AMENDMENTS NOT IN FORCE

• — 2003, c. 8, s. 23

  • 23. Subsection 31(2) of the Act is replaced by the following:

    • Transfers of firearms to the Crown, etc.

      (2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.

• — 2003, c. 8, s. 26

  • • 26. (1) Paragraphs 35(1)(a) and (b) of the Act are replaced by the following:

      • (a) the non-resident is eighteen years old or older;

      • (b) the non-resident declares the firearm to a customs officer in the prescribed manner and

        • (i) produces a report in respect of the non-resident that the non-resident has applied for and obtained before the importation from the Registrar after having provided the Registrar with the prescribed information in relation to the non-resident and the firearm proposed to be imported,

        • (ii) completes the prescribed form containing the prescribed information, or

        • (iii) satisfies the customs officer that the person has previously declared the firearm to a customs officer, that the declaration was confirmed by a customs officer and that the period provided for by subsection 36(1) in respect of that confirmed declaration has not expired;

      • (c) in the case of a restricted firearm, the non-resident holds an authorization to transport the restricted firearm; and

      • (d) a customs officer confirms the declaration referred to in paragraph (b) and the authorization to transport referred to in paragraph (c) in accordance with the regulations.

    • (2) Subsections 35(2) and (3) of the Act are replaced by the following:

      • Non-compliance

        (2) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c). If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.

• — 2003, c. 8, s. 27

  • 27. The Act is amended by adding the following after section 35:

    • Authorization for non-residents who hold a licence to import firearms

      • 35.1 (1) A non-resident who holds a licence may import a firearm that is not a prohibited firearm if, at the time of importation,

        • (a) the individual declares the firearm to a customs officer in the prescribed manner;

        • (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;

        • (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and

        • (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.

      • Authorization for non-residents who hold a licence to import firearms

        (2) A non-resident who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,

        • (a) the individual declares the firearm to a customs officer in the prescribed manner and completes the prescribed form containing the prescribed information;

        • (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;

        • (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and

        • (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met and confirms, in accordance with the regulations, the declaration referred to in paragraph (a).

      • Non-compliance

        (3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.

      • Temporary registration certificate

        (4) A declaration that is confirmed in accordance with paragraph (2)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

• — 2003, c. 8, s. 28

  • 28. Subsections 36(1) and (2) of the Act are replaced by the following:

    • Temporary licence and registration certificate

      • 36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and as a registration certificate for the firearm, for a period of

        • (a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or

        • (b) in the case of any other declaration, 60 days after the importation.

      • Non-application of subsection (1)

        (1.1) A chief firearms officer or the Registrar may declare that subsection (1) ceases to apply in respect of a particular non-resident or a particular firearm if the chief firearms officer or the Registrar, as the case may be, is of the opinion that there is any good and sufficient reason for that subsection not to apply.

      • Provisions apply

        (1.2) If a declaration is made under subsection (1.1), section 72 applies with any modifications that the circumstances require as though the declaration were a revocation.

      • Extension

        (2) A chief firearms officer may extend the period referred to in paragraph (1)(b) for a period of 60 days. Only one extension may be granted under this subsection.

• — 2003, c. 8, s. 29

  • 29. Sections 37 and 38 of the Act are replaced by the following:

    • Authorization for non-residents to export firearms

      • 37. (1) A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 if, at the time of the exportation, the non-resident

        • (a) holds, in the case of a restricted firearm, an authorization to transport the firearm; and

        • (b) has complied with the regulations relating to the exportation of firearms.

      • Non-compliance

        (2) If, at the time of the exportation, the non-resident has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.

    • Authorization for individuals to export firearms

      • 38. (1) An individual may export a firearm if, at the time of the exportation, the individual

        • (a) holds a licence to possess that kind of firearm and a registration certificate for the firearm and, in the case of a prohibited firearm or a restricted firearm, an authorization to transport the firearm; and

        • (b) has complied with the regulations relating to the exportation of firearms.

      • Non-compliance

        (2) If, at the time of the exportation, the individual has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.

• — 2003, c. 8, s. 30

  • 30. Subsections 40(1) to (3) of the Act are replaced by the following:

    • Authorization for individuals who hold a licence to import firearms

      • 40. (1) An individual who holds a licence may import a firearm that was exported in accordance with section 38 if, at the time of importation,

        • (a) the individual declares the firearm to a customs officer in the prescribed manner;

        • (b) the individual produces a licence authorizing him or her to possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;

        • (c) in the case of a prohibited firearm or restricted firearm, the individual holds an authorization to transport the prohibited firearm or restricted firearm; and

        • (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.

