Vol. 145, No. 7 — March 30, 2011

Registration

SOR/2011-68 March 10, 2011

CRIMINAL CODE

ARCHIVED — Regulations Amending the Regulations Prescribing Public Officers

P.C. 2011-399 March 10, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraph 117.07(2)(g) (see footnote a) and section 117.15 (see footnote b) of the Criminal Code (see footnote c), hereby makes the annexed Regulations Amending the Regulations Prescribing Public Officers.

REGULATIONS AMENDING THE REGULATIONS PRESCRIBING PUBLIC OFFICERS

AMENDMENT

1. Paragraph 1(1)(g) of the Regulations Prescribing Public Officers (see footnote 1) is replaced by the following:

(g) security personnel employed by the House of Commons or the Senate; and

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.)

Issue and objectives

Parliamentary security officers provide security to Parliamentarians, visiting dignitaries, staff and witnesses within the Parliamentary Precinct. Due to closure of the West Block for renovations, members of Parliament and Parliamentary Committee Rooms are relocating to buildings off Parliament Hill. The Regulations Amending the Regulations Prescribing Public Officers ensures that Parliamentary security officers continue to possess the necessary legal authority to carry and transport firearms in the course of their duties.

Description and rationale

Parliamentary security officers are exempted from firearms offences in the Criminal Code or under the Firearms Act by virtue of section 117.07 of the Criminal Code. The Criminal Code defines “public officer” in subsection 117.07(2), which includes, in paragraph (g), a person, or a member of a class of persons, employed in the federal public administration or by the government of a province or municipality who is prescribed by regulation to be a public officer. The Regulations Prescribing Public Officers, in paragraph 1(1)(g), prescribes security personnel employed by the House of Commons Security Services or by the Senate Protective Service within the Parliamentary Precinct as public officers for the purposes of paragraph 117.07(2)(g) of the Criminal Code.

The Regulations Amending the Regulations Prescribing Public Officers amends the Regulations to ensure that Parliamentary security officers are able to continue to perform their duties in all of the Parliamentary Precinct buildings, whether on Parliament Hill or in the new locations, and not be restrained operationally by the limiting clause “within the Parliamentary Precinct” that currently exists in the Regulations.

There are no costs associated with the amendment to these Regulations and there will be no impact on other areas or sectors.

Consultation

Consultations were held with the RCMP and Ottawa Police Services on the amendment to the Regulations Prescribing Public Officers, and no concerns were expressed.

Implementation, enforcement and service standards

The Government of Canada will continue to monitor the implementation of the amendment to the Regulations.

Contact

Paula Clarke
Counsel
Criminal Law Policy Section
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-957-4728
Fax: 613-941-9310
Email: paula.clarke@justice.gc.ca

Footnote a
S.C. 2003, c. 22, par. 224(z.23)

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

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

Footnote 1
SOR/98-466