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Bill C-68

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Royal Assent

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	AUTHORIZED EXPORTATION AND IMPORTATION
	Individuals
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,
	(a) the non-resident
	(i) is eighteen years old or older,
	(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
	(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and
	(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).
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.
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.
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
	(a) the non-resident has not truthfully completed the prescribed form, or
	(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,
	the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.
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
	(a) the expiration of those sixty days, and
	(b) the expiration of the authorization to transport.
Renewal	(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.
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.
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,
	(a) the non-resident
	(i) declares the firearm to a customs officer, and
	(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
	(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.
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.
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.
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,
	(a) the individual
	(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
	(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
	(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.
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.
Disposal of firearm	(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.
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.
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,
	(a) the individual declares the firearm to a customs officer in the prescribed manner;
	(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;
	(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,
	(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,
	(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,
	(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
	(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and
	(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.
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.
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.
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.
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.
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.
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.
Notification of Registrar	42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.
	Businesses
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.
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
	(a) in the case of a firearm, holds the registration certificate for the firearm;
	(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;
	(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;
	(d) indicates the destination of those goods; and
	(e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.
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
	(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;
	(b) identifies those goods in the prescribed manner;
	(c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation;
	(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;
	(e) indicates the destination in Canada of those goods; and
	(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.
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.
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.

Bill C-68

AUTHORIZED EXPORTATION AND IMPORTATION

Individuals

Businesses