Registration

SOR/2015-213 July 31, 2015

CRIMINAL CODE

Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted

P.C. 2015-1177 July 31, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to the definitions “non-restricted firearm” and “restricted firearm” in subsection 84(1) of the Criminal Code and to subsection 117.15(1) of that Act, makes the annexed Regulations Amending the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.

REGULATIONS AMENDING THE REGULATIONS PRESCRIBING CERTAIN FIREARMS AND OTHER WEAPONS, COMPONENTS AND PARTS OF WEAPONS, ACCESSORIES, CARTRIDGE MAGAZINES, AMMUNITION AND PROJECTILES AS PROHIBITED OR RESTRICTED

AMENDMENTS

1. The title of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted is replaced by the following:

REGULATIONS PRESCRIBING CERTAIN FIREARMS AND OTHER WEAPONS, COMPONENTS AND PARTS OF WEAPONS, ACCESSORIES, CARTRIDGE MAGAZINES, AMMUNITION AND PROJECTILES AS PROHIBITED, RESTRICTED OR NON-RESTRICTED

2. Section 3 of the Regulations is replaced by the following:

3. The firearms listed in Part 2 of the schedule are restricted firearms for the purposes of paragraph (d) of the definition “restricted firearm” in subsection 84(1) of the Criminal Code, except for those firearms that are prohibited firearms within the meaning of paragraph (b) or (c) of the definition “prohibited firearm” in that subsection.

3.1 The firearms listed in Part 2.1 of the schedule that have a barrel that is less than 470 mm in length, and firearms listed in items 3, 4, 6, 7, 9 and 10 of that Part that do not have a barrel, are restricted firearms for the purposes of paragraph (d) of the definition “restricted firearm” in subsection 84(1) of the Criminal Code, except for those firearms that

(a) discharge projectiles in rapid succession during one pressure of the trigger; or

(b) are prohibited firearms within the meaning of paragraph (b) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code.

3.2 The firearms listed in Part 2.1 of the schedule that have a barrel that is at least 470 mm in length, and the firearms listed in items 1, 2, 5, 8 and 11 to 15 of that Part that do not have a barrel, are non-restricted firearms for the purposes of paragraph (b) of the definition “non-restricted firearm” in subsection 84(1) of the Criminal Code, except for those firearms that

(a) discharge projectiles in rapid succession during one pressure of the trigger; or

(b) are prohibited firearms within the meaning of paragraph (b) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code.

3. The schedule to the Regulations is amended by adding the following after Part 2:

PART 2.1

FIREARMS FOR THE PURPOSES OF SECTIONS 3.1 AND 3.2

Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle SAN Swiss Arms Model Classic Green rifle SAN Swiss Arms Model Classic Green carbine SAN Swiss Arms Model Classic Green CQB rifle SAN Swiss Arms Model Black Special rifle SAN Swiss Arms Model Black Special carbine SAN Swiss Arms Model Black Special CQB rifle SAN Swiss Arms Model Black Special Target rifle SAN Swiss Arms Model Blue Star rifle SAN Swiss Arms Model Heavy Metal rifle SAN Swiss Arms Model Red Devil rifle SAN Swiss Arms Model Swiss Arms Edition rifle

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Regulations amend the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted to prescribe the CZ858 and Swiss Arms rifles as either restricted or non-restricted, as the case may be. This results in their status being the same as it was prior to the 2014 classification redeterminations. While the Amnesty Order 2014 provides a temporary solution that insulates firearms owners from possible prosecution and restores certain privileges, the Regulations provide certainty and finality with respect to the legal status of these firearms.

Background

In Canada, there are three different classes of firearms: firearms are either non-restricted, restricted or prohibited. Each of these terms are defined at subsection 84(1) of the Criminal Code and the definitions include firearms that are prescribed by regulation to be prohibited, restricted or non-restricted.

Non-restricted firearms include most common long-guns such as hunting rifles and shotguns. Restricted firearms include most handguns and semi-automatic centre-fire firearms with a barrel length of less than 470 mm. Semi-automatic firearms are capable of discharging one projectile each time the trigger is pulled and reload automatically. Prohibited firearms include fully automatic firearms (e.g. machine guns), firearms that are adapted from a rifle or shotgun to be less than 660 mm in length (e.g. sawed-off firearms) and handguns with a barrel length equal to or less than 105 mm, or are designed or adapted to discharge a .25 or .32 calibre cartridge.

