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Notice

Vol. 137, No. 25 — June 21, 2003

Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses)

Statutory Authority

An Act respecting firearms and other weapons

Sponsoring Department

Canadian Firearms Centre

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Regulations amend the Authorization to Export or Import Firearms Regulations (Businesses) [SOR/98-214]. The Regulations streamline the requirements for businesses that require an authorization to export such that permits to export issued under the Export and Import Permits Act by the Minister of Foreign Affairs and International Trade will be deemed authorizations to export for the purposes of the Firearms Act. Where the Registrar issues an authorization to export, the requirements are further streamlined in order to remove the requirement that a bar code containing descriptions of the goods be placed on the packaging of the goods to be exported. Instead, a copy of the bill of lading will be sufficient for identification at the time of export. The same modifications are being made with respect to goods being imported by way of an authorization to import issued by the Registrar.

Since it is often the case that serial numbers will not be known until the goods have been imported, the Regulations are amended to permit a business to import firearms and report the serial number after importation. A description of the goods must still be provided.

The Regulations also provide for the issuance of an authorization to import to permit the importation of slides, cylinder, bolts, breech blocks and barrels by businesses. An offence provision for importing these parts without such an authorization has also been created by the amendments.

Alternatives

These Regulations are the only means available to amend the Authorization to Export or Import Firearms Regulations (Businesses) and are the only means available to deem export permits issued under the Export and Import Permits Act to be authorizations for the purposes of the Firearms Act.

Benefits and Costs

The amendments deeming export permits issued under the Export and Import Permits Act to be authorizations for the purposes of the Firearms Act will be of benefit to businesses, as they will not be required to apply for permission to export firearms from two different federal government bodies. This should result in both cost savings and greater efficiency for the businesses. As it eliminates duplication of work, there should also be net cost savings to the Canadian Firearms Program since the Registrar will not be required to issue this document, other than for prohibited devices, weapons and ammunition. The Department of Foreign Affairs and International Trade (DFAIT) will provide the Registrar with information about exports permits that have been issued and the Canada Customs and Revenue Agency will advise the Registrar of the exportation of firearms. This ensures the continued integrity of the program's database, while eliminating the business' responsibility to advise the Registrar of exports. The amendments will permit the Registrar to focus on controlling and registering firearms being imported into the country while DFAIT will be able to focus its efforts on exports.

Since businesses often are not advised of all serial numbers in a shipment of firearms until those firearms arrive at the bor-der, eliminating requirements that this be provided in advance will allow goods to move through Customs more quickly and efficiently.

The amendments with respect to how goods being shipped must be identified will also result in greater efficiency at the border. In addition, businesses will not need to adopt new processes or obtain new bar coding equipment in order to import or export firearms.

With respect to the amendments concerning authorizations to import parts, these will allow Canada to ratify international conventions to which it is a signatory, including the UN Protocol on Firearms.

Consultation

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.

Compliance and Enforcement

Pursuant to sections 103 and 104 of the Criminal Code, it is an offence to import or export a firearm other than under the authority of the Firearms Act, of its regulations or of any other act of Parliament, including the Export and Import Permits Act.

Contact

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

PROPOSED REGULATORY TEXT

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 Authorization to Export or Import Firearms Regulations (Businesses).

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).

June 13, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE AUTHORIZATION TO EXPORT OR IMPORT FIREARMS REGULATIONS (BUSINESSES)

AMENDMENTS

1. The title of the Authorization to Export or Import Firearms Regulations (Businesses) (see footnote 1)  is replaced by the following:

IMPORTATION AND EXPORTATION OF FIREARMS REGULATIONS (BUSINESSES)

2. Section 3 of the Regulations is replaced by the following:

3. If a business applies for an authorization to export goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading and a copy of the authorization.

3. Section 4 of the Regulations is replaced by the following:

4. For the purposes of subsection 45(4) of the Act, a customs officer shall dispose of goods detained under subsection 45(3) of the Act in the same manner as a public service agency disposes of a firearm under section 16 of the Public Agents Firearms Regulations.

