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JURI Committee Report

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CHAPTER 1 - INTRODUCTION

1. MANDATE OF THE COMMITTEE

Canadian firearms laws were extensively reorganized by Bill C-68, given Royal Assent on 5 December 1995 (now S.C. 1995, c. 39), which created a new Firearms Act containing regulatory provisions. Criminal penalties remain in the amended Part III of the Criminal Code dealing with firearms and other weapons. The Act contains many new or expanded regulation-making powers, the exercise of which will establish critical elements of the gun control regime. Because of the significance of regulations made pursuant to firearms legislation, and their application to the activities of Canadians, a somewhat extraordinary process of parliamentary review was included in this legislation.

Although the Standing Joint Committee for the Scrutiny of Regulations is mandated to examine all regulations after they have been made, in the case of any new firearms regulations, Parliament decided it would review them before they could be made. Pursuant to section 118 of the Firearms Act, the Minister of Justice is required to have the proposed regulations laid before each House of Parliament for consideration. The appropriate committee of each House is given a mandate to conduct enquiries and hold public hearings, and to report its findings.

On 27 November 1996, the former Minister of Justice tabled a first set of 11 draft regulations in Parliament. All were to be made pursuant to the enabling powers of section 117 of the Firearms Act. The predecessor to this Committee tabled a report in February 1997 making 39 recommendations for changes to the proposed regulations. In the Government's response to the Eighth Report of the House of Commons former Standing Committee on Justice and Legal Affairs, the Minister of Justice accepted virtually all of the recommendations made in the unanimous report.

On 30 October 1997, the Minister of Justice tabled a new set of 6 draft regulations in Parliament. In addition, amendments to the regulations originally tabled in November 1996 were included. Pursuant to Standing Order 32(5) of the House of Commons and subsection 118(1) of the Firearms Act, these draft regulations were referred to the Committee for examination.

2. EXAMINATION OF THE DRAFT REGULATIONS

Members of the Committee welcomed both the opportunity and the challenge afforded by a parliamentary review of the draft regulations. Because of the importance of these draft regulations, a comprehensive study was conducted. The Committee heard 57 witnesses representing 32 groups at hearings held between 19 November 1997 and 27 November 1997, and received numerous written submissions (see appendix B).

Following careful consideration of all oral and written submissions, the recommendations in this report represent the Committee's conclusions as to the required additions and changes to the draft regulations considered necessary to make them as fair and effective as possible.

CHAPTER 2 - GENERAL RECOMMENDATIONS

1. COMMUNICATION PROGRAMS

The Committee is convinced that effective communication programs are essential to the proper implementation of this legislation. As stated by one of the witnesses appearing before us, individuals and businesses will only be able to understand their obligations if they are first informed of them. In addition, if the communications programs are effective, they can reduce the many misunderstandings regarding this legislation. We would therefore urge the Department of Justice to continue to send copies of the regulations, along with plain language guides, fact sheets and other explanatory material, to firearms associations, dealers, gun clubs and other organizations. The information should also be made available to individual firearms owners and to the Canadian public in general.

Communications efforts should remain a priority, and programs such as the 1-800 service, the Canadian Firearms Centre "Bulletin" and "In Sight" Newsletter, should be publicized and distributed as widely as possible. An advertising blitz should precede the initial implementation of the Firearms Act on 1 October 1998, to ensure that all are informed that the legislation will soon be in force. The Committee believes that it is important that these communication efforts continue after the initial implementation, particularly during the transitional period when licensing and registration are being phased in, so as to ensure that those affected are aware of the requirements of the new law.

We believe that particular emphasis should be placed on communication programs to advise both residents and non-residents of requirements relating to importation and exportation of firearms. Prior to 1 January 2001, the requirements of the Customs Tariffs should be widely advertised. In addition, the requirements of the Firearms Act that will come into force on that date should be widely advertised prior to their implementation. It should be made clear that these requirements will apply to anyone crossing the border with a firearm, and are not tied in any way to the sort of commercial purpose that many people may regard as being part of an "import" or "export." They also apply to both newly imported firearms and those owned by individuals in Canada which are being taken out for the purpose of hunting, target-shooting, gun shows or other purposes, or being brought back into Canada.

