An Act to amend the Criminal Code (firearms) and the Firearms Act (S.C. 2003, c. 8)
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Assented to 2003-05-13
1995, c. 39FIREARMS ACT
28. Subsections 36(1) and (2) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
29. Sections 37 and 38 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
30. Subsections 40(1) to (3) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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).
Marginal note: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.
31. Section 41 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
32. The Act is amended by adding the following after section 42:
Marginal note:Notification by Registrar
42.1 The Registrar shall inform the Canada Customs and Revenue Agency without delay of every report made by the Registrar in respect of applications referred to in subparagraph 35(1)(b)(i).
33. Subsection 47(4) of the Act is replaced by the following:
Marginal note: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.
34. Section 49 of the Act is renumbered as subsection 49(1) and is amended by adding the following:
Marginal note: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.
35. Sections 50 and 51 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
36. Subsection 54(1) of the Act is replaced by the following:
Marginal note:Applications
54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.
37. The Act is amended by adding the following after section 55:
Marginal note: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.
Marginal note: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.
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