FIREARMS ACTShooting Clubs and Shooting Ranges RegulationsP.C.1998-48719983
24
Whereas, pursuant to section 118 of the Firearms Acta, the Minister of Justice had a copy of the proposed Shooting Clubs and Shooting Ranges Regulations, substantially in the annexed form, laid before each House of Parliament on October 30, 1997, which date is at least 30 sitting days before the date of this Order;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 29 and paragraphs 117(d) and (e) of the Firearms Acta, hereby makes the annexed Shooting Clubs and Shooting Ranges Regulations.S.C. 1995, c. 39InterpretationThe definitions in this section apply in these Regulations.Act means the Firearms Act. (Loi)approved means approved under section 29 of the Act. (agréé)operator means a person approved under subsection 29(1) of the Act to operate either a shooting club or a shooting range. (exploitant)prohibited handgun means a handgun under paragraph (a) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code.(arme de poing prohibée)public service agency has the same meaning as in the Public Agents Firearms Regulations. (agence de services publics)range officer means an individual who oversees the shooting activities at the firing line of a shooting range. (officiel de tir)shooting club means a non-profit organization whose activities include target practice or target shooting competitions using restricted firearms or prohibited handguns at an identified approved shooting range. (club de tir)shooting range means a place that is designed or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions. (champ de tir)SOR/2004-268, s. 1ApplicationThese Regulations apply toshooting clubs; andsubject to subsections (2) and (3), shooting ranges.A shooting range that is part of the premises of a licensed business is exempt from the application of these Regulations on the condition that it be used only bythe owners, partners, directors and officers of the business who hold a licence authorizing the possession of the firearms that they use on the range; andthe employees of the business who hold a licence authorizing the possession of the firearms that they use on the range or, in the case of prohibited firearms, authorizing the acquisition of restricted firearms.A shooting range that is used only by public officers within the meaning of subsection 117.07(2) of the Criminal Code is exempt from the application of these Regulations on condition that each public officer uses the shooting range only in connection with his or her lawful duties or employment.SOR/2004-268, s. 2GeneralRequest for Approval of Shooting RangeA person who wishes to establish and operate a shooting range shall submit a request for approval to the provincial minister and provide the following information in the request:the applicant’s name, address, phone number and, if applicable, facsimile number and electronic mail address;the location of the shooting range, including road directions to reach it;the proposed hours of operation of the shooting range; andwith respect to each operator, each owner of the shooting range, and each employee of the shooting range who handles firearmshis or her name, address and phone number, andthe number of his or her licence to possess firearms or, if one does not exist, his or her date of birth.The request for approval of a shooting range must be accompanied by the following documentation:a survey report, location certificate or other similar documents that show the geographical location and layout of the shooting range and the portion of the surrounding area that could be affected by shooting on the shooting range, as well as the land use of that portion;a copy of the proposed safety rules;subject to subsection (3), evidence of at least $2,000,000 of commercial general liability insurance with coverage on an occurrence basis;evidence of compliance with applicable zoning laws;copies of, and evidence of compliance with, any operating licences required by federal, provincial or municipal laws;evidence that the design and operation of the shooting range meets at least the requirements set out in section 5; andevidence that the shooting range complies with any federal, provincial or municipal legislation that applies to the establishment and operation of such a facility in regard to environmental protection.In the case of a shooting range operated by a public service agency, the agency shall provide evidence of liability indemnification with respect to the shooting range, of at least $2,000,000, from a federal, provincial or municipal government.Request for Approval of Shooting ClubA person who wishes to establish and operate a shooting club shall submit a request for approval to the provincial minister and provide the following information in the request:the applicant’s name, address, phone number and, if applicable, facsimile number and electronic mail address;with respect to each member or officer of the clubhis or her name, address and phone number, andthe number of his or her licence to possess firearms or, if one does not exist, his or her date of birth; andthe name and address of each approved shooting range that the shooting club uses for target practice or target shooting competitions.The request for an approval of a shooting club must be accompanied by the following documentation:the articles of incorporation of the shooting club or other documentation sufficient to demonstrate that it is a non-profit organization;evidence of at least $2,000,000 of commercial general liability insurance with coverage on an occurrence basis; andevidence confirming that the shooting club has permission to use at least one shooting range referred to in paragraph (1)(c) or a shooting range maintained by the Minister of National Defence under the National Defence Act.OperationsCompliance with Safety Standards and Other ObligationsThe operator of an approved shooting range shall ensure that the discharge of firearms on the shooting range does not endanger the safety of persons at the shooting range or in the portion of the surrounding area described in paragraph 3(2)(a), by taking appropriate measures, including ensuring thatthe design and operation of the shooting rangeis such that projectiles discharged from firearms will not leave the shooting range if they are discharged there in accordance with the safety rules, andpromotes the safety of all persons on the shooting range, including by accommodating any adaptation that may be appropriate given the nature of the shooting activities that may take place and the type and calibre of firearms that may be used there;the shooting range has an adequate warning system to warn persons that they are entering a shooting range and to inform them, when such is the case, that shooting activities are