Finally, the Committee urges the Department of Justice to work in conjunction with Canadian, provincial and territorial tourism and other agencies, and Canadian-based firearms-related businesses to ensure that any adverse effects of the cross-border provisions on hunting, tourism and commerce are minimized. They should find ways to counter misleading information being disseminated in other countries, particularly the United States, and ensure that the provisions of the legislation are well known outside Canada. The Committee believes that if accurate information were more readily available, there would be less resistance to this legislation by both residents and non-residents of Canada.

Recommendation 1

The Committee recommends that the Department of Justice continue to send copies of the regulations, along with plain language guides, fact sheets and other explanatory materials, to all interested parties.

Recommendation 2

The Committee recommends that communication programs remain a priority and that an advertising blitz precede the initial implementation of the Firearms Act. Communication programs should also continue after implementation, particularly during the transitional period when licensing and registration are being phased in.

Recommendation 3

The Committee recommends that communication programs place particular emphasis on informing both residents and non-residents of Canada about the requirements relating to importation and exportation of firearms, both prior to and after the implementation, on 1 January 2001, of the provisions of the Firearms Act dealing with importing and exporting.

Recommendation 4

The Committee recommends that the Department of Justice work in conjunction with Canadian, provincial and territorial tourism and other agencies, and Canadian-based firearms-related businesses to ensure that any adverse effects this legislation may have on hunting, tourism and commerce are minimized.

2. ABORIGINAL PEOPLES

The Committee heard from two aboriginal groups, the Assembly of First Nations and the Metis National Council. In their testimony, these groups questioned the constitutional validity of firearms legislation as it applied to their peoples. Their main concerns were that they had not been properly consulted with respect to the legislation and that the legislation infringed on constitutionally protected aboriginal rights.

The Committee is sympathetic to the issues raised by these groups and urges that further discussions be held between the Department of Justice and aboriginal groups in order to ease their concerns.

Recommendation 5

The Committee recommends that the Department of Justice and other authorities involved in the implementation of firearms legislation continue to work with aboriginal groups so as to ensure that aboriginal and treaty rights are fully respected.

3. FIREARMS BUSINESSES

While the Committee does not have a specific recommendation to make regarding firearms businesses, we strongly believe that the Department of Justice and other authorities in charge of implementing firearms legislation should ensure that these businesses face the least onerous regulatory and financial burden possible under the circumstances. Without compromising the safety objectives of the legislation, administrative processes must be developed that would soften the impact it will have on firearms businesses. The Committee believes the regulatory and financial aspects of firearms legislation must not have the effect of forcing these companies out of business or out of the country.

Recommendation 6

The Committee recommends that the Department of Justice and other authorities involved in the implementation of firearms legislation ensure that the least onerous regulatory and fiscal burden possible be placed on firearms businesses, bearing in mind the safety objectives of the legislation.

4. CORRECTIONS OF TYPOGRAPHICAL ERRORS

During our hearings, the Committee became aware of certain typographical errors in the proposed draft regulations. For example, subsection 2(2) of the Firearms Registration Certificates Regulations refers to subparagraph 6(1)(a)(i) of the same regulation. The Committee notes that such a subparagraph does not exist. Similarly, paragraph 7(2)(b) of the Gun Shows Regulations refers to paragraph 10(b): the reference should be to paragraph 9(b). Witnesses and members of the Committee noted other similar errors. The Committee wants the proposed regulations to be thoroughly edited and corrected so as to eliminate all errors, omissions, inconsistencies and redundancies they may now contain.

Recommendation 7

The Committee recommends that the proposed regulations be thoroughly edited to ensure that there are no errors, omissions, inconsistencies and redundancies.

CHAPTER 3 - FIREARMS REGISTRATION CERTIFICATES REGULATIONS

1. VERIFICATION OF BUSINESS INVENTORIES AND NEW IMPORTS ON REGISTRATION.

After hearing the testimony of witnesses appearing before us, the Committee believes that new provisions should be added to this regulation to require verification by an approved verifier at the time of the registration of certain firearms. These would include commencement day business inventories, post-commencement day manufacturing and acquisitions in Canada by businesses and imports by businesses. It would also include imports of new firearms by individuals after commencement day, whether non-restricted or restricted. This requirement would apply when the legislation is implemented, on 1 October 1998.

