Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations: SOR/2024-208

Canada Gazette, Part II, Volume 158, Number 23

Registration
SOR/2024-208 October 16, 2024

FIREARMS ACT

Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations

P.C. 2024-1112 October 16, 2024

Whereas, under section 118 of the Firearms Act footnote a, the Minister of Public Safety and Emergency Preparedness had the proposed Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations laid before each House of Parliament at least 30 sitting days before the date of this Order;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations under paragraph 117(i)footnote b of the Firearms Act footnote a.

Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations

Definitions

1 (1) The following definitions apply in these Regulations.

specified device
means a prohibited device referred to in item 4 of Part 4 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. (dispositif visé)
specified firearm
means a prohibited firearm referred to in any of paragraphs 83(a) to (p) or any of items 87 to 96 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, other than one that is referred to in item 2-2 of A Guide to Canada’s Export Control List, published by the Department of Foreign Affairs, Trade and Development, as amended from time to time, as adapted by paragraph 3(2)(a) of the schedule to the Defence Production Act. (arme à feu visée)

Other words and expressions

(2) Unless the context otherwise requires, all other words and expressions used in these Regulations have the same meaning as in the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Shipment of specified firearms

2 Despite section 15 of the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations, a business that is a person referred to in paragraph 2(1)(a) or (b) of the Order Declaring an Amnesty Period (2020) may ship, during the period set out in subsection 2(3) of that Order, a specified firearm to a person located in Canada by posting it if

Shipment of specified devices

3 A business that is a person referred to in paragraph 2(1)(c) of the Order Declaring an Amnesty Period (2020) may ship, during the period set out in subsection 2(3) of that Order, a specified device to a person located in Canada by posting it if

Transmission by post

4 The Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations do not apply to the storage and transportation of a specified firearm or specified device in the course of transmission by post within Canada from the time the specified firearm or specified device is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

Coming into force

5 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

On May 1, 2020, the Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted (the 2020 Regulations) reclassified as prohibited approximately 1 500 makes and models of assault-style firearms (ASFs), including their current and future variants. With the identification of new variants, this prohibition now encompasses approximately 2 000 makes and models of ASFs. Firearms capable of discharging a projectile with a muzzle energy greater than 10 000 joules or with a bore diameter of 20 mm or greater were also prohibited. The 2020 Regulations also prescribed the upper receivers of the M16, AR-10, AR-15 and M4 pattern firearms as prohibited devices.footnote 1 The accompanying Order Declaring an Amnesty Period (2020) [the Amnesty Order]footnote 2 protects licensed individuals and businesses who were in lawful possession of one or more of the ASFs or devices prohibited on May 1, 2020 (the prohibited items) from criminal liability while they take steps to come into compliance with the law.

The safe and secure removal of the prohibited items from communities is necessary to reduce the significant risk they pose to public safety and the possibility of the prohibited items being diverted to illegal markets.

The Government of Canada is developing the Firearms Buyback Program (the Program) to create an additional pathway to comply with the law by providing affected owners across the country with the opportunity to benefit from compensation. The goal of the Program is to support the destruction of the prohibited items or to facilitate the deactivation of the prohibited ASFs, as determined by the owner, beginning with affected businesses (Phase 1).footnote 3 Given that businesses currently use services such as carriers licensed under the Firearms Act (licensed carriers) to ship restricted and prohibited firearms, or the Canada Post Corporation (Canada Post) to ship non-restricted and restricted firearms and prohibited handguns, Phase 1 of the Program would leverage existing and familiar shipping methods for affected businesses to participate.

Without regulatory amendments, the shipping by post of the prohibited ASFs by affected businesses would be a contravention of the Firearms Act, the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations and the Criminal Code. Further, the shipping by post of prohibited devices would be a contravention of the trafficking offences in the Criminal Code (sections 99 to 101). As a result, the prohibited items are deemed non-mailable matter under the Non-mailable Matter Regulations under the Canada Post Corporation Act. Therefore, affected businesses would only be able to use licensed carriers to participate in Phase 1. Access to licensed carriers may be challenging for some affected businesses, particularly those in rural and remote areas. The Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations (the Regulations) remove these legal barriers by authorizing the shipment by post by affected businesses of the prohibited items under the Firearms Act. In this way, the Regulations would expand the range of shipping methods available for affected businesses to participate in Phase 1 of the Program, having the option of shipping the prohibited items by a licensed carrier or by post for the purpose of destruction.

Background

Aligned with the 2019, 2020 and 2021 Speeches from the Throne and Mandate Letters to the Minister of Public Safety, the Minister of Justice and the Attorney General of Canada, as well as the Deputy Prime Minister, the Government of Canada has committed to the mandatory disposal of the prohibited items, which includes turning them in for destruction at the Government’s expense. The total number of affected ASFs held by businesses and individuals is now estimated to be approximately 150 000. The number of affected prohibited devices is unknown. Since the 2020 Regulations came into force, approximately 1 400 ASFs have been recorded with the Royal Canadian Mounted Police’s Canadian Firearms Program as having been destroyed.

