- 7 - ABORIGINAL PEOPLES OF CANADA ADAPTATIONS REGULATIONS (FIREARMS) INTERPRETATION 1. The definitions in this section apply in these Regulations. "Aboriginal" includes Indian, Inuit and M‚tis. (Autochtone) "Aboriginal community" means a traditional collectivity of Aboriginal people that has a distinctive culture that includes engaging in traditional hunting practices. (collectivit‚ 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. (aŚn‚) "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.