Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations

Contents

Whereas, pursuant to section 118 of the Firearms Act, the Minister of Justice had a copy of the proposed Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996, which date is at least 30 sitting days before the date of this Order;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 117 of the Firearms Act, hereby makes the annexed Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations.^note

Interpretation

1 #

In these Regulations, Act means the Firearms Act.^note

Threat to Safety

1.1 #

A chief firearms officer may issue to an individual an authorization to transport if the chief firearms officer determines that the transportation of a restricted firearm or prohibited firearm, as the case may be, between two or more specified places will not pose a threat to the safety of the individual or any other individual.^note

Handguns

1.11 #

Despite section 1.1, the chief firearms officer may issue to an individual an authorization to transport a handgun from a port of entry only if

(a)the individual holds a registration certificate for the handgun that was issued on the basis of an application that, before the day on which this provision comes into force, was made in accordance with section 54 of the Act;

(b)the individual possesses an authorization to carry the handgun under section 20 of the Act;

(c)the individual requires the handgun to train, compete or coach in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee, and the individual provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating

(i)that the individual trains, competes or coaches in such a discipline,

(ii)the specific discipline in which the individual trains, competes or coaches, and

(iii)that the handgun that the individual seeks to transport is necessary for training, competing or coaching in that specific discipline; or

(d)in the case of a non-resident individual, a customs officer confirms, under section 35 of the Act, the declaration and authorization to transport referred to in that section in respect of the handgun.

^note

Manner of Application

1.2 #

For the purposes of subsection 54(1) of the Act, an application for an authorization to transport a restricted firearm or prohibited firearm made by an individual, other than a non-resident, who holds a licence and a registration certificate for the firearm or by a non-resident may, in addition to being made in the prescribed form, be made by telephone by either speaking to a person or to an interactive voice response system.^note

Information

1.3 #

For the purposes of subsection 54(1) of the Act, an application that is made by telephone under section 1.2 shall include

(a)the applicant's name;

(b)the reason for transporting the firearm;

(c)the frequency, dates and times that the firearm will be transported; and

(d)the place of departure and the destination of the transported firearm.

^note

1.4 #

In addition to the information referred to in section 1.3, an application that is made by telephone under section 1.2 by an individual who holds a licence and a registration certificate for the firearm shall include

(a)the applicant's licence number;

(b)the number of the registration certificate for the firearm;

(c)the firearm identification number for the firearm; and

(d)if the applicant is an individual other than a non-resident and is not the owner of the firearm, the owner's licence number.

^note

1.5 #

In addition to the information referred to in section 1.3, an application that is made by telephone under section 1.2 by a non-resident who does not hold a licence, or who holds a licence but not a registration certificate for the firearm, shall include

(a)the confirmation number of the applicant's declaration provided by a customs officer under section 3 of the Importation and Exportation of Firearms Regulations (Individuals);

(b)in the case of a non-resident who does not hold a licence, the applicant's residence address and mailing address;

(c)in the case of a non-resident who holds a licence, their licence number;

(d)the make, model, type and action of the firearm and its serial number, if any; and

(e)the quantity of ammunition that the cartridge magazine of the firearm can contain.

^note

Renewal

1.6 #

For the purposes of subsection 67(1) of the Act, the manner in which an authorization to transport is renewed is any of the manners in which it can be issued.^note

Number of Firearms

2 #

An authorization to transport may authorize the transportation of one or more restricted firearms or prohibited firearms.

Contents of Authorizations to Transport that Take the Form of Licence Conditions

3 #

An authorization to transport that takes the form of a condition attached to a licence must

(a)identify all of the firearms to which the authorization to transport applies; and

(b)specify

(i)the period for which the authorization to transport is issued,

(ii)the places between which the firearms to which it applies may be transported, and

(iii)the reasons for which the firearms may be transported between the specified places.

Condition

4 #

A chief firearms officer who issues an authorization to transport shall attach to it the condition that the firearm be transported by a route that, in all the circumstances, is reasonably direct.

Revocation

5 #

A chief firearms officer who issues an individual's authorization to transport shall revoke it if

(a)the individual's licence to possess any of the firearms referred to in the authorization is revoked or reaches its expiry date; or

(b)the chief firearms officer becomes aware that the individual's physical or mental state has deteriorated to an extent that may affect the safety of the individual or of any other person.

Notice of Refusal or Revocation

6 #

(1)A notice of a decision to refuse to issue an authorization to transport or to revoke an authorization to transport is sufficiently given if the notice is addressed to the applicant for or holder of the authorization at their address that is set out in the application for the authorization or, if the individual has advised the chief firearms officer of a change of that address, at the new address, and the notice is

(a)delivered personally, at any time that is reasonable in the circumstances;

(b)sent by registered mail or by courier; or

(c)transmitted by electronic means that can produce a paper record.

(2)The notice is deemed to be received

(a)on the day of delivery, if delivered personally;

(b)on the fifth working day, excluding Saturdays and holidays, after

(i)the postmark date, if it is sent by mail, and

(ii)the date of shipment on the waybill, if it is sent by courier; and

(c)on the day of transmission, if sent by electronic means.

Coming into Force

7 #

These Regulations come into force on December 1, 1998.^note

Amendments not in force

— SOR/2004-270, s. 9Paragraph 1.5(a) of the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations is replaced by the following:^notethe confirmation number of the applicant’s declaration provided by a customs officer under subsection 3(1) or section 3.1 of the Importation and Exportation of Firearms Regulations (Individuals);

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.