Ottawa, Ontario K1A 0A9
16 February 2005
Mr. Garry Breitkreuz, M.P.
Room 452-D
Centre Block
House of Commons
Ottawa
Dear Mr. Breitkreuz:
Further to your request of 3 February 2005, enclosed is a paper entitled Public Consultations on Firearms Regulations and Publication in the Canada Gazette.
Should you require further information on this or any other subject, please do not hesitate to contact the Parliamentary Information and Research Service.
Yours sincerely,
Wade Raaflaub
Law and Government Division
Parliamentary Information
and Research Service
WR/dl
Encl.
PUBLIC CONSULTATIONS ON FIREARMS
REGULATIONS AND PUBLICATION IN THE
CANADA GAZETTE
Wade Raaflaub
Law and Government Division
Library of Parliament
Bibliothèque du Parlement
16 February 2005
LIBRARY OF PARLIAMENT
BIBLIOTHÈQUE DU PARLEMENT
1
PUBLIC CONSULTATIONS ON FIREARMS REGULATIONS
AND PUBLICATION IN THE CANADA GAZETTE
OVERVIEW
In December 2004, amendments enacted to several regulations under the Firearms Act were published in the Canada Gazette. The purpose of this paper is to provide a possible explanation as to why no concerns about certain of them were noted on publication, despite e-mails from members of the public expressing concerns to a parliamentary committee considering the regulations. Possible recourse for individuals who consider the Canada Gazette statement to be inaccurate is also discussed.
PUBLIC CONSULTATIONS PRIOR TO FINAL PUBLICATION
Draft regulations under the Firearms Act([1]) were pre-published in the Canada Gazette on 21 June 2003, for the purpose of obtaining public input before being finalized.([2]) On 13 June 2003, the proposed regulations had also been tabled in the House of Commons and the Senate, as required by the Firearms Act.([3]) They were considered by the House of Commons Standing Committee on Justice and Human Rights on 23 October 2003, at which time oral submissions were made only by representatives from the Canada Firearms Centre.([4]) The regulations were also considered by the Senate Standing Committee on Legal and Constitutional Affairs on 29October 2003,([5]) at which time submissions were made by the then Solicitor General of Canada,([6]) officials from the Canada Firearms Centre, a representative from the Coalition for Gun Control,([7]) and a representative from the National Firearms Association.([8])
The Standing Committee on Justice and Human Rights chose not to report back to the House of Commons regarding the proposed regulations.([9]) However, the Standing Committee on Legal and Constitutional Affairs reported back to the Senate on 6 November 2003, with two recommendations.([10]) The first was that a report should be made public regarding the consultations being held by the Canada Firearms Centre into the proposed regulations and delivery of the firearms program. The second was that administrative fees should be reviewed to ensure that they are affordable, and that the firearms community is not covering a disproportionate share of the costs of the firearms program.
The Canada Firearms Centre consultation process was ongoing from the time that the proposed regulations were tabled in Parliament and pre-published in June 2003, but there was specifically an online consultation only between 6 August and 30 September 2003.([11]) A document entitled Summary of Consultations on the Canadian Firearms Program and Proposed Changes to the Firearms Act Regulations was made available by the Canada Firearms Centre in August 2004.([12]) The regulations were published in final form in the Canada Gazette on 15December 2004.([13])
CONCERNS ABOUT THE FIREARMS REGULATIONS
The enacted firearms regulations published in the Canada Gazette in December 2004 included Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) (“Firearms Importation Amending Regulations”).([14]) The Regulatory Impact Analysis Statement included for these particular regulations stated that “no concerns regarding the substance of the Regulations were raised during consultations.”([15]) An individual has taken issue with this statement because he and other interested persons sent e-mails to the House of Commons Standing Committee on Justice and Human Rights shortly before, and the day of, its meeting to consider the draft firearms regulations on 23 October 2003.
