132, No. 20 — September 30, 1998

Registration
SOR/98-472 24 September, 1998

CRIMINAL CODE

Regulations Amending Certain Instruments Made under the Criminal Code

P.C. 1998-1732 24 September, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsections 117.14(1)(see footnote a) and 117.15(1)(see footnote b) of the Criminal Code, hereby makes the annexed Regulations Amending Certain Instruments Made under the Criminal Code.

REGULATIONS AMENDING CERTAIN INSTRUMENTS MADE UNDER THE CRIMINAL CODE

REGULATIONS PRESCRIBING CERTAIN FIREARMS AND OTHER WEAPONS, COMPONENTS AND PARTS OF WEAPONS, ACCESSORIES, CARTRIDGE MAGAZINES, AMMUNITION AND PROJECTILES AS PROHIBITED OR RESTRICTED

1. Section 7 of the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted(see footnote 1) is replaced by the following:

7. These Regulations come into force on December 1, 1998.

REGULATIONS REPEALING CERTAIN ORDERS AND REGULATIONS MADE UNDER THE CRIMINAL CODE

2. Section 2 of the Regulations Repealing Certain Orders and Regulations made under the Criminal Code(see footnote 2) is replaced by the following:

2. These Regulations come into force on December 1, 1998.

REGULATIONS PRESCRIBING ANTIQUE FIREARMS

3. Section 2 of the Regulations Prescribing Antique Firearms(see footnote 3) is replaced by the following:

2. These Regulations come into force on December 1, 1998.

REGULATIONS PRESCRIBING EXCLUSIONS FROM CERTAIN DEFINITIONS OF THE CRIMINAL CODE (INTERNATIONAL SPORTING COMPETITION HANDGUNS)

4. Section 3 of the Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns)(see footnote 4) is replaced by the following:

3. These Regulations come into force on December 1, 1998.

REGULATIONS PRESCRIBING PUBLIC OFFICERS

5. Section 2 of the Regulations Prescribing Public Officers(see footnote 5) is replaced by the following:

2. These Regulations come into force on December 1, 1998.

ORDER DECLARING AN AMNESTY PERIOD

6. The portion of section 2 of the Order Declaring an Amnesty Period(see footnote 6) before paragraph (a) is replaced by the following:

2. Any individual who, during the period beginning on December 1, 1998 and ending on November 30, 1999, is in possession of a prohibited handgun, other than a handgun referred to in subsection 12(6) of the Firearms Act, that was acquired and registered after February 14, 1995 and before December 1, 1998, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

7. The portion of section 3 of the Order before paragraph (a) is replaced by the following:

3. Any individual who is not an individual referred to in subsection 12(6) of the Firearms Act and who, during the period beginning on December 1, 1998 and ending on November 30, 1999, is in possession of a prohibited handgun referred to in that subsection that was acquired by the individual after February 14, 1995 and before December 1, 1998 and for which a registration certificate had been issued to or applied for by another individual under the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

8. The portion of section 4 of the Order before paragraph (a) is replaced by the following:

4. Any person who was the holder of a permit to carry on a business required under subsection 105(4) of the former Act and who, during the period beginning on December 1, 1998 and ending on November 30, 1999, is in possession of a prohibited handgun acquired on or before February 14, 1995 and reported to the Commissioner or to an authorized person under paragraph 105(1.1)(d) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

9. The portion of section 5 of the Order before paragraph (a) is replaced by the following:

5. Any person who was the holder of a permit to carry on a business required under subsection 105(4) of the former Act and who, during the period beginning on December 1, 1998 and ending on November 30, 1999, is in possession of a prohibited handgun acquired after February 14, 1995 and reported to the Commissioner or to an authorized person under paragraph 105(1.1)(d) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that handgun while doing or prior to doing any of the following things:

10. The portion of section 6 of the Order before paragraph (a) is replaced by the following:

6. Any individual or business that, during the period beginning on December 1, 1998 and ending on November 30, 1999, is in possession of a handgun barrel referred to in paragraph (b) of the definition "prohibited device" in subsection 84(1) of the Criminal Code, cannot be found guilty of an offence under Part III of that Act by reason only of being in possession of that barrel while doing or prior to doing any of the following things:

11. The portion of section 7 of the Order before paragraph (a) is replaced by the following:

7. Any individual who, during the period beginning on December 1, 1998 and ending on May 31, 1999, is in possession of a restricted firearm for which no registration certificate was issued under subsection 109(7) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that firearm while doing any of the following things:

12. The portion of section 8 of the Order before paragraph (a) is replaced by the following:

8. Any business that, during the period beginning on December 1, 1998 and ending on May 31, 1999, is in possession of a restricted firearm for which no registration certificate was issued under subsection 109(7) of the former Act, cannot be found guilty of an offence under Part III of the Criminal Code by reason only of being in possession of that firearm while doing any of the following things:

13. Section 9 of the Order is replaced by the following:

9. These Regulations come into force on December 1, 1998.

COMING INTO FORCE

14. 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

These Regulations are part of a change to the effective date of a comprehensive regulatory package implementing the new statutory scheme for the control of firearms and other weapons provided for in the Firearms Act and a completely amended Part III of the Criminal Code.

Effective Date

These amending Regulations change the effective date for all of the Regulations made under the Criminal Code, as they must come into force on the implementation date of the new Part III of the Code. The effective date in each case is changed from October 1, 1998 to December 1, 1998, which is when the new Part III will come into force.

Amnesty Order

The references in the amnesty order to "October 1, 1998" will be changed to "December 1, 1998". The amnesty periods set out in the order will, moreover, remain the same and the dates setting out these periods will be changed to accord with the new commencement day. The one-year amnesty for prohibited handguns and handgun barrels will thus now run from December 1, 1998 to November 30, 1999, and the six-month amnesty for unregistered restricted weapons will now run from December 1, 1998 to May 31, 1999.

Alternatives

Changes must be made to the existing Regulations, and the amnesty order, to make the effective date in each case accord with the coming into force of the new Part III of the Code, as well as to make other consequent changes to dates set out in the amnesty order.

Consistency with Regulatory Policy and Citizens' Code

The change in the coming into force date of the legislation was the subject of a press release and was reported in the news media. Targeted communications programs, an internet posting, and the distribution of general communications materials will further advise stakeholders and the general public of the change in the implementation date.

Anticipated Impact

The Regulations will have no impact by themselves, as they are purely consequent on a deferral of the coming into force of the statute that they support. The primary Regulations for which the effective date is being changed — the set of regulations that classify prohibited and restricted firearms, and prohibited weapons, devices and ammunition — do not in any case add any new firearms or other items to the current classes of prohibited and restricted weapons. They will therefore have little or no impact when they come into force in any event. Other Regulations deal only with specialized matters — prescribed antique firearms, a few exempted competition handguns that would otherwise be prohibited, and classes of public officers. The extra two months before the new Part III of the Criminal Code and the supporting Regulations come into effect will give those affected by the legislation some additional time to become more aware of the new law and to prepare for compliance with it.

Small Business Impact

Small businesses affected by the legislation will have an additional two months to become more aware of the requirements of the new law, have their inventories loaded into the Canadian Firearms Registration System, and complete other preparations in advance of the implementation of the law. The effect will be to further minimize the impact of the law on business activities.

Consultation

The appropriate date on which the legislation should be brought into force was the subject of extensive consultations with the provincial and federal authorities responsible for the implementation of the new law. These consultations involved, in particular: the chief provincial and territorial firearms officers; and, the Department of the Solicitor General, including the Royal Canadian Mounted Police, and Revenue Canada - Customs and Excise.

Compliance Mechanism

These Regulations affect only the effective date of the existing Regulations and the amnesty order to make the date accord with the coming into force of the new Part III of the Criminal Code which the Regulations and the amnesty order support, and no compliance mechanisms are required.

Coming into Force

The Regulations will come into force on the day on which they are registered, and they will take effect on December 1, 1998 when the new Part III of the Criminal Code comes into force.

Contact

Legal Counsel
Canadian Firearms Centre
Department of Justice
East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 1-800-731-4000
FAX: (613) 941-1991

Footnote a

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

Footnote b

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

Footnote 1

SOR/98-462

Footnote 2

SOR/98-463

Footnote 3

SOR/98-464

Footnote 4

SOR/98-465

Footnote 5

SOR/98-466

Footnote 6

SOR/98-467

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