Deemed Authorizations

4.1 Permits to export firearms that are issued under section 7 of the Export and Import Permits Act are deemed to be authorizations to export for the purposes of the Act.

4. Section 6 of the Regulations is replaced by the following:

6. (1) If a business applies for an authorization to import goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading and a copy of the authorization.

(2) If at the time of making the application the serial number of the firearm that is the subject of the application does not exist or is unknown, the business shall provide the serial number, if any, to the Registrar, as soon as it becomes known to the business.

5. Section 7 of the Regulations is replaced by the following:

7. For the purposes of subsection 47(4) of the Act, a customs officer shall dispose of goods forfeited under that subsection in the same manner as a public service agency disposes of a firearm under section 16 of the Public Agents Firearms Regulations.

Parts and Components

7.1 (1) No business shall import a cylinder, slide, bolt, breech block or barrel of a firearm unless the business has been authorized in writing to do so by the Registrar.

(2) For the purpose of these Regulations, the provisions of the Act and of these Regulations that apply to an authorization to import also apply, with such modifications that the circumstances require, to an authorization referred to in subsection (1).

6. The Regulations are amended by adding the following after section 11:

Offence

11.1 For the purpose of paragraph 117(o) of the Act, it is an offence to contravene subsection 7.1(1).

COMING INTO FORCE

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

[25-1-o]

Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals)

Statutory Authority

An Act respecting firearms and other weapons

Sponsoring Department

Canadian Firearms Centre

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Regulations amend the Importation and Exportation of Firearms Regulations (Individuals), SOR/98-215. Most provisions of the Regulations, other than the non-resident provisions that are already in force, are set to come into effect January 1, 2004.

The Regulations provide a process by which non-residents who wish to enter Canada with firearms may obtain a pre-processed declaration form to be presented to Customs. The form would be filled out by the non-resident, mailed to the Registrar who would conduct background checks and classify the firearms, and then send the declaration back to the non-resident for presentation to a Customs officer. A process is also provided for non-residents who are licensed in Canada, but who have not registered firearms, that would allow them to import the firearms for a temporary purpose. In addition, the Regulations provide that non-residents must declare their date of export at the time of the importation.

The Regulations also streamline exporting requirements for licensed Canadian residents to allow firearms that are being exported to be re-imported and to be fast-tracked through Customs. In those circumstances, the individual will simply need to produce his licence and the registration certificate for the firearm that had been temporarily exported.

In addition, the Regulations provide for the issuance of an authorization to import to permit the importation of slides, cylinder, bolts, breech blocks and barrels by individuals. An offence provision for importing these parts without such an authorization has also been created by the amendments.

Alternatives

These Regulations are the only means available to amend the Importation and Exportation of Firearms Regulations (Individuals).

Benefits and Costs

The amendments streamline temporary firearms exportation requirements such that non-residents and residents alike will not be required to stop and declare their firearms at the border on exiting the country. As such, the amendments will provide savings in terms of time for Customs officers and clients when compared to the provisions they are amending. As well, the infrastructure to support the original export reporting requirement, such as having Customs locations available at export locations, will not be required. This will result in lower costs and administrative burden once implemented.

Oral declarations will be permitted for Canadian residents importing a previously exported firearm. This eliminates the requirement for the client to declare the re-importation in writing and will reduce the time required at the border for Customs to process the individual.

Amendments providing for pre-processing of non-residents will be beneficial to Canada Customs and Revenue Agency (CCRA) and to travelers since they should allow fast-tracking through the border. In addition, they will provide greater public safety benefits since the Registrar will be able to conduct background checks on each applicant.

With respect to non-resident declarations, CCRA will only be required to issue one confirmation number for the period of validity of the declaration. This streamlining measure provides cost savings for CCRA, and will improve client-service levels for non-residents.

With respect to the amendments concerning authorizations to import parts, these will allow Canada to ratify international conventions to which it is a signatory, including the UN Protocol on Firearms.

