Importing and exporting firearms, weapons and devices
Memorandum D19-13-2
Ottawa, January 19, 2022
ISSN 2369-2391
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In brief
This memorandum replaces Memorandum D19-13-2 dated . The following changes were made:
- (a) removed references to the Possession Only Licence (POL) which ceased to exist effective September 2, 2020 at which time all remaining POLs were converted to Possession and Acquisition Licences (PAL)
- (b) references to “Controlled firearms” were changed to “Regulated firearms” and references to “Uncontrolled firearms” were changed to “Unregulated firearms”
- (c) clarification has been added to the definition of Bladed Finger Rings (para. 27)
- (d) the paragraph on devices with an incapacitating electric charge has been updated to include information on similar devices with a length greater than 480mm (para. 28)
- (e) the description of spiked wristbands has been updated to reflect advances in the materials from which they may be fabricated (para. 35, 36)
- (f) references to translucency as possible exemption criteria for replicas have been removed to reflect developments in the firearms industry (para. 49, 50)
- (g) clarified the muzzle velocity information for replica firearms to include information on disassembled guns and receivers/frames (para. 51)
- (h) updated information on the Authorization to Transport (ATT) requirements to comply with Bill C-71 (para. 87, 89, 97, 101)
- (i) consolidated the information for Commercial Importations under the Other Modalities section (para. 114 – 120)
- (j) amended to provide clarification on the appeal process (para. 193)
This memorandum outlines how tariff item 9898.00.00 of the Customs Tariff, the Criminal Code, the Firearms Act, and the Export and Import Permits Act relate to the importing and, exporting and movement in transit of firearms, firearm parts, weapons, devices, and certain types of ammunition.
The Government of Canada is committed to effective firearms and weapons control that maintains the highest standards of public safety. Firearms and weapons are high-risk commodities that can impact the safety, security and welfare of Canadians. It is the policy of the Canada Border Services Agency (CBSA) to control the flow of firearms, weapons and other devices, and to ensure compliance by all stakeholders with existing laws, regulations and orders. It is the CBSA’s intention to interdict the illegal and unjustified crossing of firearms and weapons across the border, while streamlining the process for low-risk and law-abiding persons travelling for legitimate purposes and with the required documentation.
Legislation
- Customs Tariff – Tariff Item 9898
- Criminal Code – Section 91, Section 104
- Export and Import Permits Act – Section 5, Section 14, Section 24, Section 25
- Firearms Act – Section 35, Section 36, Section 97
Guidelines and general information
Definitions
1. Use the following definitions when applying this memorandum:
- Action
- Assembly of component parts that carries out the necessary cycle of operation in small arms. Actions are categorized as: air, spring or gas, bolt action, converted automatic, full automatic, lever action, multi-barrel, pump action, revolver, semi-automatic and single shot. The term "Action" is sometimes misused to mean an assembled receiver/frame, without an assembled barrel. The term is also misused as "Barrelled Action" which has evolved into a term describing the metal parts remaining when the wood furniture (stock fore-end and butt) are removed from the firearm.
- Ammunition
- A loaded cartridge, consisting of a primed cartridge case, propellant and may or may not contain one or more projectiles, designed to be discharged from a firearm, including a caseless cartridge and a shotshell.
- Arms Trade Treaty
- An international treaty that establishes common standards for the international trade of conventional weapons and seeks to reduce illicit arms trade and human suffering. It promotes responsibility, transparency and accountability in transfers of conventional arms. Canada became a State Party to the United Nations Arms Trade Treaty on .
- Authorization To Carry (ATC)
- An authorization that allows an individual to carry restricted firearms, or certain grandfathered handguns, on his or her person for lawful occupational purposes, or to protect life.
- Authorization To Transport (ATT)
- An authorization that allows an individual to transport restricted or prohibited firearms from one place to another, such as from a home to a target range or gun show and back. It is necessary to present a paper ATT when importing or exporting restricted or prohibited firearms.
- Automatic firearm
- A firearm that is capable of, or assembled or designed and manufactured with the capability of discharging projectiles in rapid succession during one pressure of the trigger.
- Barrel
- That portion of a firearm through which a projectile or shot charge travels under the impetus of powder gases, compressed air or like means. A barrel may be either smooth or rifled.
- Barrel length
- The distance from the muzzle of the barrel to and including the chamber. This excludes accessories or barrel extensions such as flash suppressors or muzzle brakes. In the case of a revolver, the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder. (see Appendix A)
- Barrelled action
- A shotgun or rifle without the stock. The term "barrelled action" has evolved into a term describing the metal parts remaining when the wood furniture (stock fore-end and butt) are removed from the firearm.
