Vol. 145, No. 8 — April 13, 2011

Registration

SOR/2011-102 March 25, 2011

CRIMINAL CODE

ARCHIVED — Order Amending the Order Declaring an Amnesty Period (2006)

P.C. 2011-523 March 25, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 117.14(1) (see footnote a) of the Criminal Code (see footnote b), hereby makes the annexed Order Amending the Order Declaring an Amnesty Period (2006).

ORDER AMENDING THE ORDER DECLARING AN AMNESTY PERIOD (2006)

AMENDMENTS

1. (1) Subparagraph 2(1)(b)(ii) of the Order Declaring an Amnesty Period (2006) (see footnote 1) is replaced by the following:

1. (ii) that will have expired during the period beginning on May 17, 2006 and ending on May 16, 2013.

(2) Subsection 2(3) of the Order is replaced by the following:

(3) The amnesty period begins on May 17, 2006 and ends on May 16, 2013.

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order or the Regulations.)

Executive summary

Issue

The amendments to the Firearms Licences Regulations and the Order Declaring an Amnesty Period(2006) renew measures intended to maintain and increase compliance with the Firearms Act and Criminal Code.

As of December 2010, there were approximately 1.8 million individuals licensed under the Firearms Act, who, collectively, have registered more than 7.6 million firearms. Currently, more than 224 000 holders of expired licences were believed to still be in possession of their firearms. Of those who are non-compliant, 172 500 (more than 76%) are former Possession Only Licence (POL) holders. A majority of current and expired POL holders are more than 50 years of age and often reside in rural or remote regions where access to training is limited. The implementation of the POL renewal measure in 2008 has allowed approximately 40 000 former licence holders to apply for a new POL, thereby enabling these individuals to comply with federal firearms legislation.

Having these individuals (experienced firearms owners often living in rural or remote regions) pay for and complete the firearms safety training course to obtain a firearms licence has been described by firearms owners and advocates as a disincentive to compliance. Firearms owners who are currently not in compliance with federal firearms legislation are unlikely to return to compliance without steps being taken to encourage their doing so.

Since 2006, the overall licence compliance rate has decreased from 82% to 76%. Although overall compliance has seen a decline while three government initiatives intended to increase compliance (i.e. the POL renewal measure, amnesty and waiver of fees) have been in effect, it is possible that this decline could have been greater in the absence of these measures. The POL renewal measure is relieving in nature and, together with the Criminal Code amnesty protecting individuals taking steps to comply with federal firearms legislation, help maintains favourable conditions to encourage compliance with the licensing and registration requirements of the Firearms Act.

Objectives

The main objective of the Canadian Firearms Program (CFP) 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 CFP’s jurisdiction. As a result, the Privacy Act, among other legislation, prevents the Royal Canadian Mounted Police (RCMP) from conducting further Continuous Eligibility Screening, thereby withdrawing a meaningful tool enabling the CFP to take pre-emptive measures in dealing with higher-risk firearms owners.

Description

This proposal extends, until May 16, 2013,

1. (i) the POL renewal measure, thereby removing the requirement for these individuals to take the firearms safety training course in order to be eligible for a Possession and Acquisition Licence (PAL); and
   
2. (ii) the amnesty which protects non-compliant owners of non-restricted firearms from criminal liability while they are taking steps to comply with the licensing and registration requirements of the Firearms Act and the Criminal Code.

Regulatory and non-regulatory options considered

Without these regulatory amendments, commencing May 17, 2011, all individuals who were previously licensed (i.e. POL or Firearms Acquisition Certificate holders) and wished to obtain a new firearms licence, would have to pay for and successfully complete the firearms safety training course and apply for a PAL; and all non-compliant firearms owners currently taking steps to come into compliance with federal firearms legislation (i.e. obtaining a licence and registering their firearms) would no longer be protected from criminal prosecution. This would likely deter some firearms owners from becoming compliant with federal firearms legislation and could have served as an incentive for some currently compliant licensees to become non-compliant, thereby undermining public safety.

Benefits and costs

The main objective of the CFP 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 also then subject to Continuous Eligibility Screening, conducted by the RCMP, as a condition of possessing a firearms licence.

The Government’s preference is to employ incentives that promote voluntary compliance with the federal firearms legislation, as opposed to forced compliance through enforcement measures.

There are no cost implications with this initiative.

Consultation

Since 2008, proposed regulations and orders extending the Possession Only Licence renewal measure and Criminal Code amnesty have been pre-published for comment in the Canada Gazette. A summary of the comments received is as follows.

In 2010, the previous regulatory amendments to extend these compliance measures were pre-published in the Canada Gazette, Part I, 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. 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 pre-published in the Canada Gazette, Part I, 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 pre-publication period between March 1 and March 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 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 good 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 CFP.

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 CFP. 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.

Implementation, enforcement and service standards

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. This is accomplished by highlighting the requirement of firearms owners to take steps to comply with the law and the benefits of extending the compliance measures, which collectively, encourage and enable firearms owners to continue to meet their legal obligations.

Under federal firearms legislation currently in force, to be in lawful possession of a non-restricted firearm, an individual must hold a licence issued under the Firearms Act as well as a registration certificate for each firearm.

Owners are expected to take positive steps to comply, as set out in the Order Declaring an Amnesty Period(2006), with the Firearms Act and the Criminal Code.

Performance measurement and evaluation

Overall compliance is continuously monitored by the CFP. The Commissioner of Firearms, pursuant to the Firearms Act, provides an annual report to Parliament on the performance of the CFP. No other performance measurement or evaluation plans are necessary. The last report, the 2009 Commissioner of Firearms report, was tabled by the Minister of Public Safety in the House of Commons on October 7, 2010.

Contact

Ryan Doyle
Manager
Public Safety Canada
Law Enforcement and Policing Branch
Ottawa, Ontario
K1A 0P8
General inquiries: 1-800-830-3118 or 613-944-4875
Fax: 613-954 4808
Email: firearms@ps.gc.ca

Footnote a
S.C. 1995, c. 39, s. 139

Footnote b
R.S., c. C-46

Footnote 1
SOR/2006-95