Aboriginal Peoples of Canada Adaptations Regulations (Firearms) (SOR/98-205)

Regulations are current to 2013-04-29

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

1. 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

2. 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.

3. 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

4. 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

5. 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.