While the e-mails expressed concerns about several regulations, not all of which will be discussed here, the e-mail from the particular individual taking issue with the December 2004 statement in the Canada Gazette identified concerns about two new sections proposed in the Firearms Importation Amending Regulations.([16]) These require a person to obtain an authorization to import a cylinder, slide bolt, breech-block or barrel of a firearm, and make it an offence to fail to do so. The individual sending the October 2003 e-mail also raised a concern about a proposed $20.00 fee for an authorization to import the listed parts and components. The fee was proposed in June 2003 in draft Regulations Amending the Firearms Fees Regulations.([17])
POSSIBLE REASONS WHY NO CONCERNS
WERE NOTED ON FINAL PUBLICATION
Possible reasons why the December 2004 issue of the Canada Gazette noted no concerns about the Firearms Importation Amending Regulations may be procedural or substantive. The preparation of the Regulatory Impact Analysis Statement is the responsibility of the department sponsoring the regulations, in this case the Canada Firearms Centre, whereas the concerns in the October 2003 e-mails were sent to the House of Commons Standing Committee on Justice and Human Rights. Although officials from the Canada Firearms Centre attended the meeting of the Standing Committee on 23 October 2003, the e-mails may not have been given to, or directly drawn to the attention of, the Canada Firearms Centre. The input provided to the Standing Committee was for the purpose of its own considerations regarding the proposed regulations, and it chose not to make a report.
Further, the Regulatory Impact Analysis Statement included with the published Firearms Importation Amending Regulations refers to several aspects of the consultation process, and several groups consulted, but does not refer to the public hearings of either of the two parliamentary committees that considered the draft regulations.([18]) This suggests that the consultation referred to in the Regulatory Impact Analysis Statement was that conducted by the Canada Firearms Centre itself, and did not include the consultation by the House of Commons Standing Committee on Justice and Human Rights. Even assuming that e-mails similar to those sent to the Standing Committee in October 2003 were also sent to the Canada Firearms Centre, they may have been required to reach the Centre by 30 September 2003, the date that the online portion of its consultation ended.
Certain concerns about the proposed regulations, as well as the fact that the regulations had been considered by committees of the House of Commons and Senate, were discussed by the Canada Firearms Centre in its Summary of Consultations, which was made available on its website in August 2004. Although concerns were not noted about the requirement itself to obtain an authorization to import firearms parts and components, the concern about the $20.00 fee was mentioned. The $20.00 fee was accordingly removed from the draft Regulations Amending the Firearms Fees Regulations, and the associated concern was described in the Regulatory Impact Analysis Statement for those particular regulations.([19])
With respect to the requirement itself to obtain an authorization to import firearms parts and components, it is not clear why the 15 December 2004 issue of the Canada Gazette did not refer to any concerns about it, assuming that concerns about the authorization requirement had been conveyed to the Canada Firearms Centre. The Regulatory Impact Analysis Statement does indicate that ss. 14.1 and 14.2 of the Importation and Exportation of Firearms Regulations (Individuals) were added to allow Canada to meet its international obligations under certain conventions and protocols.([20]) However, this is not used to directly respond to concerns about the content of ss. 14.1 and 14.2, which concerns would quite clearly be substantive. Again, a possible explanation remains that concerns similar to those raised in the October 2003 e-mails to the Standing Committee on Justice and Human Rights were not received by the Canada Firearms Centre, which is responsible for preparing the Regulatory Impact Analysis Statement.
Alternatively, the statement that “no concerns were raised” may have been intended to focus on the general content of the Firearms Importation Amending Regulations, which streamline and fast-track the transport of firearms across the border through pre-processed declaration forms for non-residents, and removing the need for Canadian residents to make written declarations at customs. While concerns about ss. 14.1 and 14.2 would certainly have related to the substance of the regulations, they may simply have been overlooked, although arguably inappropriately so, for the purpose of the Regulatory Impact Analysis Statement.
