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| Authorization
for
non-residents
who do not
hold a licence
to import
firearms that
are not
prohibited
firearms
|
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,
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(i) is eighteen years old or older,
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(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
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(iii) in the case of a restricted firearm,
produces an authorization to transport the
restricted firearm; and
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(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).
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| Non-complian
ce
|
(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.
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| Disposal of
firearm
|
(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.
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| Non-complian
ce
|
(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
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(a) the non-resident has not truthfully
completed the prescribed form, or
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(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,
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the customs officer may refuse to confirm the
declaration and may authorize the firearm to
be exported from that customs office.
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| Temporary
licence and
registration
certificate
|
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
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(a) the expiration of those sixty days, and
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(b) the expiration of the authorization to
transport.
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| Renewal
|
(2) A chief firearms officer may renew the
confirmation of a declaration for one or more
periods of sixty days.
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| Electronic or
other means
|
(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.
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| Authorization
for
non-residents
who do not
hold a licence
to export
firearms that
are not
prohibited
firearms
|
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,
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(i) declares the firearm to a customs
officer, and
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(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
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(b) a customs officer confirms the
declaration referred to in subparagraph
(a)(i) in the prescribed manner.
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| Non-complian
ce
|
(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.
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| Disposal of
firearm
|
(3) Where those requirements are not
complied with within a reasonable time, the
firearm shall be disposed of in the prescribed
manner.
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| Authorization
for
individuals
who hold a
licence to
export
firearms
|
38. (1) An individual who holds a licence
may export a firearm if, at the time of the
exportation,
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(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
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(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
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(b) a customs officer confirms the
documents referred to in subparagraphs
(a)(i) and (ii) in the prescribed manner.
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| Non-complian
ce
|
(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.
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| Disposal of
firearm
|
(3) A firearm that is detained under
subsection (2) may be disposed of in the
prescribed manner.
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| Authorization
for
individuals to
export replica
firearms
|
39. An individual may export a replica
firearm if he or she declares the replica firearm
to a customs officer in the prescribed manner.
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| Authorization
for
individuals
who hold a
licence to
import
firearms
|
40. (1) An individual who holds a licence
may import a firearm if, at the time of the
importation,
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(a) the individual declares the firearm to a
customs officer in the prescribed manner;
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(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;
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(c) in the case of a firearm that is not a
prohibited firearm and for which a
registration certificate has not been issued,
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(i) the individual completes the
prescribed form containing the
prescribed information, if the declaration
referred to in paragraph (a) is in writing,
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(ii) the individual holds a licence
authorizing him or her to acquire and
possess that kind of firearm,
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(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
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(iv) in the case of a restricted firearm, the
individual produces an authorization to
transport the restricted firearm; and
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(d) a customs officer confirms the
documents referred to in paragraph (b) or
(c) in the prescribed manner.
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| Non-complian
ce
|
(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.
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| Disposal of
firearm
|
(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.
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| Importation of
prohibited
firearms
|
(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.
|
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| Prohibited
firearm
|
(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.
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| Disposal
|
(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.
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| Temporary
registration
certificate
|
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.
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| Notification
of Registrar
|
42. A customs officer shall inform the
Registrar without delay of the exportation or
importation of a firearm by an individual.
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| Authorization
for businesses
to import or
export
|
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.
|
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| Authorization
to export
|
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
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(a) in the case of a firearm, holds the
registration certificate for the firearm;
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(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;
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(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;
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(d) indicates the destination of those goods;
and
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(e) provides the Registrar with the
prescribed information and any other
information reasonably required by the
Registrar.
|
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| Authorization
to be
produced
|
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.
|
|
| Customs
officer
|
(2) A customs officer may confirm an
authorization to export.
|
|
| Non-complian
ce
|
(3) Where an authorization to export is not
confirmed, a customs officer may detain
goods described in section 43.
|
|
| Disposal
|
(4) A good that is detained under subsection
(3) may be disposed of in the prescribed
manner.
|
|
| Authorization
to import
|
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
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(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;
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(b) identifies those goods in the prescribed
manner;
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(c) in the case of either a firearm that is not
a prohibited firearm or a restricted weapon,
specifies the purpose for the importation;
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(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;
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(e) indicates the destination in Canada of
those goods; and
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(f) provides the Registrar with the
prescribed information and any other
information reasonably required by the
Registrar.
|
|
| Authorization
to be
produced
|
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.
|
|
| Customs
officer
|
(2) A customs officer may confirm an
authorization to import.
|
|
| Non-complian
ce
|
(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.
|
|
| Disposal
|
(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.
|
|
| Temporary
registration
certificate
|
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.
|
|
| Separate
authorization
|
49. Each exportation or importation of
goods described in section 43 requires a
separate authorization to export or
authorization to import.
|
|
| Notification
of Registrar
|
50. A customs officer shall inform the
Registrar without delay of the exportation or
importation of goods described in section 43
by a business.
|
|
| Notification
of Minister
responsible
for the Export
and Import
Permits Act
|
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.
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| Only at
designated
customs
offices
|
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.
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| No in-transit
shipments of
prohibited
firearms,
weapons,
devices and
ammunition
|
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.
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