Firearms Registration Certificates Regulations

Firearms Registration Certificates Regulations Whereas, pursuant to section 118 of the Firearms Acta, the Minister of Justice had the proposed Firearms Registration Certificates Regulations, substantially in the annexed form, laid before each House of Parliament on October 30, 1997, which date is at least 30 sitting days before the date of this Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraph 14(b), subsection 61(1), section 72 and paragraphs 117(a), (b) and (w) of the Firearms Acta, hereby makes the annexed Firearms Registration Certificates Regulations. S.C. 1995, c. 39 The definitions in this section apply in these Regulations. Act means the Firearms Act. (Loi) approved verifier means an individual who is designated by the Registrar under section 1.2 for the purpose of verifying information under subsection 2(1). (vérificateur autorisé) class means one of the following classes of firearms, namely, prohibited firearms, restricted firearms and non-restricted firearms. (classe) commencement day firearm means a firearm that was in the lawful possession of an individual or a business in Canada on December 1, 1998. (arme à feu de la date de référence) non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions) prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée) specially imported firearm means a firearm imported on a temporary basis by a business that holds a firearms licence, as a good under tariff item No. 9993.00.00 of the List of Tariff Provisions set out in the schedule to the Customs Tariff. (arme à feu d’importation spéciale) sticker means a self-adhesive label issued by the Registrar under subsection 3(2). (étiquette) verify means the act of confirming that the information concerning the identification and classification of a firearm that is submitted to the Registrar in support of an application for a registration certificate is complete and accurate. (vérifier) For the purposes of paragraph 14(b) of the Act, the manner of describing a firearm is by referring to its make, class, type, action and calibre or gauge. The Registrar may designate an individual as an approved verifier if the individual has the required knowledge to identify and classify firearms. An application for a registration certificate shall be accompanied by evidence that the information submitted in support of the application has been verified by an approved verifier. Despite subsection (1), the application does not have to be accompanied by the evidence referred to in that subsection if the firearm has already been verified, the description of the firearm has not changed and the Registrar determines, taking into account the previous method of verification, that a new verification is unnecessary. For the purposes of subsection 54(1) of the Act, an application for a registration certificate in respect of a transfer of a firearm may, in addition to being made in the prescribed form, be made by telephone by either speaking to a person or to an interactive voice response system. For the purposes of subsection 54(1) of the Act, an application for a registration certificate by a business may, in addition to being made in the prescribed form, be made by submitting the information set out in section 2.3 on a compact disc or as an attachment to an e-mail. For the purposes of subsection 54(1) of the Act, an application for a registration certificate that is made in a manner prescribed by section 2.1 or 2.2 shall include the applicant’s name and licence number; if the applicant is a business, the name of its representative and the representative’s licence number or, if the representative does not hold a licence, date of birth; if the applicant is an individual and the firearm is a prohibited firearm or restricted firearm, the address where the firearm will be stored if different from the applicant’s residential address; if the applicant is an individual, the number of the existing registration certificate; if the applicant is a business, the number of the existing registration certificate or, if the firearm is newly manufactured, the serial number, the make, model, type, action, calibre or gauge, barrel length and the quantity of ammunition that the cartridge magazine can contain; the firearm identification number, if any; and if the applicant is an individual and the firearm is a prohibited handgun or restricted firearm, the purpose for which the firearm is being acquired. The Registrar shall indicate, on the registration certificate that is issued in respect of a firearm, the firearm identification number assigned to the firearm. If the Registrar has made a determination under section 6, and if required for the purposes of paragraph 7(2)(a), the Registrar shall issue with the registration certificate a sticker that bears the firearm identification number. Subject to section 5, the Registrar shall attach to a registration certificate that is issued in respect of a firearm the condition that the holder of the certificate shall advise the Registrar, within 30 days after the modification, of any modification to the firearm that results in a change of class of the firearm; in the case of a firearm registered as a frame or receiver