taking place at that time;appropriate safety rules for the shooting range are applied that are consistent with the nature of the shooting activities that may take place and the type and calibre of firearms that may be used there;the safety rules are posted in a conspicuous place on the shooting range; andif more than one person is simultaneously engaged in shooting activities on the shooting range, a person acts as the range officer.Requirements for UsersNo person may use a restricted firearm or prohibited handgun at a shooting range unless the person isa member or an officer of an approved shooting club;a guest of a person referred to in paragraph (a); oran individual who ordinarily resides outside of Canada who is either a member of a recognized shooting organization or a guest described in paragraph (b).Safety TrainingThe operator of a shooting range shall ensure that every person who indicates an intention to use the shooting range for the first time is informed of the safety rules used at that shooting range.No person may use a shooting range for the first time without having received the information referred to in subsection (1).Continuing ComplianceInsuranceThe operator of a shooting club or a shooting range shall at all times maintain the insurance coverage referred to in paragraphs 3(2)(c) and 4(2)(b).EvidenceEvery five years after the date on which the approval of a shooting range was granted, the operator shall submit current copies of the documents set out in paragraphs 3(2)(a) to (c), as well as evidence of continuing compliance with the requirements referred to in paragraphs 3(2)(d) to (g) and sections 5 and 8, to the chief firearms officer.The chief firearms officer may request an operator of a shooting range to provide evidence as described in section 9 no more than once in a calendar year.Despite subsection (1), the chief firearms officer may make a request more frequently if he or shehas received, in the preceding 12 monthsa personal injury report in accordance with section 11, ora change report in accordance with section 12; orhas reasonable grounds to believe that the continued operation of the shooting range may endanger the safety of any person.Reports and RecordsPersonal Injury ReportThe operator of an approved shooting club or shooting range shall report any personal injury occurring on a shooting range that is caused by the discharge of a firearmas soon as possible to the local police; andwithin 30 days after the personal injury, to the chief firearms officer.The report referred to in subsection (1) must include the following information relating to the personal injury:its date, time and location;the names of the individuals involved;the name of any range officer who was on duty at the time;whether or not medical attention was sought; anda general description of the incident, including the circumstances in which the personal injury occurred, if known.Change ReportThe operator of an approved shooting range who proposes to make a change that affects the matters set out in the documentation submitted under subsection 3(2) shall give advance notice of the proposed change to the chief firearms officer within sufficient time, given the nature and complexity of the proposed change, to allow the chief firearms officer to evaluate it.The operator of an approved shooting range shall report immediately to the chief firearms officer any change, other than one referred to in section 12,to the shooting range or the portion of the surrounding area described in paragraph 3(2)(a) that could endanger the safety of any person; andin operating permits or licences issued under provincial or municipal laws that may be relevant to the approval of the shooting range or its activities.RecordsThe operator of an approved shooting club shall keep records, with respect to the following users of restricted firearms or prohibited firearms, that includewith respect to a member or officer of the clubhis or her name, address and phone number,his or her membership card number, andthe number of his or her licence to possess firearms or, if one does not exist, his or her date of birth; andwith respect to a guest of a member or officer of the clubthe information required in subparagraph (a)(i), andthe number of his or her licence to possess firearms, if one exists.Every record made under subsection (1) must be maintained for at least six years.At the chief firearms officer’s request, the operator of the approved shooting club shall submit to the chief firearms officer a report containing all or any requested part of the information described in subsection (1).Participation of Officers, Members and their GuestsThe operator of an approved shooting club shall, on the request of a chief firearms officer, supply a written description of the participation, if any, of a current or past member or officer of the shooting club or his or her guest, in target practice or target shooting competitions within the previous five years, where subsection 67(2) of the Act applies to the member, officer or guest.The operator of an approved shooting club shall, on the request of a current or past member or officer of the shooting club or his or her guest, supply to the requestor the description referred to in subsection (1) that concerns the requestor.Notice of Refusal or RevocationA notice of a decision by a provincial minister to refuse to approve a shooting club or shooting range or to revoke an approval pursuant to subsection 29(3) of the Act is sufficiently given if the notice is addressed to the applicant for or operator of a shooting club or shooting range at the address of that person that is set out in the request for approval, or, if the person has advised the provincial minister of a change of address, at the new address, and the notice isdelivered personallyif the applicant or operator is an individual, at any time that is reasonable in the circumstances, andif the applicant or operator is a business, during normal business hours;sent by registered mail or by courier; ortransmitted by electronic means that can produce a paper record.The notice is deemed to be receivedon the day of delivery, if it is delivered personally;on the fifth working day, excluding Saturdays and holidays, afterthe postmark date, if it is sent by mail, andthe date of shipment on the waybill, if it is sent by courier; andif it is sent by electronic means,if the applicant or operator is an individual, on the day of the transmission, andif the applicant or operator is a business, on the day of the transmission, if that day is a working day, or, if that day is not a working day, on the first working day after the day of transmission.SOR/2004-268, s. 3Coming into ForceThese Regulations come into force on December 1, 1998.SOR/98-471, s. 21.