Public Agents Firearms Regulations (SOR/98-203)

Regulations are current to 2016-02-03 and last amended on 2006-10-26. Previous Versions

  •  (1) Every public service agency shall ensure that a report of each protected firearm described in subsection 8(1.1) that is still in its possession after October 31, 2009 is provided to the Registrar without delay.

  • (2) The report shall include the information referred to in subsection 8(3).

  • SOR/2004-265, s. 6;
  • SOR/2005-240, s. 2;
  • SOR/2006-258, s. 2.

Coming into Possession — Agency Firearms

  •  (1) Every public service agency shall ensure that a report of each firearm that comes into its possession for use as an agency firearm after October 31, 2008 is provided to the Registrar without delay.

  • (2) The report shall include the following information:

    • (a) the name and public agency identification number of the public service agency or unit making the report;

    • (b) with respect to the firearm, its firearm identification number or, if there is none, the information referred to in paragraphs 8(2)(a) to (i); and

    • (c) if applicable, a statement that the firearm was imported by the public service agency or unit.

  • (3) This section does not apply in respect of a transaction that is required to be reported to the Registrar under subsection 26(1) of the Act or section 13 of these Regulations.

  • SOR/98-468, s. 2;
  • SOR/99-109, s. 2;
  • SOR/2001-9, s. 2;
  • SOR/2002-443, s. 1;
  • SOR/2003-401, s. 1;
  • SOR/2004-265, s. 7;
  • SOR/2005-240, s. 3;
  • SOR/2006-258, s. 1.

Coming into Possession — Protected Firearms

[SOR/2004-265, s. 8]
  •  (1) Every public service agency shall ensure that a report of each firearm that comes into its possession after October 31, 2008 and that it keeps as a protected firearm is provided to the Registrar, subject to subsection (1.1), within 30 days after the coming into possession.

  • (1.1) If the Canada Border Services Agency comes into the possession of a firearm other than through abandonment, seizure or forfeiture and the firearm remains in the possession of the Agency for more than 90 days, the Agency shall ensure that the report is made without delay after the 90 days.

  • (2) The report shall include the following information:

    • (a) the name and public agency identification number of the public service agency or unit making the report;

    • (b) with respect to the firearm, its firearm identification number or, if there is none, the information referred to in paragraphs 8(2)(a) to (i);

    • (c) whether the firearm was found, detained, seized, surrendered in an amnesty or otherwise surrendered;

    • (d) the case reference or file reference respecting the firearm, if applicable; and

    • (e) if applicable, a statement that the firearm was imported by the public service agency or unit.

  • (3) This section does not apply in respect of

    • (a) a firearm that has been in the possession of the public service agency for less than 72 hours; or

    • (b) a transaction that is required to be reported to the Registrar under subsection 26(1) of the Act or section 13 of these Regulations.

  • SOR/98-468, s. 2;
  • SOR/99-109, s. 2;
  • SOR/2001-9, s. 3;
  • SOR/2002-443, s. 1;
  • SOR/2003-401, s. 1;
  • SOR/2004-265, s. 9;
  • SOR/2005-240, s. 4;
  • SOR/2006-258, s. 1.

Marking or Attaching Firearm Identification Number

  •  (1) If an agency firearm of a public service agency does not bear a serial number sufficient to distinguish it from other firearms, the public service agency shall, after a firearm identification number is assigned, ensure that the number is permanently and legibly stamped or engraved on a visible place on the firearm’s frame or receiver.

  • (2) Subsection (1) does not apply in respect of an agency firearm kept for the exclusive use of peace officers involved in covert operations.

  • SOR/2004-265, s. 10.

 If a protected firearm in the possession of a public service agency has been issued a sticker under subsection 7(2), the public service agency shall ensure that the sticker is attached to a visible place on the firearm’s frame or receiver.

  • SOR/2004-265, s. 10.

Lost or Stolen Firearms

  •  (1) A public service agency that suffers the loss or theft of a firearm shall ensure that a report of the event is provided to the Registrar without delay.

  • (2) The report shall include the following information:

    • (a) the name and public agency identification number of the public service agency or unit making the report; and

    • (b) with respect to the firearm, its firearm identification number or, if there is none, the information referred to in paragraphs 8(2)(a) to (i).

  • SOR/2004-265, s. 11.

Modification to Agency Firearms

 Every public service agency shall ensure that the Registrar is advised of any modification to one of its agency firearms that changes the class of the firearm within 30 days after the modification is made.

  • SOR/2004-265, s. 11.

Transactions Involving Firearms

  •  (1) Subject to subsections (2) and (3), a public service agency may only sell, barter, give, lend or rent a firearm to another public service agency.

  • (2) A public service agency may give or lend a firearm to a department, an agency or a police force of a foreign government, national or otherwise, for purposes of evidence in judicial proceedings.

  • (3) A public service agency may return an agency firearm to the business that supplied it if the firearm is defective.

  • (4) For greater certainty, nothing in this section prevents a public service agency from returning a protected firearm to a person who is entitled to it.

  • SOR/2004-265, s. 11.
  •  (1) A public service agency that sells, barters, gives, lends or rents a firearm or returns a firearm under subsection 12.1(3) shall ensure that a report on the transaction is provided to the Registrar

    • (a) in the case of a firearm that is sold, bartered, given or returned, without delay; and

    • (b) in the case of a firearm that is loaned or rented,

      • (i) if the firearm is intended to be lent or rented for more than 180 days, without delay, and

      • (ii) if the firearm is not intended to be lent or rented for more than 180 days but the period that the firearm is lent or rented lasts longer than 180 days, without delay after the 180 days.

  • (2) A public service agency that lends or rents a firearm that is required to be reported under paragraph (1)(b) shall ensure that a report of the return of the firearm is provided to the Registrar without delay.

  • (3) A report under subsection (1) or (2) shall include the following information:

    • (a) the names of the parties to the transaction and their public agency identification numbers, if any; and

    • (b) with respect to the firearm, its firearm identification number or, if there is none, the information referred to in paragraphs 8(2)(a) to (i).

  • SOR/2004-265, s. 11.
  •  (1) A public service agency that returns a protected firearm to the person entitled to it shall ensure that a report on the transaction is provided to the Registrar without delay.

  • (2) The report shall include the following information:

    • (a) the name and public agency identification number of the public service agency or unit making the report;

    • (b) with respect to the firearm, its firearm identification number or, if there is none, the information referred to in paragraphs 8(2)(a) to (i);

    • (c) the number of the registration certificate for the firearm, if any; and

    • (d) the licence number of the person entitled to the firearm or, if that person is a non-resident who does not hold a licence, the name of the person.

  • SOR/2004-265, s. 11.

Disposal of Firearms

  •  (1) Before a public service agency disposes of a firearm, the agency shall offer the firearm to the chief firearms officer of the province in which the firearm is stored or to the Commissioner of the Royal Canadian Mounted Police, for destruction or for any scientific, research or educational purpose, or for preservation as a historical firearm.

  • (2) If the offer referred to in subsection (1) is refused, the public service agency may only dispose of the firearm by having it destroyed.

  • SOR/2004-265, s. 11.
 
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