Seizure Agent and Provider Licensing Regulation

(no amdt) ALBERTA REGULATION 92/2023 Alberta Firearms Act SEIZURE AGENT AND PROVIDER LICENSING REGULATION Table of Contents 1 Definitions 2 Acting as or providing seizure agents 3 Application for licence 4 Issuance or renewal of seizure agent licence 5 Issuance or renewal of provider licence 6 Term of licence 7 Terms and conditions 8 Amendment, suspension or cancellation of licence 9 Notice of decision 10 Response to notice 11 Expiry 12 Coming into force Definitions 1 (1) For the purposes of the Act and this Regulation, “seizure agent” means an individual who (a) is employed or engaged for services by the holder of a provider licence to act as a seizure agent, or (b) acts as a seizure agent in the individual’s personal capacity but does not include the Chief Firearms Officer or a firearms officer. (2) In this Regulation, (a) “prohibited ammunition” means prohibited ammunition as defined in section 84 of the Criminal Code (Canada); (b) “prohibited firearm” means a prohibited firearm as defined in section 84 of the Criminal Code (Canada); (c) “provider licence” means a licence referred to in section 8(1)(b) of the Act; (d) “restricted firearm” means a restricted firearm as defined in section 84 of the Criminal Code (Canada); (e) “seizure agent licence” means a licence referred to in section 8(1)(a) of the Act. Acting as or providing seizure agents 2 (1) An individual acts as a seizure agent when engaging in the following activities under or for the purposes of a specified enactment: (a) seizing, collecting or taking possession of restricted firearms, prohibited firearms or prohibited ammunition; (b) accepting the voluntary surrender of restricted firearms, prohibited firearms or prohibited ammunition; (c) tracking or keeping records with respect to restricted firearms, prohibited firearms or prohibited ammunition; (d) storing restricted firearms, prohibited firearms or prohibited ammunition; (e) destroying or deactivating restricted firearms, prohibited firearms or prohibited ammunition. (2) A person or organization engages in the business of providing seizure agents when that person or organization employs or otherwise engages the services of an individual to act as a seizure agent. Application for licence 3 (1) An applicant may apply to the Minister for (a) a seizure agent licence or the renewal of a seizure agent licence, or (b) a provider licence or the renewal of a provider licence. (2) An application under subsection (1)(a) or (b) must (a) be in the form approved by the Minister, (b) contain the information and documents required by the Minister, and (c) include the application fee. (3) The application fee for (a) a seizure agent licence or the renewal of a seizure agent licence is $100, and (b) a provider licence or the renewal of a provider licence is $1300. Issuance or renewal of seizure agent licence 4 (1) The Minister may issue or renew a seizure agent licence if (a) the applicant is 18 years of age or older, (b) the applicant holds a valid licence issued under the Firearms Act (Canada) under which the applicant may possess and acquire restricted firearms, (c) the results of any criminal record check, police information check or vulnerable sector check required by the Minister are satisfactory to the Minister, (d) the applicant has completed any training required by the Minister, (e) the applicant holds a general liability insurance policy in respect of the applicant’s activities as a seizure agent in the amount required by the Minister, and (f) the Minister is satisfied that the applicant has complied with section 3(2). (2) Notwithstanding subsection (1), the Minister may refuse to issue or renew a seizure agent licence if (a) the Minister is of the opinion that the applicant made a material misstatement in an application made under section 3, (b) the applicant has contravened or failed to comply with the Act, any regulations made under the Act or any terms and conditions imposed on the licence, (c) the applicant has been convicted of an offence under an enactment of Alberta or Canada, or (d) the Minister is of the opinion that it is not in the public interest to issue or renew the licence. Issuance or renewal of provider licence 5 (1) The Minister may issue or renew a provider licence if (a) the applicant holds, if the applicant is a business as defined in the Firearms Act (Canada), (i) in respect of each location where the applicant intends to store firearms, a valid licence for a business issued by the Chief Firearms Officer under the Firearms Act (Canada) under which the applicant may possess and acquire prohibited firearms and restricted firearms, and (ii) in respect of each location where the applicant intends to destroy or deactivate firearms, a valid licence for a business issued by the Chief Firearms Officer under the Firearms Act (Canada) under which the applicant may possess, acquire, destroy and deactivate prohibited firearms and restricted firearms, (b) the applicant holds a general liability insurance policy in respect of the applicant’s activities or business providing seizure agents in the amount required by the Minister, and (c) the Minister is satisfied that the applicant has complied with section 3(2). (2) Notwithstanding subsection (1), the Minister may refuse to issue or renew a provider licence if (a) the Minister is of the opinion that the applicant made a material misstatement in an application made under section 3, (b) the applicant or any officer, director, agent or employee of the applicant has contravened or failed to comply with the Act, any regulations made under the Act or any terms and conditions imposed on a licence, (c) the applicant or any officer, director, agent or employee of the applicant has been convicted of an offence under an enactment of Alberta or Canada, or (d) the Minister is of the opinion that it is not in the public interest to issue or renew the licence. Term of licence 6 A licence may be issued or renewed for a term of up to 2 years. Terms and conditions 7 The Minister may impose any reasonable terms and conditions on a licence that the Minister considers desirable in the particular circumstances and in the interests of the safety of any person. Amendment, suspension or cancellation of licence 8 (1) Subject to subsection (2), the Minister may amend, suspend or cancel a licence (a) if the Minister is satisfied that the licensee (i) made a material misstatement in an application made under section 3, (ii) has committed acts of misrepresentation, fraud or dishonesty relating to the activities or business with respect to which the licence was issued, or (iii) is no longer a fit or proper person to carry out the activities or business with respect to which the licence was issued, or (b) on any grounds on which the Minister may refuse to issue or renew a licence under section 4(2) or 5(2). (2) The Minister shall not amend, suspend or cancel a licence under subsection (1) before the licensee has had the opportunity to respond to the Minister’s decision under section 10(1). (3) Notwithstanding subsection (2), the Minister may amend, suspend or cancel a licence before the licensee has an opportunity to respond to the Minister’s decision under section 10(1) if the Minister is of the opinion that it is in the public interest to do so. Notice of decision 9 (1) The Minister shall give notice of a decision to an applicant, a licensee or a former licensee, as the case may be, where the Minister (a) refuses to issue or renew a licence under section 4(2) or 5(2), (b) intends to amend, suspend or cancel a licence under section 8(1), (c) amends, suspends or cancels a licence under section 8(3) or 10(3), or (d) makes a decision under section 10(2). (2) Notice of a decision referred to in subsection (1) must (a) be in writing, (b) include the reasons for the decision, and (c) specify the date by which the applicant, licensee or former licensee may respond to the notice. Response to notice 10 (1) An applicant, a licensee or a former licensee who receives notice of a decision under section 9 may respond to the Minister in writing within 30 days after receiving the notice. (2) On receiving a response under subsection (1), the Minister may (a) confirm the decision, (b) vary the decision, (c) impose terms and conditions on the licence, (d) vary the existing terms and conditions on the licence, or (e) reinstate the licence, if the decision was to suspend or cancel the licence. (3) If no response is received by the Minister under subsection (1) with respect to a decision where the Minister intends to amend, suspend or cancel a licence under section 8(1), the Minister may amend, suspend or cancel the licence, as the case may be, at the expiry of the 30‑day period referred to in subsection (1). Expiry 11 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2028. Coming into force 12 This Regulation comes into force on the coming into force of Part 2 of the Alberta Firearms Act .