Vol. 146, No. 11 — May 23, 2012

Registration

SOR/2012-101 May 11, 2012

FIREARMS ACT

Regulations Amending the Firearms Fees Regulations

P.C. 2012-634 May 11, 2012

Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that the making of the annexed Regulations Amending the Firearms Fees Regulations is so urgent that section 118 of the Firearms Act (see footnote a) 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 that Act, have a statement of the reasons why he formed that opinion laid before each House of Parliament;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to paragraph 117(q) of the Firearms Act (see footnote b), makes the annexed Regulations Amending the Firearms Fees Regulations.

REGULATIONS AMENDING THE FIREARMS FEES REGULATIONS

AMENDMENTS

1. (1) Subsection 2.2(1) of the Firearms Fees Regulations (see footnote 1) is replaced by the following:

2.2 (1) Despite section 3, the fee payable by an individual for the renewal of a possession licence that is solely for non-restricted firearms or for the issuance or renewal of a possession and acquisition license that is solely for non-restricted firearms is waived for the period specified in subsection (4) if the individual had been issued, on or after December 1, 1998, a possession licence for firearms (other than a possession licence for firearms for individuals who are less than 18 years old) or a possession and acquisition licence for firearms.

(2) Subsection 2.2(4) of the Regulations is replaced by the following:

(4) For the purposes of subsections (1) and (3), the period begins on May 17, 2006 and ends on September 17, 2012.

(3) Subsection 2.2(4) of the Regulations is replaced by the following:

(4) For the purposes of subsections (1) and (3), the period begins on September 18, 2012 and ends on May 16, 2013.

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

4. If an individual has held a possession and acquisition licence that is solely for non-restricted firearms for three years or less 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%.

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

6. The fee payable for renewal of a possession licence that is solely for non-restricted firearms, or for issuance or renewal of a possession and acquisition licence that is solely 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.

COMING INTO FORCE

4. (1) Subject to subsection (2), these Regulations come into force on September 18, 2012.

(2) Subsection 1(2) comes into force on the day on which these Regulations are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

1. Executive summary

2. Background

In 2006, as a means to encourage compliance with the Firearms Act, a two-year licence renewal fee waiver and refund, and a one-year amnesty were introduced. The fee waiver applied to individuals renewing or upgrading an existing firearms licence by waiving the prescribed fee (e.g. $60 for a non-restricted licence, $80 for a restricted or prohibited licence). It did not apply to firs-time applicants or individuals whose licence had been revoked. The amnesty, which protects non-restricted firearms owners taking steps to comply with the Firearms Act from prosecution, was subsequently extended for one year until May 2008.

In 2008, the Government extended until May 2009 both the fee waiver and the amnesty, and introduced an additional Firearms Act regulatory amendment to enable individuals with an expired POL to apply for a new POL. These three compliance measures were subsequently extended until May 2011. The amnesty and the POL renewal were extended for two years, until 2013, while the fee waiver was extended for one additional year.

Collectively, these three measures (fee waiver, licence renewal, amnesty) comprised a comprehensive regulatory package intended to increase compliance levels and enhance public safety by

• incenting firearms owners to comply with the licensing and registration requirements of the Firearms Act; and
• addressing confusion amongst some firearms owners regarding their legal obligations given the introduction of bills in Parliament seeking to repeal the long-gun registry.

3. Issue

Had the Regulations not been implemented, commencing May 17, 2012, all individuals seeking to renew their licences would have been required to pay the associated fees (i.e. up to $80 for a five-year licence). Commencing September 18, 2012, individuals seeking to renew or upgrade a firearms licence with restricted or prohibited privileges will be required to pay the prescribed fee (up to $80).

4. Objectives

The objective of these amendments, in conjunction with the existing compliance measures (e.g. POL renewal and amnesty), is to enhance public safety. This is achieved, in part, by maximizing the number of firearms owners who comply with the licensing and registration requirements set out in the Firearms Act and the Criminal Code. Such individuals are subject to Continuous Eligibility Screening as a condition of possessing a firearms licence.

Continuous Eligibility Screening recognizes that an individual’s circumstances, including the appropriateness of ongoing firearms possession, change over time. Such screening ensures that any known high-risk behaviour (e.g. recent interaction with law enforcement) on the part of lawful firearms owners is automatically brought to the attention of chief firearms officers and law enforcement. This allows authorities to take appropriate action, as required, including the revocation of a licence and seizure of a firearm. When a firearms owner becomes non-compliant (i.e. does not renew a licence), they are no longer within the ambit of the Canadian Firearms Program (CFP) jurisdiction. As a result, the Privacy Act, among other legislation, prevents the CFP from conducting further Continuous Eligibility Screening, thereby withdrawing a meaningful tool enabling the Royal Canadian Mounted Police (RCMP) to take pre-emptive measures in dealing with higher-risk firearms owners.

5. Description

These Regulations amend the Firearms Fees Regulations to waive

• until September 17, 2012, the prescribed fee for renewing a Possession Only Licence (POL) or a Possession and Acquisition Licence (PAL), including the prescribed fee for upgrading from a POL to a PAL, regardless of the associated privileges; and
• from September 18, 2012, until May 16, 2013, the prescribed fee for renewing a firearms licence with solely non-restricted privileges, including the prescribed fee for upgrading from a POL to a PAL with solely non-restricted privileges.