Consultation

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.

Compliance and Enforcement

Pursuant to sections 103 and 104 of the Criminal Code, it is an offence to import or export a firearm other than under the authority of the Firearms Act, of its regulations or of any other act of Parliament.

Contact

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

PROPOSED REGULATORY TEXT

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 Importation and Exportation of Firearms Regulations (Individuals).

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).

June 13, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE IMPORTATION AND EXPORTATION OF FIREARMS REGULATIONS (INDIVIDUALS)

AMENDMENTS

1. (1) Subsection 2(1) of the English version of the Importation and Exportation of Firearms Regulations (Individuals) (see footnote 2)  is replaced by the following:

2. (1) For the purposes of paragraph 35(1)(b) of the Act, a non-resident shall declare a firearm that he or she is importing in person and in writing.

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

(2) Despite subsection (1), a non-resident may declare, orally by telephone or using automated means provided at the customs office, a non-restricted firearm that he or she is importing if the declaration is made at a customs office that is not staffed, if the firearm has been previously imported by the non-resident and if the declaration that was confirmed for that firearm at the time of the initial importation is still valid.

2. The Regulations are amended by adding the following after section 2:

2.1 (1) A report of the Registrar referred to in subparagraph 35(1)(b)(i) of the Act expires six months after it is sent or delivered.

(2) The report is sufficiently given if it is addressed to the non-resident at their address that is set out in the report or, if the individual has advised the Registrar of a change of that address, at the new address, and if the notice is

(a) sent by mail; or

(b) transmitted by electronic means that can produce a paper record.

(3) The report is deemed to be received

(a) on the fifth working day, excluding Saturdays, after the postmark date, if it is sent by mail; and

(b) on the day of transmission, if sent by electronic means.

2.2 (1) For the purposes of paragraph 35.1(1)(a) of the Act, a non-resident shall declare in person and orally a firearm that he or she is importing.

(2) Despite subsection (1), a non-resident may declare orally by telephone a non-restricted firearm that he or she is importing if the declaration is made at a customs office that is not staffed.

2.3 A customs officer that receives a declaration referred to in section 2.2 shall record the name of the non-resident, the number of his or her licence and registration certificate, the number of his or her authorization to transport, if any, the day that the firearm is being imported, and the day on which the non-resident intends to export it.

2.4 (1) For the purposes of paragraph 35.1(2)(a) of the Act, a non-resident shall declare in person and in writing a firearm that he or she is importing.

(2) Despite subsection (1), a non-resident may declare orally by telephone a non-restricted firearm that he or she is importing if the declaration is made at a customs office that is not staffed and the firearm has been previously imported by the non-resident.

3. Section 3 of the Regulations is replaced by the following:

3. (1) For the purposes of paragraph 35(1)(d) of the Act, a customs officer confirms a declaration and an authorization to transport by providing the non-resident with a confirmation number either in writing or orally.

(2) Despite subsection (1), a customs officer confirms a declaration and an authorization to transport if the conditions set out in subparagraph 35(1)(b)(iii) of the Act apply by recording the original confirmation number and the following information:

(a) the name of the non-resident; and

(b) the day that the firearm is being imported and its port of entry.

3.1 For the purposes of paragraph 35.1(2)(d) of the Act, a customs officer confirms a declaration by providing the non-resident with a confirmation number either in writing or orally and by recording the following information:

(a) the name of the non-resident;

(b) the number of the non-resident's licence and authorization to transport, if any;

(c) the day that the firearm is being imported; and

(d) the period for which the confirmation is effective.

4. Sections 4 and 5 of the Regulations are replaced by the following:

4. (1) A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 of the Act if, in addition to meeting the requirement of paragraph 37(1)(a) of the Act, the non-resident provided a customs officer at the time of importation with the date that the non-resident intended to export the firearm.

(2) If the firearm is exported after the date that was provided by the non-resident, the non-resident shall provide the Registrar with the date that the firearm will be exported at the latest on the date that the firearm was initially intended to be exported.