RECOURSE REGARDING A STATEMENT IN THE CANADA GAZETTE
The Regulatory Impact Analysis Statement included with a regulation and published in the Canada Gazette does not form part of the regulation and is not a legal document. Rather, it is a policy of the Treasury Board to include such Statements in order to provide the context for proposed or enacted regulations. Although the Regulatory Impact Analysis Statement is approved by the Office of the Privy Council, it is the responsibility of the government department sponsoring the regulation to draft it. The Statements accordingly vary in length and thoroughness.([21])
It is a requirement to provide contact information at the end of each Regulatory Impact Analysis Statement to enable interested persons to express further concerns about any aspect of the regulations. For the Firearms Importation Amending Regulations published in December 2004, the contact is Legal Services, Canada Firearms Centre, Ottawa, Ontario, K1A1M6, telephone: 1-800-731-4000, fax: (613)941-1991. It should be noted that the telephone number provided is for the general contact centre of the Canada Firearms Centre, so one may prefer to send written correspondence addressed directly to Legal Services.
There have been cases where the Canada Gazette has published an erratum to correct previously published information. However, with respect to regulations, these appear to occur primarily to correct the text of the regulations, and not the Regulatory Impact Analysis Statement. That said, it is possible that an inaccurate sentence in a Regulatory Impact Analysis Statement would be corrected in another issue of the Canada Gazette. Again, it would be the responsibility of the sponsoring department, in this case the Canada Firearms Centre, to arrange for the erratum.
([1])Firearms Act, S.C. 1995, c. 39.
([2])Canada Gazette, Part I, vol. 137, No. 25, Ottawa, 21 June 2003, pp. 1964-2027.
([3])Firearms Act, s. 118. The tabling of proposed firearms regulations in Parliament is for the purpose of referring them to a committee of each House, which may then conduct inquiries or public hearings regarding the proposed regulations and report their findings. Proposed regulations may not be enacted until 30 sitting days after they have been tabled, or until the committees report to their respective House or choose not to conduct inquiries or public hearings.
([4])House of Commons Standing Committee on Justice and Human Rights, 37th Parliament, 2nd Session, Minutes of Proceedings,Meeting No. 75 and Evidence, No. 75, Ottawa, 23 October 2003.
([5])Senate Standing Committee on Legal and Constitutional Affairs, 37th Parliament, 2nd Session, Evidence, Issue 16, Ottawa, 29 October 2003.
([6])The Honourable Wayne Easter.
([7])Ms. Wendy Cukier, President.
([8])Mr. Wally Butts, National Vice-President, Communications.
([9])House of Commons Standing Committee on Justice and Human Rights, 37th Parliament, 2nd Session, Minutes of Proceedings,Meeting No. 79 and Evidence, No. 79, Ottawa, 6 November 2003.
([10])Senate Standing Committee on Legal and Constitutional Affairs, 37th Parliament, 2nd Session, Ninth Report, Ottawa, 6 November 2003.
([11])See Canada Firearms Centre, Consultation Update, Ottawa, last modified 18 October 2004; on-line at
([12])Canada Firearms Centre, Summary of Consultations on the Canadian Firearms Program and Proposed Changes to the Firearms Act Regulations, Ottawa, August 2004; available on-line
([13])Canada Gazette, Part II, vol. 138, No. 25, Ottawa, 15 December 2004, pp. 1878-1952.
([14])Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) and Making Consequential Amendments to other Regulations, SOR/2004-270 (29 November 2004).
([15])Canada Gazette, Part II, vol. 138, No. 25, Ottawa, 15 December 2004, p. 1904.
([16])The sections became ss. 14.1 and 14.2 of the Importation and Exportation of Firearms Regulations (Individuals), SOR/98-215.
([17])Canada Gazette, Part I, vol. 137, No. 25, Ottawa, 21 June 2003, pp. 2021-2027, later becoming the Regulations Amending the Firearms Fees Regulations, SOR/2004-272 (29 November 2004).
([18])Canada Gazette, Part II, vol. 138, No. 25, Ottawa, 15 December 2004, p. 1904.
([19])Ibid., p. 1917.
([20])Ibid., p. 1904, referring to the Protocol against the Illicit Manufacture of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime and the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials.
([21])Paul Salembier, Senior Counsel, Regulations Section, Justice Canada, and Peter Bernhardt, Legal Counsel, Standing Joint Committee on the Scrutiny of Regulations, “Understanding the Regulation-Making Process,” Seminar, Library of Parliament, Ottawa, 11 February 2005.