- 2 - AUTHORIZATION TO EXPORT OR IMPORT FIREARMS REGULATIONS (BUSINESSES) INTERPRETATION 1. The definition in this section applies in these Regulations. "Act" means the Firearms Act. (Loi) PART I AUTHORIZATION TO EXPORT Purposes of Exportation for Prohibited Goods 2. For the purposes of paragraph 44(b) of the Act, any of the purposes described in section 21 of the Firearms Licences Regulations is a prescribed purpose for the exportation of goods described in that paragraph. Information to be Provided to the Registrar 3. (1) For the purposes of paragraph 44(e) of the Act, a business that applies for an authorization to export goods described in section 43 of the Act shall provide the Registrar with the following information: (a) the quantity of each type of goods; (b) a description of the goods that is sufficiently detailed to permit them to be identified in accordance with any definitions set out in section 84 of the Criminal Code that are applicable; (c) if known, the name of the country that is the final destination of the goods and the name of any country in which the goods stop over; (d) the name and address of the consignee of the goods; (e) the name and address of the business that is making the application for an authorization to export the goods; (f) the number and expiration date of the licence referred to in paragraph 44(c) of the Act; (g) where applicable, the permit number and the expiration date of the export permit issued to the business pursuant to the Export and Import Permits Act; (h) the proposed date of export of the goods; (i) the customs office, designated by the Minister of National Revenue under section 52 of the Act, from which the goods are to be exported; (j) the name and licence number of the carrier; and (k) whether the goods will be imported back to Canada. (2) Where the application is in respect of a firearm, the following information shall be provided in addition to the information referred to in subsection (1): (a) if known, the make, model, type, action, calibre and barrel length of the firearm; and (b) subject to subsection (3), the serial number or, where no serial number exists, the firearms identification number assigned by the Registrar at the time of registration. (3) Where a serial number for a firearm exists but is not available at the time the application is made, the business may make the application without providing the serial number and the Registrar shall attach to an authorization issued in respect of that firearm the condition that the business provide the serial number to the Registrar before the export of the firearm. Mandatory Conditions 4. Where a business applies for an authorization to export goods described in section 43 of the Act, the Registrar shall attach to an authorization issued in respect of those goods the condition that the goods be identified by marking the quantity of each type of goods and the following information in a machine- readable form on the outer packaging of the goods: (a) in the case of firearms, (i) a description that is sufficiently detailed to permit the firearms to be identified in accordance with the definitions set out in section 84 of the Criminal Code, (ii) if known, the make and model, and (ii) the serial number or, where no serial number exists, the firearms identification number assigned by the Registrar at the time of registration; (b) in any other case, a description that is sufficiently detailed to permit the goods to be identified in accordance with any definitions set out in section 84 of the Criminal Code that are applicable. Disposal of Detained Goods 5. (1) For the purposes of subsection 45(4) of the Act, a customs officer shall dispose of goods detained under subsection 45(3) of the Act in the following manner: (a) release the goods to the business that made the application for the authorization to export if the business pays to Her Majesty in right of Canada any costs incurred by Her Majesty for the storage of those goods; (b) give the goods to the Royal Canadian Mounted Police or the chief firearms officer of the province in which the goods are detained for the use of the Royal Canadian Mounted Police or the chief firearms officer or for any other legitimate purpose other than sale; or (c) have the goods destroyed. (2) Before disposing of goods, a customs officer shall advise the Registrar of the goods that were detained and the manner in which those goods are to be disposed. PART II AUTHORIZATION TO IMPORT Purposes of Importation for Prohibited Goods 6. For the purposes of paragraph 46(d) of the Act, any of the purposes described in section 21 of the Firearms Licences Regulations is a prescribed purpose for the importation of goods described in that paragraph. Information Provided to the Registrar 7. (1) For the purposes of paragraph 46(f) of the Act, a business that applies for an authorization to import goods described in section 43 of the Act shall provide the Registrar with the following information: (a) the quantity of each type of goods; (b) a description of the goods that is sufficiently detailed to permit them to be identified in accordance with any definitions set