DEEMED AUTHORIZATIONS

5. Permits to export firearms that are issued under section 7 of the Export and Import Permits Act are deemed to be authorizations to export for the purposes of the Act.

5. Section 6 of the Regulations is replaced by the following:

6. For the purposes of subsections 35(2), 35.1(3) and 37(2) of the Act, a customs officer shall dispose of a detained firearm in the same manner as a public service agency disposes of a firearm under section 16 of the Public Agents Firearms Regulations.

6. Sections 7 and 8 of the Regulations are replaced by the following:

7. An individual who meets the requirements of paragraph 38(1)(a) of the Act shall, before exporting a firearm that he does not intend to reimport, provide a customs officer with an authorization to export issued to the individual for the firearm.

7. Section 9 of the Regulations is replaced by the following:

9. For the purposes of subsection 38(2) of the Act, a customs officer shall dispose of a detained firearm in the same manner as a public service agency disposes of a firearm under section 16 of the Public Agents Firearms Regulations.

8. Sections 11 and 12 of the Regulations are replaced by the following:

11. (1) For the purposes of paragraph 40(1)(a) of the Act, an individual shall declare in person and orally a firearm that he or she is importing.

(2) Despite subsection (1), an individual may declare orally by telephone a non-restricted firearm that he or she is importing if the declaration is made at a customs office that is not staffed.

12. For the purposes of paragraph 40(2)(b) of the Act, an individual who imports a firearm shall declare it orally.

9. Section 13 of the Regulations is replaced by the following:

13. For the purposes of paragraph 40(2)(e) of the Act, a customs officer confirms the authorization to import referred to in paragraph 40(2)(b) of the Act by providing the individual with a confirmation number in writing.

10. Section 14 of the Regulations is replaced by the following:

14. For the purposes of subsections 40(3) and (6) of the Act, a customs officer shall dispose of a detained or forfeited firearm in the same manner as a public service agency disposes of a firearm under section 16 of the Public Agents Firearms Regulations.

PARTS AND COMPONENTS

14.1 (1) No individual shall import a cylinder, slide, bolt, breech block or barrel of a firearm unless the individual has been authorized in writing to do so by the Registrar.

(2) For the purposes of these Regulations, the provisions of the Act and of these Regulations that apply to an authorization to import also apply, with such modifications that the circumstances require, to an authorization referred to in subsection (1).

OFFENCE

14.2 For the purpose of paragraph 117(o) of the Act, it is an offence to contravene subsection 14.1(1).

COMING INTO FORCE

11. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Sections 1 to 3 and 5 of these Regulations come into force on the day on which section 26 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, comes into force.

[25-1-o]

Firearms Marking Regulations

Statutory Authority

An Act respecting firearms and other weapons

Sponsoring Department

Canadian Firearms Centre

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Regulations establish requirements for the marking of firearms being imported to Canada by individuals and businesses and of all firearms manufactured in Canada. These requirements are being established in response to obligations undertaken by Canada as a signatory to the OAS Convention and the UN Protocol on Firearms.

The markings would consist of a country code, "CA", and either, in the case of newly manufactured firearms, the name of manufacturer and serial number, or, with respect to imported firearms, the last two digits of the year of importation. Markings are, subject to certain exceptions for rare or very valuable firearms, to be put on the receiver, and to be visible without the need to disassemble the firearm.

The Chief Firearms Officer or Registrar may place a condition on licences, particularly manufacturing licences, or authorizations to import to require markings of firearms.

Alternatives

These Regulations are the best means available to require marking of firearms and to allow Canada to ratify the international conventions.

Benefits and Costs

Canada will now be able to ratify the international conventions to which it is a signatory. The marking requirements have been kept simple so that compliance can be relatively easy and at low cost.

It is not expected that the marking regulations will increase program costs; however, there may be some costs associated with the monitoring of the requirements by law enforcement officers. Some costs will also be borne by firearms businesses that import and manufacture firearms to obtain the equipment necessary to comply with the marking requirements. Since Canadian manufacturers already stamp or engrave serial numbers and their own branding on firearms, it is anticipated that their costs would not increase.

