APPENDIX A
RECOMMENDATIONS
Recommendation 1
The Sub-Committee recommends that communication programs be established setting out the requirements of the legislation. These programs should be directed to the general public and should involve a variety of effective communications methods.
Recommendation 2
The Sub-Committee recommends that communication programs be directed at specific groups within the Canadian firearms community, as well as non-residents. These programs should set out the requirements that are specific to each particular group, so as to ensure a better understanding of their obligations.
Recommendation 3
The Sub-Committee recommends that extensive advertising be conducted in order to advise firearms owners of the implementation date of the new regulatory regime and on where they can obtain additional information regarding this regime.
Recommendation 4
The Sub-Committee recommends that the Department of Justice prepare training materials for those who will be responsible for the administration of the legislation, with some emphasis on the issue of spousal abuse.
Recommendation 5
The Sub-Committee recommends that the Department of Justice prepare interpretation guides and similar materials that set out in plain language the requirements of the legislation and that these guides be made available as part of the communication programs.
Recommendation 6
The Sub-Committee recommends that the Department of Justice prepare an office consolidation of the regulations which would contain a table of contents and an index for ease of use.
Recommendation 7
The Sub-Committee recommends that Clause 10 of the regulations be amended to add two new purposes for which a non-resident would be eligible to hold a non-resident sixty-day possession licence to borrow non-restricted firearms. The first would allow use while participating in a parade, pageant or other similar events, and the second would allow the use of firearms for movie, television, video or theatrical productions or publishing activities.
Recommendation 8
The Sub-Committee recommends that the requirement for spousal notification be expanded to cover an application for an acquisition licence for cross-bows.
Recommendation 9
The Sub-Committee recommends that the prescribed purposes be reviewed by the Department of Justice to ensure that all business activities for which a business legitimately needs to be in possession of a prohibited item are covered by the prescribed purposes in the regulations.
Recommendation 10
The Sub-Committee recommends that paragraph 23(1)(a), which provides that a business is not to depict or promote violence in an advertisement of a firearm or other weapon, be clarified to make clear that it is not directed at advertisements such as those for movies or other forms of entertainment in which firearms are only indirectly involved.
Recommendation 11
The Sub-Committee recommends that paragraphs 23(1)(c) and (d), requiring businesses to keep records of transactions entered into, in relation to firearms, and requiring them to keep an inventory of specified items which are present at the location of the business, be amended to exclude carriers.
Recommendation 12
The Sub-Committee recommends that paragraph 23(1)(d) be clarified to indicate that an inventory must be conducted, and the information remitted to the chief firearms officer, only once a year pursuant to this paragraph.
Recommendation 13
The Sub-Committee recommends that "parades and pageants" be exempted from the application of specified clauses of the regulations pursuant to subclause 2(3).
Recommendation 14
The Sub-Committee recommends that Clauses 3, 4 and 5 be amended to make it clear that ammunition must either be kept apart from a firearm or locked up, but that it need not be in a separate locked container or receptacle or a separate vault, safe or room.
Recommendation 15
The Sub-Committee recommends that the requirement to remove the bolt or bolt-carrier of a prohibited automatic firearm for the purposes of storage, display and transportation, apply only if the piece is removable "with reasonable facility".
Recommendation 16
The Sub-Committee recommends that the regulations be amended to allow firearms to be left unattended, in a vehicule that is not lockable, but only in remote wilderness areas.
Recommendation 17
The Sub-Committee recommends that there be adequate flexibility in the administration of the alternative standard for museums in relation to the display of firearms.
Recommendation 18
The Sub-Committee recommends that the regulations be amended to make clear that containers can have markings, despite the prohibition on markings that indicate that a firearm or other weapon is inside, so long as they are in accordance with the Authorization to Export or Import Firearms Regulations (Businesses).
Recommendation 19
The Sub-Committee recommends that the reporting requirements for businesses involved in motion pictures, videos, television or theatrical productions be amended to apply only when specified items are moved to another municipality.
Recommendation 20
The Sub-Committee recommends that the requirements at paragraphs 12(1)(c) and (d) of these regulations respecting transportation of specified prohibited items apply only to carriers.
Recommendation 21
The Sub-Committee recommends that subclause 3(2) of the regulations be deleted.
Recommendation 22
The Sub-Committee recommends that the direct route requirement in relation to authorizations to transport be amended to make clear that the transport need only be by a route that "in all of the circumstances, was reasonably direct".
Recommendation 23
The Sub-Committee recommends that businesses be permitted to supply the name of the carrier at a later time before the crossing of the border, if this information is not known at the time the application is made.
Recommendation 24
The Sub-Committee recommends amendments to specify that any requirement to advise the Registrar whether exported goods are to be re-imported at a later date applies only if this is known or planned at the time the application is made.
Recommendation 25
The Sub-Committee recommends that the regulations specify that any requirement to advise the Registrar of the name and address of any place in Canada in which the goods stopover applies only if this is known or planned at the time the application is made.
Recommendation 26
The Sub-Committee recommends that Memoranda of Understanding be negotiated with each province and territory outlining that the Firearms Act is a federal statute, and as such, is subject to the federal Privacy Act in cases where no provincial law exists, and that in those cases where provincial privacy legislation exists that the federal application of the Privacy Act will apply based on the rules of application to be negotiated with those provinces and territories, to ensure complete and adequate privacy protection.
Recommendation 27
The Sub-Committee recommends that mediation mechanisms be established, on an administrative basis, to allow applicants the opportunity to challenge allegedly false or inaccurate information without resort to court action.
Recommendation 28
The Sub-Committee recommends that further discussions be held with aboriginal groups in order to explore potential solutions to their concerns.
Recommendation 29
The Sub-Committee recommends that the implementation of the legislation in aboriginal communities involve community administration.
Recommendation 30
The Sub-Committee strongly urges that the fee to be paid for a confirmation made under subsection 35(1) of the Firearms Act be payable only once every calendar year.
Recommendation 31
The Sub-Committee recommends that future regulations dealing with importation by individuals clarify that the declaration pursuant to subsection 35(1) of the Firearms Act will cover more than one firearm.
Recommendation 32
The Sub-Committee recommends that the business licence fee set out at Business Activity 6(b) in Schedule II be substantially reduced.
Recommendation 33
The Sub-Committee recommends that different classes of fees be added to cover businesses in the motion picture industry that limit their activities to only some classes of prohibited items.
Recommendation 34
The Sub-Committee recommends that Clause 15 be amended so that the replacement fee would be the lesser of the applicable fee for this document, at the time the replacement document is requested, or $25.
Recommendation 35
The Sub-Committee recommends that a bulk rate or a yearly maximum be set for authorizations to export and import.
Recommendation 36
The Sub-Committee recommends that reproductions of antiques, such as flint-locks, match-locks and wheel-locks, be presented to be antique firearms, by prescribing such firearms as antiques under paragraph 84(1)(b) of the Criminal Code.
Recommendation 37
The Sub-Committee recommends that greater accommodation be made for the use of replicas in the motion picture industry in future regulations.
Recommendation 38
The Sub-Committee recommends that the border process to be implemented by this legislation be developed to ensure that it is as efficient as possible.
Recommendation 39
The Sub-Committee recommends that discussions be held with provincial ministers and industry representatives to establish guidelines for exemptions for employees under section 97 of the Firearms Act.