Alberta Record

· Order in Council / Alberta Firearms Regulation · in-force

Alberta firearms regulation oic 2023 145

Establishes the Alberta Firearms Regulation, defining terms, prescribing federal enactments, and requiring ministerial approval for certain funding agreements or grants for municipal entities, police services, or police commissions.

Moderate impactCentralization of powerLocal autonomyMunicipalitiesThe public, directlyCourts

What changed

  • Creates the Alberta Firearms Regulation under the authority of the Alberta Firearms Act.
  • Defines 'municipal entity' (municipality and council) and 'police commission' for the purposes of the Act and Regulation.
  • Prescribes Part III of the Criminal Code (Canada) and the Firearms Act (Canada) for the purposes of section 1(g)(ii) of the Alberta Firearms Act.
  • Requires municipal entities, police services, and police commissions to obtain the Minister's written approval for agreements or acceptance of grants/financial assistance referred to in section 16 of the Act.
  • Sets an expiry date of March 31, 2028, for the Regulation, mandating a review for ongoing relevancy and necessity.
  • Order in Council 146/2023 enacts the Court of Justice Civil Procedure Amendment Regulation (AR 86/2023).
  • The amendment revises Section 2 of the Court of Justice Civil Procedure Regulation (AR 176/2018).
  • The monetary limit for civil claims heard in the Court of Justice is increased from $50,000 to $100,000.
  • The changes come into force on August 1, 2023.

Why it matters

  • Centralizes oversight of certain firearms-related agreements and financial assistance by requiring ministerial approval for municipal entities and police bodies.
  • Reduces the discretion of municipal entities, police services, and police commissions in accepting specific federal funding or entering agreements without provincial ministerial consent.
  • Establishes a defined review period for the regulation, allowing for potential amendments or re-enactment based on future assessment of its necessity.
  • Expands the institutional authority of the Court of Justice by increasing the value of civil claims it can adjudicate.
  • May shift a greater volume of civil litigation from the Court of King's Bench to the Court of Justice.
  • Could alter procedural requirements and legal costs for litigants with claims between $50,000 and $100,000.
  • Affects access to justice by potentially streamlining the resolution of mid-range civil disputes.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Ministerial oversight of municipal and police funding
  • Potential impact on local decision-making regarding firearms-related initiatives
  • Access to justice
  • Judicial workload and resource allocation
  • Procedural fairness for litigants

Primary sources (3)