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(2) Subsections 35(2) and (3) of the Act
are replaced by the following:
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Non-complian
ce
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(2) If a firearm is declared at a customs
office to a customs officer but the
requirements of subsection (1) 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
specified by the customs officer to comply
with paragraphs (1)(a) to (c). If the
non-resident does not comply with them in the
specified time, the detained firearm shall be
disposed of in the prescribed manner.
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115. The Act is amended by adding the
following after section 35:
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Authoriza- tion for non-residents who hold a licence to import firearms
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35.1 (1) A non-resident who holds a licence
may import a firearm that is not a prohibited
firearm if, at the time of importation,
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Authoriza- tion for non-residents who hold a licence to import firearms
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(2) A non-resident who holds a licence may
import a firearm that is not a prohibited
firearm and for which a registration certificate
has not been issued if, at the time of
importation,
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Non-complian
ce
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(3) If a firearm is declared at a customs
office to a customs officer but the
requirements of subsection (1) or (2), as the
case may be, 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 specified by the customs
officer to comply with paragraphs (1)(a) to (c)
or (2)(a) to (c), as the case may be. If the
non-resident does not comply with them in the
specified time, the detained firearm shall be
disposed of in the prescribed manner.
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Temporary
registration
certificate
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(4) A declaration that is confirmed in
accordance with paragraph (2)(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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116. Subsections 36(1) and (2) of the Act
are replaced by the following:
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Temporary
licence and
registration
certificate
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36. (1) A declaration that is confirmed
under paragraph 35(1)(d) has the same effect
after the importation of the firearm as a
licence authorizing the non-resident to
possess that kind of firearm, and as a
registration certificate for the firearm, for a
period of
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Non-applica- tion of subsection (1)
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(1.1) A chief firearms officer or the
Registrar may declare that subsection (1)
ceases to apply in respect of a particular
non-resident or a particular firearm if the chief
firearms officer or the Registrar, as the case
may be, is of the opinion that there is any good
and sufficient reason for that subsection not to
apply.
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Provisions
apply
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(1.2) If a declaration is made under
subsection (1.1), section 72 applies with any
modifications that the circumstances require
as though the declaration were a revocation.
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Extension
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(2) A chief firearms officer may extend the
period referred to in paragraph (1)(b) for a
period of 60 days. Only one extension may be
granted under this subsection.
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117. Sections 37 and 38 of the Act are
replaced by the following:
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Authoriza- tion for non-residents to export firearms
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37. (1) A non-resident may export a firearm
that the non-resident has imported in
accordance with section 35 or 35.1 if, at the
time of the exportation, the non-resident
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Non-complian
ce
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(2) If, at the time of the exportation, the
non-resident has not complied with subsection
(1), a customs officer may detain the firearm
and, with the approval of the Registrar, give
the individual a reasonable time specified by
the customs officer to comply with that
subsection. If the individual does not comply
with subsection (1) in the specified time, the
detained firearm shall be disposed of in the
prescribed manner.
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Authoriza- tion for individuals to export firearms
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38. (1) An individual may export a firearm
if, at the time of the exportation, the individual
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Non-complian
ce
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(2) If, at the time of the exportation, the
individual has not complied with subsection
(1) , a customs officer may detain the firearm
and, with the approval of the Registrar, give
the individual a reasonable time specified by
the customs officer to comply with that
subsection. If the individual does not comply
with subsection (1) in the specified time, the
detained firearm shall be disposed of in the
prescribed manner.
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118. Subsections 40(1) to (3) of the Act are
replaced by the following:
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Authoriza- tion for individuals who hold a licence to import firearms
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40. (1) An individual who holds a licence
may import a firearm that was exported in
accordance with section 38 if, at the time of
importation,
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Authoriza- tion for individuals who hold a licence to import firearms
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(2) An individual who holds a licence may
import a firearm that is not a prohibited
firearm and for which a registration certificate
has not been issued if, at the time of
importation,
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Non-complian
ce
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(3) If a firearm is declared at a customs
office to a customs officer but the
requirements of subsection (1) or (2), as the
case may be , 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 specified by the customs
officer to comply with paragraphs (1)(a) to (c)
or (2)(a) to (c), as the case may be. If the
individual does not comply with them in the
specified time, the detained firearm shall be
disposed of in the prescribed manner.
