P-38.0001, r. 1 - Regulation respecting the exclusion of certain premises and certain means of transportation and respecting the exemption of certain persons

À jour au 12 avril 2022

Ce document a valeur officielle.

chapter P-38.0001, r. 1

Regulation respecting the exclusion of certain premises and certain means of transportation and respecting the exemption of certain persons

Act to protect persons with regard to activities involving firearms

(chapter P-38.0001, ss. 1 and 3).

DIVISION I HOME EDUCATIONAL CHILDCARE

1. A residence in which home childcare is provided and in which a firearm, within the meaning of the Firearms Act (S.C. 1995, c. 39) and its regulations, is kept is excluded from the application of section 2 of the Act to protect persons with regard to activities involving firearms (chapter P-38.0001) in respect of the person responsible for the childcare, whether the person is recognized or not as a home educational childcare provider under the Educational Childcare Act (chapter S-4.1.1), and the persons living in the residence, provided that,

(1)  in the case of the person recognized as an educational childcare provider, the person complies with the provisions of the regulation made under that Act; and

(2)  in the case of a person who is not recognized under that Act,

(a)  the person gives a written notice to the parents to whom the childcare is offered that a firearm is kept in the residence in which the childcare is provided;

(b)  the person sends a copy of the notice to the Minister of Public Security or the person designated by the Minister, along with a copy of the registration certificate for the firearm or the registration number assigned to the firearm under the Firearms Registration Act (chapter I-0.01). The copy of the notice must be signed by the parents to attest that they have been made aware of it; and

(c)  the firearm is stored out of sight and reach of the children.

O.C. 773-2008, s. 1; O.C. 1197-2017, s. 1.

2. The residence where home childcare is provided is also excluded from the application of section 2 of the Act, in respect of guests who are staying in the residence temporarily, when such accommodation is necessary to allow the guests to get to the premises where the sport activities involving the use of firearms are to be carried on. The exclusion is valid only to the extent that the person responsible for the childcare ensures that the firearms are stored out of sight and reach of the children.

O.C. 773-2008, s. 2.

DIVISION II TRAINING PROVIDED BY INSTITUTIONS DESIGNATED IN SECTION 1 OF THE ACT

3. Instructors who provide training involving the handling of firearms and students who receive such training are exempt from the application of section 2 of the Act if, for the training, they use certain premises of the institutions designated in section 1 of the Act, insofar as the institutions hold a business licence issued under the Firearms Act (S.C. 1995, c. 39).

O.C. 773-2008, s. 3.

4. The premises of the institutions referred to in section 3 used for the storage of firearms belonging to the institution or brought to the institution by the instructor or the enrolled students are also excluded from the application of section 2 of the Act.

O.C. 773-2008, s. 4.

5. Firearms transported to or from the training premises of an institution referred to in section 3 or transported to the storage location must be unloaded, be rendered inoperable by means of a secure locking device or by the removal of the bolt or bolt-carrier, and be placed in a securely locked opaque container designed in a manner that it cannot readily be broken open or into.

Ammunition must be placed in a separate container.

O.C. 773-2008, s. 5.

6. The institutions referred to in section 3 must issue a photo identification card to the students attesting to their enrolment in the training program and specifying their student number and the duration of the training program. They must also issue such a card to the instructor who provides the training.

The instructors and the students must carry the card on them and may move about the premises of the institution with firearms only to access and leave the training premises or to access the storage location.

O.C. 773-2008, s. 6.

DIVISION III TRAINING PROVIDED BY SÉCURITÉ NATURE AND THE FÉDÉRATION QUÉBÉCOISE DE TIR

7. Instructors certified by Sécurité nature and the Fédération québécoise de tir who provide training in the safe handling of firearms on premises reserved for that purpose at institutions designated in section 1 of the Act and students attending such training are exempt from the application of section 2 of the Act, for the duration of the training only.

Firearms used during the training must be deactivated and real ammunition may not be used.

O.C. 773-2008, s. 7.

8. Instructors certified by Sécurité nature and the Fédération québécoise du tir are also exempt from the application of section 2 of the Act in respect of the use of buses, shuttles, trains, aircraft or ferry boats if no other means of transportation can be used to get to the premises where training in the safe handling of firearms is provided, whether the premises are those of a designated institution or not.

