21. For the purposes of sections 22 to 32, “transfer” means sell, barter or give.

22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual

(a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or

(b) is impaired by alcohol or a drug.

23. (1) A person may transfer a firearm if, at the time of the transfer,

(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

(b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

(c) the person informs the Registrar of the transfer;

(d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

(e) a new registration certificate for the firearm is issued in accordance with this Act; and

(f) the prescribed conditions are complied with.

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

1995, c. 39, s. 23; 2003, c. 8, s. 17.

24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.

(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if

(a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

(b) [Repealed, 2003, c. 8, s. 18]

(c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and

(d) the prescribed conditions are complied with.

1995, c. 39, s. 24; 2003, c. 8, s. 18.

25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual

(a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or

(b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.

26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.

(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

1995, c. 39, s. 26; 2003, c. 8, s. 19.

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall

( a) verify

(i) whether the transferee or individual holds a licence,

(ii) whether the transferee or individual is still eligible to hold that licence, and

(iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

(c) decide whether to approve the transfer and inform the Registrar of that decision; and

( d) take the prescribed measures.

1995, c. 39, s. 27; 2003, c. 8, s. 20.

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

(a) that the individual needs the restricted firearm or handgun

(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 or handgun 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.

1995, c. 39, s. 28; 2003, c. 8, s. 21.

29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.

(2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if

(a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and

(b) the premises of the shooting club or shooting range are located in that province.

(3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).

(4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.

(5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.

(6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.

1995, c. 39, s. 29; 2003, c. 8, s. 22(F).

30. The criteria referred to in subparagraph 28(b)(ii) are that the individual

(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;

(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and

(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.

31. (1) On being informed of a proposed transfer of a firearm, the Registrar may

(a) issue a new registration certificate for the firearm in accordance with this Act; and

(b) revoke any registration certificate for the firearm held by the transferor.

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

32. A person may transfer a firearm by mail only if

(a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; and

(b) [Repealed, 2003, c. 8, s. 24]

(c) the prescribed conditions are complied with.

1995, c. 39, s. 32; 2003, c. 8, s. 24.

33. Subject to section 34, a person may lend a firearm only if

(a) the person

(i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and

(ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or

(b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if

(a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and

(b) the prescribed conditions are complied with.

1995, c. 39, s. 34; 2003, c. 8, s. 25.

35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,

(a) the non-resident

(i) is eighteen years old or older,

(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

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

(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) 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 to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and

(a) the non-resident has not truthfully completed the prescribed form, or

(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,

the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.

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

(a) the expiration of those sixty days, and

(b) the expiration of the authorization to transport.

(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.

(3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.

37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,

(a) the non-resident

(i) declares the firearm to a customs officer, and

(ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and

(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.

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

(a) the individual

(i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and

(ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and

(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.

(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.

(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.

39. An individual may export a replica firearm if he or she declares the replica firearm to a customs officer in the prescribed manner.

40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,

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

(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;

(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,

(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,

(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,

(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and

(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and

(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.

(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) 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 to comply with those requirements.

(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.

(4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38.

(5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office.

(6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.

41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.

43. A business may export or import a firearm, prohibited weapon, restricted weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition only if the business holds an authorization to export or an authorization to import.

44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization

(a) in the case of a firearm, holds the registration certificate for the firearm;

(b) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the exportation;

(c) holds a licence authorizing it to possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;

(d) indicates the destination of those goods; and

(e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.

45. (1) A business that holds an authorization to export goods described in section 43 must produce the authorization to a customs officer at the time of the exportation.

(2) A customs officer may confirm an authorization to export.

(3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 43.

(4) A good that is detained under subsection (3) may be disposed of in the prescribed manner.

46. An authorization to import goods described in section 43 may be issued to a business only if the business that applies for such an authorization

(a) holds a licence authorizing it to acquire and possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;

(b) identifies those goods in the prescribed manner;

(c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation;

(d) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, specifies the prescribed purpose for the importation;

(e) indicates the destination in Canada of those goods; and

(f) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.

47. (1) A business that holds an authorization to import goods described in section 43 must produce the authorization at a customs office to a customs officer at the time of the importation.

(2) A customs officer may confirm an authorization to import.

(3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 43 to be exported from that customs office, in which case the goods may be exported without any other authorization.

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

48. An authorization to import a firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

49. Each exportation or importation of goods described in section 43 requires a separate authorization to export or authorization to import.

50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.

51. The Registrar shall inform 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 of every application by a business for an authorization to export or authorization to import.

52. No business shall export or import goods described in section 43 except at a customs office designated for that purpose by the Minister of National Revenue.

53. No business shall import a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition that is to be shipped in transit through Canada and exported.