Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations: SOR/2024-176

Canada Gazette, Part II, Volume 158, Number 20

Registration
SOR/2024-176 September 10, 2024

FIREARMS ACT

P.C. 2024-1003 September 9, 2024

Whereas the Minister of Public Safety and Emergency Preparedness is of the opinion that changes made to the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations ^{footnote a} by the annexed Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations are so immaterial or insubstantial that section 118 of the Firearms Act ^{footnote b} should not be applicable in the circumstances;

And whereas that Minister will, in accordance with subsection 119(4) of that Act, have a statement of the reasons why he formed that opinion laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations under section 117^{footnote c} of the Firearms Act ^{footnote b}.

Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

Amendments

1 The portion of section 4 of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations ^{footnote a} before paragraph (a) is replaced by the following:

4 The Commissioner or the chief firearms officer, as the case may be, shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun in the circumstances described in section 2 or paragraph 3(a), unless

2 Section 4.1 of the Regulations is replaced by the following:

4.1 For the purposes of subsections 67(1) and (1.1) of the Act, the manner in which an authorization to carry is renewed in the same as the manner in which it can be issued.

3 Section 6 of the Regulations is replaced by the following:

6 (1) An authorization to carry issued to an individual for the purposes of paragraph 20(a) of the Act shall have the following conditions attached to it:

• (a) if the individual is authorized to possess more than one restricted firearm or prohibited handgun, that the individual carry not more than one of them at a time; and
• (b) that the individual carry the restricted firearm or prohibited handgun in a holster.

(2) An authorization to carry issued to an individual for the purposes of paragraph 20(b) of the Act shall have the conditions set out in subsection (1) and the following conditions attached to it:

• (a) that the individual notify the chief firearm officer if the individual ceases to be employed or engaged in the lawful profession or occupation or changes employers; and
• (b) if the individual needs the restricted firearms or prohibited handguns in the circumstances described in paragraph 3(a), that the individual wear a uniform.

4 Section 7 of the Regulations is replaced by the following:

7 An individual’s authorization to carry shall be revoked if

• (a) the individual’s licence to possess any of the firearms referred to in the authorization is revoked or has expired;
• (b) the individual’s physical or mental state has deteriorated to an extent that may affect the safety of the individual or of any other person; or
• (c) it was issued for the purpose of a lawful profession or occupation and the individual ceases to be employed or engaged in the lawful profession or occupation.

5 Section 8 of the Regulations is replaced by the following:

8 (1) If the Commissioner or a chief firearms officer refuses to issue an authorization to carry or revokes an authorization to carry, they shall give written notice of the decision to the applicant for or holder of the authorization. The notice is to include reasons for the decision.

(2) The Commissioner or a chief firearms officer need not disclose any information the disclosure of which could endanger the safety of any person.

6 (1) The portion of subsection 9(1) of the Regulations before paragraph (a) is replaced by the following:

9 (1) A notice of a decision to refuse to issue an authorization to carry is sufficiently given if the notice is addressed to the applicant for the authorization to carry at their address that is set out in the application for the authorization or, if the individual has advised the Commissioner or the chief firearms officer of a change of that address, at the new address, and it is

(2) The portion of subsection 9(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A notice of a decision to revoke an authorization to carry is sufficiently given if the notice is addressed to the holder of the authorization at their address that is set out in the application for the authorization or, if the individual has advised the Commissioner or the chief firearms officer of a change of that address, at the new address, and the notice is

Coming Into Force

7 These Regulations come into force on October 1, 2024.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

An Act to amend certain Acts and to make certain consequential amendments (firearms) [former Bill C-21] amended the Firearms Act (the Act) to transfer the authority to issue, revoke and renew Authorizations to Carry (ATC) for the protection of life from the Chief Firearms Officer (CFO) to the Commissioner of Firearms (Commissioner).

As such, amendments to the Authorization to Carry Restricted Firearms and Certain Handguns Regulations (the Regulations) are needed to reflect the transfer of this authority from CFOs to the Commissioner.

Background

The Act sets conditions for the legal 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 firearms.

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

The Regulations further detail the framework governing ATCs. This includes eligibility criteria for issuance, renewal and revocation of ATCs, as well as the conditions which must be attached to an ATC.

The Regulations set out the three conditions which must be met for an applicant to qualify for an ATC for protection of life:

• (1) the life of the applicant, or those around them, is in imminent danger from one or more individuals;
• (2) police protection is not sufficient; and
• (3) the possession of restricted firearms or prohibited handguns can be reasonably justified for protecting the applicant from death.

In accordance with the Act, the Canadian Firearms Program (CFP) of the Royal Canadian Mounted Police (RCMP) oversees firearms licences and registration, maintains national firearm safety training standards, assists law enforcement agencies and aims to enhance public safety. The CFP operates under the authority of the Commissioner, an official appointed by the Governor in Council. Since 2006, this position has been held by the Commissioner of the RCMP.

