Firearms Licences Regulations (SOR/98-199)

Regulations are current to 2019-07-01 and last amended on 2015-05-08. Previous Versions

PART 2Businesses (continued)

Persons Related to a Business

 For the purposes of section 9 of the Act, every person who is related to a business referred to in that section in one of the following ways is in a prescribed relationship to the business:

  • (a) the person is an owner of or partner in the business;

  • (b) if the business is a corporation, the person is a director or officer of the corporation; and

  • (c) the person has a relationship with a person referred to in paragraph (a) or (b) and

    • (i) has a direct influence on the operations of the business, or

    • (ii) could have access to the firearms held by the business.

  • SOR/2004-274, s. 16

Prescribed Purposes

 The following purposes are prescribed for the purposes of subsection 11(2) of the Act:

  • (a) the performance of a contract entered into by the Government of Canada, the government of a province, the government of a municipality acting on behalf of a police force or a police force, or by a person acting on behalf of such a government or a police force;

  • (b) export to a country under a contract entered into between the Government of Canada and the government of that country;

  • (c) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited weapon or prohibited device, or any component or part thereof, or the manufacture of prohibited ammunition or of ammunition for a prohibited firearm, if the business intends to export the firearm, weapon, device, component, part or ammunition under an export permit issued under the Export and Import Permits Act;

  • (d) the inspection, development or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for or on behalf of

  • (e) the development or testing of ammunition for export to a country included on the Automatic Firearms Country Control List established under section 4.1 of the Export and Import Permits Act;

  • (f) use in respect of motion picture, television, video or theatrical production or in publishing activities;

  • (g) the manufacture of replica firearms for use in respect of motion picture, television, video or theatrical production or in publishing activities;

  • (h) display, demonstration, repair, restoration, maintenance, preservation or storage for or by a museum;

  • (i) display or storage by a branch of the Royal Canadian Legion or an organized group of veterans of any armed forces of Canada or of a police force;

  • (j) in respect of prohibited handguns, handgun barrels within the meaning of paragraph (b) of the definition prohibited device in subsection 84(1) of the Criminal Code or magazine cartridges under section 3 of Part 4 of the Schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, the use by businesses whose principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value and whose employees require prohibited handguns to protect their lives in the course of that activity;

  • (k) the maintenance, repair, modification or storage of a prohibited firearm, or any component or part thereof, on behalf of a person licensed to possess prohibited firearms or on behalf of a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

  • (l) the manufacture, maintenance, repair or modification of a prohibited weapon or prohibited device, or any component or part thereof, for the purpose of supplying it to a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

  • (m) the development, modification or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of training, or supplying goods or training materials used in the training of, a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

  • (n) the development, modification or testing of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of exporting goods or training materials to be used in the training of a police officer, or a member of the armed forces of a state other than Canada, who is acting in the course of his or her duties or employment;

  • (o) the possession of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part thereof, for the purpose of supplying it to a public officer, as defined in subsection 117.07(2) of the Criminal Code, who is acting in the course of his or her duties or employment;

  • (p) the development or testing of body armour, armoured security vehicles or other devices or materials designed to prevent or limit penetration by ammunition, including prohibited ammunition, discharged from a firearm;

  • (q) the development or testing of processes, devices or materials designed to prevent, limit or counteract the effects of prohibited weapons;

  • (r) the development or testing of ammunition for a prohibited firearm or of components or parts of ammunition for a prohibited firearm;

  • (s) the possession of a prohibited firearm for sale on consignment, on behalf of a person licensed to possess prohibited firearms;

  • (t) the possession of a prohibited handgun — that, beginning on December 1, 1998, was continuously in the inventory of the business, and in respect of which a copy of a record was sent before that date to the Commissioner of the Royal Canadian Mounted Police and received by that officer — for the purpose of transfer to a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section or to an individual described in subsection 12(6) of the Act;

  • (u) the possession of a handgun barrel within the meaning of paragraph (b) of the definition prohibited device in subsection 84(1) of the Criminal Code — that, beginning on December 1, 1998, was continuously in the inventory of the business — for the purpose of transfer to a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section;

  • (v) the performance of services as a customs broker by a business that holds a licence under subsection 9(1) of the Customs Act;

  • (w) the operation of a sufferance warehouse for the examination of imported goods that have not been released by a business that holds a licence under paragraph 24(1)(a) of the Customs Act;

  • (x) training in the safe handling and use and identification of prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition given to a public agent as defined in section 1 of the Public Agents Firearms Regulations or to an employee of a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section;

  • (y) the importation and possession of a prohibited firearm, or any part or component of a prohibited firearm, for the purpose of performing a contract with a business that is the holder of a licence issued for any of the prescribed purposes set out in any of the other paragraphs of this section; and

  • (z) the manufacture, maintenance, repair or modification of a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition, or any component or part of any of those things, for the purpose of performing a contract with a business that is the holder of a licence issued for any of the prescribed purposes set out in any of other paragraphs of this section.

  • SOR/2004-274, s. 17

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

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
 
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