Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

Plain-language overview

The Aboriginal Peoples of Canada Adaptations Regulations (Firearms) are federal regulations under the Firearms Act. They set out adaptations to how specified provisions of the Act and the Firearms Licences Regulations apply to certain Aboriginal individuals in Canada.

The regulations apply to an individual who is a member of one of the Aboriginal peoples of Canada, is a member of an Aboriginal community, and engages in that community’s traditional hunting practices. Except for section 20, the individual must also make a licence application under the adapted application provisions.

The regulations define “Aboriginal” to include Indian, Inuit, Métis and beneficiaries under a land claims agreement referred to in section 35 of the Constitution Act, 1982. They define an Aboriginal community as a traditional collectivity with a distinctive culture that includes traditional hunting practices.

Key points

• The Firearms Act and regulations made under it generally continue to apply to Aboriginal individuals, subject to the adaptations in these regulations.
• Licence-related statements may be made orally when an Aboriginal applicant or another Aboriginal person cannot make a written statement; the statement must then be transcribed by someone acting on that person’s behalf. An interpreter may be used when the person cannot communicate in English or French.
• An applicant seeking to be subject to these regulations must provide a declaration about their Aboriginal identity, community membership and traditional hunting practices, along with confirmation from an elder or leader of their community.
• Before refusing a licence or attaching certain licence conditions, a chief firearms officer must give an Aboriginal applicant an opportunity to submit recommendations from an elder or leader concerning the importance of traditional hunting practices to the applicant. Submitted recommendations must be considered when licence eligibility is determined.
• The regulations contain adapted rules concerning licences and certification for Aboriginal individuals who are under 18, including eligibility for a licence for those under 12 for traditional hunting purposes.
• For Aboriginal individuals aged 18 or older, the regulations provide adapted certification circumstances and criteria where an elder is involved or where an elder or leader provides a recommendation and the Canadian Firearms Safety Course or its tests are not reasonably available in the circumstances described in the regulations.
• For an Aboriginal individual under 18, adapted certification provisions permit recommendations from an elder, leader, or certain adults with recent personal knowledge of the individual.
• For treaty ammunition, “transfer” does not include ammunition provided by Canada or a province in fulfilment of a treaty obligation.

Scope and application

These are federal regulations that apply across Canada. Their adapted provisions apply to an “Aboriginal individual” as defined in section 2: an individual who meets the identity, community-membership and traditional-hunting-practice requirements, and who has made the required adapted licence application, except in relation to the treaty-ammunition provision in section 20. The regulations came into force on December 1, 1998. The supplied source states that they were last amended on May 18, 2022.

Important provisions

• Sections 1–3 — Definitions and general application: Section 1 defines key terms, including Aboriginal, Aboriginal community, elder and leader. Section 2 sets the requirements for an individual to be covered. Section 3 states that the Firearms Act and its regulations apply subject to the adaptations in sections 4 to 20.
• Sections 5–6 — Adapted licence application process: These sections adapt the licence-application rules. They permit oral statements in specified circumstances and use of an interpreter. They also require a declaration from the applicant and confirmation from an elder or leader about community membership and traditional hunting practices.
• Sections 7–9 — Recommendations concerning traditional hunting practices: Where a chief firearms officer is considering refusing a licence or attaching a condition, the regulations require an opportunity for the applicant to submit recommendations from an elder or leader, subject to the exception in section 9(2). Section 8 requires consideration of submitted recommendations in deciding licence eligibility.
• Sections 10–11 — Licences for Aboriginal individuals under 18: A licence issued to an Aboriginal individual under 18 expires when the holder turns 18 or, generally, three years after it is issued, whichever comes first. A chief firearms officer may issue it for a shorter term based on the applicant’s circumstances, character and age. Section 11 adapts the Act so that an Aboriginal individual under 12 may be eligible for a licence to possess a firearm, subject to licence conditions, for traditional hunting practices.
• Sections 12–14 — Alternative certification for adults: For Aboriginal individuals at least 18 years old, the regulations adapt certification rules. The adapted circumstances include where the individual is an elder, or where an elder or leader recommends certification and the safety course or its tests are not available within a reasonable time, accessible without undue cost or hardship, or available at a reasonable cost. The criteria address basic firearms safety knowledge and basic legal knowledge.
• Sections 15–17 — Certification for individuals under 18: These sections adapt certification rules for Aboriginal individuals under 18. The regulations identify who may make a recommendation and specify the basic safety and legal knowledge criteria. Section 15 also states that the ordinary subsection 7(1) requirement applies when a certified individual reaches 18.
• Section 20 — Treaty ammunition: For the adapted application of section 21 of the Firearms Act, a transfer does not include ammunition provided by Canada or a province in fulfilment of a treaty obligation.

Research notes

• Official source supplied: Justice Laws Website, Aboriginal Peoples of Canada Adaptations Regulations (Firearms), SOR/98-205.
• The supplied source identifies the instrument as a regulation under the Firearms Act, registered March 24, 1998, and in force December 1, 1998.
• The supplied source indicates that sections 18 and 19 were repealed by SOR/2022-91, section 15.
• This explanation summarizes only the text supplied and does not address other provisions of the Firearms Act or the Firearms Licences Regulations.