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 Authorization to Export or Import Firearms Regulations (Businesses) 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 44 to 47 (see footnote c) and 117 (see footnote d) of the Firearms Act (see footnote e), hereby makes the annexed Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses).

REGULATIONS AMENDING THE AUTHORIZATION
TO EXPORT OR IMPORT FIREARMS REGULATIONS
(BUSINESSES)

1. The title of the Authorization to Export or Import Firearms Regulations (Businesses) (see footnote 1) is replaced by the following:

2. The heading before section 1 of the French version of the Regulations is replaced by the following:

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

3. If a business applies for an authorization to export goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading for those goods and a copy of the authorization.

4. For the purposes of subsection 45(4) of the Act, a customs officer shall dispose of goods detained under subsection 45(3) of the Act in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.

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

5.1 For the purposes of paragraph 46(f) of the Act, the information that a business that is importing goods is to provide to the Registrar is the following:

(d) the point of entry of the goods imported into Canada and their expected import date;

(e) the name of the last country the goods were in before their importation into Canada;

(f) in the case of non-restricted firearms and restricted firearms, the purpose for importing them and, in the case of other goods, the prescribed purpose under section 5 for importing them;

(i) the firearm identification number, if any,

(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, subject to subsection 6(2),

(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;

6. (1) If a business applies for an authorization to import goods described in section 43 of the Act, the Registrar shall attach to the authorization issued in respect of those goods the condition that the goods be accompanied by the bill of lading for those goods and a copy of the authorization.

(2) If at the time of making the application the serial number of the firearm that is the subject of the application does not exist or is unknown, the business shall provide the serial number, if any, to the Registrar, without delay after it becomes known to the business.

7. For the purposes of subsection 47(4) of the Act, a customs officer shall dispose of goods forfeited under that subsection in the same manner as a public service agency disposes of a firearm under section 15 of the Public Agents Firearms Regulations.

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

(2) For the purpose 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).

11. If a customs officer refuses to confirm an authorization to export or import under subsection 45(2) or 47(2) of the Act, the customs officer shall notify the business and the Registrar of the reasons for the refusal and, if the goods are detained under subsection 45(3) of the Act, the reasons for detaining the goods.

11.1 For the purpose of paragraph 117(o) of the Act, it is an offence to contravene subsection 7.1(1).

12. These Regulations come into force on the day on which section 43 of the Firearms Act, chapter 39 of the Statutes of Canada, 1995, comes into force.

11. These Regulations come into force on the day on which they are registered.

The Regulations amend the Authorization to Export or Import Regulations (Businesses) (SOR/98-214). The Regulations streamline the requirements for businesses that require an authorization to export such that permits to export issued under the Export and Import Permits Act by the Minister of International Trade (ITCan) will be deemed authorizations to export for the purposes of the Firearms Act. Where the Registrar issues an authorization to export, the requirements are further streamlined in order to remove the requirement that a bar code containing descriptions of the goods be placed on the packaging of the goods to be exported. Instead, a copy of the bill of lading will be sufficient for identification at the time of export. The same modifications are being made with respect to goods being imported by way of an authorization to import issued by the Registrar.

Since it is often the case that serial numbers will not be known until the goods have been imported, the Regulations are amended to permit a business to import firearms and report the serial number after importation. A complete description of the goods must be provided.

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

In addition, a reference to certified mail is being repealed since this mode of transmission is no longer available. Notices of refusal and of revocation of authorizations will continue to be able to be sent by registered mail or by courrier.

These Regulations are the only means available to amend the Authorization to Export or Import Firearms Regulations (Businesses) and are the only means available to deem export permits issued under the Export and Import Permits Act to be authorizations for the purposes of the Firearms Act.

The amendments deeming export permits issued under the Export and Import Permits Act to be authorizations for the purposes of the Firearms Act will be of benefit to businesses, as they will not be required to apply for permission to export firearms from two different federal government bodies. This should result in both cost savings and greater efficiency for the businesses. As it eliminates duplication of work, there should also be net cost savings to the Canadian Firearms Program since the Registrar will not be required to issue this document, other than for prohibited devices, weapons and ammunition. The Department of International Trade will provide the Registrar with information about exports permits that have been issued and the Canada Border Services Agency will advise the Registrar of the exportation of firearms. This ensures the continued integrity of the program's database, while eliminating the business' responsibility to advise the Registrar of exports. The amendments will permit the Registrar to focus on controlling and registering firearms being imported into the country while ITCan will be able to focus its efforts on exports.

Since businesses often are not advised of all serial numbers in a shipment of firearms until those firearms arrive at the border, eliminating requirements that this be provided in advance will allow goods to be imported more quickly and efficiently. The integrity of the registration system will still be maintained since businesses will be required to provide a serial number to the Registrar before certificates are issued for the firearms.

The amendments with respect to how goods being shipped must be identified will also result in greater efficiency at the border. In addition, businesses will not need to adopt new processes or obtain new bar coding equipment in order to import or export firearms.

With respect to the amendments concerning authorizations to import parts, these will allow Canada to comply with obligations included in 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 Department of International Trade and the Canada Border Services Agency; 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.

Participants reacted favourably to the proposed amendments, particularly those that provide that permits issued under the Export and Import Permits Act will be deemed to be authorizations for the purposes of the Firearms Act.

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, including the Export and Import Permits Act.

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