Importation and Exportation of Firearms Regulations (Individuals)

Contents

Whereas, pursuant to section 118 of the Firearms Act, the Minister of Justice had a copy of the proposed Importation and Exportation of Firearms Regulations (Individuals), 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;^noteTherefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 35 and 37 to 40 and paragraph 117(w) of the Firearms Act, hereby makes the annexed Importation and Exportation of Firearms Regulations (Individuals).

Interpretation

1 #

The definitions in this section apply in these Regulations.

Act means the Firearms Act. (Loi)

in writing includes any communication made by electronic means capable of producing a paper record. (par écrit)

non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

orally means any communication carried out in person, by telephone, or by any other means of oral communication. (de vive voix)

Importation of Firearms — Non-Residents

2 #

(1)For the purposes of paragraph 35(1)(b) of the Act, a nonresident who imports a firearm shall declare it in writing.

(2)Despite subsection (1), the declaration may be made orally if the non-resident satisfies the requirements of subparagraph 35(1)(b)(iii) of the Act.

2.1 #

For the purposes of subparagraph 35(1)(b)(i) of the Act, the information that a non-resident who is importing firearms is to provide to the Registrar is the following:

(a)their name and address;

(b)their date of birth;

(c)their gender;

(d)the reasons for importing the firearms;

(e)the number of firearms being imported; and

(f)in respect of each firearm that the non-resident is importing,

(i)the destination of the firearm in Canada,

(ii)whether the firearm is a frame or receiver only,

(iii)the make,

(iv)the name of the manufacturer if different from the make,

(v)the model,

(vi)the serial number, if any,

(vii)the type,

(viii)the action,

(ix)the calibre or gauge,

(x)the quantity of ammunition that the cartridge magazine can contain, and

(xi)the barrel length.

^note

2.2 #

(1)A report from the Registrar referred to in subparagraph 35(1)(b)(i) of the Act expires six months after it is sent.

(2)The report is sufficiently sent if it is addressed to the nonresident at their address that is set out in the report or, if the individual has advised the Registrar of a change of that address, at the new address, and if the report is

(a)sent by mail; or

(b)transmitted by electronic means that can produce a paper record.

^note

2.3 #

For the purposes of paragraph 35.1(1)(a) of the Act, a nonresident who imports a firearm shall declare it orally.^note

2.4 #

For the purposes of paragraph 35.1(2)(a) of the Act, a nonresident who imports a firearm shall declare it in writing.^note

3 #

In regulation 2 (Interpretation)—

(1)For the purposes of paragraph 35(1)(d) of the Act, a customs officer confirms a declaration and an authorization to transport by providing the non-resident with a confirmation number either in writing or orally.

(2)Despite subsection (1), a customs officer confirms a declaration and an authorization to transport if the conditions set out in subparagraph 35(1)(b)(iii) of the Act apply by stamping those documents with the date that the firearm was imported.

3.1 #

For the purposes of paragraph 35.1(2)(d) of the Act, a customs officer confirms a declaration by providing the non-resident with a confirmation number in writing.^note

Exportation of Firearms — Non-Residents

4 #

In regulation 6(1)(a) (Competent Control Authority) there shall be added at the end the words “ and the requirements and standards set out in paragraph 9B of the Schedule ”.

(1)A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 of the Act if, in addition to meeting the requirement of paragraph 37(1)(a) of the Act, at the time of importation the non-resident provided a customs officer with the date that the non-resident intended to export the firearm.

(2)If the non-resident knows that the firearm is going to be exported after the date that he or she provided, the non-resident shall advise the Registrar, on or before the date that the firearm was initially intended to be exported, of that fact and of the date that the firearm will be exported, if known. If the date is not known, the non-resident shall advise the Registrar of that date, without delay, after it becomes known.

Deemed Authorizations

5 #

Permits to export firearms that are issued to individuals under section 7 of the Export and Import Permits Act are deemed to be authorizations to export for the purposes of the Act.^note

Disposal of Detained Firearms

6 #

For the purposes of subsections 35(2), 35.1(3) and 37(2) of the Act, a customs officer shall dispose of a detained firearm in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.^note

Exportation of Firearms — Licensed Individuals

7 #

An individual who meets the requirements of paragraph 38(1)(a) of the Act shall, before exporting a firearm that he or she does not intend to reimport, provide a customs officer with an authorization to export issued to the individual for the firearm.^note

8 #

[Repealed, SOR/2004-270, s. 4] (repealed)

Disposal of Detained Firearms

9 #

For the purposes of subsection 38(2) of the Act, a customs officer shall dispose of a detained firearm in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.^note

Exportation of Replica Firearms

10 #

(1)For the purposes of section 39 of the Act, an individual shall declare a replica firearm that they are exporting either in writing or orally.

(2)The individual shall declare a replica firearm by providing the following information:

(a)the individual’s name, address and telephone number; and

(b)a description of each type of replica firearm and the quantity being exported.

Importation of Firearms — Licensed Individuals

11 #

For the purposes of paragraphs 40(1)(a) and (2)(b) of the Act, an individual who imports a firearm shall declare it orally.^note

12 #

[Repealed, SOR/2004-270, s. 6] (repealed)

Confirmation of Importation — Individuals

13 #

For the purposes of paragraph 40(2)(e) of the Act, a customs officer confirms the authorization to import referred to in paragraph 40(2)(b) of the Act by providing the individual with a confirmation number in writing.^note

Disposal of Detained or Forfeited Firearms

14 #

For the purposes of subsections 40(3) and (6) of the Act, a customs officer shall dispose of a detained or forfeited firearm in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.^note

Parts and Components

14.1 #

(1)No individual shall import a cylinder, slide, bolt, breech-block or barrel of a firearm unless the individual has been authorized in writing to do so by the Registrar.

(2)For the purposes of these Regulations, the provisions of the Act and of these Regulations that apply to an authorization to import also apply, with any modifications that the circumstances require, to an authorization referred to in subsection (1).

^note

Offence

14.2 #

For the purpose of paragraph 117(o) of the Act, it is an offence to contravene subsection 14.1(1).^note

Coming into Force

*15 #

(1)Subject to subsection (2), these Regulations come into force on the day on which section 26 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003 comes into force.

(2)Sections 1 to 3 and 6 come into force on January 1, 2001.

^note

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.