BREITKREUZ INTRODUCES THREE MOTIONS TO THE STANDING COMMITTEE ON JUSTICE

September 30, 2003

FIREARMS INTEREST POLICE (FIP) DATABASE

“That the Committee examine the reasons why the government has refused to implement the Privacy Commissioner’s recommendations with respect to the Firearms Interest Police (FIP) database.”

REVIEW OF PROPOSED FIREARMS ACT REGULATIONS

“That the Committee review the proposed Firearms Act Regulations currently tabled before both Houses of Parliament before the expiration of the thirty sitting days deadline as per section 118(4).”

REDUCE SUPPLEMENTARY “A ESTIMATES FOR THE CANADIAN FIREARMS CENTRE BY $10 MILLION

“That Supplementary Estimates (A), 2003-2004, Vote 7(a) for the Solicitor General - Canadian Firearm Centre in the amount of $10,000,000 under New Appropriations be reduced to $1.”

NOTE:  For Background Information see below

MOTION FOR CONSIDERATION BY

THE STANDING COMMITTEE ON JUSTICE

FIREARMS INTEREST POLICE (FIP) DATABASE

That the Committee examine the reasons why the government has refused to implement the Privacy Commissioner’s recommendations with respect to the Firearms Interest Police (FIP) database.

BACKGROUND INFORMATION

September 3, 2003 – Letter from the Privacy Commissioner of Canada stating: “Unfortunately, as you know, the Canadian Firearms Program has not implemented our recommendations for corrective measures relating to the quality and relativity of the FIP data nor about the problems associated with exercising rights of access and correction.  I can only hope that the new administrators of the Firearms Program within the Solicitor General’s portfolio will take the appropriate measures to bring the Program into compliance with the Privacy Act.”

January 17, 2003 – Letter from the Privacy Commissioner of Canada stating: “To date, the department has not implemented my recommendations, nor has it provided any of the progress reports I have requested. I do not have the power under the Privacy Act to order DOJ to implement these and my other recommendations concerning this initiative. However, I will continue to express my concerns to the Minister of Justice and urge him to quickly take appropriate measures with his stakeholders to bring the Program into compliance with the Privacy Act.”

September 9, 2003 – Canadian Firearms Program Implementation Evaluation (to September 2002) Technical Report – April 2003 – FIP reference on page 35.

June 26, 2003 – Letter from the Parliamentary Research Branch clarifying the legislative requirements of the Privacy Act with respect to the FIP database.

May 6, 2003 – Parliamentary Research Branch Report titled: The Firearms Interest Police (FIP) Database and the Right to Privacy by Nancy Holmes, Law and Government Division.

December 3, 2003 – Auditor General December 2002 Report – Chapter 11 – Royal Canadian Mounted Police – Canadian Firearms Program – Information to screen applicants for firearms licenses may not be accurate – Pages 8-9.

August 29, 2001 – Privacy Commissioner Report – Review of the Personal Information Handling Practices of the Canadian Firearms Program – Final Report – FIP Findings and Recommendations on pages 28-29.

MOTION FOR CONSIDERATION BY

THE STANDING COMMITTEE ON JUSTICE

REVIEW OF PROPOSED FIREARMS ACT REGULATIONS

That the Committee review the proposed Firearms Act Regulations currently tabled before both Houses of Parliament before the expiration of the thirty sitting days deadline as per section 118(4).

BACKGROUND INFORMATION

http://canadagazette.gc.ca/partI/2003/20030621/html/index-e.html

Department of the Solicitor General

An Act respecting firearms and other weapons

Firearms Marking Regulations

Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses)

Regulations Amending the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations

Regulations Amending the Conditions of Transferring Firearms and other Weapons Regulations

Regulations Amending the Firearms Fees Regulations

Regulations Amending the Firearms Licences Regulations

Regulations Amending the Firearms Registration Certificates Regulations

Regulations Amending the Gun Shows Regulations

Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals)

Regulations Amending the Public Agents Firearms Regulations

Regulations Amending the Shooting Clubs and Shooting Ranges Regulations

Regulations Amending the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations

Regulations Amending the Storage, Display, Transportation and Handling of Firearms By Individuals Regulations

Regulations Repealing the Non-Prohibited Ammunition Transfer Document Regulations

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FIREARMS ACT

118. (1) Subject to subsection (2), the federal Minister shall have each proposed regulation laid before each House of Parliament.

(2) Where a proposed regulation is laid pursuant to subsection (1), it shall be laid before each House of Parliament on the same day.

Report by committee

 (3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

Making of regulations

(4) A proposed regulation that has been laid pursuant to subsection (1) may be mad 

(a) on the expiration of thirty sitting days after it was laid; or

(b) where, with respect to each House of Parliament,

(i) the committee reports to the House, or

(ii) the committee decides not to conduct inquiries or public hearings.

Definition of "sitting day"

 (5) For the purpose of this section, "sitting day" means a day on which either House of Parliament sits.

Exception

 119. (1) No proposed regulation that has been laid pursuant to section 118 need again be laid under that section, whether or not it has been altered.

Exception -- minor changes

 (2) A regulation made under section 117 may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 118 should not be applicable in the circumstances.

Exception -- urgency

 (3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances.

Notice of opinion

 (4) Where the federal Minister forms the opinion described in subsection (2) or (3), he or she shall have a statement of the reasons why he or she formed that opinion laid before each House of Parliament.

Exception -- prescribed dates

 (5) A regulation may be made under paragraph 117(w) prescribing a date for the purposes of the application of any provision of this Act without being laid before either House of Parliament.

Part III of the Criminal Code

 (6) For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament.