18 years old, that he or she has known the applicant for at least one year and that the photograph accurately identifies the applicant;

c) a statement, signed by one person, other than a person referred to in paragraph (d), who has known the applicant for at least three years and is at least 18 years old, and with their name printed legibly on it, confirming that the person is at least 18 years old, that he or she has known the applicant for at least three years and that, to their knowledge,

(i) the information in the application is true, and

(ii) there is no reason why it would be desirable, in the interests of the safety of the applicant or any other person, that the applicant not possess a firearm; and

(d) the name, date of birth, current address and telephone number of any of the following persons with whom the applicant is cohabiting at the time the application is made, namely, the applicant's spouse or common-law partner or any person with whom the applicant is cohabiting in a conjugal relationship of less than one year.

(2) An application that is made by or on behalf of an individual who is 18 years old or older 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) and 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).

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

14. 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

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

(j) in respect of a prohibited handgun, the use by

(i) 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, or

(ii) businesses that have instructors who are certified in the safe handling and use of prohibited handguns and who require prohibited handguns for such instruction;

(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) 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;

(x) 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

(y) 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 paragraphs (a) to (x).

19. (1) The portion of subsection 25(1) of the Regulations before paragraph (a) is replaced by the following:

25. (1) Notice of an application for a licence referred to in subsection 3(1) is sufficiently given to a person referred to in paragraph 3(1)(d) or (e) if the person is contacted in person 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 (e) or, if the applicant has advised the chief firearms officer of a change of that address, at the new address, and the 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.

Regulations Amending the Public Agents Firearms Regulations

The Regulations amend the Public Agents Firearms Regulations (SOR/98-203). As a result of the amendments, the Registrar will be able to issue more than one agency identification number to an agency that requests more than one number in order to better track its inventory of firearms. For example, a large police force may wish to obtain a distinct number for each detachment or division that would take in firearms that are seized as evidence, forfeited or turned in. In addition, the Regulations reduce the amount of information to be included by an agency in its initial protected firearms inventory. Such initial inventory will only need to be reported to the Registrar if it is still in the possession of the agency one year from the coming into force of the reporting provisions, namely January 1, 2005.

The amendments also reduce reporting for the Canada Customs and Revenue Agency (CCRA) to insure that no double-reporting is done by the Agency. As such, the CCRA would not be required to report firearms as protected firearms that may be returned to the owner unless it has held them for 90 days. Since the CCRA must report every importation and exportation to the Registrar, those firearms would have ended up being reported twice: once as protected firearms and once as imports. In addition, all agencies will only be required to report protected firearms that are in their possession for 72 hours or more.

The amendments also clarify when transfers between agencies and imports and exports have to be reported to the Registrar, in order to limit reporting of temporary movements of firearms.

These Regulations are the only means available to amend the Public Agents Firearms Regulations.

Amendments related to the reporting of inventory by agencies serve both to clarify the reporting requirements and to streamline them with respect to reporting of initial protected firearm inventory. This streamlining reduces the reporting burden on agencies making it easier for them to comply with the Act in the most cost efficient way possible. The reporting of initial inventory will require only basic information about the firearms and will not necessitate that each firearm be examined in detail by the agency. In turn, the reduction in the firearm details to be reported with respect to initial inventories will minimize the error rate and exceptions that need to be dealt with by the Registrar, thus reducing the workload required to record protected firearms to each agency.

Amendments with respect to the issuance of more than one agency identification number will allow the larger agencies to better track their inventories. It will also provide the Canadian Firearms Program with records that are more accurate with respect to actual location of the firearms.

With respect to amendments that allow agencies not to report firearms in their possession for less than 72 hours and amendments that address CCRA's concerns about double-reporting, efficiencies will be gained both from the agencies' points of view and from the Registrar's. Agencies will not need to spend time reporting short-term possession while the Registrar will not need to record the firearm as protected and then to again record the firearm as no longer in the possession of the agency in question. This will decrease the volume of transaction reporting and require fewer resources to administer the inventories. Since all long-term possession will be recorded, public safety will not be impacted as a result of these short-term transactions not being reported.