- Black powder
- A finely ground mixture of three basic ingredients saltpetre (potassium nitrate), charcoal (carbon) and sulphur principally used in muzzle-loaders and antique cartridge firearms.
- Bolt/breech bolt
- The locking and cartridge head support mechanism of a firearm that operates in line with the axis of the bore.
- Bore
- The inside of the barrel of a firearm, from the throat to the muzzle, through which the projectile travels.
- Bore diameter
- In rifled barrels, diameter of a circle formed by the tops of the lands.
In shotguns, diameter of the barrel forward of the chamber but before the choke. - Breech
- The rear end of the barrel into which the ammunition is loaded.
- Bull-pup
- A stock that, when combined with a firearm, reduces the overall length of the firearm, such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position.
- Business
- A person who carries on a business that includes the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawn broking, transportation, shipping, distribution, or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices, or prohibited ammunition; the possession, purchase, or sale of ammunition; or the purchase of crossbows. A museum is considered a business.
- Calibre
- (a) ammunition: a numerical term, without the decimal point, included in a cartridge name to indicate the approximate bullet diameter
- (b) firearms: the approximate diameter of the circle of the barrel of a firearm. In the case of a rifled barrel, the calibre is the approximate diameter of the circle formed by the tops of the lands
- Carbine
- A rifle of short length that is light in weight.
- Carrier
- A person who carries on a transportation business that includes the transportation of one or more of the following classes of goods: non-restricted firearms, restricted firearms, prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.
- Carrier licence
- A licence that allows a carrier to possess and transport one or more of the following classes of goods: non-restricted firearms, restricted firearms, prohibited firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.
- Cartridge
- A complete unit of ammunition, consisting of a case, primer and propellant charge, with or without projectile(s). The term also applies to a shotshell.
- Centre-fire cartridge
- Any cartridge that has its primer central in the head of the case.
- Chamber
- The rear part of the barrel bore that has been formed to accept a specific cartridge. A revolver cylinder is multi-chambered.
- Chief Firearms Officer (CFO)
- Means the following:
- (a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province
- (b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister; or
- (c) in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister
- Cylinder
- The cylindrical and rotatable component of a revolver in which chambers are bored to hold cartridges. It combines the functions of magazine, feed system and firing chamber.
- Energy
- Sometimes called "Projectile Energy", it is the ability or capacity of a projectile to do work by virtue of its motion, commonly expressed in joules or foot-pounds. Energy is also referred as the ballistic measurement that takes into consideration both the mass and velocity of a projectile and is related to the potential to cause injury or damage.
- Export
- Export from Canada and includes exporting goods from Canada that are imported into Canada and shipped in transit through Canada.
- Export permit
- A permit issued by Global Affairs Canada (GAC) under the Export and Import Permits Act that allows the export of those goods or classes of goods described on the permit.
- Federal Minister
- Minister of Public Safety.
- Firearm
- A barrelled weapon from which any shot, bullet, or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.
- Firearms Business Licence (FBL)
- A licence that allows a business to deal with certain goods. The licence must specify each particular activity that is authorized in relation to firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.
- Firearms Reference Table (FRT)
- An electronic database developed by the Royal Canadian Mounted Police (RCMP) to assist law enforcement officers in the accurate identification of firearms. It establishes a standard method of describing firearms to assist in the goal of determining the legal classification (non-restricted, restricted, prohibited) of a firearm. The FRT also provides descriptions and photos of most existing firearms.
- Firing pin
- The part of a firing mechanism that strikes the primer of the cartridge to initiate ignition of the propellant charge.
- Flintlock firearm
- A firearm, usually muzzle loading, discharged when a flint is struck to create sparks that ignite the priming powder.
- Former resident
- A member of the Canadian Armed Forces, an employee of the Canadian government, or a former resident of Canada returning to Canada to resume residence in Canada after having been a resident of another country for a period of not less than one year, or a resident returning after an absence from Canada of not less than one year.
- Frame
- See "Receiver"
- Full automatic firearm
- See "Automatic firearm"
- Grandfathering
- A legal exception that allows an old rule to continue to apply to some existing situations and/or when the rule will apply instead in all future situations. It describes a legislative provision that assigns special status based on property or other interests that exist at the time a legal change takes effect. In the context of section 12 of the Firearms Act, both the firearm and the individual must be specifically grandfathered. To be and remain grandfathered for a particular category of prohibited firearm, the owner must continuously hold both a valid firearms licence and a valid registration certificate for that prohibited firearm within that category.
