Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations

SOR/98-206

FIREARMS ACT

Registration 1998-03-24

Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations

P.C. 1998-481 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, 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 Acta, hereby makes the annexed Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations.

INTERPRETATION

 In these Regulations, “Act” means the Firearms Act.

  • SOR/2004-269, s. 2.

THREAT TO SAFETY

 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.

  • SOR/2004-269, s. 1.

MANNER OF APPLICATION

 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.

  • SOR/2004-269, s. 3.

INFORMATION

 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.

  • SOR/2004-269, s. 3.

 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.

  • SOR/2004-269, s. 3.

 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.

  • SOR/2004-269, s. 3.

RENEWAL

 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.

  • SOR/2004-269, s. 3.

NUMBER OF FIREARMS

 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

 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

 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

 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

  •  (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.

  • SOR/2004-269, s. 4.

COMING INTO FORCE

 These Regulations come into force on December 1, 1998.

  • SOR/98-471, s. 16.

AMENDMENTS NOT IN FORCE

  • — SOR/2004-270, s. 9

    • 9. Paragraph 1.5(a) of the Authorizations to Transport Restricted Firearms and Prohibited Firearms RegulationsFootnote 3 is replaced by the following:

      • (a) the 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);