Controlled Goods Regulations (SOR/2001-32)

Regulations are current to 2013-05-26 and last amended on 2010-12-10. Previous Versions

EXEMPTIONS

Class of Exempt Individuals

  •  (1) Subject to subsection (2), an individual is exempt from registration if they are a director, an officer or an employee of a person registered to access controlled goods under the International Traffic in Arms Regulations, Title 22, Parts 120-130 of the Code of Federal Regulations (United States).

  • (2) An individual is exempt from registration from the day on which they provide to the person registered under these Regulations from whom they will obtain access to the controlled goods

    • (a) evidence of the individual's status as a director, an officer or an employee of the person registered under the regulations referred to in subsection (1);

    • (b) evidence of the registration and eligibility of that person under the International Traffic in Arms Regulations; and

    • (c) evidence of the eligibility of the individual under the International Traffic in Arms Regulations.

  • (3) An individual is also exempt from registration if they are an officer, employee or elected or appointed official of the United States federal government or of a state or territorial government of the United States and act in good faith in the course of their duties and employment.

  • SOR/2004-132, s. 2.

Eligibility for Exemption from Registration

 Temporary workers or visitors are eligible to apply for exemption from registration only if a registered person submits to the Minister an application on their behalf in accordance with section 18 and, in the case of a temporary worker, the temporary worker consents to a security assessment.

Applications for Exemption from Registration

 A registered person may apply to exempt a temporary worker or a visitor from registration by sending to the Minister an application on a form supplied by the Minister that contains

  • (a) the name of the registered person;

  • (b) the full name, date of birth and citizenship of the temporary worker or visitor, as the case may be;

  • (c) in the case of a temporary worker, their consent to a security assessment together with evidence that they may be lawfully employed in Canada;

  • (d) in the case of a visitor, the name and address of the visitor's employer, if applicable;

  • (e) a description, including the country of origin if other than Canada, of the controlled goods that the temporary worker or visitor will examine, possess or transfer;

  • (f) the expected duration of the employment or the expected duration and purpose of the visit;

  • (g) in the case of a temporary worker, evidence of their places of residence, their employment and educational histories and personal references in respect of the five-year period immediately before the date of their consent to the security assessment;

  • (h) in the case of a temporary worker, an evaluation by the designated official of the registered person as to the honesty, reliability and trustworthiness of the temporary worker; and

  • (i) a statement signed and dated by the designated official stating that

    • (i) the individual for whom the exemption is being sought meets the requirements of the definition of temporary worker or visitor, as the case may be, and

    • (ii) the information contained in the application is true, complete and correct.