LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS

Applications

Applications

54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees.

To whom made

(2) An application for a licence, registration certificate or authorization must be made to

    (a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or

    (b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

Pre-commenc ement restricted firearms and handguns

(3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

    (a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

    (b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.

Further information

55. (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.

Investigation

(2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse, former spouse, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.

Issuance

Licences

56. (1) A chief firearms officer is responsible for issuing licences.

Only one licence per individual

(2) Only one licence may be issued to any one individual.

Separate licence for each location

(3) A business other than a carrier requires a separate licence for each place where the business is carried on.

Authorization s to carry or transport

57. A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport.

Conditions

58. (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.

Minors

(2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual.

Minors

(3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it.

Different registered owner

59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.

Registration certificates and authorizations to export or import

60. The Registrar is responsible for issuing registration certificates for firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.

Form

61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it.

Form of authorizations

(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it.

Condition attached to licence

(3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.

Businesses

(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.

Not transferable

62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

Geographical extent

63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.

Intraprovincia l carriers

(2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued.

Authorization s to carry

(3) Authorizations to carry are not valid outside the province in which they are issued.

Term

Term of licences

64. (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of

    (a) five years after the birthday of the holder next following the day on which it is issued, and

    (b) the expiration of the period for which it is expressed to be issued.

Minors

(2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of

    (a) the day on which the holder attains the age of eighteen years, and

    (b) the expiration of the period for which it is expressed to be issued.

Businesses other than museums

(3) A licence that is issued to a business other than a museum expires on the earlier of

    (a) one year after the day on which it is issued, and

    (b) the expiration of the period for which it is expressed to be issued.

Museums

(4) A licence that is issued to a museum expires on the earlier of

    (a) three years after the day on which it is issued, and

    (b) the expiration of the period for which it is expressed to be issued.

Term of authorizations

65. (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.

Authorization s to transport

(2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of

    (a) the expiration of the period for which the condition is expressed to be attached, and

    (b) the expiration of the licence.

Authorization s to transport

(3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires

    (a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of

      (i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and

      (ii) the expiration of the licence; and

    (b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years.

Authorization s to carry

(4) An authorization to carry expires

    (a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of

      (i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and

      (ii) the expiration of the licence; and

    (b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.

Term of registration certificates

66. A registration certificate for a firearm expires where

    (a) the holder of the registration certificate ceases to be the owner of the firearm; or

    (b) the firearm ceases to be a firearm.

Renewal

67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued.

Restricted firearms and pre-February 14, 1995 handguns

(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for

    (a) the purpose described in section 27 for which the individual acquired the restricted firearms or handguns; or

    (b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application.

Registrar

(3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) that are possessed by an individual are not being used for that purpose shall

    (a) give notice of that decision in the prescribed form to the individual; and

    (b) inform the Registrar of that decision.

Relics

(4) Subsections (2) and (3) do not apply to a firearm

    (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir;

    (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir;

    (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and

    (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act.

Material to accompany notice

(5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.

Refusal to Issue and Revocation

Licences and authorizations

68. A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Registration certificates

69. The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Revocation of licence or authorization

70. (1) A chief firearms officer who issues a licence, authorization to carry or authorization to transport may revoke it for any good and sufficient reason including, without limiting the generality of the foregoing,

    (a) where the holder of the licence or authorization

      (i) is no longer or never was eligible to hold the licence or authorization,

      (ii) contravenes any condition attached to the licence or authorization, or

      (iii) has been convicted or discharged under section 736 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or

    (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 736 of the Criminal Code of any such offence.

Registrar

(2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

Revocation of registration certificate

71. (1) The Registrar

    (a) may revoke a registration certificate for any good and sufficient reason; and

    (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for

      (i) the purpose for which the individual acquired it, or

      (ii) in the case of a firearm possessed by the individual on the commencement day, the purpose specified by the individual in the licence application.

Automatic revocation of registration certificate

(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

Notice of refusal to issue or revocation

72. (1) Where a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

Material to accompany notice

(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.