Difference between revisions of "Text of Statutory Orders and Regulations 98-207"

Latest revision as of 15:58, 15 March 2013

Note: This article deals only with the explicit text of SOR/98-207, a Canadian law. For information on its political implications and other aspects, see SOR/98-207

The following is the text of the English version of Statutory Orders and Regulations 98-207, more commonly known as SOR/98-207. All information contained in this article regarding the specific text was obtained from the Canadian Legal Information Institute^[1] on August 13, 2009 and is verified as being the version as posted between Nov 28, 2008 and Jul 28, 2009, and was last updated from the Justice Laws Web Site on 2009-07-28. Information was further verified on the same date via examination of documentation published in the Canada Gazette^[2].

[edit] Text of the regulations

Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

FIREARMS ACT

Whereas, pursuant to section 118 of the Firearms Act^[3], the Minister of Justice had a copy of the proposed Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996, 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 section 117 of the Firearms Act^[3], hereby makes the annexed Authorizations to Carry Restricted Firearms and Certain Handguns Regulations.

Registration March 24, 1998

1. The definitions in this section apply in these Regulations.

“Act” means the Firearms Act. (Loi)

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

SOR/2004-267, s. 1.

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.

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.

4. A chief firearms officer shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun that is needed in the circumstances described in section 2 or paragraph 3(a) unless the chief firearms officer determines that

(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.

SOR/2004-267, s. 2.

4.1 For the purposes of subsection 67(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.

SOR/2004-267, s. 2.

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.

6. A chief firearms officer who issues an authorization to carry shall attach to it the following conditions:

(a) if the individual is authorized to possess more than one restricted firearm or prohibited handgun for the purposes of section 20 of the Act, that the individual carry not more than one of them at a time;

(b) that the restricted firearm or prohibited handgun be carried in a holster;

(c) if the individual needs it for the purpose of a lawful profession or occupation, 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

(d) if the individual requires it for the purpose described in paragraph 3(a), that the individual wear a uniform.

7. (1) A chief firearms officer who issues an individual’s authorization to carry shall revoke it if

(a) the individual’s licence to possess any of the firearms referred to in the authorization is revoked or reaches its expiry date; or

(b) the chief firearms officer becomes aware that 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.

(2) A chief firearms officer who issues an individual’s authorization to carry for the purpose of a lawful profession or occupation shall revoke it if the individual ceases to be employed or engaged in the lawful profession or occupation.

8. (1) If a chief firearms officer decides to refuse to issue an authorization to carry or to revoke an authorization to carry, the chief firearms officer shall give notice of the decision to the applicant for or holder of the authorization to carry.

(2) The notice must include reasons for the decision.

(3) 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 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 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.

SOR/2004-267, s. 3.

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

SOR/98-471, s. 17.

[edit] Footnotes

1. ↑ Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, SOR/98-207, CanLII website
2. ↑ Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, Firearms Act, SOR/98-207, 24/3/98, Canada Gazette website
3. ↑ ^{3.0 3.1} S.C. 1995, c. 39