The classification of firearms determines which measures must be taken to lawfully possess, store and transport them in accordance with the Firearms Act.

The Minister of Public Safety and Emergency Preparedness (the Minister of Public Safety) is the lead minister responsible for firearms policy in Canada, while the Minister of Justice is responsible for the criteria defining the classification of firearms and firearms-related offences in the Criminal Code. The Royal Canadian Mounted Police (RCMP) Canadian Firearms Program is responsible for the administration of the Firearms Act, which includes, among other things, making technical determinations of the classification of firearms in accordance with the Criminal Code. Usually, the determination of a firearm classification, based on the Criminal Code, takes place either at the time of manufacture in, or the importation into, Canada.

Bill C-42, An Act to amend the Criminal Code and to make a related amendment and a consequential amendment to other Acts (the Common Sense Firearms Licensing Act), received royal assent on June 18, 2015. Amongst other things, that Act amended the Criminal Code to provide new legal authority to address firearms classification issues. The Act created a definition of “non-restricted firearm” and it also amended the Governor in Council’s authority to make regulations prescribing firearms to be either “restricted firearm” or “non-restricted firearm,” as the case may be, notwithstanding the fact that the prescribed firearms meet the legal definition of “prohibited firearm” or “restricted firearm” in the Criminal Code. These provisions came into force on June 18, 2015.

Occasionally, it comes to the attention of the RCMP Canadian Firearms Program that a firearm has been incorrectly classified. Upon further inspection, the determination of the firearm classification may be updated pursuant to the law and regulations currently in force. These changes can have serious consequences and impacts on law abiding firearms owners, businesses and law enforcement. For firearms owners who purchased these firearms in good faith, such changes may result in a situation where they have to dispose of their firearms and suffer financial losses or otherwise face serious criminal sanctions. For businesses, a change in the determination of the classification of a firearm can have an adverse impact on their ability to import and sell merchandise. For law enforcement, these changes in the determination of the classification of a firearm impact the investigation of criminal offences involving firearms. It is, therefore, important that the classification of firearms as either prohibited, restricted or non-restricted be clear.

Ceská Zbrojovka (CZ) Model CZ858 Tactical-2 and Tactical-4 rifles

In 2005, the RCMP identified the Ceská Zbrojovka Model CZ858 Tactical-2 and Tactical-4 rifles (the CZ858) as non-restricted or restricted depending on barrel length based on information received by the manufacturer. This information was subsequently confirmed by a physical inspection of the samples at the time. The Firearms Reference Table (an administrative document used by the Canadian Firearms Program and other public agencies to assist in the application of the Criminal Code definitions of firearms) was updated and these firearms were permitted to be imported, registered and sold in Canada.

In March 2013, the RCMP inspected and provided an expert opinion on the classification of a series of CZ858 rifles proof marked 2007 or later. Following an internal review, the RCMP determined that at some point between 2006 and 2007, the CZ858 rifles being imported into Canada differed from the inspected version and were in fact manufactured as fully automatic firearms that had been converted to semi-automatic firearms, rather than being semi-automatic as reported by the manufacturer. This meant these firearms met the legal definition of “prohibited firearm.” Fully automatic firearms are prohibited under the Criminal Code because they pose significant public safety concerns given their fast reloading action and their ability to discharge multiple projectiles with a single pull of the trigger, and have no legitimate use such as for hunting or target practice.

On February 26, 2014, the RCMP determined that some CZ858 rifles were prohibited firearms according to the Criminal Code. The RCMP concluded that prior importation and registration of some CZ858 rifles occurred as a result of inaccurate information provided by importers and manufacturers.

The Canada Border Services Agency estimates more than 8 700 CZ858 rifles have been imported into Canada. The estimated value of these firearms is between $500 and $1,000 each.

