Regulations Repealing the Firearms Records Regulations (Classification): SOR/2024-276
Canada Gazette, Part II, Volume 159, Number 1
Registration
SOR/2024-276 December 16, 2024
FIREARMS ACT
P.C. 2024-1332 December 16, 2024
Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that the changes made to the Firearms Records Regulations (Classification) footnote a by the annexed Regulations Repealing the Firearms Records Regulations (Classification) are so immaterial or insubstantial that section 118 of the Firearms Act footnote b should not be applicable in the circumstances;
And whereas that Minister 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, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Repealing the Firearms Records Regulations (Classification) under paragraph 117(m)footnote c of the Firearms Act footnote b.
Regulations Repealing the Firearms Records Regulations (Classification)
Repeal
1 The Firearms Records Regulations (Classification) footnote a are repealed.
Coming into Force
2 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.)
Issues
The Firearms Records Regulations (Classification) [the Regulations] impose record-keeping requirements on the Registrar of Firearms related to records of firearms classification “determinations” made under the Firearms Act (the Act). Given the legal framework governing the classification of firearms, the Regulations are not necessary and have had no effect on the classification of firearms.
Background
There are three classifications of firearms in Canada that are set out in subsection 84(1) of the Criminal Code (the Code): non-restricted, restricted, and prohibited. Part III of the Code and its regulations establish the legal framework governing the classification of firearms in Canada.
The Firearms Act (the Act) governs the acquisition, storage and transportation of firearms, including requirements specific to each classification. The Act establishes the offices of Commissioner of Firearms, Registrar of Firearms and Chief Firearms Officers, each with specific roles and responsibilities. Pursuant to the Act, the Registrar is responsible for establishing and maintaining the Canadian Firearms Registry and for the day-to-day operation of that registry. For example, prohibited and restricted firearms require registration certificates issued by the Registrar for lawful possession.
The Royal Canadian Mounted Police (RCMP) Canadian Firearms Program (CFP) supports each of these offices and, more generally, the administration of the Act and Part III of the Code. In particular, the CFP provides technical expertise on the classification of firearms for regulators and law enforcement. The Firearms Reference Table (FRT), which is maintained by the RCMP, is an administrative database in which the CFP’s classification assessments of firearms are recorded. The FRT assists regulators and law enforcement with the identification of firearms, supporting the appropriate acquisition, storage and transportation of the different classes of firearms. For a variety of reasons, the CFP may amend its assessment and update the corresponding record in the FRT in accordance with the Code and its regulations.
On February 26, 2014, the FRT entries for the Ceska Zbrojovka 858 Tactical 2 and 4 rifles (the CZ858) and the Swiss Arms Classic Green rifles and variants, previously identified as restricted and non-restricted, were updated. The update was necessary because the CFP was informed that the technical information upon which the original assessment had been based was incomplete. Following another assessment against subsection 84(1) of the Code, the corresponding FRT entries were amended to identify the firearms as prohibited.
The Regulations came into force on August 15, 2014. The Regulations provide that only the Registrar may keep or amend records of determinations made under to the Act. As well, the Regulations require that the Registrar not amend these records more than one year after the day on which they are made, and that the Registrar not destroy these records.
The classification of firearms is assessed pursuant to the Code and its regulations, with records maintained in accordance with existing legal authorities and obligations. The CFP conducts technical assessments of firearms against the Code and its regulations, and records these assessments of the legal classification of firearms in the FRT. The technical assessments made by CFP firearm experts and recorded in the FRT are used for the purpose of administering the firearms regulatory program and are amended or updated as required in response to legislative or regulatory change, or when new technical information is received.
Objective
The Regulations Repealing the Firearms Records Regulations (Classification) [the Repealing Regulations] remove the requirements for the Registrar of Firearms regarding the record-keeping of classification determinations made under the Firearms Act. Given the legal framework governing the classification of firearms, the Regulations have had no effect on the assessment or classification of firearms in Canada, nor have records been created or maintained pursuant to the Regulations. The repeal therefore removes an unnecessary regulation.
Description
The Repealing Regulations repeal the Firearms Records Regulations (Classification).
Regulatory development
Consultation
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has raised concerns about the Regulations since September 2014 on the basis that the classification of firearms is not provided for by the Act and that as a result, the Regulations have not had any practical consequence. For this reason, the SJCSR has called for the repeal of the Regulations.
Other than exchanges with the SJCSR, Public Safety has not engaged with external partners about the repeal of the Regulations because the repeal would not have any impact on external stakeholders, such as industry or Canadians who possess firearms. Prepublication is unnecessary for the same reason.
Modern treaty obligations and Indigenous engagement and consultation
Since the Regulations have not had any effect, the Repealing Regulations will not have any impact on modern treaty obligations or Indigenous communities.
Instrument choice
Repealing the Regulations can be accomplished only with regulations. Other instruments were not considered by Public Safety Canada.
Regulatory analysis
Benefits and costs
The Registrar of Firearms has not created or maintained records related to the classification of firearms pursuant to the Firearms Records Regulations (Classification). Consequently, there are no incremental costs related to this proposal.
With respect to benefits, the repeal of the Regulations realigns the regulations with the legislative framework governing the classification of firearms in Canada.
Small business lens
An analysis conducted using the small business lens concluded that the Repealing Regulations will not impact small business in Canada, as they do not have any effect on the classification of firearms in Canada.
One-for-one rule
The one-for-one rule applies since a regulatory title is repealed, and the proposal is considered a title out. There is no incremental change in administrative burden on business.
Regulatory cooperation and alignment
As the Repealing Regulations remove unnecessary requirements, there are not any regulatory cooperation or alignment opportunities. The Repealing Regulations are not related to any work plans or commitments made pursuant to formal regulatory cooperation fora.
Effects on the environment
In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.
Gender-based analysis plus
No impacts based on gender and other identity factors have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
Implementation
The Repealing Regulations come into force on registration. An implementation plan is not necessary for the Repealing Regulations, as the Regulations have not had any operational effect.
Contact
Firearms Policy Directorate
Email: ps.firearms-armesafeu.sp@ps-sp.gc.ca