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119. Section 41 of the Act is replaced by
the following:
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Function of
Registrar on
proposed
importation
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40.1 On being informed under subsection
40(2) of a proposed importation by an
individual of a firearm that is not a prohibited
firearm and for which a registration certificate
has not been issued, the Registrar shall
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Permitted
purposes
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40.2 The Registrar may approve the
importation of a restricted firearm by an
individual only if the Registrar is satisfied
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Temporary
registration
certificate
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41. An authorization that is confirmed in
accordance with paragraph 40(2)(e) has the
same effect as a registration certificate for the
firearm until a registration certificate is issued
for the firearm.
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120. The Act is amended by adding the
following after section 42:
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Notification
by Registrar
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42.1 The Registrar shall inform the Canada
Customs and Revenue Agency without delay
of every report made by the Registrar in
respect of applications referred to in
subparagraph 35(1)(b)(i).
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121. Subsection 47(4) of the Act is
replaced by the following:
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Disposal
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(4) Goods that are not exported under
subsection (3) within 90 days are forfeited to
Her Majesty in right of Canada and shall be
disposed of in the prescribed manner.
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122. Section 49 of the Act is renumbered
as subsection 49(1) and is amended by
adding the following:
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Exception
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(2) Subsection (1) does not apply in respect
of the exportation of goods authorized by a
permit issued under the Export and Import
Permits Act that is deemed by regulations
made under paragraph 117(a.1) to be an
authorization to export.
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123. Sections 50 and 51 of the Act are
replaced by the following:
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Notification
of Registrar
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50. A customs officer shall inform the
Registrar without delay of the exportation or
importation by a business of any firearms and
any prescribed prohibited weapons, restricted
weapons, prohibited devices, ammunition,
prohibited ammunition and components and
parts designed exclusively for use in the
manufacture of or assembly into firearms.
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Notification
by Minister
responsible
for the Export
and Import
Permits Act
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51. 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
shall inform the Registrar of every application
under that Act for a permit to export in relation
to a firearm.
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124. Subsection 54(1) of the Act is
replaced by the following:
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Applications
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54. (1) A licence, registration certificate or
authorization may be issued only on
application made in the prescribed
form - which form may be in writing or
electronic - or in the prescribed manner. The
application must set out the prescribed
information and be accompanied by payment
of the prescribed fees.
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125. The Act is amended by adding the
following after section 55:
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Further
information
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55.1 (1) The Registrar may require a
non-resident who applies for a report referred
to in subparagraph 35(1)(b)(i) to submit any
information, in addition to that included in the
application, that may reasonably be regarded
as relevant for the purpose of preparing the
report.
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Investigation
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(2) Without restricting the scope of the
inquiries that may be made with respect to an
application for the report, the Registrar may
conduct any investigation of the applicant that
the Registrar considers necessary.
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126. Subsections 61(1) and (2) of the Act
are replaced by the following:
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Form
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61. (1) A licence or registration certificate
must be issued in the prescribed for - which
form may be in writing or electronic - or in
the prescribed manner , and include the
prescribed information, including any
conditions attached to it.
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Form of
authoriza- tions
|
(2) An authorization to carry, authorization
to transport, authorization to export or
authorization to import may be issued in the
prescribed form - which form may be in
writing or electronic - or in the prescribed
manner , and include the prescribed
information, including any conditions
attached to it.
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127. Subsections 63(1) and (2) of the Act
are replaced by the following:
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Geographical
extent
|
63. (1) Licences, registration certificates,
authorizations to transport, authorizations to
export and authorizations to import are valid
throughout Canada.
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128. (1) Section 64 of the Act is amended
by adding the following after subsection (1):
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Extension of
term
|
(1.1) Despite subsection (1), a chief
firearms officer may, until January 1, 2005,
with respect to any licence referred to in that
subsection that is issued before June 30, 2001,
extend the period for which the licence is
expressed to be issued by an additional period
of up to four years.
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(2) Subsections 64(3) and (4) of the Act
are replaced by the following:
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Businesses
|
(3) A licence that is issued to a business
other than a business referred to in subsection
(4) expires on the earlier of
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