Haggis said:
An OIC was used to reclassify the cz858 and Swiss Arms rifles (which were to be grandfathered under Bill C-71. Because the new OIC specifically make reference to the Swiaa Arms rifles as now being prohibited again. Which, to me means that they were not yet grandfathered by C-71 but were still restricted until the is OIC came into force.
Not if memory, and what I can still find on Google which corroborates with my memory, serves me correctly.
In 2014 when the CZ858 and Swiss Arms rifles were reclassified overnight, the legislation at the time gave police the power to reclassify it, it didn't even require an Order in Council, the RCMP just had to change the FRT. The CPC were governing with a majority parliament, and were as surprised as the rest of us to wake up and find out it had been reclassified. They put in a 5-year amnesty immediately, and went to work on legislation to fix the issue. You may remember the Liberals opposing it at the time, saying that the decision to re-classify firearms should be left with "experts," not politicians... They got the legislation passed (Bill C-42 "The Common Sense Firearms Licensing Act") before the next election was called.
Part of the Liberals campaign in 2015 (although small part) was to change the legislation back so that the "experts" made the call. But, what they really did was change it so that it could be done by OIC so that it was actually them, being "advised" by experts. Hence the Minister for Public Safety having this file, since he is "advised" by the "experts" at the RCMP. That was part of Bill C-71 which passed and received Royal Assent.
Now, I don't understand how something receives Royal Assent but only half of it is in force as of yet (I thought it would be all or nothing), other than I guess the bill just authorized the executive government to do something and they just haven't acted on some parts, but I did read prior to this ban that only "some" of the provisions of Bill C-71 were actually in place. So, for example, the executive has not yet used the authority to create the "back-door registry." That's why that particular piece is not "in force." That's me guessing.
https://ipolitics.ca/2019/06/05/bill-c-71-small-print-allows-prohibited-rifles-at-shooting-ranges-gun-clubs/
As part of the Liberal government’s attempt to fulfil gun-control promises from the 2015 federal election, Bill C-71 reverses a Conservative decision to overrule RCMP re-classifications for four models of a Soviet-era Czechoslovakian assault rifle that had been modified from an automatic shooting capability to semi-automatic only and imported into Canada.
The RCMP, which initially classified the Czech-made CZ858 as a non-restricted firearm, which could be used for hunting or range purposes, had reclassified the rifles as prohibited. The RCMP said the guns could be converted back into automatic-fire weapons.
READ MORE: RCMP decisions on restricted, prohibited firearms going public
In 2015, as a federal election was approaching, the Conservative government amended the Criminal Code to allow cabinet and then Public Safety Minister Steven Blaney to lower the classification to non-restricted.
https://openparliament.ca/bills/41-2/C-42/
This enactment amends the Firearms Act to simplify and clarify the firearms licensing regime for individuals, to limit the discretionary authority of chief firearms officers and to provide for the sharing of information on commercial importations of firearms.
Lastly, it defines “non-restricted firearm” and gives the Governor in Council authority to prescribe a firearm to be non-restricted and expanded authority to prescribe a firearm to be restricted. note the absence of authority to prescribe it as prohibited here
I could be wrong and I can't find it for certain, but I'm pretty sure Bill C-42 made it a Parliament decision to reclassify a firearm to
prohibited. And so the Liberals would not have been able to pass this through OIC unless that part of the Bill C-71 was in force.
But you could be right, it might have made it that an OIC was required, which then would have allowed the Liberals to use OIC to ban these firearms without Bill C-71 being in force. But right now all signs point me to believe otherwise, and that
parts of Bill C-71 are in force.