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Public Agents Firearms Regulations (SOR/98-203)

Regulations are current to 2022-07-25 and last amended on 2006-10-26. Previous Versions

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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