Ensuring correct identification of firearms through stamping promotes unique firearm identification through serial numbering. Unique serial numbering eliminates the issuing of a Firearm Identification Number to be placed on the firearm, promoting cost savings for the business community as well as the program.

These marking requirements also lend support to firearms tracing where firearms are recovered at crime scenes, found or seized.

Consultation

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.

Compliance and Enforcement

It is an offence, pursuant to section 103 and 104 of the Criminal Code to import a firearm other than under the authority of the Firearms Act or of any regulation made under that Act.

Contact

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

PROPOSED REGULATORY TEXT

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 Firearms Marking 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).

June 13, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

FIREARMS MARKING REGULATIONS

INTERPRETATION

1. (1) The following definitions apply in these Regulations.

"Act" means the Firearms Act. (Loi)

"agency firearm" means a firearm which a public service agency has for use by public agents. (arme à feu d'agence)

"protected firearm" means a firearm which is in the care and responsibility of a public service agency for purposes other than its use by a public agent. (arme à feu protégée)

"public agent" means

(a) any of the following persons in the course of their duties or for the purposes of their employment:

(i) peace officers,

(ii) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

(iii) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers, and

(iv) chief firearms officers and firearms officers, and

(b) an individual acting on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province. (agent public)

"public service agency" means a police force, a department or agency of the public service of Canada or of a province or municipality, a police academy or other public agency that employs or has under its authority public agents. (agence de services publics)

"specially imported firearm" means a firearm imported by way of a declaration made in accordance with the Temporary Importation (Excise Levies and Additional Duties) Regulations authorized under the Customs Tariff, by a business that is the holder of a licence for a purpose prescribed in section 22 of the Firearms Licences Regulations. (arme à feu d'importation spéciale)

(2) For greater certainty, "transfer" means transfer as defined in subsection 84(1) of the Criminal Code.

MANUFACTURE

2. (1) Every individual or business that manufactures a firearm shall, at the time of manufacture, mark it by permanently stamping or engraving on the frame or receiver of the firearm the letters "CA", the name of the manufacturer and the firearm's serial number.

(2) The individual or business, as the case may be, shall ensure that the information referred to in subsection (1) is legible, visible to the naked eye and visible without the need to disassemble the firearm.

IMPORTATION

3. (1) Every individual or business that imports a firearm shall mark it by permanently stamping or engraving on the frame or receiver of the firearm the letters "CA" and the last two digits of the year of its importation before transferring the firearm or within 60 days after importing it, whichever occurs first.

(2) The individual or business, as the case may be, shall ensure that the information referred to in subsection (1) is legible, visible to the naked eye and — unless exempted by the Registrar under subsection (3) — visible without the need to disassemble the firearm.

(3) The Registrar, on application by the individual or business, shall grant the exemption if the firearm is

(a) rare;

(b) of a value that is unusually high for that type of firearm and that value would be significantly reduced if the information were visible without disassembly; or

(c) imported by a business that holds a licence for the purpose of using the firearm in respect of motion picture, television, video or theatrical production or in publishing activities.

(4) This section does not apply to

(a) a firearm imported by an individual under section 35, 35.1 or 40 of the Act;

(b) a specially imported firearm;

(c) a firearm that is marked, before it is imported, in accordance with subsections (1) and (2); or

(d) a firearm that was exported, that is re-imported by a public service agency and that was retained by that agency as a protected firearm or as an agency firearm while the firearm was outside Canada.

TAMPERING WITH MARKINGS

4. No person shall knowingly remove, alter, obliterate or deface the markings on a firearm.

COMING INTO FORCE

5. These Regulations come into force on the day on which subsection 54(2) of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, comes into force.