out in section 84 of the Criminal Code that are applicable; (c) the name of the country from which the goods are imported; (d) the name and address of any place in Canada in which the goods stop over and of the consignee of the goods in Canada; (e) where the goods are in transit through Canada, the name and address of the final destination of the goods outside Canada; (f) the name and address of the business that is making the application for an authorization to import the goods; (g) the number and the expiration date of the licence referred to in paragraph 46(a) of the Act; (h) the proposed date of import of the goods; (i) the customs office, designated by the Minister of National Revenue under section 52 of the Act, where the goods are to be imported; and (j) the name and licence number of the carrier. (2) Where the application is in respect of a firearm, the following information shall be provided in addition to the information referred to in subsection (1): (a) if known, the make, model, type, action, calibre and barrel length of the firearm; and (b) subject to subsection (3), the serial number or, where no serial number exists, the firearms identification number assigned by the Registrar at the time of registration. (3) Where a serial number for a firearm exists but is not available at the time the application is made, the business may make the application without providing the serial number and the Registrar shall attach to an authorization issued in respect of that firearm the condition that the business provide the serial number to the Registrar before the import of the firearm. Mandatory Conditions 8. Where a business applies for an authorization to import goods described in section 43 of the Act, the Registrar shall attach to an authorization issued in respect of those goods the condition that the goods be identified by marking the quantity of each type of goods in the package and the following information in a machine-readable form on the outer packaging of the goods: (a) in the case of firearms, (i) a description that is sufficiently detailed to permit the firearms to be identified in accordance with the definitions set out in section 84 of the Criminal Code, (ii) if known, the make and model, and (iii) the serial number or, where no serial number exists, the firearms identification number assigned by the Registrar at the time of registration; and (b) in any other case, a description that is sufficiently detailed to permit the goods to be identified in accordance with any definitions set out in section 84 of the Criminal Code that are applicable. Disposal of Forfeited Goods 9. (1) For the purposes of subsection 47(4) of the Act, a customs officer shall dispose of goods forfeited under that subsection in the following manner: (a) give the goods to the Royal Canadian Mounted Police or the chief firearms officer of the province in which the goods are forfeited for the use of the Royal Canadian Mounted Police or the chief firearms officer or for any other legitimate purpose other than sale; or (b) have the goods destroyed. (2) Before disposing of goods, a customs officer shall advise the Registrar of the goods that were forfeited and the manner in which those goods are to be disposed. PART III GENERAL Notice of Refusal or Revocation 10. (1) A notice of a decision to refuse to issue an authorization to export or import goods or to revoke such an authorization is sufficiently given if the notice is addressed to the last known address of the business that applied for or is the holder of the authorization and the notice is, as the case may be, (a) delivered personally during normal business hours of the business; (b) sent by registered or certified mail; (c) transmitted by electronic means that can produce a paper record; or (d) in the case of a notice of a decision to revoke, delivered personally to the person who produces the authorization at the customs office. (2) The notice is deemed to be received (a) on the day of delivery, if it is delivered personally; (b) on the fifth working day, excluding Saturdays and holidays, after the postmark date, if it is mailed; and (c) on the day of transmission, if it is sent by electronic means. Revocation of Authorizations 11. The Registrar may revoke an authorization for the export or import of goods at any time before the authorization is confirmed by a customs officer pursuant to subsection 45(2) or 47(2) of the Act. 12. The Registrar shall revoke an authorization, issued to a business, for the export or import of goods before the goods are exported or imported, as the case may be, if the Registrar has reason to believe that the licences referred to in paragraphs 3(1)(f) and 7(1)(g) or the permit referred to in paragraph 3(1)(g) are no longer valid. Notice of Refusal to Confirm Authorization 13. Where a customs officer refuses to confirm an authorization to export or import under subsections 45(2) or 47(2) of the Act, the customs officer shall notify, in writing, the business and the Registrar of the reasons for the refusal and, where the goods are detained under subsection 45(3) of the Act, the reasons for detaining the goods.