April 20, 2023 · Order in Council / Alberta Firearms Act Part 2 Proclamation · enacted

Alberta firearms act part 2 proclamation

Proclaims Part 2 of the Alberta Firearms Act into force, establishing the legal basis for specific provincial regulations concerning firearms.

What changed

Part 2 of the Alberta Firearms Act is brought into force by proclamation on April 20, 2023.
This action establishes the legal basis for the provincial government to implement and enforce the provisions contained within Part 2 of the Act.
A new provincial regulatory framework is established for individuals and organizations involved in seizing, collecting, tracking, storing, destroying, or deactivating restricted and prohibited firearms and ammunition.
Individuals acting as seizure agents must obtain a 'seizure agent licence' from the Minister of Justice.
Organizations providing seizure agents must obtain a 'provider licence' from the Minister of Justice.
The Minister of Justice is granted discretion to issue, renew, amend, suspend, or cancel these licences based on criteria including public interest and compliance with the Act or regulations.
Applicants for licences must meet specific requirements, including age, holding a valid federal firearms licence, satisfactory criminal record checks, completion of required training, and general liability insurance.
Licences may be issued for a term of up to 2 years and are subject to terms and conditions imposed by the Minister.

The proclamation enables the provincial government to exercise new or expanded authority over aspects of firearms regulation as defined in Part 2 of the Alberta Firearms Act.
This introduces a provincial layer of oversight and regulation concerning firearms, potentially affecting individuals and entities involved with firearms in Alberta.
Centralizes authority over the seizure and handling of specific firearms and ammunition under the provincial Minister of Justice, creating a new layer of provincial oversight.
Expands the Minister's discretionary authority to grant, deny, or revoke licences based on broad criteria such as 'public interest' or whether an applicant is a 'fit or proper person'.
Introduces new financial and administrative requirements for individuals and organizations seeking to operate as seizure agents or providers, including application fees and insurance.
Establishes a formal process for notice and response regarding ministerial decisions on licences, but allows for immediate suspension or cancellation in cases deemed to be in the 'public interest'.

Clarity of provincial jurisdiction regarding firearms regulation
Broad ministerial discretion in issuing, renewing, or revoking licences based on subjective criteria such as 'public interest' or whether an applicant is a 'fit or proper person'.
Potential for arbitrary decision-making due to the subjective nature of some criteria for licence approval or cancellation.
Ability of the Minister to amend, suspend, or cancel a licence immediately if deemed 'in the public interest' before the licensee has an opportunity to respond.