- 5 - CONDITIONS OF TRANSFERRING FIREARMS AND OTHER WEAPONS REGULATIONS interpretation 1. The definition in this section applies in these Regulations. "Act" means the Firearms Act. (Loi) TRANSFERS OF FIREARMS Conditions 2. (1) For the purposes of paragraph 23(e) of the Act, a transferor must comply with the following conditions to transfer a firearm: (a) the transferor must provide the chief firearms officer with the names and addresses of the transferor and the transferee, as well as their licence numbers or, until January 1, 2001, firearms acquisition certificate numbers, where a firearms acquisition certificate is deemed to be a licence under section 120 of the Act; and (b) the transferor must inform the chief firearms officer whether the firearm is a restricted firearm, a prohibited firearm or a firearm that is neither a prohibited firearm nor a restricted firearm. (2) For the purposes of paragraph 23(e) of the Act, the transferee must comply with the following conditions to transfer a firearm: (a) where the transferee is an individual and the firearm is a restricted firearm or a handgun referred to in subsection 12(6) of the Act, the transferee must inform the chief firearms officer of the transferee's reasons (i) for needing the restricted firearm or handgun (A) to protect the life of that individual or of other individuals, or (B) for use in connection with his or her lawful profession or occupation, or (ii) for wishing to acquire the restricted firearm or handgun (A) for use in target practice, in a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29 of the Act, or (B) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30 of the Act; (b) where the transferee wishes to acquire a restricted firearm or a handgun referred to in subsection 12(6) of the Act to form part of a gun collection of the transferee, the transferee must provide the chief firearms officer with (i) information regarding the transferee's knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses, (ii) the transferee's signed consent to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept, and (iii) details of the transferee's understanding of the requirements set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations respecting the secure storage of restricted firearms or handguns; and (c) where the firearm is a prohibited firearm described in one of subsections 12(2) to (6) or (8) of the Act, the transferee must provide the chief firearms officer with the number of a registration certificate issued to the transferee for a prohibited firearm that falls within the description of such a firearm. Conditions Precedent Before Authorizing a Transfer 3. Before authorizing the transfer of a firearm, the chief firearms officer must determine that it would not be contrary to the interests of the safety of the transferee or any other person to transfer the firearm. Notification of Approval 4. On authorizing the transfer of a firearm, the chief firearms officer shall issue a unique transfer authorization number to the transferor and the transferee. Protection of Life 5. For the purpose of section 28 of the Act, the circumstances in which an individual needs restricted firearms or handguns referred to in subsection 12(6) of the Act 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 handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm. Lawful Profession or Occupation 6. For the purpose of section 28 of the Act, the circumstances in which an individual needs restricted firearms or handguns referred to in subsection 12(6) of the Act 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 money, negotiable instruments or other goods of substantial value, and firearms are required to protect 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. TRANSFERS OF PROHIBITED WEAPONS, PROHIBITED DEVICES, AMMUNITION AND PROHIBITED AMMUNITION Conditions 7. For the purposes of paragraph 24(2)(d) of the Act, a transferor must comply with the following conditions to transfer a prohibited weapon, a prohibited device, ammunition or prohibited ammunition: (a) the transferor must provide the chief firearms officer with the names and addresses of the transferor and the transferee, as well as their licence numbers; (b) the transferor must provide the chief firearms officer with a description that is sufficiently detailed to identify the goods in accordance with the applicable definitions in subsection 84(1) of the Criminal Code; (c) in the case of the transfer of a prohibited weapon, a prohibited device or prohibited ammunition, the transferor must advise the chief firearms officer of the purpose that is set out in section 21 of the Firearms Licences Regulations for which the business needs to possess the prohibited weapon, prohibited device or prohibited ammunition; and (d) where more than one item is being transferred at one time, the transferor must inform the chief firearms officer of the quantity of that type of item that is being transferred at that time. Notification of Approval 8. For the purposes of paragraph 24(2)(d) of the Act, on authorizing the transfer of a prohibited weapon, a prohibited device, ammunition or prohibited ammunition, the chief firearms officer shall issue a unique transfer authorization number to the transferor and the transferee. TRANSFERS TO HER MAJESTY OR A POLICE FORCE Transfers of Firearms 9. For the purposes of subsection 26(1) of the Act, a transferor must comply with the following conditions to transfer a firearm to Her Majesty in right of Canada or a province or to a police force: (a) the transferor must provide the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force with the name and address of the transferor, as well as the transferor's licence number or, until January 1, 2001, firearms acquisition certificate number, where a firearms acquisition certificate is deemed to be a licence under section 120 of the Act; (b) the transferor must provide the person referred to in paragraph (a) with the registration certificate for the firearm; and (c) the transferor must obtain a receipt from the person referred to in paragraph (a) identifying the date of the transfer and describing the firearm transferred. Transfers of Prohibited Weapons, Restricted Weapons, Prohibited Devices, Ammunition and Prohibited Ammunition 10. For the purposes of subsection 26(2) of the Act, to transfer a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force, a transferor must obtain a receipt from the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force identifying the date of the transfer and describing the property transferred. TRANSFERS BY MAIL 11. For the purposes of section 32 of the Act, before transferring a firearm by mail, a transferor must obtain all copies of registration certificates and authorizations that the Act requires for the transfer to occur. TRANSITIONAL PROVISION 12. (1) For the purposes of paragraphs 2(1)(a), 7(a) and 9(a), until January 1, 2001, a transferor who does not hold a licence or a firearms acquisition certificate as described in those paragraphs is deemed to hold such a licence or firearms acquisition certificate and is deemed to have complied with the requirement in those paragraphs to provide the transferor's licence or firearms acquisition certificate number. (2) For the purposes of paragraph 9(b), until January 1, 2003, a transferor who does not hold a registration certificate is deemed to hold such a certificate and is deemed to have complied with the requirement in that paragraph to provide the transferor's registration certificate number.