Controlled Goods Regulations (SOR/2001-32)

Regulations are current to 2014-04-02 and last amended on 2010-12-10. Previous Versions

Security Assessments for Temporary Workers

 The Minister shall conduct a security assessment in accordance with section 15 in respect of a temporary worker.

Factor for Consideration

 In deciding whether to exempt a temporary worker or a visitor from registration, the Minister shall consider the extent to which the proposed temporary worker or visitor poses a risk of transferring a controlled good to a person who is not registered or exempt from registration.

  • SOR/2010-303, s. 4.

Approval of Application for Exemption

  •  (1) If the Minister approves an application for exemption, the Minister shall provide a certificate of exemption from registration to the registered person that sets out the period for which the exemption is valid and any conditions under which the temporary worker or visitor concerned may examine, possess or transfer controlled goods.

  • (2) The registered person shall provide the temporary worker or visitor who is the subject of the exemption with a copy of the certificate.

  • SOR/2010-303, s. 5.

Denial of Exemption

 If the Minister denies an application for exemption, the Minister shall send a notice with reasons for the denial to the registered person.

  • SOR/2010-303, s. 6.

Period of Validity of Exemption

 The exemption of an individual from registration is valid for a period not exceeding three years from the date on which the exemption is approved by the Minister.

Non-assignability of Exemption

 The exemption of an individual from registration is not assignable.

Changes to Exemption Application

 Every registered person shall inform the Minister, without delay, of any change in any of the information contained in an application for exemption.

RENEWALS AND AMENDMENTS OF REGISTRATIONS AND EXEMPTIONS

 The Minister may renew or amend a registration or an exemption if the registered person submits an application for that purpose that complies with the requirements of section 3 or 18, as the case may be.

SUSPENSION AND REVOCATION OF REGISTRATIONS AND EXEMPTIONS

  •  (1) If the Minister receives credible information from which the Minister determines that a registered person or an individual who is exempt under a certificate of exemption

    • (a) has contravened any provision of the Act or these Regulations, the Export and Import Permits Act, the Security of Information Act or the Technical Data Control Regulations,

    • (b) has omitted from a security assessment or an application for registration or exemption any material fact or has misstated any material fact,

    • (c) poses an undue risk of transferring controlled goods to a person who is not registered or exempt from registration,

    • (d) has failed to comply with any condition of registration or exemption, or

    • (e) becomes insolvent or bankrupt or is unable to conduct their normal business activities for a period greater than 30 days,

    the Minister may, by notice to the registered person suspend or revoke the registration or exemption, as the case may be.

  • (2) The registered person shall, without delay, provide the temporary worker or visitor who is the subject of the suspension or revocation with a copy of the notice furnished by the Minister under subsection (1).

  • (3) A notice of suspension or revocation shall state the reason for the suspension or revocation.

  • (4) Within 30 days after the date of a notice of suspension or revocation, the registered person may make representations to the Minister in respect of the suspension or revocation.

  • (5) If a registered person does not make representations or is unable to show to the Minister within 30 days after the date of the notice that the suspension should be removed the Minister may revoke the registration or exemption.

  • (6) The Minister may, by a notice to the registered person, reinstate the registration or exemption if the registered person, upon submitting new or additional information, is able to show to the Minister that

    • (a) the reason for the suspension or revocation no longer exists; or

    • (b) the decision to suspend or revoke the registration or exemption ought not to have been made.

  • (7) If the Minister does not reinstate the registration or exemption, a notice to that effect, with reasons, shall be given to the registered person.

  • (8) The registered person shall, without delay, provide the temporary worker or visitor who is the subject of the suspension or revocation with a copy of a notice furnished by the Minister under subsection (6) or (7), as the case may be.

  • 2001, c. 41, s. 39.