Accompanying the May 1, 2020, prohibition was the Amnesty Order that provides an amnesty period to afford affected persons time to come into compliance with the law. During the amnesty period, including throughout the implementation of the Program, owners may still choose to dispose of the prohibited items in the ways set out in the Amnesty Order. For example, affected owners can deliver them to the police for no compensation, deactivate or export them at their own expense or, in the case of businesses, return them to the manufacturer. The amnesty period is currently in effect and will expire on October 30, 2025.

An estimated 2 400 businesses are licensed to possess firearms. Of these, an estimated 370 are known to possess previously restricted ASFs. The number of businesses that may hold previously non-restricted ASFs is currently unknown. The number of affected prohibited devices held by businesses is also unknown. According to recent data, the 370 businesses possess 7 296 previously restricted ASFs, with an estimated 1 778 previously non-restricted ASFs held by the remaining businesses, many of which may have only one in their inventory, for a total of 9 074  ASFs.

On April 26, 2023, the Government announced that the Program would be implemented in two phases. Phase 1 will involve affected businesses. Phase 2 will focus on affected individuals.

Businesses have been permitted to ship firearms by post for over 20 years. Currently, the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations under the Firearms Act authorize businesses to ship by post non-restricted and restricted firearms and prohibited handguns. These firearms can only be shipped by post if the destination is within Canada and if the firearm is posted using the most secure means of transmission by post that is offered by Post Canada, which includes the requirement to obtain a signature on delivery.

Objective

The objective of the Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations (the Regulations) is to enable businesses protected under the Amnesty Order that are in possession of the prohibited items and have entered into an agreement with the Government of Canada to ship them by post to designated recipients located in Canada for the purposes of destruction. By removing the regulatory barrier to shipping by post, the Regulations support the implementation of Phase 1 of the Program by providing an additional method to ship the prohibited items such that affected businesses participating in Phase 1 could choose to ship via licensed carrier or Canada Post.

The Regulations do not impact the ability of affected businesses to dispose of the prohibited items through existing means permitted under the Amnesty Order (e.g. deliver them in person to the police without compensation, deactivate or export them at their own expense or, if it is a business, return them to the manufacturer).

Description

The Regulations introduce new authorities for affected businesses to ship by post the prohibited items, specifically those in paragraphs 83(a) to (p), any items in 87 to 96 of Part 1 or item 4 of Part 4 of the Schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.

The Regulations permit businesses to ship by post the prohibited items only if the following conditions are met:

These conditions must be met for the prohibited items to be deemed mailable matter under the Canada Post Corporation Act and its Non-mailable Matter Regulations. The ability to enter into an agreement with the Government of Canada will be available at a later date to be communicated by Public Safety Canada. Furthermore, to ensure that the prohibited items are shipped via post securely, the packaging conditions are consistent with existing practices for other mailable firearms (i.e. non-restricted firearms, restricted firearms and prohibited handguns). If the conditions are not met, it is not lawful to ship the prohibited items by post.

Like existing processes for non-restricted and restricted firearms, Canada Post will not be required to meet storage and transportation measures under the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations in the course of transmission by post from the time the prohibited items are posted to the time they are delivered to the addressee or returned to the sender. Requirements on how a firearm is transported in the course of transmission by post are established by Canada Post (i.e. from the time the item is posted to the time it is delivered).

Furthermore, the Regulations do not authorize prohibited ASFs that are also a controlled good listed in the Schedule of the Defence Production Act (the Controlled Goods List) to be shipped by Canada Post. The transfer of goods listed under the Controlled Goods List must comply with requirements under the Amnesty Order, the Controlled Goods Regulations and the existing requirements under the Controlled Goods Program managed by Public Services and Procurement Canada.

Regulatory development

Consultation

The Regulations are temporary, targeted and facilitative in nature. They will not affect any ongoing possessory or use interest in these prohibited ASFs and devices as the use and possession have already been prohibited by the 2020 Regulations, with the exception of the limited use permitted under the Amnesty Order (i.e. use by sustenance hunters and persons exercising treaty rights). For these reasons, Public Safety Canada did not conduct public consultations on the proposal and the Regulations were not prepublished in the Canada Gazette, Part I.

However, the Regulations have been informed by consultations undertaken in 2022 and 2023 by Public Safety Canada with the industry, as well as with provincial, territorial and municipal partners, including law enforcement, to gather technical information to assist in the design of the Program.