Recommendation 8

The Committee recommends that new provisions be added to this regulation to require businesses to obtain verification at the time of registration of their commencement day inventories, for firearms manufactured or acquired in Canada after commencement day and for their imports. The requirement would also apply to new imports by individuals. The requirement would apply as soon as the legislation is in force.

2. NOTICE REQUIREMENTS CONCERNING MODIFICATIONS TO FIREARMS

Some witnesses were concerned with subsection 3(a) of the proposed regulation requiring the holder of the certificate to advise the Registrar of any modification to the firearm that could result in a change of class of the firearm. They were of the opinion that this was too vague and could cover almost any modification to a firearm. We believe that it should be made clear that the requirement to notify should apply only to modifications that do result in a change of class of the firearm.

The Committee notes that there appeared to be significant misunderstanding as to the intent of subsection 3(b) of the proposed regulation, which requires the holder of the certificate to notify the Registrar of any modification to the action, calibre or barrel length of the firearm if it is registered as a frame or receiver, whether or not the modification results in a change of class of the firearm. The intent is that any such modification be reported only if a frame or receiver of a firearm, rather than a complete firearm, has been registered. Subsection 3(b) should be amended to clarify that the notification requirement in this subsection would apply only to firearms that are registered "as a frame or receiver only." Once the Registrar determines that the frame or receiver has been augmented to form a complete firearm, and the class of the complete firearm is clear, only modifications that change that class would need to be reported under subsection 3(a).

Recommendation 9

The Committee recommends that the word "could" be deleted from subsection 3(a).

Recommendation 10

The Committee recommends that subsection 3(b) be amended to clarify that the notification requirement regarding modifications to the action, calibre or barrel length would apply only to firearms registered as a "frame or receiver only" rather than a complete firearm.

3. NAKED EYE VISIBILITY OF THE FIREARM IDENTIFICATION NUMBER

Section 7 of the proposed regulation allows the holder of a registration certificate, under specified circumstances, to affix the firearm identification number to a place on the frame or receiver of the firearm that is not visible to the naked eye without disassembly. One such circumstance occurs when a commencement day firearm is rare or of unusually high value and would be significantly devalued due to a visible firearm identification number. This option would not be available, however, for rare or valuable firearms that are imported into Canada after commencement day. The Committee believes that the option of allowing the sticker or the stamped firearm identification number to be placed on the frame or receiver in a place that is not visible to the naked eye without disassembly should be available to all post-commencement day rare or unusually valuable firearms.

Recommendation 11

The Committee recommends that subsection 7(c) of the proposed regulation be amended by deleting the words "commencement day."

4. REVOCATION OF REGISTRATION CERTIFICATES

Section 9 of the proposed regulation requires that the Registrar revoke a registration certificate if the holder contravenes any condition attached to the certificate or is advised of a modification that changes the class of the firearm or a modification to the action, calibre or barrel length of a firearm registered as a frame or receiver only. The Committee is concerned about the mandatory nature of the revocation and suggests there may be circumstances where the Registrar should be in a position to exercise some discretion; for example, in a case when the person's contravention of a condition can be easily rectified.

Recommendation 12

The Committee recommends that section 9 of the proposed regulation be amended by substituting the word "may" for "shall."

5. NOTICE OF REFUSAL OR REVOCATION

Paragraph 10(2)(b) of the proposed regulation would deem a notice of refusal or revocation regarding a registration certificate to be received on the fifth working day, excluding Saturdays and holidays, after the postmark date, if it is sent by mail or after the date of shipment on the waybill, if it is sent by courier. The Committee believes that this deeming provision should apply after the tenth working day excluding Saturdays and holidays.

Recommendation 13

The Committee recommends that paragraph 10(2)(b) be amended by substituting the word "tenth" for "fifth."

6. THE FORM OF THE REGISTRATION CERTIFICATE

Witnesses were concerned about the information (name, address or date of birth) that would be available on the face of a registration certificate and the possible consequences of this information falling into the wrong hands. Although the form of the registration certificate is to be prescribed by the Minister and is not dealt with in these regulations, the Committee feels compelled to make a recommendation regarding the form of the registration certificate. Without compromising the use to be made of registration certificates, as much information as possible on it should be in an illegible (for example, by encryption) form.

