SOR/98-21419983

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200412

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20201

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FIREARMS ACTImportation and Exportation of Firearms Regulations (Businesses)P.C.1998-48919983

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Whereas, pursuant to section 118 of the Firearms Acta, 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;aS.C. 1995, c. 39Therefore, 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 Acta, hereby makes the annexed Authorization to Export or Import Firearms Regulations (Businesses).InterpretationSOR/2004-271, s. 2(F)

1The following definitions apply in these Regulations.Act means the Firearms Act. (Loi)non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restriction)SOR/2004-271, s. 3

PART 1Authorization to ExportPurposes of Exportation for Prohibited Goods

2For 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

3If a business applies for an authorization to export goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading for those goods and a copy of the authorization.SOR/2004-271, s. 4

Disposal of Detained Goods

4For 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 same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.SOR/2004-271, s. 5

Deemed Authorizations

4.1Permits to export firearms that are issued to businesses under section 7 of the Export and Import Permits Act are deemed to be authorizations to export for the purposes of the Act.SOR/2004-271, s. 5

PART 2Authorization to ImportPurposes of Importation for Prohibited Goods

5For 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.

Information to be Provided

5.1For the purposes of paragraph 46(f) of the Act, the information that a business that is importing goods is to provide to the Registrar is the following:(a)the name and address of the business;(b)the name of the business’ representative;(c)the business’ licence number and date of expiry;(d)the point of entry of the goods imported into Canada and their expected import date;(e)the name of the last country the goods were in before their importation into Canada;(f)in the case of non-restricted firearms and restricted firearms, the purpose for importing them and, in the case of other goods, the prescribed purpose under section 5 for importing them;(g)in the case of firearms, in respect of each firearm,(i)the firearm identification number, if any,(ii)whether the firearm is a frame or receiver only,(iii)the make,(iv)the name of the manufacturer if different from the make,(v)the model,(vi)the serial number, subject to subsection 6(2),(vii)the type,(viii)the action,(ix)the calibre or gauge,(x)the quantity of ammunition that the cartridge magazine can contain, and(xi)the barrel length;(h)in the case of other goods, a description of them; and(i)the final destination of the goods in Canada.SOR/2004-271, s. 6

Mandatory Conditions

6(1)If a business applies for an authorization to import goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading for those goods and a copy of the authorization.(2)If at the time of making the application the serial number of the firearm that is the subject of the application does not exist or is unknown, the business shall provide the serial number, if any, to the Registrar, without delay after it becomes known to the business.SOR/2004-271, s. 7

Disposal of Forfeited Goods

7For the purposes of subsection 47(4) of the Act, a customs officer shall dispose of goods forfeited under that subsection in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.SOR/2004-271, s. 8

Parts and Components

7.1(1)No business shall import a cylinder, slide, bolt, breech-block or barrel of a firearm unless the business has been authorized in writing to do so by the Registrar.SOR/2004-271, s. 8(2)For the purpose of these Regulations, the provisions of the Act and of these Regulations that apply to an authorization to import also apply, with any modifications that the circumstances require, to an authorization referred to in subsection (1).SOR/2004-271, s. 8

PART 3GeneralNotice 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 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.SOR/2004-271, s. 9

Revocation of Authorizations

9The 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.

10The 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

11If 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 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.SOR/2004-271, s. 10

Offence

11.1For the purpose of paragraph 117(o) of the Act, it is an offence to contravene subsection 7.1(1).SOR/2004-271, s. 10

Coming into Force

12These Regulations come into force on the day on which section 43 of the Firearms Act, chapter 39 of the Statutes of Canada, 1995, 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; SOR/2004-271, s. 10