Authorization to Export or Import Firearms Regulations (Businesses)

SOR/98-214

Registration 24 March, 1998

FIREARMS ACT

Authorization to Export or Import Firearms Regulations (Businesses)

P.C. 1998-489 24 March, 1998

Whereas, pursuant to section 118 of the Firearms Act^a, the Minister of Justice had a copy of the proposed Authorization to Export or Import Firearms Regulations (Businesses), 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 sections 44 to 47, paragraphs 117(a), (b) and (i), subparagraph 117(k)(iii) and paragraph 117(w) of the Firearms Act^a, hereby makes the annexed Authorization to Export or Import Firearms Regulations (Businesses).

^a S.C. 1995, c. 39

AUTHORIZATION TO EXPORT OR IMPORT FIREARMS REGULATIONS (BUSINESSES)

INTERPRETATION

1. In these Regulations, "Act" means the Firearms Act. (Loi)

PART 1
AUTHORIZATION TO EXPORT

Purposes of Exportation for Prohibited Goods

2. For the purposes of paragraph 44(b) of the Act, any of the purposes described in section 22 of the Firearms Licences Regulations is a prescribed purpose for the exportation of goods described in that paragraph.

Mandatory Conditions

3. If a business applies for an authorization to export goods described in section 43 of the Act, the Registrar shall attach to an authorization issued in respect of those goods the condition that the goods be identified by marking, in a bar code or similar machine readable form on the outer packaging of the goods, the quantity of each type of goods in the package and the following information:

(a) in the case of firearms,

(i) a description that is sufficiently detailed to permit the firearms to be identified in accordance with any definitions set out in subsection 84(1) of the Criminal Code that are applicable,

(ii) the make and, if known, the model, and

(iii) the serial number, if it exists, and the firearm identification number assigned by the Registrar at the time of registration; and

(b) in any other case, a description that is sufficiently detailed to permit the goods to be identified in accordance with any definitions set out in subsection 84(1) of the Criminal Code that are applicable.

Disposal of Detained Goods

4. (1) For the purposes of subsection 45(4) of the Act, a customs officer shall dispose of goods detained under subsection 45(3) of the Act in the following manner:

(a) by releasing the goods to the business that made the application for the authorization to export if the business pays to Her Majesty in right of Canada any costs incurred by Her Majesty for the storage of those goods;

(b) if the goods are not released to the business under paragraph (a), by offering the goods to the chief firearms officer of the province in which the goods were detained or, if refused, to the Registrar, for destruction, or for any scientific, research or educational purpose, or, in the case of a firearm, for its presentation as a historical firearm, but in no case shall the goods be sold; or

(c) if the persons referred to in paragraph (b) both refuse the goods, by having the goods destroyed.

(2) Before disposing of goods, a customs officer shall advise the Registrar of the goods that were detained and of the proposed manner of their disposal.

PART 2
AUTHORIZATION TO IMPORT

Purposes of Importation for Prohibited Goods

5. For the purposes of paragraph 46(d) of the Act, any of the purposes described in section 22 of the Firearms Licences Regulations is a prescribed purpose for the importation of goods described in that paragraph.

Mandatory Conditions

6. If a business applies for an authorization to import goods described in section 43 of the Act, the Registrar shall attach to an authorization issued in respect of those goods the condition that the goods be identified by marking, in a bar code or similar machine readable form on the outer packaging of the goods, the quantity of each type of goods in the package and the following information:

(a) in the case of firearms,

(i) a description that is sufficiently detailed to permit the firearms to be identified in accordance with any definitions set out in subsection 84(1) of the Criminal Code that are applicable,

(ii) the make and, if known, the model, and

(iii) the serial number if it exists and, if the firearm has been registered, the firearm identification number assigned by the Registrar; and

(b) in any other case, a description that is sufficiently detailed to permit the goods to be identified in accordance with any definitions set out in subsection 84(1) of the Criminal Code that are applicable.

Disposal of Forfeited Goods

7. (1) For the purposes of subsection 47(4) of the Act, a customs officer shall dispose of goods forfeited under that subsection in the following manner:

(a) by offering the goods to the chief firearms officer of the province in which the goods are forfeited or, if refused, to the Registrar, for destruction, or for any scientific, research or educational purpose, or, in the case of a firearm, for its preservation as a historical firearm, but in no case shall the goods be sold; or

(b) if the persons referred to in paragraph (a) both refuse the goods, by having the goods destroyed.

(2) Before disposing of goods, a customs officer shall advise the Registrar of the goods that were forfeited and of the proposed manner of their disposal.

PART 3
GENERAL

Notice of Refusal or Revocation

8. (1) A notice of a decision to refuse to issue an authorization to export or import goods or to revoke such an authorization is sufficiently given if the notice is addressed to the last known address of the business that applied for or is the holder of the authorization and the notice is, as the case may be,

(a) delivered personally during normal business hours of the business;

(b) sent by registered or certified mail or by courier;

(c) transmitted by electronic means that can produce a paper record; or

(d) in the case of a notice of a decision to revoke, delivered personally to the person who produces the authorization at the customs office.

(2) The notice is deemed to be received

(a) on the day of delivery, if it is 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 it is sent by electronic means.

Revocation of Authorizations

9. The Registrar may revoke an authorization for the export or import of goods at any time before the authorization is confirmed by a customs officer pursuant to subsection 45(2) or 47(2) of the Act.

10. The Registrar shall revoke an authorization, issued to a business, for the export or import of goods before the goods are exported or imported, as the case may be, if the Registrar has reason to believe that any of the following, as applicable, is no longer valid:

(a) the licence referred to in paragraph 44(c) of the Act;

(b) the licence referred to in paragraph 46(a) of the Act; or

(c) the export permit issued to the business in accordance with the Export and Import Permits Act.

Notice of Refusal to Confirm Authorization

11. If a customs officer refuses to confirm an authorization to export or import under subsection 45(2) or 47(2) of the Act, the customs officer shall notify, in writing, including by electronic means that can produce a paper record, the business and the Registrar of the reasons for the refusal and, if the goods are detained under subsection 45(3) of the Act, the reasons for detaining the goods.

COMING INTO FORCE

12. These Regulations come into force on the day on which section 34 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003 comes into force. SOR/98-469, s. 1; SOR/99-110, s. 1; SOR/2001-11, s. 1; SOR/2002-441, s. 1; SOR/2003-403, s. 1.