only, any modification that makes it capable of discharging ammunition; any modification to an altered automatic firearm; and any modification that results in the firearm ceasing to be a firearm. Subject to section 5, the Registrar shall attach to a registration certificate that is issued in respect of a firearm the condition that when the type, action, calibre or gauge of the firearm is modified, the holder of the certificate shall advise the Registrar of the modification, if the modification is intended to be permanent, within 30 days after the modification; and if the modification is not intended to be permanent but still exists 30 days after it is made, without delay after that period. If the Registrar issues a registration certificate in respect of a firearm to a business that is the holder of a licence issued for the purposes prescribed by paragraph 22(f) of the Firearms Licences Regulations, the Registrar shall attach to the certificate the condition that the holder advise the Registrar, within 13 months after the modification, of any modification referred to in section 4, if the modification still exists one year after it is made. If the Registrar determines that a firearm does not bear a serial number sufficient to distinguish it from other firearms in accordance with paragraph 14(a) of the Act, the Registrar shall attach to the registration certificate that is issued a condition that the firearm bear its firearm identification number in accordance with sections 7 to 9, as applicable. Subsection (1) does not apply to a specially imported firearm. Subject to subsection (2), the holder of a registration certificate for a firearm that is subject to a condition under section 6 shall ensure that the firearm identification number is permanently and legibly stamped or engraved on a visible place on the firearm’s frame or receiver within 90 days after the issuance of the certificate. In the case of a commencement day firearm, the holder shall ensure that the sticker that bears the firearm identification number is attached to a visible place on the firearm’s frame or receiver within 60 days after the issuance of the certificate; or ensure that the firearm identification number is permanently and legibly stamped or engraved on a visible place on the firearm’s frame or receiver within 90 days after the issuance of the certificate. The Registrar, on application by the holder of a registration certificate, shall allow the holder to attach a sticker to, or to permanently and legibly stamp or engrave the firearm identification number on, a place on the firearms’s frame or receiver that is not visible without disassembly if so doing would be consistent with the current practices of the manufacturer of that model of firearm; the firearm does not provide a visible space suitable to attach a sticker or to stamp or engrave the firearm identification number; the firearm is rare; or the firearm is of a value that is unusually high for that type of firearm and that value would be significantly reduced if the sticker or firearm identification number were visible without disassembly. A registration certificate holder referred to in paragraph 7(2)(a) shall ensure that the sticker that bears the firearm identification number remains attached to the firearm in accordance with section 7 and that the number remains legible. The holder shall advise the Registrar without delay if the sticker bearing the firearm identification number becomes detached from the firearm or is obscured or if the number on the sticker becomes illegible. When advised under subsection (2), the Registrar shall without delay issue a new sticker bearing the identification number of the firearm and the holder shall ensure that the sticker is attached to the firearm without delay on receipt. The Registrar shall revoke a registration certificate if its holder contravenes any condition attached to it, including the conditions referred to in sections 4 to 6; or the Registrar is advised under paragraph 4(1)(a) of a modification that changes the class of the firearm or is advised under paragraph 4(1)(b) or subsection 4(2) of a modification referred to in either of those provisions. A notice of a decision to refuse to issue a registration certificate or to revoke one is sufficiently given if it is addressed to the applicant or holder at the address given in the application or to another address of which the Registrar has been advised and if the notice is personally delivered in the case of an individual, at any time that is reasonable in the circumstances, and in the case of a business, during normal business hours; sent by registered mail or by courier; or transmitted by electronic means that can produce a paper record. The notice is deemed to be received on the day of delivery, if it is personally delivered; on the fifth working day, excluding Saturdays and holidays, after the postmark date, if it is sent by mail, and after the date of shipment on the waybill, if it is sent by courier; and if it is sent by electronic means in the case of an individual, on the day of transmission, and in the case of 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. These Regulations come into force on December 1, 1998.