Special Authority to Possess Regulations (Firearms Act)

SOR/98-208

Registration 24 March, 1998

FIREARMS ACT

Special Authority to Possess Regulations (Firearms Act)

P.C. 1998-483 24 March, 1998

Whereas, pursuant to section 118 of the Firearms Act^a, the Minister of Justice had a copy of the proposed Special Authority to Possess Regulations (Firearms Act), substantially in the annexed form, laid before each House of Parliament on October 30, 1997, 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 paragraphs 117(i), (k) and (m) of the Firearms Act^a, hereby makes the annexed Special Authority to Possess Regulations (Firearms Act).

^a S.C. 1995, c. 39

SPECIAL AUTHORITY TO POSSESS REGULATIONS (FIREARMS ACT)

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act" means the Firearms Act. (Loi)

"approved verifier" has the same meaning as in the Conditions of Transferring Firearms and other Weapons Regulations. (vérificateur autorisé)

"verify" has the same meaning as in the Conditions of Transferring Firearms and other Weapons Regulations. (vérifier)

PART 1
MANUFACTURE AND TRANSFER OF REPLICA FIREARMS

Manufacture without Licence

2. (1) An individual or business may, without a licence, manufacture a replica firearm in performance of a contract to supply the holder of a licence issued for any of the prescribed purposes listed in paragraph 22(f) of the Firearms Licences Regulations.

(2) The individual or business may transfer the replica firearm only to the licence holder with whom the contract described in subsection (1) was entered into.

Obligations of Manufacturer

3. The manufacturer referred to in section 2 shall

(a) if the manufacturer is a business, designate at least one individual at the place of manufacture who is responsible for the use, storage and handling of the replica firearm;

(b) keep a record with respect to replica firearms manufactured or transferred that includes

(i) a description of each replica firearm,

(ii) the date of manufacture and the date of transfer of each replica firearm,

(iii) the quantity transferred, and

(iv) the name, address, telephone number and licence number of the holder of the licence referred to in subsection 2(2); and

(c) make the records available to a chief firearms officer on request.

Storage

4. The individual or business referred to in subsection 2(1) by whom a replica firearm is manufactured shall ensure that the replica firearm is stored in the manner set out in section 5.

5. Replica firearms shall be stored in a container, receptacle, vault, safe or room that is kept securely locked and that is constructed so that it cannot readily be broken open or into.

PART 2
TEMPORARY TRANSFERS OF REPLICA FIREARMS

Interpretation

6. The definitions in this section apply in this Part.

"transferee" means the person to whom a replica firearm is transferred under section 8. (cessionnaire)

"transferor" means

(a) any individual or business who was in lawful possession of a replica firearm on commencement day;

(b) the holder of a licence issued for any of the prescribed purposes listed in paragraph 22(f) of the Firearms Licences Regulations; and

(c) a chief firearms officer. (cédant)

Application

7. This Part applies to a transfer as defined in subsection 84(1) of the Criminal Code, other than by sale, bartering or giving.

Transfer

8. A transferor may transfer a replica firearm to a transferee, whether or not the transferee holds a licence to acquire replica firearms, who is

(a) acting in the course of his or her duties or employment in motion picture, television, video or theatrical production or in publishing activities; or

(b) an instructor who is designated by a chief firearms officer in accordance with section 7 of the Act and who is acting in his or her capacity as an instructor under that section.

Obligations of Transferor

9. A transferor shall

(a) if the transferee is a business, ensure that the transferee designates at least one individual at the work place who is responsible for the use, storage and handling of the replica firearm;

(b) ensure that the transferee is informed of

(i) the provisions of these Regulations, and

(ii) the offence provisions of the Act and the Criminal Code relating to replica firearms and imitation firearms;

(c) keep a record with respect to replica firearms transferred that includes

(i) a description of each replica firearm,

(ii) the date of the transfer,

(iii) the quantity transferred, and

(iv) the name, address and telephone number of the transferee; and

(d) make the records available to a chief firearms officer on request.

Obligations of Transferee or Designated Person

10. The transferee or, if a person is designated under paragraph 9(a), that person shall

(a) provide a signed statement to the transferor indicating that the requirements of paragraph 9(b) have been met; and

(b) keep a record of

(i) the quantity and the description of replica firearms at the work place, and

(ii) the date on which each replica firearm was received.

Period of Transfer

11. The period of the transfer shall not exceed one year, but a transfer may be extended for a further period of up to one year if the transferor updates the information described in section 9 and verifies that the transferee is in compliance with paragraph 9(a).

Storage

12. The transferee shall ensure that the replica firearms are stored in the manner set out in section 5.

PART 3
POSSESSION OF CERTAIN PROHIBITED FIREARMS

13. An individual who holds a licence authorizing the possession of a prohibited firearm, other than a handgun referred to in subsection 12(6) of the Act, may be authorized by a chief firearms officer to possess such a firearm in the circumstances set out in subsection 14(1) or (2).

14. (1) The chief firearms officer of the province in which the following activities are to take place may, if the safety of any person will not be endangered, authorize the possession of a firearm referred to in section 13 at a shooting range and in the course of transporting the firearm by a route that is, in all the circumstances, reasonably direct between the place authorized under section 17 of the Act with respect to that firearm and the shooting range

(a) in the case of an automatic firearm, if it is being used for test firing or demonstration purposes on an occasional basis, at a shooting range maintained by the Minister of National Defence under the National Defence Act; and

(b) in the case of any other prohibited firearm, if it is being used for test firing or demonstration purposes or for target shooting or competitive events, on an occasional basis, at a shooting range approved under section 29 of the Act or maintained by the Minister of National Defence under the National Defence Act.

(2) The chief firearms officer of the province in which the individual referred to in section 13 resides may, if the safety of any person will not be endangered, authorize the possession of a firearm referred to in that section in the course of transporting the firearm by a route that, in all the circumstances, is reasonably direct between the place authorized under section 17 of the Act with respect to that firearm and a customs office if the firearm is being used on an occasional basis at an event outside of Canada.

15. An individual who holds a licence authorizing the possession of a prohibited firearm may be authorized by the chief firearms officer of the province in which the individual resides to possess such a firearm in the course of transporting it by a route that is, in all the circumstances, reasonably direct between the place authorized under section 17 of the Act with respect to that firearm and the location of an approved verifier for the purpose of verification.

COMING INTO FORCE

16. These Regulations come into force on December 1, 1998. SOR/98-471, s. 18.