Recommendation 14

The Committee recommends that as much information as possible on the face of the registration certificate be encoded or encrypted.

7. THE ESTABLISHMENT OF A VERIFIERS NETWORK

If our recommendations are accepted, verification will be required for commencement-day business inventories, post-commencement day manufacturing and acquisitions by businesses, imports by businesses, imports of new firearms by individuals and on the transfer of restricted and prohibited firearms. In addition, verification will be available on a voluntary basis to individuals registering their commencement day firearms.

After hearing testimony on this issue, the Committee encourages individuals to have their information verified on registration. In order to allow individuals to have their information voluntarily verified and to accommodate those who are required to have their information verified, a network involving a sufficient number of verifiers should be in place by 1 October 1998, when the legislation is implemented.

Recommendation 15

The Committee recommends that a sufficient number of verifiers be in place by 1 October 1998, when the legislation is implemented.

CHAPTER 4 -IMPORTATION AND EXPORTATION OF FIREARMS REGULATIONS (INDIVIDUALS)

1. STREAMLINED BORDER PROCESSES

Since complications at border-crossings can have an impact on whether or not a person will visit the country, Revenue Canada, Customs and Excise and the Department of Justice should ensure that the cross-border processes designed for implementation on 1 January 2001, are as streamlined as possible. This would apply to both residents and non-residents.

New firearms imported into Canada by individuals will need to be registered and verified as of 1 October 1998. Until these regulations come into force on 1 January 2001, Revenue Canada, Customs and Excise, should facilitate the registration process of these firearms by providing information and forms and, if possible, by assisting with verification.

Recommendation 16

The Committee recommends that Revenue Canada, Customs and Excise and the Department of Justice ensure that the cross-border processes designed for implementation on 1 January 2001, be as streamlined as possible.

Recommendation 17

The Committee recommends that until this regulation comes into force on 1 January 2001, Revenue Canada, Customs and Excise provide information and forms to Canadians importing new firearms, and, if possible, assist with verification.

CHAPTER 5 - SHOOTING CLUBS AND SHOOTING RANGES REGULATIONS

1. RANGE SAFETY OFFICER

The proposed regulation defines a range safety officer as the individual responsible for the safety rules of the shooting range or shooting club. Witnesses appearing before the Committee expressed concerns about the concept of a range safety officer. They were worried about the extent of the range safety officer's responsibility and liability for incidents arising from the application of the safety rules of the shooting range or shooting club. The Committee shares these concerns and believes that the shooting club or shooting range itself should be responsible for developing and disseminating safety rules.

Recommendation 18

The Committee recommends that this proposed regulation be amended to remove the concept of range safety officer and that the shooting club or shooting range itself should be responsible for developing and disseminating safety rules.

2. THE DEFINITION OF A "SHOOTING CLUB"

We believe that the definition of a "shooting club" should be clarified by indicating that only those clubs associated with one or more approved shooting ranges are included in the definition. Thus, if an organization does not host competition events at a shooting range and is more of an administrative organization, it will not be included in the definition and will not need approval.

Recommendation 19

The Committee recommends that the definition of "shooting club" be clarified by indicating that only those clubs associated with one or more approved shooting ranges are included in the definition.

3. INSURANCE REQUIREMENTS

Sections 3 and 4 of the proposed regulation require that shooting clubs and shooting ranges obtain evidence of at least $2 million of comprehensive business liability insurance, including errors and omissions insurance with continuous coverage. Many witnesses were concerned with the use of phrases such as "errors and omissions insurance" and "continuous coverage." They were of the opinion that the insurance requirements as described in these sections would not be available. We agree and would ask the Department of Justice to clarify the liability insurance requirement and to consult with the insurance industry concerning the appropriate way of describing the nature of coverage required. The Department of Justice should work with the insurance industry to develop a standardized liability product to cover these circumstances.

In addition, the Committee would like to state that it understands that if the same entity is both a shooting range and a shooting club, one insurance policy with a total of at least $2 million coverage will comply with the requirement of this regulation.

Recommendation 20

The Committee recommends that the Department of Justice clarify the liability insurance requirements set out in sections 3 and 4 of the proposed regulation. It should consult with the insurance industry about the appropriate description of the coverage required and should work with the insurance industry in developing a standardized liability product.

