Canada Gazette

Whereas, pursuant to section 118 of the Firearms Act (see footnote a), the Solicitor General of Canada had the proposed Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) laid before each House of Parliament on June 13, 2003, which date is at least 30 sitting days before the date of this Order;

And whereas subsection 119(1) of the Firearms Act (see footnote b) provides that no proposed regulation that has been laid pursuant to section 118 of that Act need again be laid, whether or not it has been altered;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to sections 35 (see footnote c), 35.1 (see footnote d), 37 (see footnote e), 38 (see footnote f), 40 (see footnote g) and 117 (see footnote h) of the Firearms Act (see footnote i), hereby makes the annexed Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) and Making Consequential Amendments to other Regulations.

REGULATIONS AMENDING THE IMPORTATION
AND EXPORTATION OF FIREARMS REGULATIONS (INDIVIDUALS) AND MAKING CONSEQUENTIAL AMENDMENTS TO OTHER REGULATIONS

1. Sections 2 and 3 of the Importation and Exportation of Firearms Regulations (Individuals) (see footnote 1) are replaced by the following:

2. (1) For the purposes of paragraph 35(1)(b) of the Act, a non-resident 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:

(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.

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 non-resident 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

2.3 For the purposes of paragraph 35.1(1)(a) of the Act, a non-resident who imports a firearm shall declare it orally.

2.4 For the purposes of paragraph 35.1(2)(a) of the Act, a non-resident who imports a firearm shall declare it in writing.

3. (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.

4. (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.

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.

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.

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.

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.

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.

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.

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.

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).

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

8. Subsection 10(1) of the Firearms Licences Regulations (see footnote 2) is replaced by the following:

10. (1) This section does not apply in respect of the importation of firearms by non-residents under section 35 or 35.1 of the Act.

Authorizations to Transport Restricted Firearms
and Prohibited Firearms Regulations

9. Paragraph 1.5(a) of the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations (see footnote 3) is replaced by the following:

(a) the confirmation number of the applicant's declaration provided by a customs officer under subsection 3(1) or section 3.1 of the Importation and Exportation of Firearms Regulations (Individuals);

10. Paragraph 8(1)(b) of the Gun Shows Regulations (see footnote 4) is replaced by the following:

(b) the exhibitor either holds a licence authorizing the possession of the firearms that the exhibitor displays or has been provided with a confirmation number of his or her declaration by a customs officer under subsection 3(1) of the Importation and Exportation of Firearms Regulations (Individuals) for the firearms that the exhibitor displays.

(b) during the hours of operation of the gun show, ensure that his or her table or booth is under constant supervision by a person who is at least 18 years old and either holds a licence authorizing the possession of firearms or has been provided with a confirmation number of his or her declaration by a customs officer under subsection 3(1) of the Importation and Exportation of Firearms Regulations (Individuals).

12. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Sections 8 to 11 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.

The Regulations amend the Importation and Exportation of Firearms Regulations (Individuals), SOR/98-215. Most provisions of the Regulations, other than those sections dealing with importation by non-residents, are not yet in force.

The Regulations provide a process by which non-residents who wish to enter Canada with firearms may obtain a pre-processed declaration form to be presented to a customs officer. The form would be filled out by the non-resident, mailed to the Registrar who would conduct background checks, collect the applicable fee and classify the firearms, and then send the declaration back to the non-resident for presentation to a customs officer at the time of entry into Canada. Once confirmed by the customs officer, the declaration would have the effect of a licence and registration certificate for a period of one year. In addition, non-residents may continue to declare their firearms at the border by completing a written declaration and paying the applicable fee. This declaration can then be confirmed by the customs officer. The term for this type of declaration is 60 days, which term can be extended once for a further 60 days.

A process is also provided for non-residents who are licensed in Canada, but who have not registered firearms, that would allow them to import the firearms on a temporary basis. Consequential amendments are being made to other regulations to refer to importations by these licensed non-residents. In addition, the Regulations provide that non-residents must declare their expected date of export at the time of the importation.

The Regulations also streamline exporting requirements for licensed Canadian residents to allow firearms that are being exported to be re-imported and to be fast-tracked through Customs. In those circumstances, the individual will simply need to produce his or her licence and the registration certificate for the firearm that had been temporarily exported. The Regulations had originally provided that individuals would need to declare the firearm in writing. Where a resident exports a firearm permanently, the permit to export being issued by the minister of International Trade under the Export and Import Permits Act will be deemed to be an authorization to export under the Firearms Act. As a result, residents will not need to obtain authorizations from two different government departments.

In addition, the Regulations provide for the issuance of an authorization to import to permit the importation of slides, cylinders, bolts, breech-blocks and barrels by individuals. An offence provision for importing these parts without such an authorization has also been created by the amendments.

These Regulations are the only means available to amend the Importation and Exportation of Firearms Regulations (Individuals).

The amendments streamline temporary firearms exportation requirements such that non-residents and residents alike will not be required to stop and declare their firearms at the border on exiting the country. As such, the amendments will provide savings in terms of time for customs officers and clients when compared to the provisions they are amending. As well, the infrastructure to support the original export reporting requirements, such as having customs offices locations available at export locations, will not be required. This will result in lower costs and administrative burden once implemented.

Oral declarations will be permitted for Canadian residents importing a previously exported firearm. This eliminates the requirement for the client to declare the re-importation in writing and will reduce the time required at the border for the Canada Border Services Agency (CBSA) to process the individual.

Deeming permits issued under the Export and Import Permits Act as authorizations to export will streamline exporting for the Registrar, for CBSA and for the individual exporting the firearm.

Amendments providing for pre-processing of non-residents will be beneficial to the CBSA and to travelers since they should allow more timely processing at the port of entry. In addition, they will provide greater public safety benefits since the Registrar will be able to conduct background checks on each applicant. The non-residents who choose this method of application will receive a declaration valid for one year rather than 60 days.

With respect to non-resident declarations, CBSA will only be required to issue one confirmation number for the period of validity of the declaration. This streamlining measure provides cost savings for CBSA, and will improve client-service levels for non-residents.

With respect to the amendments concerning authorizations to import parts, these will allow Canada to meet its international commitments respecting international conventions to which it is a signatory, including the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime and the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, And Other Related Materials.

The proposed Regulations were pre-published in the Canada Gazette, Part I, on June 21, 2003. Consultations on proposals for the Regulations were undertaken with provincial authorities, in particular Chief Firearms Officers; federal departments involved in the implementation of the new law, in particular the Royal Canadian Mounted Police, the Canada Border Services Agency and the department of International Trade; representatives of other police agencies and police associations; representatives from public health and safety groups and individuals representing firearm associations, wildlife associations and firearms businesses.

While no concerns regarding the substance of the Regulations were raised during consultations, officials from CBSA did provide some guidance with respect to language that would serve to clarify the wording of the Regulations.

To ensure that all stakeholders and interested parties are advised of the amendments to the Regulations, immediately upon a decision, affected client groups will be advised through bulletins from the Canada Firearms Centre. Updated Web site materials, information for distribution through the 1-800 public inquiry line and other targeted campaigns will also be prepared. A news release and backgrounder will be sent to major media outlets. Other media relations will be handled on a response basis.

Pursuant to sections 103 and 104 of the Criminal Code, it is an offence to import or export a firearm other than under the authority of the Firearms Act, of its regulations or of any other act of Parliament.

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