The fee waiver does not apply to an application

• for an initial firearms licence;
• made subsequent to a licence revocation or licence refusal or following the expiry of a firearms prohibition order; or
• for PALs submitted by individuals who previously held a minor’s licence.

6. Regulatory and non-regulatory options considered

Without this regulatory amendment, commencing May 17, 2012, all individuals seeking to renew or upgrade (POL to PAL) their firearms licences would have been required to pay up to $80 for a five-year licence. This would have likely deterred some firearms owners from becoming compliant with federal firearms legislation and could have served as an incentive for some currently compliant licencees to become non-compliant, thereby undermining public safety.

7. Benefits and costs

There are costs associated with the Regulations for the federal government, and modest savings for firearms licencees. The Firearms Fees Regulations prescribe that both new and renewing firearms licence applicants are required to pay a fee of up to $80 depending on the type of licence and its privileges.

Between May 2012 and May 2013, approximately 396 000 firearms licences will expire. The foregone revenue attributed to this fee waiver is $20.8 million.

8. Consultation

In 2011, regulatory amendments to extend the firearms licence renewal fee waiver were prepublished in Part Ⅰ of the Canada Gazette to invite public comment for 15 days (April 9–24, 2011). There were no comments received.

Previous consultations undertaken by the Government have focused on all three compliance measures (POL renewal, amnesty and fee waiver), rather than the fee waiver in isolation. A summary of the comments received are as follows.

In 2010, the previous regulatory amendments to extend the suite of measures to increase compliance (e.g. POL renewal, amnesty and fee waiver) were prepublished in Part Ⅰ of the Canada Gazette to invite public comment for 15 days (March 20 to April 3, 2010). During this period, 15 comments were received from 12 individuals and 3 organizations, including the Coalition for Gun Control, the National Council of Women and the Ad Hoc Coalition for Women’s Equality and Human Rights. Of the respondents, all opposed the extension of the amnesty, expressing concern that the amnesty was reducing the effectiveness of the firearms registry and providing immunity to long-gun owners from complying with federal firearms legislation. There were no comments directed towards the fee waiver. The Government considered the views of these stakeholders but elected to move forward with the regulatory amendments given their importance from a public safety perspective.

In 2009, the regulatory amendments were prepublished in Part Ⅰ of the Canada Gazette to invite public comment for 30 days (March 28 to April 26, 2009). During this period, four comments were received, two from organizations and two from individuals. Of the respondents, two supported the proposed extension of the firearms compliance measures, while two opposed the extension of the amnesty. Those who supported the proposed Regulations expressed their belief that these measures were part of the Government’s commitment to repeal the long-gun registry, while opponents expressed concern that the amnesty was reducing the effectiveness of the firearms registry and providing immunity to long-gun owners from complying with federal firearms legislation.

Similarly, during the prepublication period between March 1 and 31, 2008, 131 comments were received via email, fax, telephone message, and letters concerning the proposed implementation of the compliance measures. Almost all of the input on the three regulations came from individuals rather than organizations: 126 individuals, 4 organizations and 1 provincial government commented on the proposal. Overall, support for the regulatory amendments was high, with some of the respondents indicating that they thought the initiatives were a positive compliance incentive. The majority of those in favour also noted there is a need to focus legislative measures to control firearms on criminals rather than otherwise law-abiding Canadians, while also expressing concern over the amount of money spent on the Canadian Firearms Program.

Nine respondents (one province, four organizations and four individuals) who did not support the combined initiatives in 2008 expressed specific concern towards the amnesty extension. The Attorney General of Ontario was of the opinion that repeated extensions to the amnesty are leading to a deterioration of the data currently available to police in the Canadian Firearms Information System. Other opponents also felt that individuals have had sufficient time (since 1995) to familiarize themselves with the requirements of the law and expressed views critical of how the Government is handling the Canadian Firearms Program. Those who self-identified as being licensed owners with registered firearms, who are currently in compliance with the law, were concerned that non-compliant individuals are being given too many opportunities to comply when information has been readily available for so long.

9. Rationale

The objective of this proposal is to enhance public safety. This is achieved, in part, by maximizing the number of firearms owners who comply with the licensing and registration requirements set out in the Firearms Act and the Criminal Code. Such individuals are subject to Continuous Eligibility Screening as a condition of possessing a firearms licence.

10. Implementation and enforcement

Communication efforts focus on who can avail themselves of these measures, how to do so, and the period during which these measures will be in effect. In an effort to increase voluntary compliance, communication efforts emphasize the Government’s commitment to improving public safety through effective gun control and tackling the criminal use of firearms, while reducing unnecessary administrative requirements on firearms owners.

11. Performance measurement and evaluation

Overall compliance is continuously monitored by the RCMP. Pursuant to the Firearms Act, the Commissioner of Firearms provides an annual report to Parliament on the performance of the Canadian Firearms Program. No other performance measurement or evaluation plans are necessary. The last report, the 2010 Commissioner of Firearms Report, was tabled in the Senate and House of Commons on January 18, 2012.

12. Contact

Ryan Doyle
Manager
Public Safety Canada
Law Enforcement and Policing Branch
Ottawa, Ontario
K1A 0P8
General Inquiries: 613-944-4875
Fax: 613-954-4808
Email: firearms@ps.gc.ca

Footnote a
S.C. 1995, c. 39

Footnote b
S.C. 1995, c.39

Footnote 1
SOR/98-204