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Public Agents Firearms Regulations (SOR/98-203)

Regulations are current to 2019-11-19 and last amended on 2006-10-26. Previous Versions

Public Agents Firearms Regulations

SOR/98-203

FIREARMS ACT

Registration 1998-03-24

Public Agents Firearms Regulations

P.C. 1998-478 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had the proposed Public Agents Firearms Regulations, substantially in the annexed form, laid before each House of Parliament on October 30, 1997, which date is at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 117(l) and (m) of the Firearms Acta, hereby makes the annexed Public Agents Firearms Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

agency firearm

agency firearm means a firearm that is in the possession of a public service agency for use by its public agents. (arme à feu d’agence)

agency identification number

agency identification number[Repealed, SOR/2004-265, s. 1]

class

class means one of the following classes of firearms, namely, prohibited firearms, restricted firearms and non-restricted firearms. (classe)

controlled item

controlled item means a prohibited device, a prohibited weapon, a restricted weapon or prohibited ammunition. (article contrôlé)

firearm identification number

firearm identification number means a number assigned to a firearm under paragraph 7(1)(b). (numéro d’enregistrement)

non-restricted firearm

non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

protected firearm

protected firearm means a firearm that is in the possession of a public service agency and that is not an agency firearm. (arme à feu protégée)

public agent

public agent means

  • (a) any of the following persons in the course of their duties or for the purposes of their employment:

    • (i) peace officers,

    • (ii) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province,

    • (iii) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed to be public officers by the Regulations Prescribing Public Officers, and

    • (iv) chief firearms officers and firearms officers, and

  • (b) an individual acting on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province. (agent public)

public agency identification number

public agency identification number means the number assigned to a public service agency or unit under paragraph 7(1)(a). (numéro d’identification)

public service agency

public service agency means a police force, a department or agency of the public service of Canada or of a province or municipality, a police academy or other public agency that employs or otherwise has under its authority public agents. (agence de services publics)

sticker

sticker means a self-adhesive label issued by the Registrar under subsection 7(2). (étiquette)

unit

unit means any part of a public service agency. (subdivision)

  • SOR/2004-265, s. 1

Application

 These Regulations apply to:

  • (a) public service agencies; and

  • (b) public agents.

Storage of Firearms

  •  (1) A public agent who is assigned an agency firearm or a controlled item shall, when the firearm or item is not in use,

    • (a) ensure that it is stored in a container, receptacle, vault, safe or room, controlled by a public service agency, that is kept securely locked and is constructed so that it cannot readily be broken open or into; or

    • (b) store it in a dwelling house if authorized by the public service agency under whose authority the agent acts.

  • (2) A public agent who stores an agency firearm in a dwelling house shall store the firearm

  • (3) A public agent who stores a controlled item in a dwelling house shall store the item

    • (a) in a container or receptacle that is kept securely locked and that is constructed so that it cannot readily be broken open or into; or

    • (b) in accordance with instructions given to the agent under subsection (4).

  • (4) A public service agency may give written instructions respecting the safe storage of its agency firearms and controlled items in a dwelling house.

  • SOR/2004-265, s. 2
  •  (1) Every public service agency shall ensure that its agency firearms and controlled items that have been assigned to a public agent are stored in accordance with subsections 3(1) to (3) when the firearms or items are not in use.

  • (2) Every public service agency shall ensure that its agency firearms and controlled items that have not been assigned to a public agent and its protected firearms are stored in a container, receptacle, vault, safe or room, controlled by the agency, that is kept securely locked and is constructed so that it cannot readily be broken open or into.

  • SOR/2004-265, s. 2

Training

 Every public service agency shall ensure that each public agent whom it employs, or otherwise has under its authority, and who stores, handles, transports, possesses or uses firearms in the course of his or her duties receives training appropriate to his or her particular duties before storing, handling, transporting, possessing or using them.