[25-1-o]

Regulations Amending the Firearms Fees Regulations

Statutory Authority

An Act respecting firearms and other weapons

Sponsoring Department

Canadian Firearms Centre

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Regulations amend the Firearms Fees Regulations (SOR/98-204). While fees for individual residents have not changed, fees for non-residents have been adjusted to reflect cost of living increases. It is important to note, however, that non-residents can now obtain a confirmed declaration permitting the importation of firearms valid for one year rather than 60 days.

Business licence fees are grouped into new categories by activity and adjusted to reflect the new business licence terms, as amended in the Firearms Act: three years for all businesses (other than businesses that sell ammunition only, for which the term is now five years). Since some businesses may be given a term less than the maximum of three (or five) years, the Regulations will allow pro-rating of those fees at an annual rate.

Registration fees for commencement-day firearms are being repealed in favour of one fee for all registration certificates, whether the firearm is acquired by transfer or newly imported.

Alternatives

These Regulations are the only means available to amend the Firearms Fees Regulations. The amendments are required in conjunction with amendments made to the Firearms Act and with amendments to other regulations made under the Firearms Act that are being pre-published along with these Regulations.

Benefits and Costs

Most fees for individuals were kept at the original levels set in 1998 in order to encourage continued compliance for firearm owners, particularly as the first cycle of licence renewals become due. Potential hardship and equity were also considered in the decision not to increase fees related to individuals.

While fees for non-residents importing firearms to Canada have increased, this is consistent with cost of living increases and practices in other sectors. As a result of changes to the non-resident fees, it is anticipated, presuming volumes continue at present levels, that revenue for the Program will increase by approximately $2 million annually. In addition, it is hoped that non-residents will be encouraged to apply for a one-year declaration rather than the 60-day declaration, given that fees will be the same regardless of the term of the declaration. The one-year confirmed declaration will be pre-processed by the Registrar who will be able to pre-screen applicants, while the 60-day declaration is completed at the border.

Amendments to the Firearms Act increased all business licence terms from a one-year maximum duration to a three-year duration (except for those businesses licensed to sell ammunition only, where the term was extended to five years). The proposed fee changes would align the fees with the new term. It is anticipated that some efficiencies could result, given that the collection of business fees will be done on a three- or five-year basis rather than annually. It is not anticipated that revenue would increase over a three- to five-year cycle with respect to business licences fees.

In addition, the fee structure for businesses is being simplified. Business activities have been regrouped and the number of different fees to be administered has been reduced. This will again facilitate the effective administration of the fee structure.

It will be difficult, however, to determine the financial impact of the streamlining of business fees until experience is gained in administering the new fee structure. The overall scheme contained in these Regulations, in other regulations being amended, and in the amendments to the Firearms Act is meant to simplify the Canadian Firearms Program and to find ways to administer it more cheaply and efficiently. The intent with respect to these changes is to bring the Program into line with the Action Plan on Firearms introduced by the Solicitor General and the Minister of Justice in February 2003.

Consultation

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.

Compliance and Enforcement

Pursuant to section 54 of the Firearms Act, an application for a licence, registration certificate or authorization must be accompanied by the prescribed fee.

Contact

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

PROPOSED REGULATORY TEXT

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 Fees 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).

June 13, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FIREARMS FEES REGULATIONS

AMENDMENTS

1. Section 2 of the Firearms Fees Regulations (see footnote 3)  is replaced by the following:

2. Subject to sections 2.1 to 6, the fee payable by an individual for the issuance or renewal of a licence referred to in column 1 of Schedule 1 is the appropriate fee set out in column 2.

2.1. If a possession licence for firearms or a possession and acquisition licence for firearms is issued for a period that is less than its maximal period, the fee payable is prorated on an annual basis.

2. Sections 3 to 8 of the Regulations are replaced by the following:

3. If an individual has held a possession licence for firearms for at least one year and not more than three years and that individual makes an application for a possession and acquisition license for firearms, the fee payable for that licence is reduced by 50%.

4. If an individual has held a possession and acquisition licence for non-restricted firearms for at least one year and not more than three years and that individual makes an application for a possession and acquisition licence for restricted or prohibited firearms, the fee payable for that licence is reduced by 50%.

