Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (SOR/98-207)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

holster

holster means a holster that can be worn on a belt or attached to a body and that is equipped with a fastening device that can securely hold a firearm. (étui)

prohibited handgun

prohibited handgunmeans a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

PART 1Circumstances in Which an Individual Needs Restricted Firearms or Prohibited Handguns for the Purpose of Section 20 of the Act

Protection of Life

2 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns to protect the life of that individual or of other individuals are where

• (a) the life of that individual, or other individuals, is in imminent danger from one or more other individuals;

• (b) police protection is not sufficient in the circumstances; and

• (c) the possession of a restricted firearm or prohibited handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm.

Lawful Profession or Occupation

3 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation are where

• (a) the individual’s principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value, and firearms are required for the purpose of protecting his or her life or the lives of other individuals in the course of that handling, transportation or protection activity;

• (b) the individual is working in a remote wilderness area and firearms are required for the protection of the life of that individual or of other individuals from wild animals; or

• (c) the individual is engaged in the occupation of trapping in a province and is licensed or authorized and trained as required by the laws of the province.

PART 2Authorizations to Carry

Issuance

4 The Commissioner or the chief firearms officer, as the case may be, shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun in the circumstances described in section 2 or paragraph 3(a), unless

• (a) the individual has successfully completed training in firearms proficiency and the use of force that is appropriate for using the firearm in those circumstances; and

• (b) the firearm is appropriate in those circumstances.

Renewal

4.1 For the purposes of subsections 67(1) and (1.1) of the Act, the manner in which an authorization to carry is renewed in the same as the manner in which it can be issued.

Number of Firearms

5 An authorization to carry may authorize the possession of one or more restricted firearms or prohibited handguns for the purposes of section 20 of the Act.

Conditions

• 6 (1) An authorization to carry issued to an individual for the purposes of paragraph 20(a) of the Act shall have the following conditions attached to it:

  • (a) if the individual is authorized to possess more than one restricted firearm or prohibited handgun, that the individual carry not more than one of them at a time; and

  • (b) that the individual carry the restricted firearm or prohibited handgun in a holster.

• (2) An authorization to carry issued to an individual for the purposes of paragraph 20(b) of the Act shall have the conditions set out in subsection (1) and the following conditions attached to it:

  • (a) that the individual notify the chief firearm officer if the individual ceases to be employed or engaged in the lawful profession or occupation or changes employers; and

  • (b) if the individual needs the restricted firearms or prohibited handguns in the circumstances described in paragraph 3(a), that the individual wear a uniform.

Revocation

7 An individual’s authorization to carry shall be revoked if

• (a) the individual’s licence to possess any of the firearms referred to in the authorization is revoked or has expired;

• (b) the individual’s physical or mental state has deteriorated to an extent that may affect the safety of the individual or of any other person; or

• (c) it was issued for the purpose of a lawful profession or occupation and the individual ceases to be employed or engaged in the lawful profession or occupation.

Notice of Refusal or Revocation

• 8 (1) If the Commissioner or a chief firearms officer refuses to issue an authorization to carry or revokes an authorization to carry, they shall give written notice of the decision to the applicant for or holder of the authorization. The notice is to include reasons for the decision.

• (2) The Commissioner or a chief firearms officer need not disclose any information the disclosure of which could endanger the safety of any person.

• 9 (1) A notice of a decision to refuse to issue an authorization to carry is sufficiently given if the notice is addressed to the applicant for the authorization to carry at their address that is set out in the application for the authorization or, if the individual has advised the Commissioner or the chief firearms officer of a change of that address, at the new address, and it is

  • (a) sent by mail; or

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

• (2) A notice of a decision to revoke an authorization to carry is sufficiently given if the notice is addressed to the holder of the authorization at their address that is set out in the application for the authorization or, if the individual has advised the Commissioner or the chief firearms officer of a change of that address, at the new address, and the 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 electronic means that can produce a paper record.

• (3) The notice is deemed to be received

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

Coming into Force

10 These Regulations come into force on December 1, 1998.