- Handgun
- A firearm that is designed, altered, or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired with both hands.
- Import
- Import into Canada and includes importing goods into Canada that are shipped in transit through Canada and exported from Canada.
- Import permit
- A permit issued by Global Affairs Canada (GAC) under the Export and Import Permits Act that allows the import of those goods or classes of goods described on the permit.
Note: An Import Permit is not the same as an International Import Certificate. - In transit
- The movement of goods from a point outside of Canada, through Canada, to another point outside of Canada. This movement must be by the most direct route available. Vacationing or touring Canada is not possible when moving firearms, weapons and devices in transit.
Note: All firearms, weapons and devices in transit through Canadian waters must be declared to the CBSA, even if the conveyance transporting them does not touch land, anchor, moor or make contact with another conveyance while in Canada. - International Import Certificate (IIC)
- A certificate issued under the Export and Import Permits Act to facilitate importation of goods into Canada and compliance with the laws of the country of export.
Note: An IIC is not the same as an import permit. - Licence
- A licence issued under the Firearms Act.
- Matchlock firearm
- A firearm, usually muzzle loading, discharged when a slow burning match is brought to ignite the priming powder.
- Military goods
- Goods listed in tariff item 9898.00.00 (h), (i) and (j). They generally include goods specifically designed or subsequently modified for military use, such as large calibre armaments, high explosive engines or any other war machine.
- Minor
- A person who is less than 18 years old.
- Minor's Possession Licence
- A licence that allows a minor to possess non restricted firearms. Minors are not allowed to possess restricted or prohibited firearms.
- Museum
- A person who operates a museum in which non-restricted firearms, restricted firearms, prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered; or a museum in which ammunition is possessed or bought. A museum is considered a business.
- Muzzle
- The end of a barrel from which the projectile emerges.
- Muzzle brake
- A device attached to the muzzle that softens the recoil of the firearm.
- Muzzle loader
- A firearm that is loaded with gunpowder and projectile through the muzzle end of the bore.
- Muzzle velocity
- The speed, measured in meters per second (mps) or feet per second (fps), at which the projectile leaves the muzzle of a firearm.
- Non-resident
- For determining the admissibility requirements of firearms and weapons, a non-resident is an individual who ordinarily resides outside Canada. Visitors, seasonal residents, temporary residents, settlers, and former residents are non-residents.
- Possession and Acquisition Licence (PAL)
- A licence that allows an individual to possess and acquire the class or classes of firearm indicated on the licence.
- Primer
- The priming compound, cup and anvil which, when struck, ignites the powder charge.
- Prohibited device
- Please refer to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
- Provincial Minister
-
- (a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister
- (b) in respect of a territory, the federal minister; or
- (c) in respect of any matter for which there is no provincial minister under (a) or (b), the federal minister
- Public agent
- An individual who is either:
- (a) any of the following persons in the course of their duties or for the purposes of their employment:
- (i) peace officers
- (ii) persons training to become police officers or peace officers under the control and supervision of a police force or a police academy or similar institution designated by the federal Minister or the lieutenant governor in council of a province
- (iii) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers
- (iv) chief firearms officers and firearms officers
- (b) an individual acting on behalf of, and under the authority of, a police force or a department of the Government of Canada or of a province
- (a) any of the following persons in the course of their duties or for the purposes of their employment:
- Public officer
- An individual who is:
- (a) a peace officer
- (b) a member of the Canadian Armed Forces or of the armed forces of another country who is attached or seconded to any of the Canadian Armed Forces
- (c) an operator of a museum established by the Chief of the Defence Staff or a person employed in any such museum
- (d) a member of a cadet organization under the control and supervision of the Canadian Armed Forces
- (e) a person training to become a police officer or a peace officer under the control and supervision of:
- (i) a police force; or
- (ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province
- (f) a member of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who is authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms
- (g) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act; or
- (h) a member of any of the following classes of persons, if employed in the public service of Canada or by the government of a province or municipality:
- (i) employees who are responsible for the examination, inventory, storage, maintenance, or transportation of court exhibits and evidence
- (ii) employees of police forces or other public service agencies who are responsible for the acquisition, examination, inventory, storage, maintenance, issuance or transportation of firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition, or explosive substances
- (iii) technicians, laboratory analysts, and scientists who work at forensic or research laboratories
- (iv) armourers and firearms instructors who work at police academies or similar institutions designated under subparagraph 117.07(2)(e)(ii) of the Criminal Code, or are employed by a federal or provincial department of natural resources, fisheries, wildlife, conservation or the environment, or by the Canada Border Services Agency
- (v) park wardens and other employees of a federal or provincial department who are responsible for enforcing laws and regulations dealing with natural resources, fisheries, wildlife, conservation or the environment
- (vi) immigration officers
- (vii) security personnel employed by the Security Service of the House of Commons or by the Senate Protective Service within the Parliamentary Precinct
- (viii) aircraft pilots employed by the Department of Transport or other public service agencies
- Public service agency
- A police force, a department or agency of the public service of Canada or of a province or municipality, a police academy or other public agency that employs or has under its authority public agents.
