Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

SOR/98-205

FIREARMS ACT

Registration 1998-03-24

Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

P.C. 1998-480 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had a copy of the proposed Aboriginal Peoples of Canada Adaptations Regulations (Firearms), substantially in the annexed form, laid before each House of Parliament on November 27, 1996, 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 paragraph 117(u) of the Firearms ActFootnote a, hereby makes the annexed Aboriginal Peoples of Canada Adaptations Regulations (Firearms).

Interpretation

 The definitions in this section apply in these Regulations.

Aboriginal

Aboriginal includes Indian, Inuit, Métis and beneficiaries under a land claims agreement referred to in section 35 of the Constitution Act, 1982. (Autochtone)

Aboriginal community

Aboriginal community means a traditional collectivity of Aboriginal people that has a distinctive culture that includes engaging in traditional hunting practices. (collectivité autochtone)

elder

elder means an Aboriginal person who

  • (a) is a member of an Aboriginal community; and

  • (b) is recognized by the members of the Aboriginal community as having extensive knowledge of the culture and traditional practices of that community. (aîné)

leader

leader means an individual who is recognized by the members of an Aboriginal community as their representative. (dirigeant)

Application

 For the purposes of these Regulations, an Aboriginal individual is an individual who

  • (a) is a member of one of the Aboriginal peoples of Canada;

  • (b) is a member of an Aboriginal community;

  • (c) engages in the traditional hunting practices of the individual’s Aboriginal community; and

  • (d) for the purposes of applying these Regulations, other than section 20 of these Regulations, has made an application in accordance with section 3, 8 or 9 of the Firearms Licences Regulations, as adapted by section 6 of these Regulations.

 Subject to sections 4 to 20 of these Regulations, the Firearms Act and any regulations made under that Act apply to Aboriginal individuals.

Adapted Provisions

 For the purposes of paragraph 117(u) of the Firearms Act, sections 5 to 20 of these Regulations concern the manner in which certain provisions of the Firearms Act and the regulations made under that Act apply to the Aboriginal peoples of Canada, and adapt those provisions for the purpose of that application.

Application for a Licence

 Sections 3, 8 and 9 of the Firearms Licences Regulations are adapted such that a statement made by an Aboriginal applicant or by another Aboriginal person in accordance with any of those sections may be made

  • (a) orally, if the applicant or person is unable to make a written statement, in which case the oral statement shall be transcribed by a person acting on behalf of the applicant or person; and

  • (b) by means of an interpreter, if the applicant or person is unable to communicate in English or French.

 Sections 3, 8 and 9 of the Firearms Licences Regulations are adapted such that an application made by an individual who wishes to be subject to these Regulations must be accompanied by the following information:

  • (a) a declaration that the individual

    • (i) is a member of one of the Aboriginal peoples of Canada,

    • (ii) is a member of an Aboriginal community, and

    • (iii) engages in the traditional hunting practices of the individual’s Aboriginal community; and

  • (b) confirmation from an elder or a leader of the individual’s Aboriginal community that the individual is a member of that community and engages in the traditional hunting practices of that community.

Recommendations

 Sections 3, 8 and 9 of the Firearms Licences Regulations are adapted by adding the requirement that, if a chief firearms officer considers refusing to issue a licence to an Aboriginal applicant, the applicant shall be given an opportunity to submit to the chief firearms officer for consideration recommendations from an elder or leader of the applicant’s Aboriginal community regarding the importance to the applicant of engaging in traditional hunting practices.

 Section 55 of the Firearms Act is adapted by adding the requirement that, in determining whether an Aboriginal applicant is eligible to hold a licence under section 5 of that Act, a chief firearms officer shall consider any recommendations submitted by the applicant from an elder or leader of the applicant’s Aboriginal community regarding the importance to the applicant of engaging in traditional hunting practices.

  •  (1) Subsection 58(1) of the Firearms Act is adapted by adding the requirement that, if a chief firearms officer considers attaching a condition to a licence for an Aboriginal applicant, the applicant shall be given an opportunity to submit to the chief firearms officer for consideration recommendations from an elder or leader of the applicant’s Aboriginal community regarding the importance to the applicant of engaging in traditional hunting practices.

  • (2) Subsection (1) does not apply with respect to the condition referred to in section 15 of the Firearms Licences Regulations.

Issuance of a Licence to Aboriginal Individuals Less than 18 Years Old

 Subsection 64(2) of the Firearms Act is adapted as follows:

  • (a) a licence that is issued to an Aboriginal individual who is less than 18 years old expires on the earlier of

    • (i) the day on which the holder attains the age of 18 years, and

    • (ii) subject to paragraph (b), three years after the day on which it is issued; and

  • (b) if a chief firearms officer determines that it is desirable to do so, taking into account the applicant’s circumstances, character and age, the chief firearms officer may issue a licence for a term that is less than three years.