As part of the CFP, CFOs are responsible for administering provisions of the Act within their provincial and/or territorial jurisdiction, including the issuance of ATCs, firearms licences, and for ensuring continuous eligibility to hold a firearms licence. Pursuant to the Act, each province may designate their own CFO. The federal Minister of Public Safety and Emergency Preparedness designates CFOs for territories and for any province that does not designate their own. As of spring 2024, seven provinces have provincially designated CFOs — Alberta, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan.

Former Bill C-21, which received royal assent on December 15, 2023, included provisions to transfer the authority to issue, revoke, renew, and attach conditions to protection of life ATCs to the Commissioner, while maintaining the CFOs’ authority over ATCs for lawful profession or occupation (e.g. cash-in-transit employees, protection from wild animals in remote wilderness, trappers). The Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (the amendments) are intended to ensure consistency in the application of these provisions across jurisdictions. Having the Commissioner review all applications will standardize the process and ensure consistency in the administration of protection of life ATCs across jurisdictions. Furthermore, they will enable ATCs issued for protection of life to be valid in geographic areas specified by the Commissioner, without being limited to a single provincial/territorial jurisdiction. Prior to former Bill C-21, ATCs issued by a CFO were not valid outside of the province or territory in which they were issued. Finally, each CFO currently has a process specific to their region for the issuance of ATCs for protection of life.

Objective

These amendments to the Regulations will reflect that the authority to issue, revoke, renew, and attach conditions to protection of life ATCs in the Firearms Act has been transferred to the Commissioner by former Bill C-21.

Description

These amendments align the Regulations with changes to the Act which transfer, from CFOs to the Commissioner, the decision-making authority for the issuance, revocation, and renewal of protection of life ATCs for individuals for restricted firearms or prohibited handguns, as well as for attaching conditions to these authorizations. The regulatory framework for these ATCs will remain the same (e.g. criteria for issuance or revocation). These ATCs will continue to be provided only in cases of an immediate threat to life and where police protection may be insufficient.

Regulatory development

Consultation

These amendments were not prepublished, as the change is administrative in nature and consequential to the related legislative changes. They have been developed in consultation with the CFP.

CFOs were briefed on the contents of former Bill C-21 in advance of royal assent and were advised that regulatory amendments would be required to bring the legislative amendments related to the transfer of authority for protection of life ATCs into force. CFOs have been engaged to define the operational requirements for this change.

Modern treaty obligations and Indigenous engagement and consultation

The amendments do not change the application of the Regulations; they only align the language in the Regulations with the legislative changes from Bill C-21. As such, there are no anticipated impacts with respect to modern treaty obligations or Indigenous communities.

Instrument choice

Former Bill C-21 included provisions to centralize the issuing authority for protection of life ATCs under the Commissioner. Given that the existing Regulations identify CFOs as the sole issuing authorities for all ATCs, the Regulations need to be updated to reflect the transfer of this authority to the Commissioner. Therefore, regulatory amendments are the only option.

Regulatory analysis

Benefits and costs

There are no costs associated with this initiative. The benefit of these amendments is that they ensure the Regulations align with the legislative changes.

Small business lens

Analysis under the small business lens concluded that the amendments do not impact Canadian small businesses, as businesses cannot apply for ATCs.

One-for-one rule

The one-for-one rule does not apply, as there is no impact on businesses.

Regulatory cooperation and alignment

The amendments do not change the application of the Regulations, they only align the language in the Regulations with the legislative changes from former Bill C-21. Therefore, there are no changes associated with these amendments that impact other regulatory jurisdictions. Further, the amendments are not related to any work plans or commitments under formal regulatory cooperation forums.

Effects on the environment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The amendments do not change the application of the Regulations, they only align the language in the Regulations with the legislative changes from former Bill C-21. No impacts based on gender and other identity factors have been identified for these amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The date set for the coming into force of these regulatory amendments is October 1, 2024. This is also the date set for the coming into force of relevant legislative amendments to the Firearms Act, as set out in a related Order in Council. 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.

Individual Canadians who hold or require an ATC for the protection of life will be minimally impacted. Although the internal administrative channel for ATC applications and renewals will change, the requirements for submitting an application will remain the same; applications will simply be submitted to, and responses will come from, a centralized office, rather than the CFO of jurisdiction.

All existing ATCs for personal protection continue to be valid, subject to ongoing review. The only change for individual Canadians who hold or require an ATC for the protection of life will be that applications for issuance or renewal will now be made to a central office at CFP headquarters. This office will implement and communicate the Commissioner’s decisions.

Contact

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