5. The fee payable for a minors' possession licence for firearms is waived in respect of an individual who is eligible to hold the licence under subsection 8(2) of the Act.

6. The fee payable for a possession licence for non-restricted firearms, or for a possession and acquisition licence for non-restricted firearms, is waived in respect of individuals who require firearms to hunt or trap in order to sustain themselves or their families.

3. Section 9 of the Regulations is replaced by the following:

9. (1) Subject to subsections (2) and (3), the fee payable by a business for the issuance of a licence to carry on an activity referred to in column 1 of Schedule 2 is the appropriate fee set out in column 2.

(2) If there are two or more activities described in column 1 of Schedule 2 that are carried on by a business in the same place, the fee payable by the business for a licence to carry on those activities is the greatest of the appropriate fees set out in column 2 for those activities.

(3) If a licence referred to in subsection (1) is issued for a period that is less than its maximal period, the fee payable is prorated on an annual basis.

4. Section 10 of the Regulations is replaced by the following:

10. The fee payable by an individual for the issuance of a registration certificate for a firearm described in column 1 of Schedule 3 is the appropriate fee set out in column 2.

5. Sections 11 and 12 of the Regulations are replaced by the following:

12. The fee payable for the issuance of a registration certificate for a non-restricted firearm is waived in respect of individuals who require firearms to hunt or trap in order to sustain themselves or their families.

6. Section 14 of the English version of the Regulations is replaced by following:

14. If the registration certificate for a firearm was revoked under paragraph 10(b) of the Firearms Registration Certificates Regulations following a modification to the firearm, the fee for the issuance of a registration certificate for the modified firearm is reduced by 50%.

7. Sections 15 to 15.2 of the Regulations are replaced by the following:

15. If an individual to whom more than 10 firearms are transferred by succession has paid the appropriate fees referred to in section 10 for registration certificates in respect of 10 of those firearms, the fees payable are waived in respect of the issuance of a registration certificate for the eleventh firearm and any additional firearms transferred at that time as part of the devolution of the estate.

8. Section 16 of the Regulations is replaced by the following:

16. Subject to sections 17 to 20, the fee payable for the issuance of an authorization or a confirmation referred to in column 1 of Schedule 4 is the appropriate fee set out in column 2.

9. Sections 17 to 20 of the Regulations are replaced by the following:

17. If an individual or business has paid a fee for an authorization to import or export and, within 12 months after the issuance of the authorization, requests additional authorizations, the fees payable are waived for the two hundred and fifty-first additional authorization and any subsequent authorizations that are requested within that period.

18. If an individual or business has, for the purpose of exporting a firearm to be repaired, paid a fee for an authorization to export, the fee for the issuance of an authorization to import that firearm is waived when the firearm is imported after having been repaired.

19. If an individual has paid a fee for an authorization to carry for a lawful profession or occupation for a period of one year or less and, within 12 months after its issuance, requests such an authorization in respect of one or more other provinces, the fee payable for the authorizations requested within that period is waived.

20. If a non-resident has paid a fee for a confirmation made under paragraph 35(1)(d) of the Act and requests one or more additional confirmations, the fee payable for the first subsequent confirmation is waived if

(a) the initial confirmation and the request for the first subsequent confirmation are for a declaration referred to in paragraph 36(1)(b) of the Act; and

(b) the request is made within 60 days after the issuance of the initial confirmation.

10. Section 21 of the Regulations is replaced by the following:

21. (1) Subject to subsection (4), the fee payable for the replacement of a lost, stolen or damaged licence, including any document referred to in subsection 120(4) of the Act, any authorization or any confirmation, is $25.

(2) Subject to subsection (3), the replacement fee for a lost, stolen or damaged registration certificate is $10.

(3) If more than one registration certificate is printed on the same page, the replacement fee for the additional certificates is waived.

(4) The replacement fee for a lost, stolen or damaged document referred to in section 6 or 12 or authorization to import or to export is waived.