4. CLUB SAFETY RULES

Witnesses appearing before the Committee were concerned that pursuant to the proposed regulation, safety rules of a shooting club would prevail over the safety rules of a shooting range. They felt that the rules of the shooting range would be more appropriate under the circumstances. Since the safety rules established by each approved shooting range should be comprehensive enough to cover any shooting activities taking place on the range, the reference in the proposed regulation that the safety rules of a shooting club prevail over those of the shooting range should be deleted. The Department of Justice should review how club safety rules and range safety rules are to interact.

Recommendation 21

The Committee recommends that the reference in subsection 5(2) that the safety rules of a shooting club are to prevail over the safety rules of a shooting range be deleted.

5. RECORDS CONCERNING GUESTS OF SHOOTING CLUBS

Section 14 of the proposed regulation states that the operator of a shooting club will supply a written description of a member's, officer's or guest's participation in target practice or target shooting competitions within the last five years. This information is required for the purposes of subsection 67(2) of the Firearms Act, which requires the chief firearms officer to confirm that licence holders who possess restricted firearms and prohibited handguns are using them for the purpose for which their acquisition was approved or which the owner designated in regard to commencement day firearms. While section 13 of the proposed regulation requires a shooting club to keep certain records on members of the club, there is no requirement to keep records on guests of the club.

In order to satisfy the requirements of the Act and its regulations, we believe that section 13 should include a requirement that a shooting club keep a record of the names, addresses and phone numbers of guests who participate in shooting activities at an approved range under the sponsorship of officers or members of the shooting club. This requirement would be limited to guests who use restricted firearms and prohibited handguns.

Recommendation 22

The Committee recommends that section 13 of the proposed regulation be amended to include a requirement that shooting clubs keep records of guests who participate in shooting activities of a shooting club, using restricted firearms or prohibited handguns.

6. RECORDS OF SHOOTING CLUBS

There appeared to be significant misunderstanding as to the extent of the record-keeping requirements under sections 13 and 14 of this proposed regulation. These sections should be clarified to indicate that shooting clubs need only keep records of current or past members or officers who participate in shooting activities involving restricted firearms or prohibited handguns. As stated in the previous section, these are persons who are the subject of section 67(2) of the Firearms Act. No records would have to be kept regarding the use of other firearms.

Recommendation 23

The Committee recommends that sections 13 and 14 of the proposed regulation be clarified to indicate that shooting clubs need only keep records of current or past members or officers who participate in shooting activities involving restricted firearms or prohibited handguns.

7. COMPLIANCE INFORMATION

Many witnesses appearing before the Committee were concerned about the requirements to provide copies of, and evidence of compliance with, any operating licences required by federal, provincial or municipal laws and evidence that the shooting range complies with any federal, provincial or municipal legislation that applies to the establishment and operation of such a facility in regard to environmental protection. The Committee notes that these requirements do not impose any new obligations but rather require only that evidence of compliance be presented when seeking approval of a shooting range.

The Committee realizes that it can be difficult to identify all applicable federal legislation that is referred to in section 3 of the proposed regulation. Thus, the Department of Justice should provide assistance to those seeking approval of a shooting range by identifying the applicable federal legislation referred to in paragraphs 3(2)(e) and (g) regarding required federal operating licences and federal environmental protection legislation.

Recommendation 24

The Committee recommends that the Department of Justice provide assistance to those seeking approval of a shooting range by identifying the applicable federal legislation referred to in paragraphs 3(2)(e) and (g).

8. GRACE PERIOD FOR NEWLY-REGULATED LONG GUN RANGES

Witnesses expressed concern that the implementation of this regulation would lead to the closure of some shooting ranges that would not satisfy the requirements that have been established. They were particularly concerned with shooting ranges that were not previously regulated by provincial authorities. They were of the opinion that many of these ranges would not be in a position to satisfy the requirements on the implementation date.

The Committee is sympathetic to these concerns and urges the Department of Justice, in conjunction with its federal and provincial partners involved in the implementation of the new legislation, to consider appropriate measures to allow operators of newly-regulated long gun ranges a reasonable period of time after the coming into force of this regulation to bring themselves into compliance with the new requirements.