  • SOR/2004-265, s. 2

Public Agency Identification Number

  •  (1) Every public service agency shall ensure that one or more applications for public agency identification numbers have been made to the Registrar so that the agency, including all of its units, will be covered by one or more of those numbers.

  • (2) An application shall include the name, address, telephone number and, if applicable, facsimile number and electronic mail address of the public service agency or unit making the application.

  • SOR/2004-265, s. 2

Duties of the Registrar

  •  (1) The Registrar shall assign:

    • (a) a public agency identification number to any public service agency or unit that applies for one under section 6 or reports that it has possession of a firearm; and

    • (b) a firearm identification number to an agency firearm or a protected firearm reported under subsection 8(1), 8.1(1), 9(1) or 10(1) or (1.1) in respect of which a firearm identification number has not already been assigned.

  • (2) In the case of a protected firearm that does not bear either a serial number sufficient to distinguish it from other firearms or a firearm identification number, the Registrar shall issue a sticker that bears the firearm identification number assigned to the firearm.

  • SOR/2004-265, s. 3

Change of Name or Address

 Every public service agency and unit that has been assigned a public agency identification number shall advise the Registrar of a change of its name or address within 30 days after the change.

  • SOR/2004-265, s. 4

Initial Firearm Inventory

  •  (1) Every public service agency shall ensure that on or before October 31, 2009 the Registrar is provided with one or more reports that set out the inventory of all agency firearms and protected firearms in the agency’s possession on October 31, 2008.

  • (1.1) For the purposes of subsection (1), inventory does not include protected firearms in the public service agency’s possession on October 31, 2008 that the agency intends to dispose of on or before October 31, 2009.

  • (1.2) A report shall include the name and the public agency identification number of the public service agency or unit making the report.

  • (2) For each agency firearm set out in a report referred to in subsection (1), the public service agency or unit making the report shall include the following information:

    • (a) serial number, if any;

    • (b) make;

    • (c) the name of the manufacturer if different from the make;

    • (d) model, if known;

    • (e) type;

    • (f) action;

    • (g) calibre or gauge;

    • (h) the barrel length if it is shorter than 470 mm; and

    • (i) the quantity of ammunition that the cartridge magazine can contain.

  • (3) For each protected firearm set out in a report referred to in subsection (1), the public service agency or unit making the report shall include the following information:

    • (a) the serial number, if any;

    • (b) the type;

    • (c) whether the barrel length is shorter than 470 mm; and

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

  • (4) [Repealed, SOR/2004-265, s. 5]

  • SOR/98-468, s. 2
  • SOR/99-109, s. 2
  • SOR/2001-9, s. 1
  • SOR/2002-443, s. 1
  • SOR/2003-401, s. 1
  • SOR/2004-265, s. 5
  • SOR/2005-240, s. 1
  • SOR/2006-258, ss. 1, 2
  •  (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
  •  (1) Every public service agency shall ensure that a report of each firearm that it disposes of is provided to the Registrar within 30 days after the disposal.

  • (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) the date, place and method of destruction.

  • (3) Subsection (1) does not apply in respect of a protected firearm that is in the possession of a public service agency on October 31, 2008 and that the agency disposes of on or before October 31, 2009.

  • SOR/2004-265, s. 11
  • SOR/2005-240, s. 5
  • SOR/2006-258, ss. 1, 2

Offence

 For the purposes of paragraph 117(o) of the Act, a public agent who contravenes any of subsections 3(1) to (3) commits an offence.

  • SOR/2004-265, s. 11

Coming into Force

  •  (1) Subject to subsection (2), these Regulations come into force on December 1, 1998.

  • (2) Sections 8 to 10.2 and 12 to 16 come into force on October 31, 2008.

  • SOR/98-468, s. 1
  • SOR/98-471, s. 5
  • SOR/99-109, s. 1
  • SOR/2001-9, s. 4
  • SOR/2002-443, s. 1
  • SOR/2003-401, s. 1
  • SOR/2004-265, s. 12
  • SOR/2005-240, s. 6
  • SOR/2006-258, s. 3
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