Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

SOR/98-207

FIREARMS ACT

Registration 1998-03-24

Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

P.C. 1998-482 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 Carry Restricted Firearms and Certain Handguns 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 Carry Restricted Firearms and Certain Handguns Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Firearms Act. (Loi)

“holster”

“holster” means a holster that can be worn on a belt or attached to a body and that is equipped with a fastening device that can securely hold a firearm. (étui)

“prohibited handgun”

“prohibited handgun”means a handgun under paragraph (a) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

  • SOR/2004-267, s. 1.

PART 1CIRCUMSTANCES IN WHICH AN INDIVIDUAL NEEDS RESTRICTED FIREARMS OR PROHIBITED HANDGUNS FOR THE PURPOSE OF SECTION 20 OF THE ACT

Protection of Life

 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns to protect the life of that individual or of other individuals are where

  • (a) the life of that individual, or other individuals, is in imminent danger from one or more other individuals;

  • (b) police protection is not sufficient in the circumstances; and

  • (c) the possession of a restricted firearm or prohibited handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm.

Lawful Profession or Occupation

 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation are where

  • (a) the individual’s principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value, and firearms are required for the purpose of protecting his or her life or the lives of other individuals in the course of that handling, transportation or protection activity;

  • (b) the individual is working in a remote wilderness area and firearms are required for the protection of the life of that individual or of other individuals from wild animals; or

  • (c) the individual is engaged in the occupation of trapping in a province and is licensed or authorized and trained as required by the laws of the province.

PART 2AUTHORIZATIONS TO CARRY

Issuance

 A chief firearms officer shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun that is needed in the circumstances described in section 2 or paragraph 3(a) unless the chief firearms officer determines that

  • (a) the individual has successfully completed training in firearms proficiency and the use of force that is appropriate for using the firearm in those circumstances; and

  • (b) the firearm is appropriate in those circumstances.

  • SOR/2004-267, s. 2.