Vol. 140, No. 23 — November 15, 2006

Registration
SOR/2006-258 October 26, 2006

FIREARMS ACT

Regulations Amending the Public Agents Firearms Regulations

P.C. 2006-1134 October 26, 2006

Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that the changes made to the Public Agents Firearms Regulations (see footnote a) by the annexed Regulations Amending the Public Agents Firearms Regulations are so immaterial and insubstantial that section 118 of the Firearms Act (see footnote b) should not be applicable in the circumstances;

And whereas the Minister of Public Safety and Emergency Preparedness will, in accordance with subsection 119(4) of the Firearms Act (see footnote c), have a statement of the reasons why he formed that opinion laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 117 (see footnote d) of the Firearms Act (see footnote e), hereby makes the annexed Regulations Amending the Public Agents Firearms Regulations.

REGULATIONS AMENDING THE PUBLIC AGENTS FIREARMS REGULATIONS

AMENDMENTS

1. The Public Agents Firearms Regulations (see footnote 1) are amended by replacing the expression "October 31, 2006" with the expression "October 31, 2008" in the following provisions:

(a) subsections 8(1) and (1.1);

(b) subsection 9(1);

(c) subsection 10(1);

(d) subsection 16(3).

2. The Regulations are amended by replacing the expression "October 31, 2007" with the expression "October 31, 2009" in the following provisions:

(a) subsections 8(1) and (1.1);

(b) subsection 8.1(1); and

(c) subsection 16(3).

3. Subsection 18(2) of the Regulations is replaced by the following:

(2) Sections 8 to 10.2 and 12 to 16 come into force on October 31, 2008.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Regulations amend the coming into force date, from October 31, 2006 to October 31, 2008, of those sections of the Public Agents Firearms Regulations, SOR/98-203 that require public agencies to report their inventories of firearms to the Registrar. Extensive substantive amendments were made to the Regulations on November 29, 2004 (SOR/2004-265). In addition to the coming into force date, dates related to reporting are adjusted throughout the Regulations, to insure that agencies have one year to report the inventory they possess on the coming into force date.

Alternatives

The alternative to deferring the coming into force date of these Regulations is to bring the Regulations into force as planned on October 31, 2006. Given the requirement for stakeholders to be advised of the changes and their effect, and the need to provide proper technological support to public agencies and to the Registrar, it is preferable to defer these Regulations at this time.

Benefits and Costs

The deferral of the coming into force of the reporting requirements of the Public Agents Firearms Regulations is cost neutral and will allow the RCMP to plan or request additional funding in order to implement the Regulations. However, the delay should provide a period of time during which systems may be adjusted such that the Registrar will have a cost-effective, efficient process for recording these firearms. Agencies that must report their inventories of firearms will also benefit from the delay, since it will provide them with additional time to plan and implement the procedures required to meet the requirements under the Regulations and allow them to become familiar with the amendments that were made in 2004.

Consultation

Consultations on these Regulations were undertaken with some stakeholders, including Chief Firearm Officers and some police agencies. The proposed deferral of the reporting requirements was generally well received.

Information will be sent to groups most likely to be affected by the deferral, for example, public agencies. Updated Website materials and information for distribution through the 1-800 public inquiry line will also be prepared. Media relations will be handled on a response basis.

Compliance and Enforcement

While the reporting requirements of the Public Agents Firearms Regulations will not come into force until October 31, 2009, it is important to note that these Regulations only apply to firearms possessed by police and other public service agencies. There is no impact on the requirements that apply to individuals or businesses.

Contact

Legal Services
Canadian Firearms Centre
Royal Canadian Mounted Police
Ottawa, Ontario
K1A 1M6
Telephone: 1-800-731-4000
FAX: (613) 941-1991

Footnote a

SOR/98-203

Footnote b

S.C. 1995, c. 39

Footnote c

S.C. 1995, c. 39

Footnote d

S.C. 2003, c. 22, par. 224(z.38)

Footnote e

S.C. 1995, c. 39

Footnote 1

SOR/98-203

NOTICE:
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