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Firearms Licences Regulations (SOR/98-199)

Regulations are current to 2024-03-06 and last amended on 2022-05-18. Previous Versions

PART 2Businesses (continued)

Additional Information

 An application for a licence that is made by a business must be accompanied by the certificate of incorporation or other constating instrument of the business, and by any document registering with a province the name and style under which the business operates or would operate.

Renewal of Licences

 For the purposes of subsection 67(1) of the Act, the manner in which a licence referred to in this Part is renewed is the same as the manner in which it can be issued.

  • SOR/2004-274, s. 18

Conditions

  •  (1) The following information is prescribed for the purpose of paragraph 58.1(1)(a) of the Act:

    • (a) the classification of the firearm;

    • (b) the date and an indication of any business activity related to the possession or the disposal of the firearm, including, if applicable, its purchase, sale, bartering, gifting, consignment, importation, exportation, repair, alteration, deactivation, destruction, manufacture, pawnbroking, storage and display;

    • (c) the firearm’s manufacturer, make, model, type, action, gauge or calibre, barrel length and, in the case of a fixed magazine, magazine capacity;

    • (d) the serial numbers displayed on the firearm’s frame or receiver;

    • (e) the name and address of the individual or business to which the firearm was sent, or from which the firearm was received, in the course of any business activity referred to in paragraph (b) other than an activity that relates to a transfer of the firearm, if applicable; and

    • (f) if the business caused the firearm to be shipped by another person, the name of the shipper or carrier, their licence number or permit number, if applicable, and the package tracking number of the shipped firearm.

  • (2) The prescribed period for the purposes of paragraph 58.1(1)(a) of the Act is a period of 20 years that begins on the day on which the record is created.

  • (3) The prescribed official for the purposes of paragraph 58.1(1)(c) and subsection 58.1(2) of the Act is the Registrar.

  • (4) For the purposes of subsection 58.1(2) of the Act, the records transmitted by the business may be destroyed at the end of the 20-year period that begins on the day on which they were received from that business.

PART 3Notices

Notice of Application

  •  (1) This section applies to a notice of an application for a licence referred to in subsection 3(1) given to a person referred to in paragraph 3(1)(d) and to a notice of a renewal of a licence referred to in section 8.2 given to a person referred to in paragraph 8.3(1)(b) or (c).

  • (1.1) A notice is sufficiently given if the person is contacted by telephone or if the notice is given in writing and addressed to that person at their address that is provided by the applicant under paragraph 3(1)(d) or 8.3(1)(b) or (c) or, if the applicant has advised the chief firearms officer of a change of that address, at the new address, and the written 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 an electronic means that can produce a paper record.

  • (2) In the case of a written notice, 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/2004-274, s. 19

Notices of Refusal or Revocation

  •  (1) A notice of a decision to refuse to issue a licence or to revoke a licence is sufficiently given if the notice is addressed to the applicant for or holder of the licence at their address that is set out in the application for the licence or, if the person has advised the chief firearms officer of a change of that address, at the new address, and the notice is

    • (a) delivered personally

      • (i) if the applicant or holder is an individual, at any time that is reasonable in the circumstances, and

      • (ii) if the applicant or holder is a business, during normal business hours;

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

    • (c) transmitted by an electronic means that can produce a paper record.

  • (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) if it is sent by electronic means,

      • (i) if the applicant or holder is an individual, on the day of transmission, and

      • (ii) if the applicant or holder is a business, on the day of transmission, if that day is a working day, or, if that day is not a working day, on the first working day after the day of transmission.

  • SOR/2004-274, s. 20

Coming into Force

 These Regulations come into force on December 1, 1998.

  • SOR/98-471, s. 1.
 

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