Recommendation 25

The Committee recommends that the Department of Justice, in conjunction with its federal and provincial partners involved in the implementation of the regulation, consider a grace period, after the regulation comes into force, for newly-regulated long gun ranges to comply with the new requirements.

CHAPTER 6 - GUN SHOWS REGULATIONS

1. SECURITY OF THE PREMISES

Paragraphs 4(1)(e) and 7(1)(a) of the proposed regulation require that the sponsor of a gun show ensure the security of the building in which the gun show is to be held. Witnesses appearing before us were concerned that this would require the sponsor to ensure the security of the entire building. These paragraphs should be amended to clarify that the sponsor is responsible only for "the part of" the building in which a gun show is being held, rather than the entire building.

Recommendation 26

The Committee recommends that paragraphs 4(1)(e) and 7(1)(a) be amended to clarify that the sponsor is responsible only for the security of the part of the building in which a gun show is being held.

2. THE LIST OF EXHIBITORS AT GUN SHOWS

This regulation would require that a sponsor of a gun show provide a preliminary list of exhibitors with the application for sponsorship approval 60 days before the proposed gun show. In addition, a final list of exhibitors is to be given three days before the proposed gun show. Witnesses indicated that it was impossible to provide a final list three days before the show because of last-minute additions and substitutions. The Committee agrees and section 6 of this proposed regulation should be clarified to indicate that the sponsor can provide a supplementary list of exhibitors that shows additions and substitutions made after the list that is provided to the chief firearms officer three days before the gun show.

Recommendation 27

The Committee recommends that section 6 of the proposed regulation be amended to clarify that a sponsor can provide a supplementary list of exhibitors that shows additions and substitutions, which were made following the presentation of the list that is required three days before the gun show is held.

3. STORAGE AND DISPLAY STANDARDS

Witnesses argued that the storage and display requirements set out in the Storage, Display and Transportation of Firearms and other Weapons by Businesses Regulations would be too onerous to apply at a sales gun show. The Committee agrees and, thus, section 9 of the proposed regulation should be amended to provide for a single set of standards to be applicable to the storage and display of firearms at all gun shows. The standards should be based on the requirements set out in the Storage, Display and Transportation and Handling of Firearms by Individuals Regulations since these requirements are more appropriate to the circumstances of gun shows.

Recommendation 28

The Committee recommends that section 9 of the proposed regulation be amended to provide that the standard for storage and display at all gun shows will be those set out in the Storage, Display and Transportation and Handling of Firearms by Individuals Regulations.

4. MULTIPLE GUN SHOWS

We believe that the Department of Justice should consider administrative processes to facilitate the granting of multiple gun show sponsorship licences to an applicant at one time. For example, these licences might cover several gun shows scheduled to occur in a given year where the dates and locations are known in advance. These licences could be granted on the condition that required information is to be provided at a later date where some of the detailed information required under the regulations was not available when the application was first made.

Recommendation 29

The Committee recommends that the Department of Justice consider administrative processes to facilitate the granting of multiple gun show sponsorship licences to an applicant.

CHAPTER 7 - SPECIAL AUTHORITY TO POSSESS REGULATIONS (FIREARMS ACT)

The Committee has no recommendations or comments to make regarding this regulation.

CHAPTER 8 - PUBLIC AGENTS FIREARMS REGULATIONS

1. LOCATION OF LAWFUL OWNER

While the Committee does not support the sale of agency or protected firearms to the public, it is our belief that in the case of protected firearms, reasonable attempts should be made to find the lawful owner of a firearm before it is destroyed pursuant to this regulation. If the lawful owner is found and is still qualified to own the firearm, it should be returned to him or her without delay.

Recommendation 30

The Committee recommends that the Department of Justice make public agencies aware that reasonable attempts should be made to find the lawful owner of protected firearms before they are destroyed pursuant to this regulation.