Swiss Arms Classic Green rifles and its variants

In 2001, after a Canadian importer requested a classification opinion of the Swiss Arms Classic Green rifles and its variants (the Swiss Arms) in order to authorize importation and registration in Canada, the RCMP reviewed documentation provided by the importer which portrayed the Swiss Arms rifles as a semi-automatic variant of the Swiss Arms SG-540. Based upon these documents, the RCMP created a Firearms Reference Table entry naming this model of firearm as non-restricted or restricted, depending on the barrel length. These firearms were henceforth permitted to be imported, registered and sold in Canada.

Following a complaint in December 2012, which alleged that prohibited variants of Swiss Arms rifles (the SG-550 rifles) were being imported into Canada under the guise of being non-restricted and restricted SG-540 rifle variants, the RCMP inspected three of these firearms and sought additional information from manufacturers that had represented these firearms as non-restricted or restricted, depending on barrel length.

On February 26, 2014, the RCMP determined that all the Classic Green Rifles and its variants previously imported and sold in Canada as non-restricted or restricted firearms, were in fact prohibited firearms as a variant of the SG-550 rifle (prescribed as prohibited at section 83 of the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, as well as under the definitions in the Criminal Code). The RCMP concluded that prior importation and registration occurred as a result of inaccurate information provided by importers and manufacturers.

It is estimated that there are more than 2 000 Swiss Arms rifles in Canada. The estimated value of these firearms is between $3,000 and $4,000 each.

Order Declaring an Amnesty Period (2014)

On March 13, 2014, an order in council for a two-year amnesty period was made to ensure that persons who had lawfully acquired the firearms were not prosecuted for possessing a prohibited firearm without being the holder of the requisite licence and, in the case of a firearm previously considered to be a restricted firearm, a registration certificate. The Order also permits the person to deliver the firearm to a peace officer, or to sell or give it to a business or museum licensed to possess prohibited firearms. On July 23, 2014, the Amnesty Order was amended to also permit the use and transportation of the firearms for target practice or competition at an approved range.

The Amnesty Order 2014 expires on March 14, 2016. As a result, it represents only a temporary solution to address the consequences that followed the 2014 classification redeterminations — namely, that persons who possess these firearms may face criminal liability for possession of these firearms once the Amnesty Order expires if their classification status were not legally changed. There would also be limits on the sale, transfer, use and importation of such firearms in Canada.

Objectives

The Regulations prescribe the affected CZ858 and Swiss Arms rifles (15 models in total, see description below) as either restricted or non-restricted, as the case may be.

Description

These Regulations amend the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (the Regulations) to prescribe the firearms set out below as “restricted firearm” if they have a barrel of less than 470 mm in length, and “non-restricted firearm” if they have a barrel of at least 470 mm in length:

Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle; Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle; Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle; Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifle; SAN Swiss Arms Model Classic Green rifle; SAN Swiss Arms Model Classic Green carbine; SAN Swiss Arms Model Classic Green CQB rifle; SAN Swiss Arms Model Black Special rifle; SAN Swiss Arms Model Black Special carbine; SAN Swiss Arms Model Black Special CQB rifle; SAN Swiss Arms Model Black Special Target rifle; SAN Swiss Arms Model Blue Star rifle; SAN Swiss Arms Model Heavy Metal rifle; SAN Swiss Arms Model Red Devil rifle; and SAN Swiss Arms Model Swiss Arms Edition rifle.

Firearms listed in items 3, 4, 6, 7, 9 and 10 that do not have a barrel are prescribed to be “restricted firearm,” while firearms listed in items 1, 2, 5, 8 and 11 to 15 that do not have a barrel are prescribed to be “non-restricted firearm.”

The Regulations also create two exceptions to these prescriptions, being: (1) firearms that discharge projectiles in rapid succession during one pressure of the trigger; and (2) firearms within the meaning of paragraph (b) of the definition of “prohibited firearm” in subsection 84(1) of the Criminal Code.

Additionally, the regulatory amendment changes the title of the Regulations to include the words “and non-restricted” at the end.

The Regulations also ensure that fully automatic and short-barrelled firearms (i.e. sawed-off firearms), that are prohibited versions of the semi-automatic firearms prescribed as restricted prior to the enactment of the Common Sense Firearms Licensing Act (such as the M-16 rifle and its variants), remain prohibited.

