Class of Exempt Individuals
16. (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
17. 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
18. 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.
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