 Subsection 8(3) of the Firearms Act is adapted such that an Aboriginal individual who is less than 12 years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of engaging in the traditional hunting practices of the individual’s Aboriginal community.

Alternative Certification

 With respect to an Aboriginal individual who is at least 18 years old, paragraph 7(4)(a) of the Firearms Act is adapted such that a chief firearms officer shall certify, in the prescribed circumstances, such an individual who meets the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms.

 With respect to an Aboriginal individual who is at least 18 years old, section 17 of the Firearms Licences Regulations is adapted such that, for the purposes of paragraph 7(4)(a) of the Firearms Act, as adapted by section 12 of these Regulations, the circumstances are that

  • (a) the individual is an elder; or

  • (b) the chief firearms officer has received a recommendation from an elder or leader of the individual’s Aboriginal community indicating that, in their opinion, the individual has the requisite knowledge to be certified under paragraph 7(4)(a) of the Firearms Act, as adapted by section 12 of these Regulations, and the Canadian Firearms Safety Course or the tests that form part of that Course are not available

    • (i) to the individual within a time, after the individual has made the application for a licence, that is reasonable in the circumstances,

    • (ii) in the individual’s community or at a location that can be reached from that community without undue cost or hardship to the individual, or

    • (iii) at a cost that is reasonable in the circumstances.

 With respect to an Aboriginal individual who is at least 18 years old, section 18 of the Firearms Licences Regulations is adapted such that, for the purposes of paragraph 7(4)(a) of the Firearms Act, as adapted by section 12 of these Regulations, the criteria are

  • (a) basic knowledge of the safe storage, display, handling, transportation and use of firearms by individuals, including the operation of common hunting firearms; and

  • (b) basic knowledge of the laws that relate to the use of firearms and to the storage, display, handling and transportation of firearms by individuals.

  •  (1) With respect to an Aboriginal individual who is less than 18 years old, the portion of subsection 7(4) of the Firearms Act before paragraph (b) is adapted such that subsection 7(1) of that Act does not apply to such an individual who, in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms.

  • (2) For greater certainty, if an Aboriginal individual has been certified in accordance with subsection (1), subsection 7(1) of the Firearms Act applies to that individual when the individual reaches 18 years of age.

 With respect to an Aboriginal individual who is less than 18 years old, section 17 of the Firearms Licences Regulations is adapted such that, for the purposes of paragraph 7(4)(a) of the Firearms Act, as adapted by section 15 of these Regulations, the circumstances are that the chief firearms officer has received a recommendation from any of the following persons indicating that, in that person’s opinion, the individual has the requisite knowledge to be certified under paragraph 7(4)(a) of the Firearms Act as adapted by section 15 of these Regulations, namely,

  • (a) an elder of the individual’s Aboriginal community;

  • (b) a leader of the individual’s Aboriginal community; or

  • (c) a person who is at least 18 years of age, who has personal knowledge of the individual within the six-month period preceding the application for a licence, and who

    • (i) has been certified by a chief firearms officer, or

    • (ii) has complied with paragraph 7(1)(a) or (b) of the Firearms Act.

 With respect to an Aboriginal individual who is less than 18 years old, section 18 of the Firearms Licences Regulations is adapted such that, for the purposes of paragraph 7(4)(a) of the Firearms Act, as adapted by section 15 of these Regulations, the criteria are

  • (a) basic knowledge of the safe storage, handling, transportation and use of firearms by individuals, including the operation of common hunting firearms; and

  • (b) basic knowledge of the laws that relate to the use of firearms and to the storage, handling and transportation of firearms by individuals.

Possession of Firearms

 Paragraph 7(4)(c) of the Firearms Act is adapted such that, if an Aboriginal individual had, on the commencement day, in order to engage in traditional hunting practices, the use of a firearm that is neither a prohibited firearm nor a restricted firearm, the individual is deemed to possess a firearm for the purposes of that paragraph.

 Subsection 7(2) of the Firearms Licences Regulations is adapted such that, if an Aboriginal individual has had, in order to engage in traditional hunting practices, the continuous use of a firearm that is neither a prohibited firearm nor a restricted firearm from the day on which paragraph 7(4)(c) of the Firearms Act came into force, that individual is deemed to possess a firearm for the purposes of that subsection.

Transfer of Treaty Ammunition

 Section 21 of the Firearms Act is adapted such that “transfer” does not include the provision of ammunition by Her Majesty in right of Canada or a province in fulfilment of a treaty obligation.

Coming into Force

 These Regulations come into force on December 1, 1998.

  • SOR/98-471, s. 15.
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