Section 85 of the Firearms Act requires that the Registrar record firearms in the possession of public agents and public officers, including both protected and agency firearms.

Legal Counsel, Canadian Firearms Centre, Ottawa, Ontario K1A 1M6, 1-800-731-4000 (Telephone), (613) 941-1991 (Facsimile).

1. (1) The definition "agency identification number" in section 1 of the Public Agents Firearms Regulations (see footnote 6) is repealed.

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

"public agency identification number" means the number assigned to a public service agency under paragraph 7(1)(a). (numéro d'identification)

5. A public service agency shall ensure that each public agent who acts under its authority, or on its behalf, and who stores, handles, transports, possesses or uses firearms in the course of his or her duties receives training appropriate to his or her particular duties before storing, handling, transporting, possessing or using them.

6. (1) Every public service agency shall ensure that one or more applications have been made to the Registrar so that the agency, including all of its units, will be covered by one or more public agency identification numbers.

(2) An application shall include the name, address, phone number and, if applicable, facsimile number and electronic mail address of the public service agency or unit making the application.

3. Paragraphs 7(1)(a) and (b) of the Regulations are replaced by the following:

(a) a public agency identification number to any public service agency or unit that requests one under section 6 or reports that it has possession of a firearm; and

(b) a firearm identification number to an agency firearm or a protected firearm reported under subsection 8(1), 9(1), 10(1), (1.1) or (1.2) or 10.1(1) in respect of which a firearm identification number has not already been assigned.

7.1 Every public service agency or unit that has been assigned a public agency identification number shall advise the Registrar of a change of its name or address within 30 days after the change.

8. (1) Every public service agency shall ensure that on or before January 1, 2005 the Registrar is provided with one or more reports that set out the inventory of all agency firearms and protected firearms in the agency's possession on January 1, 2004.

(1.1) For the purposes of subsection (1), inventory does not include protected firearms in the public service agency's possession on January 1, 2004 that the agency intends to dispose of on or before January 1, 2005.

(1.2) A report shall include the name of the public service agency or unit that is making the report and its public agency identification number.

(2) The portion of subsection 8(2) of the Regulations before paragraph (a) is replaced by the following:

(2) For each agency firearm set out in a report referred to in subsection (1), the public service agency or unit making the report shall request a firearm identification number and shall include the following information:

(4) Paragraphs 8(2)(g) and (h) of the Regulations are replaced by the following:

(2.1) For each protected firearm set out in a report referred to in subsection (1), the public service agency or unit making the report shall request a firearm identification number and shall include the following information:

(3) Where an agency firearm, other than an agency firearm kept for the exclusive use of peace officers involved in covert operations, does not have a serial number sufficient to distinguish it from other firearms, the public service agency shall ensure that the firearm is marked, by permanently and legibly stamping or engraving the firearm identification number when assigned, on the firearm's frame or receiver in a visible place.

(6) Subsection 8(4) of the French version of the Regulations is replaced by the following:

(4) Lorsqu'une étiquette a été délivrée conformément au paragraphe 7(2) pour une arme à feu protégée, l'agence de services publics veille à ce qu'elle soit apposée à un endroit visible sur la carcasse ou la boîte de culasse.

9. (1) A public service agency that, after January 1, 2004, acquires a firearm for use as an agency firearm shall without delay ensure that the Registrar is provided with a report on that transaction that includes the following information:

(2) If a public service agency, after January 1, 2004, acquires an agency firearm that is not kept for the exclusive use of peace officers involved in covert operations and that does not bear a serial number sufficient to distinguish it from other firearms or a firearm identification number, the public service agency shall mark the firearm, by permanently and legibly stamping or engraving the firearm identification number when assigned, on the firearm's frame or receiver in a visible place.

