Please note that the following is one of 10
regulations under the Firearms Act which were tabled in
Parliament November 27, 1996 and are not currently in
force. They are subject to review in parliament for 30 sitting days. Additional firearms
regulations will be tabled at a later date. Information on how to make representations
on the proposed regulations directly to the Department of Justice, and to the
parliamentary committees that will be reviewing the regulations, may be obtained
from the 1-800 enquires centre (1-800-731-4000). According to the Justice
Department, communications materials and information
regarding the firearms regulations will be made available to the general
public through newspapers, brochures, the 1-800
enquiries centre, and the Canadian Firearms Centre internet site prior
to the new requirements coming into
force. The House of Commons committee process
normally results in changes.
ABORIGINAL PEOPLES OF CANADA ADAPTATIONS REGULATIONS (FIREARMS)
Interpretation
1. The definitions in this section apply in these Regulations.
"Aboriginal" includes Indian, Inuit and Métis. (Autochtone
)
"Aboriginal community" means a traditional collectivity of Aboriginal people that
has a distinctive culture that includes engaging in traditional hunting practices.
(collectivité autochtone
)
"elder" means an Aboriginal individual who has the following characteristics:
(a
) the individual is at least 45 years of age and is a member of an Aboriginal community;
and
(b
) the individual is recognized by the members of the Aboriginal community as having
extensive knowledge of the culture and traditional practices of that community. (aîné
)
"leader" means an individual who is recognized by the members of an Aboriginal community
as their representative. (dirigeant
)
Application
2. Subject to sections 4 to 22 of these Regulations, the
Firearms Act
and any regulations made under that Act apply to Aboriginal individuals.
3. 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 sections 20 and 21 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.
Adapted Provisions
4. For the purposes of paragraph 117(u
) of the Firearms Act
, sections 5 to 22 of these Regulations concern the manner in which certain provisions
of the Firearms Act
and the regulations made under that Act apply to any of 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
individual in accordance with any of those sections may be made
(a
) orally, where the applicant or individual 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 individual; and
(b
) by means of an interpreter, where the applicant or individual is unable to communicate
in English or French.
6. 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 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
7. Sections 3, 8 and 9 of the Firearms Licences Regulations
are adapted by adding the requirement that, where 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 any elder or leader of the applicant's Aboriginal community regarding the importance
to the applicant of engaging in traditional hunting practices.
8. 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 the Firearms Act
, a chief firearms officer shall consider as relevant any recommendations submitted
by the applicant from any elder or leader of the applicant's Aboriginal community
regarding the importance to the applicant of engaging in traditional hunting practices.
9. (1) Subsection 58(1) of the Firearms Act
is adapted by adding the requirement that, where 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 any 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 a condition referred to in section
14 of the Firearms Licences Regulations.
Issuance Of A Licence To Aboriginal Individuals Less Than 18 Years Old
10. 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
and who engages in the traditional hunting practices of the individual's Aboriginal
community 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
) where 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.
11. 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
12. 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.
13. With respect to an Aboriginal individual who is at least 18 years old, section 16
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 Aboriginal individual is an elder who engages in traditional hunting practices;
or
(b
) the Aboriginal individual engages in traditional hunting practices and
(i) the Canadian Firearms Safety Course or the tests that form part of that Course
are not available
(A) to the individual within a time, after the individual has made the application
for a licence, that is reasonable in the circumstances,
(B) in the individual's Aboriginal community or at a location that can be reached
from that community without undue cost or hardship to the individual, or
(C) at a cost that is reasonable in the circumstances, and
(ii) the chief firearms officer has received a recommendation from a leader of the
individual's Aboriginal community indicating that, in the leader's 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.
14. With respect to an Aboriginal individual who is at least 18 years old and who engages
in traditional hunting practices, 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 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.
15. (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
) thereof 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, where an Aboriginal individual has been certified in accordance
with subsection (1), subsection 7(1)
of the Firearms Act
shall apply to that individual when the individual reaches 18 years of age.
16. With respect to an Aboriginal individual who is less than 18 years old, section 16
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
(a
) the Aboriginal individual engages in traditional hunting practices;
(b
) 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
(i) an elder in the individual's Aboriginal community,
(ii) a leader of the individual's Aboriginal community, or
(iii) 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
(A) has been certified by a chief firearms officer, or
(B) has complied with paragraph 7(1)(a
) or (b
) of the
Firearms Act
.
17. With respect to an Aboriginal individual who is less than 18 years old and who engages
in traditional hunting practices, 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 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
18. 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.
19. 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 on 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.
Authorized Lending
20. Subparagraph 33(a
)(ii) of the Firearms Act
is adapted such that a person may, without lending the Aboriginal individual the
registration certificate for the firearm, lend a firearm to an Aboriginal individual
who uses the firearm to engage in traditional hunting practices.
Storage Of Firearms
21. Section 3 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
is adapted such that an Aboriginal individual who uses a non-restricted firearm for
traditional hunting practices in a location that is in a remote wilderness area that
is not subject to any visible or otherwise reasonably ascertainable use incompatible
with hunting may store the firearm if
(a
) the firearm is unloaded; and
(b
) ammunition is not readily accessible.
Transfer Of Treaty Ammunition
22. 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.
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