- Receiver blank
- any receiver/frame that may be identified as one of the following; a receiver blank, any declared percentage of receiver, 80% blank, receiver flat, receiver stamping, receiver folded stamping, finished flat, lower receiver kit, Extruded Polymer (EP) lower receiver, poly receiver, unfinished receiver, silicone mold kit for receiver, polymer mold kit for receiver.
- Receiver/frame
- The basic component of a firearm to which all other components are attached. For example, in most firearm designs the barrel is attached to the receiver and the receiver houses the trigger, breech and firing mechanisms.
- Registration certificate
- A certificate issued under the Firearms Act as proof of registration of a firearm. A copy of this document may be examined.
- Regulation
- A law made by a body that has been granted (delegated) law-making authority. It is used both to indicate a specific type of delegated legislation, as well as to refer generically to all forms of delegated legislation.
- Reproduction
- The modern manufacture of any firearm that has ceased to have patent protection and is usually no longer manufactured by the original maker. Normally, the reproduction is equal to or better in quality of material and workmanship than the original and in some cases may be an exact duplicate with interchangeable parts and components.
- Resident
- For determining the admissibility requirements of firearms and weapons, a resident is an individual who ordinarily resides in Canada.
- Revolver
- A firearm, usually a handgun, with a cylinder having several chambers so arranged as to rotate around an axis and be discharged successively by the same firing mechanism.
- Rifle
- A firearm, usually a long arm designed to be fired from the shoulder, normally with rifling inside the bore.
- Rim
- The edge on the base of a cartridge (i.e. ammunition) case. The rim is the part of the case that the extractor grips to remove the cartridge from the chamber.
- Rim-fire cartridge
- Any cartridge that has its primer located inside the annular rim of the cartridge case.
- Secure locking device
- A device that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination; and that, when applied to a firearm, prevents the firearm from being discharged.
- Semi-automatic firearm
- A repeating firearm requiring a separate pressure of the trigger for each shot fired, that is equipped with a mechanism that, following the discharge of a cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge. It is sometimes referred to as auto-loading or self-loading.
- Settler
- Means any person who enters Canada with the intention of establishing, for the first time, a residence for a period of not less than 12 months, but does not include a person who enters Canada for the purpose of:
- (a) employment for a period not exceeding 36 months
- (b) studying at an educational institution; or
- (c) performing pre-clearance activities on behalf of the Government of the United States
- Shotgun
- A firearm, usually a long arm designed to be fired from the shoulder, normally having a smooth bore. Shotgun ammunition may contain numerous projectiles or a single projectile.
- Small arms cartridge
- Means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge.
- Smokeless powder
- Any propellant generally based on nitrocellulose. This includes propellants with a single-base (nitrocellulose (NC) alone), those with a double-base (such as NC/Nitro Glycerin (NG)) and those with a triple-base (such as NC/NG/nitroguanidine). Cast, pressed or made-up charges of smokeless powders are propelling charges.
- Temporary resident
- Means:
- (a) a person who is not a resident of Canada and who resides temporarily in Canada for the purpose of:
- (i) studying at an educational institution
- (ii) employment for a period not exceeding 36 months; or
- (iii) performing preclearance activities on behalf of the Government of the United States
- (b) the spouse or any dependants of a person described in subparagraph (a)(i) or (ii); and
- (c) the spouse or any dependant of a person described in subparagraph (a)(iii), if the spouse or dependant produces on arrival in Canada a valid card or employment authorization issued by the Government of Canada certifying the spouse or dependant to be the spouse or dependant of a person described in subparagraph (a)(iii)
- (a) a person who is not a resident of Canada and who resides temporarily in Canada for the purpose of:
- Trigger
- The part of the firearm mechanism that is moved manually to cause the firearm to discharge.
