Importation and Exportation of Firearms Regulations (Individuals)

SOR/98-215

FIREARMS ACT

Registration 1998-03-24

Importation and Exportation of Firearms Regulations (Individuals)

P.C. 1998-490 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had a copy of the proposed Importation and Exportation of Firearms Regulations (Individuals), substantially in the annexed form, laid before each House of Parliament on October 30, 1997, which date is at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 35 and 37 to 40 and paragraph 117(w) of the Firearms ActFootnote a, hereby makes the annexed Importation and Exportation of Firearms Regulations (Individuals).

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

in writing

in writing includes any communication made by electronic means capable of producing a paper record. (par écrit)

non-restricted firearm

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

orally

orally means any communication carried out in person, by telephone, or by any other means of oral communication. (de vive voix)

Importation of Firearms — Non-Residents

  •  (1) For the purposes of paragraph 35(1)(b) of the Act, a nonresident 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.

  • SOR/2004-270, s. 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:

  • (a) their name and address;

  • (b) their date of birth;

  • (c) their gender;

  • (d) the reasons for importing the firearms;

  • (e) the number of firearms being imported; and

  • (f) in respect of each firearm that the non-resident is importing,

    • (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.

  • SOR/2004-270, s. 1.
  •  (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 nonresident 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

    • (a) sent by mail; or

    • (b) transmitted by electronic means that can produce a paper record.

  • SOR/2004-270, s. 1.

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

  • SOR/2004-270, s. 1.

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

  • SOR/2004-270, s. 1.
  •  (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.

  • SOR/2004-270, s. 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.

  • SOR/2004-270, s. 1.

Exportation of Firearms — Non-Residents

The following provision is not in force.
  •  (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.

  • SOR/2004-270, s. 2.

Deemed Authorizations

The following provision is not in force.

 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.

  • SOR/2004-270, s. 2.

Disposal of Detained Firearms

 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.

  • SOR/2004-270, s. 3.

Exportation of Firearms — Licensed Individuals

The following provision is not in force.

 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.

  • SOR/2004-270, s. 4.

 [Repealed, SOR/2004-270, s. 4]

Disposal of Detained Firearms

The following provision is not in force.

 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.

  • SOR/2004-270, s. 5.

Exportation of Replica Firearms

The following provision is not in force.
  •  (1) For the purposes of section 39 of the Act, an individual shall declare a replica firearm that they are exporting either in writing or orally.

  • (2) The individual shall declare a replica firearm by providing the following information:

    • (a) the individual’s name, address and telephone number; and

    • (b) a description of each type of replica firearm and the quantity being exported.

Importation of Firearms — Licensed Individuals

The following provision is not in force.

 For the purposes of paragraphs 40(1)(a) and (2)(b) of the Act, an individual who imports a firearm shall declare it orally.

  • SOR/2004-270, s. 6.

 [Repealed, SOR/2004-270, s. 6]

Confirmation of Importation — Individuals

The following provision is not in force.

 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.

  • SOR/2004-270, s. 7.

Disposal of Detained or Forfeited Firearms

The following provision is not in force.

 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.

  • SOR/2004-270, s. 7.

Parts and Components

The following provision is not in force.
  •  (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).

  • SOR/2004-270, s. 7.

Offence

The following provision is not in force.

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

  • SOR/2004-270, s. 7.

Coming into Force

  • Footnote * (1) Subject to subsection (2), these Regulations 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.

  • (2) Sections 1 to 3 and 6 come into force on January 1, 2001.

  • SOR/2001-10, s. 1;
  • SOR/2002-440, s. 1;
  • SOR/2003-402, s. 1.
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