ontario regulation 82/25

made under the

Community Safety and Policing Act, 2019

Made: April 24, 2025
Filed: May 30, 2025
Published on e-Laws: May 30, 2025
Published in The Ontario Gazette: June 14, 2025

Amending O. Reg. 395/23

(investigations)

1. Ontario Regulation 395/23 is amended by adding the following section:

Duties of Chief of Police – Crime Guns

Submission of information on crime guns

20.1 (1) In this section,

“CFS” means the Centre of Forensic Sciences; (“CSJ”)

“CISO” means Criminal Intelligence Service Ontario; (“SRCO”)

“crime gun” means a firearm to which this section applies; (“arme à feu liée à un crime”)

“crime gun ammunition component” means any ammunition components that may have resulted from the firing of a crime gun, but does not include test-fired ammunition components; (“composant de munition de l’arme à feu liée à un crime”)

“surrendered gun” means a firearm that is voluntarily provided to a member of a police service by any person other than the lawful owner of the firearm; (“arme à feu remise”)

“test-fired ammunition component” means any ammunition component from a crime gun or the barrel or slide of a crime gun fired by a member of a police service during test firing. (“composant de munition résultant d’un tir d’essai”)

(2) This section applies to a firearm, as defined in section 2 of the Criminal Code (Canada), that meets one of the following criteria:

1.  It is reasonably suspected by a member of a police service,

i.  to have been used, or to have been intended or attempted to be used, in the commission of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada), or

ii.  to be possessed or carried or to have been possessed or carried in contravention of any of sections 88 to 96 of the Criminal Code (Canada).

2.  It is reasonably suspected by a member of a police service to include components that were obtained from two or more firearms.

3.  It is reasonably suspected by a member of a police service to have been made, in whole or in part, with a 3D printer.

4.  The serial number on any part of it was altered, defaced or removed.

5.  All or any part of it is reasonably suspected by a member of a police service to have been manufactured or modified in Canada, or imported into Canada, without or in contravention of a licence under the Firearms Act (Canada).

(3) Every chief of police shall ensure that information about a crime gun or a crime gun ammunition component that comes into the possession of a member of the police service is submitted to the CFS as soon as the circumstances permit and in the manner specified by the Director of the CFS for the purpose of conducting an Integrated Ballistics Identification System analysis.

(4) If an employee of the CFS notifies a member of the police service that, after reviewing the information submitted under subsection (3), the crime gun or crime gun ammunition component is accepted for analysis, the chief of police shall ensure that information on the crime gun or crime gun ammunition component and the circumstances in which it came into the possession of the member of the police service are submitted to the CFS as soon as the circumstances permit and in the manner specified by the Director of the CFS, along with the following items:

1.  In the case of a crime gun, the gun itself or the test-fired ammunition components from the gun.

2.  In the case of a crime gun ammunition component, the ammunition component.

(5) The chief of police shall ensure that a member of the police service considers whether any fingerprints, DNA or other items of potential evidentiary value should be taken from the crime gun or crime gun ammunition component before it is submitted to the CFS.

(6) If the CFS notifies in writing a member of the police service that submitted the items described in subsection (4) that it has made a finding or preliminary finding of a linkage to another occurrence in a ballistic database, the chief of police shall ensure that the notification is reviewed so that the necessary investigative steps are taken by a member of the police service.

(7) In subsections (3) to (6), a reference to a crime gun includes the barrel or slide of a crime gun that meets any of the criteria set out in subsection (2).

(8) Every chief of police shall ensure that a report is submitted to the CISO on every crime gun and surrendered gun that comes into the possession of a member of the police service as soon as the circumstances permit and in the manner specified by the Director of the CISO for the purpose of the Firearms Analysis and Tracing Enforcement program.

(9) In subsection (8), a reference to a crime gun includes any of its components, such as a barrel, slide, frame, receiver or trigger, that meets any of the criteria set out in subsection (2).

(10) This section shall not be read as limiting the ability of a member of a police service to conduct their own analysis of a crime gun or crime gun ammunition component at any point in time, including prior to or after submitting the gun or ammunition component to the CFS.

Commencement

2. This Regulation comes into force on the day it is filed.