“One-for-One” Rule

The “One-for-One” Rule does not apply for these Regulations, as they do not introduce any new administrative burden to business.

Small business lens

The small business lens does not apply to these Regulations, as there are no costs to small business.

Consultation

The authority to prescribe firearms as restricted or non-restricted was sought in legislation that was thoroughly debated in Parliament, and the Minister of Public Safety repeatedly stated publicly the Government’s intention to classify the affected firearms as restricted or non-restricted after receiving advice from experts. Further, the Minister has engaged with the firearms community concerning the authorities in the Common Sense Firearms Licensing Act to reclassify firearms and the CZ858 and Swiss Arms rifles.

Rationale

On June 5, 2015, the Office of the Minister of Public Safety received a report from a group of five individuals active in the firearms community and whose knowledge about firearms was acquired through their “decades in the firearms industry.”

Their report indicated that four versions of the CZ858 rifle described below did not meet the definition of “prohibited firearm” because they are not converted fully automatic firearms, and should be classified as restricted or non-restricted, depending upon barrel length. The report stated:

The RCMP assessment relied on the inclusion of surplus components from the Czech military rifle vz-58 in the construction of post-2007 models of the CZ 858. While this is accurate, the law states that a prohibited firearm is “an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger”. It does not state that the use of any part of a firearm that was formerly employed in an automatic firearm is prohibited. The interpretation used to prohibit this firearm, taken to its logical conclusion, would mean that any firearm that utilized a firing pin or a screw that had previously been in an automatic firearm was prohibited. That is simply unworkable.

The report also concluded that the Swiss Arms family of rifles is not a variant of the SG-550, a prohibited firearm. The report stated this because

While they are produced by the same manufacturer, SAN, the SG-550 and the Swiss Arms family of rifles are manufactured in separate facilities. The receivers are not compatible, and parts are not interchangeable. It would take significant time and talent to render a Swiss Arms rifle to fire multiple projectiles with one pull of the trigger (Note: making this alteration is a criminal offence).

As a result, it is their view that these firearms do not meet the legal definition of “prohibited firearm.” Consequently, the report stated that the Swiss Arms rifles should also be classified as restricted or non-restricted, depending upon barrel length.

The report concluded that

It is our expert opinion, based on collective decades in the firearms industry, that neither the Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P rifle; nor the Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V rifle; nor the Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P rifle; nor the Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V rifles are automatic firearms that have been altered to become semi-automatic. They are entirely newly constructed firearms that happen to utilize surplus parts, and they ought to be considered either non-restricted or restricted, depending on barrel length.

Further, it is also our opinion that the Swiss Arms family of rifles is not a variant of the SG-550 and ought to be considered either non-restricted or restricted, depending on barrel length.

Following receipt of this report, and pursuant to statutory authority under section 117.15 of the Criminal Code, the Governor in Council has prescribed the CZ858 and Swiss Arms rifles in question as restricted or non-restricted, as described in the section above.

The Regulations are consistent with the Government of Canada’s commitment to craft a permanent solution for those affected by the 2014 classification redetermination regarding the CZ858 and Swiss Arms rifles. The Regulations are also consistent with the Amnesty Order 2014. The Regulations represent a permanent solution to the classification of CZ858 and Swiss Arms rifles and remove the potential of criminal prosecutions and sanctions for affected owners, and more broadly, for those individuals who wish to acquire these models of firearms in the future.

The regulatory amendment also ensures that prohibited fully automatic and short-barrelled (i.e. sawed-off firearms) versions of the firearms that were prescribed as restricted prior to the enactment of the Common Sense Firearms Licensing Act (for example the M-16 rifle and its variants) remain prohibited.

Implementation, enforcement and service standards

These Regulations became effective as soon as they were registered.

The RCMP will update its Firearms Reference Table to reflect the legal status of each model of firearm prescribed in these Regulations.

Contact

Paula Clarke

Counsel

Criminal Law Policy Section

Department of Justice

Ottawa, Ontario

K1A 0H8

Fax: 613-941-9310