CHAPTER 9 - AMENDMENTS TO THE PROPOSED CONDITIONS OF TRANSFERRING FIREARMS AND OTHER WEAPONS REGULATIONS LAID BEFORE EACH HOUSE OF PARLIAMENT ON 27 NOVEMBER 1996

1. VERIFICATION OF RESTRICTED AND PROHIBITED FIREARMS

Section 2(1)(c) of the proposed regulation would delay until 1 January 2003 the requirement to have the registration information on firearms verified on the first transfer after this date, if the information has not been previously verified. Concerns were expressed that such a deferral in regard to the verification, while appropriate for commencement day non-restricted firearms, would not be appropriate for restricted and prohibited firearms as this would create a significant gap in the control of these firearms and would constitute a lessening of the registration standards currently applied to such firearms.

The Committee agrees and believes that section 2(1)(c) should be split into two separate provisions. One would apply to restricted and prohibited firearms, and would require verification on first transfer on or after 1 October 1998. The other would apply to non-restricted firearms and would not require verification until the first transfer on or after 1 January 2003.

Recommendation 31

The Committee recommends that the delay in the requirement to have the registration information of firearms verified on first transfer should apply only to non-restricted firearms. The verification of registration information of restricted and prohibited firearms should occur on the first transfer on or after 1 October 1998.

CHAPTER 10 - AMENDMENTS TO THE PROPOSED STORAGE, DISPLAY AND TRANSPORTATION OF FIREARMS AND OTHER WEAPONS BY BUSINESSES REGULATIONS LAID BEFORE EACH HOUSE OF PARLIAMENT ON
27 NOVEMBER 1996

The Committee has no recommendations or comments to make regarding this regulation.

CHAPTER 11 - AMENDMENTS TO THE PROPOSED STORAGE, DISPLAY AND TRANSPORTATION AND HANDLING OF FIREARMS BY INDIVIDUALS REGULATIONS LAID BEFORE EACH HOUSE OF PARLIAMENT ON
27 NOVEMBER 1996

The Committee has no recommendations or comments to make regarding this regulation.

CHAPTER 12 - AMENDMENTS TO THE PROPOSED FIREARMS FEES REGULATIONS LAID BEFORE EACH HOUSE OF PARLIAMENT ON 27 NOVEMBER 1996

1. BULK RATE FOR REGISTRATION CERTIFICATES (INHERITANCE)

Concerns were expressed to the Committee regarding the potentially high costs of registration certificates when firearms are transferred as part of an estate. The Committee shares these concerns and believes a waiver provision should be added to this regulation that would set a maximum limit on the amount of fees payable when a number of firearms must be registered by a new owner because they have been transferred as part of an estate. If a single beneficiary of an estate registered more than a set number of firearms at one time, any additional fees would be waived. The Committee will leave it to the Department of Justice to set the appropriate maximum number but would suggest something in the range of ten to twenty firearms.

Recommendation 32

The Committee recommends that a maximum fee be set for transfers of firearms registered by a single beneficiary of an estate.

2. REDUCTION IN FEES FOR THE MOVIE AND THEATER SUPPLY INDUSTRIES

The issue of the fees to be paid by persons involved in the entertainment industry was raised before the Committee. It was submitted the proposed fee for businesses supplying movies and theatrical productions that do not deal in prohibited firearms, other than prohibited handguns, were too high. This was especially the case for businesses that did not do this on a regular basis since it would be difficult for them to recoup their costs. The Committee agrees and believes the fee should be reduced to $250 in the first and subsequent years.

The Committee notes that there appeared to be some misunderstanding regarding the scope of activities included in each proposed fee category regarding the entertainment industry. The Department of Justice should provide further explanations to the businesses in these industries with respect to the scope of activities included in each proposed fee category. The categories should be clarified if this is deemed necessary.

Recommendation 33

The Committee recommends that the fee for item 15(a) of the business fees be lowered to $250 for the first year and subsequent years.

Recommendation 34

The Committee recommends that the Department of Justice provide further explanations to businesses involved in supplying the entertainment industry with respect to the scope of the activities included in each fee category.

3. EXPLANATIONS REGARDING BUSINESS FEES

Subsection 9(2) of this regulation provides that the fee payable by any business is the highest fee applicable to any activity carried out by that business. Thus, a business that conducts, at the same place, two or more activities as set out in the business fee schedule would pay only the highest of these fees. According to testimony before the Committee, businesses are not sufficiently aware of this provision and the Department of Justice should make further efforts to ensure that they are advised of how business licence fees apply to them. If necessary, explanatory notes should be added to the fee schedules provided to businesses.