7. (1) The portion of subsection 10(1) of the Regulations before paragraph (a) is replaced by the following:

10. (1) Subject to subsections (1.1) and (1.2), a public service agency shall report to the Registrar every firearm that comes into its possession after January 1, 2004 and that is kept as a protected firearm, before the earlier of

(2) Section 10 of the Regulations is amended by adding the following after subsection (1):

(1.1) The Canada Customs and Revenue Agency shall report to the Registrar any firearm that comes into its possession after January 1, 2004 and that is abandoned, seized or forfeited, within 30 days after the abandonment, seizure or forfeiture.

(1.2) The Canada Customs and Revenue Agency shall, without delay, report to the Registrar any firearm — other than a firearm that has been abandoned, seized or forfeited under subsection (1.1) —that comes into its possession after January 1, 2004 if the firearm remains in its possession for more than 90 days.

(3) Paragraphs 10(2)(a) and (b) of the Regulations are replaced by the following:

(3) Where a firearm referred to in subsection (1), (1.1) or (1.2) has been issued a sticker under subsection 7(2), the public service agency shall ensure that the sticker is attached to the frame or receiver in a visible place.

(4) This section does not apply to a firearm that has been seized and detained by the public service agency for less than 72 hours.

10.1 (1) A public service agency that is still in possession of a protected firearm described in subsection 8(1.1) after January 1, 2005 shall, without delay, provide the Registrar with a report on the firearm.

(3) If a firearm referred to in subsection (1) has been issued a sticker under subsection 7(2), the public service agency shall ensure that the sticker is attached to the frame or receiver in a visible place.

9. (1) The portion of section 11 of the English version of the Regulations before paragraphe (a) is replaced by the following:

11. A public service agency that suffers the loss or theft of a firearm or to whom a firearm is reported as being lost or stolen under section 105 of the Criminal Code shall, without delay, report the event to the Registrar and include

12. A public service agency shall advise the Registrar within 30 days after making any modification to an agency firearm that changes the class of the firearm.

13. (1) A public service agency or unit that transfers possession of a firearm to another public service agency or to another unit shall provide the Registrar with a report on the transaction — if the transfer is intended to last for a period of more than 180 days or actually lasts longer than that period — and shall do so

14. (1) A public service agency shall ensure that the Registrar is provided, prior to the importation of any firearm or within 30 days after the importation, with the following information:

(2) Subsection (1) does not apply in respect of a firearm that is re-imported by a public service agency and retained by that agency as a protected firearm or as an agency firearm while the firearm is outside Canada.

15. (1) A public service agency shall ensure that the Registrar is provided, prior to the exportation of any firearm or within 30 days after the exportation, with the following information:

(2) Subsection (1) does not apply in respect of a firearm that is intended to be re-imported by a public service agency and intended to be retained by that agency as a protected firearm or as an agency firearm while the firearm is outside Canada.

12. (1) The portion of subsection 16(1) of the Regulations before paragraph (b) is replaced by the following:

16. (1) A public service agency that disposes of a firearm shall do so in the following manner:

(2) Subsection 16(1) of the Regulations is amended by adding the word "or" at the end of paragraph (b) and by adding the following after that paragraph:

(3) The portion of subsection 16(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) Avant de disposer d'une arme à feu, l'agence de services publics en avise le directeur en fournissant les renseignements suivants :

(4) Paragraphs 16(2)(a) and (b) of the Regulations are replaced by the following:

(5) Subsection 16(3) of the French version of the Regulations is replaced by the following:

(3) Lorsque l'arme à feu visée au paragraphe (2) est détruite, l'agence de services publics avise le directeur des date et lieu de destruction.

(6) Section 16 of the Regulations is amended by adding the following after subsection (3):

(4) Subsections (2) and (3) do not apply to a protected firearm that is in the possession of a public service agency on January 1, 2004 and that the agency has disposed of on or before January 1, 2005.

14. These Regulations come into force on the day on which they are registered.