Controlled Goods Regulations (SOR/2001-32)

Regulations are current to 2013-04-29 and last amended on 2010-12-10. Previous Versions

Factor for Consideration

 In deciding whether to register a person, the Minister shall consider, based on a security assessment, the extent to which the applicant poses a risk of transferring a controlled good to a person who is not registered or exempt from registration.

  • SOR/2010-303, s. 1.

Approval

 If the Minister approves an application for registration, the Minister shall provide a certificate of registration to the applicant that sets out the period for which the registration is valid and any conditions under which they may examine, possess or transfer controlled goods.

  • SOR/2010-303, s. 1.

Denial of Registration

 If the Minister denies an application for registration, the Minister shall send a notice with reasons for the denial to the applicant.

  • SOR/2010-303, s. 1.

Period of Validity

 The registration of a person is valid for a period not exceeding five years from the date of approval by the Minister.

Non-assignability

 The registration of a person is not assignable.

Changes to Application

 Every applicant and registered person shall, without delay, inform the Minister of any change in any of the information contained in the application for registration.

Conditions of Registration

 Every registration of a person is subject to the following conditions:

  • (a) that the person keep and maintain, during the period of registration and for a period of five years after the day on which the person ceases to be registered, records that contain

    • (i) a description of any controlled goods received by the person, the date of their receipt and an identification of the person from whom they were transferred,

    • (ii) a description of any controlled goods transferred by the person, the date of their transfer and the identity and address of the person to whom they were transferred, and

    • (iii) a description of the manner and date of disposition of the controlled goods;

  • (b) that the person keep and maintain records of security assessments and supporting documentation in respect of each officer, director, employee and temporary worker who examines, possesses or transfers controlled goods, during the period of an individual's employment and for a period of two years after the day on which the individual ceases to be an officer, director, employee or temporary worker of the person;

  • (c) that the person keep a copy of the evidence referred to in subsection 16(2) for a period of two years after the day on which the individual who is exempt ceases to have access to the controlled goods of the registered person;

  • (d) that the person appoint as a designated official an individual who meets the qualifications set out in section 11;

  • (e) that the person establish and implement a security plan in respect of each place of business in Canada where controlled goods are kept that contains written measures that set out

    • (i) the procedures used by the person to control the examination, possession and transfer of controlled goods,

    • (ii) the procedures for reporting and investigating security breaches in relation to controlled goods,

    • (iii) the description of the responsibilities of the person's security organization and the identity of individuals who are responsible for the security of controlled goods, and

    • (iv) the contents of security briefings and training programs given to visitors, officers, directors, employees and temporary workers, as the case may be;

  • (f) that the person provide training programs in respect of the secure handling of controlled goods for officers, directors, employees and temporary workers who are authorized to possess or examine those goods;

  • (g) that the person provide briefings in respect of the secure handling of controlled goods by visitors who are authorized to examine those goods;

  • (h) that the person advise the Minister, without delay, of any security breaches in relation to controlled goods; and

  • (i) that the person make available, at any reasonable time, to the Minister the records referred to in paragraph (a), the records and documents referred to in paragraph (b) and the copy of the evidence referred to in paragraph (c).

  • (j[Repealed, SOR/2010-303, s. 2]

  • SOR/2010-303, s. 2.