Parliamentary Committee Notes: Provincial responsibilities in regulating firearms
Proposed Response
- The two main pieces of legislation which govern firearms in Canada are the Criminal Code and the Firearms Act.
- The primary purpose of Criminal Code and Firearms Act in managing firearms is to deter the misuse of firearms, control access and ownership to firearms, and manage the risk of specific types of firearms.
- While the federal government possesses exclusive jurisdiction over criminal law and by extension, licencing, registration and the lawful use of firearms, provinces can regulate the property and civil rights aspects of firearms.
- Provinces may regulate the use of firearms through a number of other aspects, including restrictions on hunting (including ammunition types, max loading, areas for hunting, calibres, etc.), transportation, retail sales, and other measures.
Chief Firearms Officers of Provinces
- Under Section 2 of the Firearms Act, the provincial Minister may choose to administer the Act in their jurisdiction via a provincially-designated Chief Firearms Officer (CFO).
- CFOs are managed federally though provinces may “opt-in” by choosing to designate a CFO for that province or territory.
- Currently seven “opt-in” provinces have designated CFOs: Nova Scotia, Prince Edward Island, New Brunswick, Quebec and Ontario, Saskatchewan and Alberta. The other provinces and territories have federally designated CFOs.
- The CFO plays a critical and leading role in safeguarding and promoting public safety. They are responsible for the issuance of a firearms licence to individuals and ensuring individuals continuous eligibility to hold a firearms licence.
- Additionally, the CFO is responsible for issuance of business licences, authorization to transport, authorization to carry, transfers of restricted and prohibited firearms, as well as approvals and inspections of shooting clubs and ranges.
- It is within the authority of the provinces to designate CFOs to administer the Firearms Act and its regulations.
Background
Federal Responsibilities with Respect to Firearm Regulation
Under its exclusive jurisdiction over criminal law, the Government of Canada regulates firearms in Canada using two main pieces of federal legislation: the Criminal Code and the Firearms Act. The primary purpose of Criminal Code and Firearms Act in managing firearms is to deter the misuse of firearms, control access and ownership to firearms, and manage the risk of specific types of firearms. The Criminal Code lays out criminal offences related to transport, storage, illegal use, transfer, and possession of firearms. It also defines the firearms classifications: non-restricted, restricted, and prohibited. The Firearms Act regulates their manufacture, possession, transportation, storage, and transfer.
The Minister of Public Safety is responsible for the Firearms Act and its regulations to determine license eligibility and regulate the possession and use of firearms. The Minister of Justice is responsible for the Criminal Code and its regulations, which address firearms classification and offences.
Chief Firearms Officers in provinces
The Firearms Act provides the provinces the ability to administer it locally. This was intended in the design, allowing provinces to “opt-in” to this choice. Provinces can also choose not to opt-in.
There are currently seven (7) provincially designated CFOs in Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island, Alberta and Saskatchewan and six (6) federally / territorially designated CFOs in British Columbia, Manitoba, Newfoundland / Labrador, Yukon Territory, Northwest Territories and Nunavut.
The CFO plays a critical and leading role in safeguarding and promoting public safety. They are responsible for the issuance of firearms licences to individuals and ensuring an continuous eligibility to hold a firearms licence in accordance with the Firearms Act. Additionally, CFOs are responsible for business licences, authorizations to transport, authorizations to carry, transfers of restricted and prohibited firearms, and shooting clubs and range approvals and inspections.
CFO's are responsible for a wide variety of duties including the issuing and maintenance of:
- individual licences (there are 2.2 million individual firearms licenses in Canada),
- business licenses (there are 4,500 licensed firearms businesses in Canada),
- authorizations to transport,
- authorization to carry (typically for security guards, hunters, trappers, etc.),
- minor's licenses (for those under the age of 18 who wish to shoot); and
- visitor's licenses (typically for foreign nationals to enter Canada for hunting or commercial purposes).
In support of the administration of the Firearms Act and its regulations, provincially designated CFOs receive funding through Contribution Agreements. Under Section 95 of the Firearms Act, the federal Minister may, with the approval of the Governor in Council, enter into agreements with provinces for payment of specific services.
All CFOs follow the same federal statutes and regulations as they administer the firearms program within their jurisdiction. CFOs may also be called upon to enforce provincial laws or regulations related to firearms (e.g. a province could establish additional hunting regulations which the CFO would also participate in enforcing). However, they are still obligated to carry out the federal roles and responsibilities delegated to them as CFO.
The contribution program entitled the Firearms Funding Program for Opt-In Provinces was established in December 1997. The obligations and responsibilities of the Government of Canada and participating provinces are expressed in formal contribution agreements. The typical cycle for a contribution agreement is 5 years and they are renegotiated as they expire. Participating jurisdictions are compensated for expenses to an annual maximum. The annual funding maximum for each province is subject to negotiation, however, total annual funding envelopes are based on the volume of activity incurred by the CFO.
Provincial Responsibilities with Respect to Firearm Regulation
Provincial legislatures may regulate firearms under their property and civil rights powers. As such, provinces may have legislation in a variety of other areas that further restrict or modify firearms uses within their jurisdictions.
For example, provincial or territorial hunting acts may have prohibitions on hunting by season, ammunition type, maximum load, types of game, transportation restrictions, etc.
Provinces and municipalities may have zoning laws that prohibit or modify firearms uses. For example, they may prevent the construction of firing ranges within specific zones.
Provinces may also have commercial frameworks established which alter the sales requirements for certain items. For example, British Colombia retailers are prohibited from selling airguns / airsoft to persons under the age of 18.
More examples include:
- Quebec's Act to protect persons with regard to activities involving firearms (also known as Anastasia's Law). The main purpose is to prohibit firearms possession in public or community spaces (e.g., day care centres, schools, universities) or in vehicles used for public transit or school transportation. Contraventions to this prohibition include fines of up to $5,000.
- BC's Firearm Violence Prevention Act mimics Quebec's law, as well as establishing offences for unsafe firearms storage, preventing gang members from accessing gun ranges, and regulating airguns / airsoft.
Alberta and Saskatchewan have both recently tabled, and are considering, proposed legislation on additional firearms laws within their provinces, which Public Safety is reviewing.
Contacts:
Prepared by: Policy Advisor, Firearms Policy Division
Approved by: Talal Dakalbab, Senior Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167
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