Order Fixing October 1, 2024 as the Day on Which Certain Provisions of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force: SI/2024-42

Canada Gazette, Part II, Volume 158, Number 20

Registration
SI/2024-42 September 25, 2024

AN ACT TO AMEND CERTAIN ACTS AND TO MAKE CERTAIN CONSEQUENTIAL AMENDMENTS (FIREARMS)

Order Fixing October 1, 2024 as the Day on Which Certain Provisions of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force

P.C. 2024-1002 September 9, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 73(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, fixes October 1, 2024 as the day on which sections 20, 27 to 29, 32 and 33 and subsection 35(1) of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, pursuant to subsection 73(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms) [former Bill C-21], fixes October 1, 2024, as the day on which sections 20, 27, 28, 29, 32, 33 and subsection 35(1) of that Act come into force.

Objective

The objective of this Order is to bring into force provisions of former Bill C-21, which transfer the authority for the issuance, revocation and renewal of Authorizations to Carry (ATC) for the protection of life from the Chief Firearms Officer (CFO) to the Commissioner of Firearms (Commissioner). These changes intend to ensure consistency in the administration of protection of life ATCs across all provinces and territories.

Background

The Firearms Act (the Act) regulates the acquisition, possession, transportation, manufacturing and storage of firearms in Canada. It also provides the legal framework for the issuance of licences, authorizations and registration of restricted and prohibited firearms. The Canadian Firearms Program (CFP) operates under the authority of the Commissioner. Since 2006, this position has been held by the Commissioner of the Royal Canadian Mounted Police (RCMP). CFOs are responsible for the issuance of firearms licences and for ensuring continuous eligibility to hold a firearms licence within their province and/or territory. Pursuant to the Act, each province may designate their own CFO. The federal Minister of Public Safety and Emergency Preparedness designates CFOs for the territories and for the provinces that do not designate their own.

As per the Act, an ATC allows the holder to carry a particular restricted firearm or prohibited handgun on their person. This weapon may be loaded and concealed. The Act specifies that ATCs can be granted for two reasons: (1) to protect the life of the applicant or other individuals (paragraph 20(a)); and (2) to use in connection with the individual’s lawful profession or occupation (paragraph 20(b)).

The amendments to the Act in sections 20, 27, 28, 29, 32, 33 and paragraph 35(1), made by former Bill C-21, transfer the authority to issue, renew or revoke protection of life ATCs for restricted firearms or prohibited handguns from a CFO to the Commissioner. They also give the Commissioner the authority to attach conditions to these ATCs, subject to the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (the Regulations). There were no changes to the Act in relation to CFOs’ authority over ATCs for lawful professions or occupations (e.g. cash-in-transit employees, wilderness hunters and trappers).

The aforementioned provisions of former Bill C-21 were not brought into force when the Bill received royal assent, as amendments to the Regulations were needed to implement the new separation of authorities between ATCs for protection of life and ATCs for lawful profession or occupation.

Implications

This Order, along with complementary amendments to the Regulations, will reinforce consistency and ensure uniform procedures in the administration of protection of life ATCs across all jurisdictions within Canada.

Furthermore, the amendments will enable ATCs issued for the protection of life to be valid across geographic areas specified by the Commissioner, without being limited to a single provincial or territorial jurisdiction. Currently, ATCs issued by CFOs are limited to the province or the territory in which they are issued. This is because the authority of CFOs is geographically limited to their respective province and/or territory. The Commissioner’s authority, however, extends across provincial and territorial boundaries. With these amendments, the Commissioner may specify a wider geographic area where ATCs for the protection of life are valid. Finally, each CFO currently has a process specific to their region for the issuance of ATCs for protection of life. Having the Commissioner review all applications will standardize the process and ensure consistency in the administration of protection of life ATCs across jurisdictions.

Amendments to the Regulations are necessary to implement the Commissioner’s new authority with respect to protection of life ATCs. The date set for the coming into force of these legislative and regulatory amendments is October 1, 2024. This date was chosen to allow time for the RCMP CFP to finalize work with the Commissioner’s Office to update operational policies and processes in support of a national approach.

The legislative and regulatory amendments will not impact ATCs for use in connection with the individual’s lawful profession or occupation. They will continue to be under the authority of CFOs.

Consultation

Public consultations were held as part of the legislative process for former Bill C-21. Several witnesses appeared before the Standing Senate Committee on National Security, Defence and Veterans Affairs and the Standing Committee on Public Safety and National Security throughout 2022 and 2023 to provide input on former Bill C-21. Most concerns regarding the issuance of ATCs were focused on trappers and other lawful professions, which remain unaffected by these changes. Concerns were raised regarding the transfer of authority over protection of life ATCs to the Commissioner on the grounds that this change would make the decision-maker too far removed from the local level. However, protection of life ATCs will continue to benefit from local input, with a statement from local authorities required prior to the Commissioner approving a request for a protection of life ATC.

Contact

Firearms Policy Division
Public Safety Canada
Email: ps.firearms-armesafeu.sp@ps-sp.gc.ca