Firearms transported to or from the training premises must be placed in a securely locked opaque container designed in a manner that it cannot readily be broken open or into.

O.C. 773-2008, s. 8.

DIVISION IV FOREST PREMISES AT THE DISPOSAL OF AN INSTITUTION DESIGNATED IN SECTION 1 OF THE ACT

9. Forest premises at the disposal of an institution designated in section 1 of the Act and where hunting or trapping is permitted are excluded from the application of section 2 of the Act during hunting and trapping seasons for the sole purposes of those activities.

O.C. 773-2008, s. 9.

DIVISION V BIATHLON ACTIVITIES

10. Instructors certified by the Association des clubs de biathlon du Québec who hold biathlon activities and athletes who participate in those activities are exempt from the application of section 2 of the Act if, for those activities, they use certain premises of the institutions designated in section 1 of the Act, for the duration of those activities only.

Any person who assists the instructors in the course of those activities benefits from the same exemption.

O.C. 773-2008, s. 10.

DIVISION VI STORAGE LOCATIONS AND SHOOTING RANGE

11. The premises of a designated institution that holds a business licence, other than the institutions referred to in section 3, are excluded from the application of section 2 of the Act if they are used solely for the storage of firearms.

Persons authorized to access such locations are exempt from the application of that provision.

O.C. 773-2008, s. 11.

12. The premises of an institution designated in section 1 of the Act used to store firearms used by cadet organizations under the control and supervision of the Canadian Forces are excluded from the application of section 2 of the Act.

Projectiles must be stored in premises other than the institution’s premises.

O.C. 773-2008, s. 12.

13. The premises of the shooting ranges at École Saint-Dominique-Savio in Chapais and Cité étudiante Polyno in La Sarre are excluded from the application of section 2 of the Act if they are used solely at times when the students who normally attend the school are not present.

Persons who use the shooting range are exempt from the application of that provision.

O.C. 773-2008, s. 13.

DIVISION VII USE OF CERTAIN MEANS OF PUBLIC TRANSPORTATION

14. Holders of a licence authorizing the possession of firearms issued under the Firearms Act (S.C. 1995, c. 39) are exempt from the application of section 2 of the Act, in respect of the use of buses, shuttles, trains, aircraft and ferry boats, to carry on any activity permitted by the law and, without restricting the generality of the foregoing, to participate in hunting or trapping activities, a target shooting practice or competition or a gun show, to acquire or transfer a firearm, or to see to the repair or maintenance of a firearm.

That exemption applies only to the extent that the licence holders must use one of those means of transportation on account of their personal situation or the activity in which they want to participate.

O.C. 773-2008, s. 14.

15. Firearms transported in that manner must be unloaded, be rendered inoperable by means of a secure locking device or by the removal of the bolt or bolt-carrier, and be placed in a securely locked opaque container designed in a manner that it cannot readily be broken open or into.

Ammunition must be placed in a separate container.

O.C. 773-2008, s. 15.

DIVISION VIII USE OF CHARTERED MEANS OF TRANSPORTATION

16. Holders of a licence authorizing the possession of firearms issued under the Firearms Act (S.C. 1995, c. 39) are exempt from the application of section 2 of the Act, in respect of the use of chartered transportation, if that means of transportation is reserved exclusively for a group, to carry on any activity permitted by the law, in particular to participate in hunting or trapping activities or a target shooting practice or competition.

O.C. 773-2008, s. 16.

17. Firearms transported in that manner must be unloaded, be rendered inoperable by means of a secure locking device or by the removal of the bolt or bolt-carrier, and be placed in a securely locked opaque container designed in a manner that it cannot readily be broken open or into.

Ammunition must be placed in a separate container.

O.C. 773-2008, s. 17.

DIVISION IX COMING INTO FORCE

18. (Omitted).

O.C. 773-2008, s. 18.

REFERENCES

O.C. 773-2008, 2008 G.O. 2, 3203

O.C. 1197-2017, 2017 G.O. 2, 3858

S.Q. 2022, c. 9, s. 97