Recommendation 35

The Committee recommends that the Department of Justice make further efforts to ensure that businesses are advised of how business licence fees apply to them.

CHAPTER 13 - OTHER RECOMMENDATIONS AND COMMENTS

Although the Committee's mandate was to review and recommend changes to the draft regulations before it, it feels compelled to make certain recommendations and comments which are not covered by these specific draft regulations.

1. REPRODUCTIONS OF ANTIQUES

In the report of the predecessor Committee dealing with the first set of draft regulations tabled on 27 November 1996, it was recommended that reproductions of antiques, such as flintlocks, matchlocks and wheel-locks be deemed to be antique firearms, by prescribing such firearms as antiques under paragraph 84(1)(b) of the Criminal Code. The significance of this classification is that, under subsection 84(3), antique firearms would be exempt from the regulatory provisions of the Firearms Act, except for the storage, display, transportation and handling requirements of paragraph 117(h) of the Act. Historical re-enactors appearing before us have urged that reproductions of two models of percussion cap rifles - the Enfield and the Springfield - also be prescribed to be exempt antiques.

The Committee notes that these models represent later technology than the flintlock and one closer to modern technology in firearms. It would be inappropriate to add reproductions of any model of percussion cap rifle to the class of deemed antiques because, among other factors, they can be used for hunting and pose more of a safety concern than original antiques. Thus, for technical and legal reasons, the Committee regrets that it could not find an accommodation for reproduction percussion cap rifles.

Recommendation 36

The Committee recommends that the Department of Justice further review this issue in an attempt to accommodate historic re-anactors using Enfield and Springfield percussion cap reproductions.

2. SIGNALLING DEVICES

Concerns were expressed about the fact that flare guns were not regulated under the Firearms Act. These devices are exempted from certain of the provisions of the Criminal Code and the provisions of the Firearms Act, pursuant to the new subsection 84(3) of the Criminal Code. The Committee does not have the expertise to make a recommendation regarding these devices, but would encourage the Department of Justice to review such devices to ensure that they are appropriately regulated.

The Committee would note that subparagraph 84(3)(b)(ii) of the Criminal Code would only exempt such a device if it is "intended by the person in possession of it to be used exclusively for the purpose for which it is designed." Thus, it would appear that if a person uses it for a purpose other than that for which it is designed, it would not be exempt.

Recommendation 37

The Committee recommends that the Department of Justice review the issue regarding signalling and other similar devices to ensure that they are properly regulated.

3. AMNESTY PROGRAMS

One of the goals of the legislation is to promote greater safety in firearms use. It is the Committee's hope that on-going amnesty programs will allow Canadians to discard illegal and unwanted firearms. We encourage Canadians to make full use of such programs. The removal of these firearms from Canadian society will no doubt enhance community safety.

Recommendation 38

The Committee recommends that the authorities in charge of implementing this legislation make full use of amnesty programs so that illegal and unwanted firearms are removed from society and to enhance community safety.

4. FORMS

The Committee was given a sample of the form to be used to register commencement day firearms. While the forms will be prescribed by the Minister and are not part of these regulations, the Committee believes it is necessary to make certain comments. We urge that the form be designed so as to maximize legibility and to ensure that it will be appropriate for use via different means of communication, such as transmittal by fax. In addition, a concise and clear guide should accompany any form in order to facilitate individuals and businesses completing them.

Recommendation 39

The Committee recommends that all forms required for implementation of the legislation be designed to maximize legibility. In addition, concise and clear guides should accompany these forms.

5. POLICE FUNDING

Some concerns were expressed before the Committee about the possibility of police operational budgets being diverted to implement and enforce this legislation. These concerns were addressed in a letter from the Minister of Justice to the Executive Director of the Canadian Police Association. In her letter, the Minister stated:

A key goal of the program continues to be to develop processes for the administration of the Act that will relieve police resources currently devoted to this and not create any new ones, while maintaining public safety and providing police with effective tools for enforcement and investigative purposes. Detailed plans for program delivery and reciprocal funding arrangements are still under discussion with the provinces.
The Committee believes that existing police budgets should not be diverted to implement and enforce this legislation and is satisfied with the Minister's commitment.

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