11. Schedule 1 to the Regulations is replaced by the following:

SCHEDULE 1 (Section 2)

FEES FOR LICENCES — INDIVIDUALS

PART 1

RENEWAL — POSSESSION LICENCE



Item
Column 1

Licence
Column 2

Fee
1. Possession licence for firearms (section 6*)  
  (a) non-restricted firearms $60
  (b) restricted firearms $60
  (c) prohibited firearms $60

PART 2

ISSUANCE OR RENEWAL — OTHER LICENCES



Item
Column 1

Licence
Column 2

Fee
1. Minors' Possession licence for firearms
(section 9*)
 
  (a) for a period of up to one year $10
  (b) for a period of more than one year but not more than two years
$20
  (c) for a period of more than two years $30
2. Non-resident's 60-day possession licence (borrowed firearms) (section 10*)
$30
3. Possession and acquisition licence for firearms (section 3*)  
  (a) non-restricted firearms $60
  (b) restricted firearms $80
  (c) prohibited firearms $80

* NOTE: The section referred to after each licence is a reference to the relevant section of the Firearms Licences Regulations.

12. Schedule 2 to the Regulations is replaced by the following:

SCHEDULE 2 (Section 9)

FEES FOR LICENCES — BUSINESSES



Item
Column 1

Business Activity
Column 2

Fee
1. Operation of a museum; display or storage of firearms by the Royal Canadian Legion or an organized group of veterans of any armed forces of Canada or of a police force


$40
2. Retail sales of ammunition $40
3. Attendance at an out-of-province gun show $40
4. Gunsmithing; retail sales of fewer than
50 non-restricted firearms per year; storage of firearms; selling at auction; sales as an agent; manufacturing, processing or assembling of prohibited devices other than replica firearms, or of prohibited or restricted weapons or of prohibited ammunition; manufacturing, supply or possession of non-prohibited firearms or of replicas for theatrical productions or publishing activities; any other purpose prescribed under section 22 of the Firearms Licence Regulations










$325
5. Retail sales of restricted or prohibited firearms or of 50 or more non-restricted firearms per year; taking in pawn; wholesale sales and manufacture of ammunition; possession or supply of non-restricted and restricted firearms, prohibited handguns, prohibited devices including replica firearms and prohibited weapons to the motion picture, video, television or theatrical productions and publishing activities







$750
6. Wholesale sales and manufacture of firearms; possession or supply of prohibited firearms other than handguns to the motion picture, video, television or theatrical productions and publishing activities



$3000
7. Transportation of firearms by a carrier $750
8. Activities other than those set out in items 1 to 7 $40

13. Schedule 3 to the Regulations is replaced by the following:

SCHEDULE 3 (Section 10)

FEES FOR EACH REGISTRATION CERTIFICATE — INDIVIDUALS



Item
Column 1

Firearms
Column 2

Fee
1. Restricted firearms $25
2. Prohibited firearms $25
3. Non-restricted firearms $25

14. Schedule 4 to the Regulations is replaced by the following:

SCHEDULE 4 (Section 16)

FEES FOR AUTHORIZATIONS AND CONFIRMATIONS



Item
Column 1

Description
Column 2

Fee
1. Authorization to import $20
2. Authorization to export $20
3. Authorization to carry — to protect life $115
4. Authorization to carry — lawful profession or occupation  
  (a) for a period of 1 year or less $50
  (b) for a period of more than 1 year $100
5. Confirmation made under  
  (a) subsection 35(1) of the Act (importation by a non-resident without a licence)
$70
  (b) subsection 35.1(2) of the Act (importation of a non-registered firearm by a non-resident who holds a licence)
$40

COMING INTO FORCE

15. These Regulations come into force on the day on which subsection 40(2) of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, comes into force.

[25-1-o]

Footnote 1 

SOR/98-214

Footnote 2 

SOR/98-215

Footnote 3 

SOR/98-204

 

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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Updated: 2006-11-23