Furthermore, the Regulations have been informed by consultations with other federal government departments, including the Department of Justice Canada and Public Services and Procurement Canada, as well as Post Canada.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, a preliminary assessment has been conducted for the Regulations and no implications on Canada’s modern treaty obligations were identified. The Regulations are facilitative in nature and provide an additional shipping method for affected businesses to participate in Phase 1 of the Program such that they could choose to ship via licensed carrier or Canada Post.

Instrument choice

The prohibited items are non-mailable matter under the Non-Mailable Matter Regulations because it is currently a contravention of the Firearms Act and the Criminal Code to ship them by post. Therefore, the only available instrument to authorize the prohibited items to be shipped by post is a regulatory change to make them mailable matter. In so doing, the shipment by post of the prohibited items by affected businesses would no longer engage the Criminal Code trafficking offences. For safety and security reasons, the Regulations also needed to impose conditions and requirements for the prohibited items to be shipped via post. No non-regulatory options were available to meet the policy objective. While legislative change would also have been an option, this would also have had to be done in conjunction with regulatory changes, including to ensure there would have been no conflict with the existing limits on which firearms and devices can be shipped by post according to the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Regulatory analysis

Benefits and costs

The Regulations remove a regulatory barrier by allowing for the shipping of the prohibited items by post.

Ultimately, the Regulations provide for another shipping method to support affected businesses who choose to turn in the prohibited items for compensation as part of Phase 1 of the Program. However, it should be noted that affected businesses may decide to continue to use their preferred licensed carrier of choice. Thus, a readily accessible shipping by post option presents a benefit to affected businesses, as it provides them with an additional way by which they can turn in the prohibited items for compensation.

Providing for more shipping options does not result in any incremental costs to the government. Phase 1 provides compensation to affected businesses who choose to participate irrespective of whether they ship by post or a licensed carrier to turn in the prohibited items. Overall, by allowing the prohibited items to be mailable matter, the Government of Canada is able to advance the implementation of Phase 1 in a manner that is efficient and comprehensive.

Furthermore, Canada Post will charge a fee to cover the costs of shipping, as they do for all mailed items. The postage fee will be directly charged to the affected business who will then submit this expense for reimbursement through the Program. Canada Post may see an increase in demand for their services. However, this increase is not expected to be significant given that the volume of firearms held by businesses is not estimated to be large (i.e. approximately 9 074) and there continues to be licensed carriers who will be providing this service to businesses as well.

Small business lens

Analysis using the small business lens concluded that the Regulations impact small businesses. The Regulations provide an option to affected small businesses to ship by post the prohibited items in order to participate in Phase 1 of the Program. Allowing for more choice presents a benefit as it gives affected small businesses more shipping options to turn in the prohibited items.

One-for-one rule

The one-for-one rule does not apply, as there are no incremental administrative impacts on businesses. Affected businesses that ship the prohibited items by post to participate in Phase 1 will experience the same administrative burden as businesses that ship by licensed carrier. In both cases, businesses will need to provide detailed information to participate in the Program and arrange for turning in the prohibited items.

Regulatory cooperation and alignment

The Regulations do not have any linkage to international agreements or obligations. The Regulations are not part of an existing formal regulatory cooperation initiative (e.g. the Canada–United States Regulatory Cooperation Council, the Canada–European Union Regulatory Cooperation Forum, the Federal-Provincial-Territorial Regulatory Reconciliation and Cooperation Table).

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan was conducted and did not identify any potential environmental effects, positive or negative. No difference in environmental impacts is expected between shipping the prohibited items by post versus using a licensed carrier. Other environmental impacts may occur based on the design of the Program and not as a result of the Regulations.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the Regulations.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force on registration. Affected businesses will need to meet all conditions set out in the Regulations in order to ship by post the prohibited items. This includes entering into an agreement with the Government of Canada for the purposes of destruction, packaging the prohibited items in accordance with the Regulations, and shipping them by post to designated recipients located in Canada. Information about when and how affected businesses can participate in Phase 1, including the ability to enter into an agreement, will be available at a later date to be communicated by Public Safety Canada. The Regulations do not authorize prohibited ASFs that are also a controlled good listed in the Controlled Goods List to be shipped by post.

The prohibited ASFs that are controlled goods, and other prohibited firearms and prohibited devices that are not impacted by the 2020 Regulations, are not eligible to be shipped by post.

Compliance and enforcement

The Regulations include conditions that must be met in order for businesses to lawfully ship by post the prohibited items. If these conditions are not met, then businesses who ship the prohibited items by post will be in contravention of Part III of the Criminal Code (Firearms and Other Weapons), the Firearms Act, regulations under the Firearms Act and the Non-Mailable Matter Regulations under the Canada Post Corporation Act, and will be subject to their associated penalties, including being liable to imprisonment.

Contact

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