      • Authorization for individuals who hold a licence to import firearms

        (2) An individual who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,

        • (a) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;

        • (b) the individual declares the firearm to a customs officer in the prescribed manner and produces an authorization to import issued under section 60 in respect of the firearm;

        • (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm;

        • (d) a customs officer informs the Registrar of the importation and the Registrar approves the importation in accordance with section 40.1; and

        • (e) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (d) have been met and confirms, in accordance with the regulations, the authorization referred to in paragraph (b).

      • Non-compliance

        (3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the individual does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.

• — 2003, c. 8, s. 31

  • 31. Section 41 of the Act is replaced by the following:

    • Function of Registrar on proposed importation

      40.1 On being informed under subsection 40(2) of a proposed importation by an individual of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued, the Registrar shall

      • (a) verify whether the individual holds a licence to acquire and possess that kind of firearm;

      • (b) in the case of a restricted firearm, verify the purpose for which the individual wishes to acquire it and determine whether it is appropriate for that purpose;

      • (c) decide whether to approve the importation; and

      • (d) take the prescribed measures.

    • Permitted purposes

      40.2 The Registrar may approve the importation of a restricted firearm by an individual only if the Registrar is satisfied

      • (a) that the individual needs the restricted firearm

        • (i) to protect the life of that individual or of other individuals, or

        • (ii) for use in connection with his or her lawful profession or occupation; or

      • (b) that the purpose for which the individual wishes to acquire the restricted firearm is

        • (i) for use in target practice, or 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, or

        • (ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.

    • Temporary registration certificate

      41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for the firearm until a registration certificate is issued for the firearm.

• — 2003, c. 8, s. 32, as amended by 2005, c. 38, par. 139(c)

  • 32. The Act is amended by adding the following after section 42:

    • Notification by Registrar

      42.1 The Registrar shall inform the Canada Border Services Agency without delay of every report made by the Registrar in respect of applications referred to in subparagraph 35(1)(b)(i).

• — 2003, c. 8, s. 33

  • 33. Subsection 47(4) of the Act is replaced by the following:

    • Disposal

      (4) Goods that are not exported under subsection (3) within 90 days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.

• — 2003, c. 8, s. 34

  • 34. Section 49 of the Act is renumbered as subsection 49(1) and is amended by adding the following:

    • Exception

      (2) Subsection (1) does not apply in respect of the exportation of goods authorized by a permit issued under the Export and Import Permits Act that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export.

• — 2003, c. 8, s. 35

  • 35. Sections 50 and 51 of the Act are replaced by the following:

    • Notification of Registrar

      50. A customs officer shall inform the Registrar without delay of the exportation or importation by a business of any firearms and any prescribed prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms.

    • Notification by Minister responsible for the Export and Import Permits Act

      51. The member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act shall inform the Registrar of every application under that Act for a permit to export in relation to a firearm.

• — 2003, c. 8, s. 37

  • 37. The Act is amended by adding the following after section 55:

    • Further information

      • 55.1 (1) The Registrar may require a non-resident who applies for a report referred to in subparagraph 35(1)(b)(i) to submit any information, in addition to that included in the application, that may reasonably be regarded as relevant for the purpose of preparing the report.

      • Investigation

        (2) Without restricting the scope of the inquiries that may be made with respect to an application for the report, the Registrar may conduct any investigation of the applicant that the Registrar considers necessary.

• — Subsections 64(5) and (6), as enacted by 2003, c. 8, s. 40(2)

  •  

    • Extension of term

      (5) Despite subsection (3), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to two years.

    • Extension of term

      (6) Despite subsection (4), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to four years.

• — 2003, c. 8, s. 51

  • 51. Section 97 of the Act is replaced by the following:

    • Exemptions — Governor in Council

      • 97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

      • Exemptions — federal Minister

        (2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

      • Exemptions — provincial minister

        (3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

      • Public safety

        (4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

      • Conditions

        (5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

• — 2012, c. 6, ss. 30(1) to (3), (5), (7), (8)

  • 2003, c. 8

    • 30. (1) In this section, “other Act” means An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003.

    • (2) On the first day on which both section 27 of the other Act and section 16 of this Act are in force, paragraph 35.1(1)(b) of the Firearms Act is replaced by the following:

      • (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and, in the case of a restricted firearm, satisfies the customs officer that the individual holds a registration certificate for the firearm;

    • (3) On the first day on which both section 28 of the other Act and section 16 of this Act are in force, subsection 36(1) of the Firearms Act is replaced by the following:

      • Temporary licence and registration certificate

        • 36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until

          • (a) the expiry of 60 days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or

          • (b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.

    • (5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:

      • (a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

    • (7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:

      • (b) the individual produces a licence authorizing him or her to possess that kind of firearm;

      • (c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and

    • (8) On the first day on which both section 31 of the other Act and section 17 of this Act are in force, section 41 of the Firearms Act is replaced by the following:

      • Temporary registration certificate

        41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for a restricted firearm until a registration certificate is issued for it.