- Unattended vehicle
- Means that the vehicle is not under the direct and immediate supervision of a person who is 18 years of age or older and to whom a licence has been issued under the Firearms Act.
- Unloaded
- A firearm containing no ammunition, i.e. one in which any propellant powder, projectile or cartridge that is capable of being discharged from the firearm is not contained in the breech or firing-chamber nor in a cartridge magazine attached to or inserted into the firearm.
- Vehicle
- any conveyance that is used for transportation by water, land or air.
- Visiting force
- Any of the armed forces of a designated state present in Canada in connection with official duties, and includes civilian personnel designated under section 4 of the Visiting Forces Act as a civilian component of a visiting force.
- Weapon
- Any thing used, designed to be used or intended for use in causing death or injury to any person, or to threaten or intimidate any person. Firearms are considered weapons, but not all weapons are firearms.
- Wheel-lock firearm
- A firearm, usually muzzle loading, discharged when a revolving spring-loaded steel wheel strikes a piece of iron pyrite, or flint, causing sparks that ignite the priming powder.
Identification and classification
2. Except as otherwise stated in this memorandum, all goods will be examined and classified in the condition found or at the time of importation/exportation.
Firearms
3. All firearms are deemed to be one of two types: "unregulated" or "regulated".
"Unregulated" firearms
4. "Unregulated" firearms are those devices that, although falling within the definition of a firearm in the Criminal Code, are exempt from specific legal requirements of the Firearms Act and its regulations, as well as from other legislative provisions. "Unregulated" firearms do not fall under tariff item No. 9898.00.00, and are generally admissible into Canada. "Unregulated" firearms should not be subdivided into any of the non-restricted, restricted, or prohibited classes. The following types of firearms are deemed "unregulated":
- (a) Antique firearms – The term "antique firearm" means:
- (i) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition; or
- (ii) any firearm that is prescribed to be an antique firearm as listed in the Regulations Prescribing Antique Firearms
- Note: Reproductions of percussion cap long guns and muzzle-loading black powder handguns made after 1898 are not considered antiques even if they are copies of an earlier antique model. Newer percussion cap long guns are classified as non-restricted firearms. Newer handguns, including matchlock, wheel lock and flintlock handguns made after 1898 are classified as restricted if their barrel length is over 105 mm (about 4 inches), or prohibited if their barrel length is 105 mm or less. (see above). If it is not possible to precisely determine whether a firearm is an antique firearm, consult the section entitled "regulated" firearms.
- (b) Flare, blank, rivet and industrial guns – Any device that is designed exclusively for signalling, for notifying of distress, or for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, provided that the importer intends to use it only for the purpose for which it is designed
- Note: Flare guns that have been designed using the frame or receiver of a real handgun, and may require registration as such. Contact the CFP for more information. Also, flare guns with chamber adaptors which permit the discharge of conventional ammunition may be considered firearms.
- (c) Slaughter, tranquilizing and line-throwing guns – Any device that is designed exclusively for the slaughtering of domestic animals, the tranquilizing of animals, or the discharging of projectiles with lines attached to them, provided that the importer intends to use it only for the purpose for which it is designed
- (d) Low muzzle velocity/energy guns – Any barrelled weapon that is not designed or adapted to discharge projectiles at a muzzle velocity exceeding 152.4 metres per second (mps) (500 feet per second (fps)) and at a muzzle energy exceeding 5.7 Joules, or to discharge projectiles that are designed or adapted to attain a velocity exceeding 152.4 mps (500 fps) and an energy exceeding 5.7 Joules. Both thresholds of 152.4 mps and 5.7 Joules must be exceeded for the firearm to be considered “controlled”. This requirement exempts firearms that fire below the threshold velocity with a standard projectile, but exceed the threshold velocity when fired with a high-velocity projectile
- Note: The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. If the muzzle velocity/energy of the air gun is less than 152.4 mps (500 fps)/5.7 joules but still able to cause serious bodily injury to a person, it may be considered an "unregulated" firearm. If an air gun has a velocity under 52.4 mps (172 fps) when firing a .22g metal pellet, it may qualify as a replica firearm. Airsoft guns and certain types of paintball guns may qualify as a replica firearm (see paragraph 47 of this memorandum).
"Regulated" firearms
5. "Regulated" firearms are strictly those firearms that are controlled for the purposes of certain provisions of the Criminal Code and the Firearms Act. All "regulated" firearms belong to one of three categories: 1) non-restricted, 2) restricted, or 3) prohibited. Each one of the categories has different admissibility requirements.
6. When identifying what category a firearm belongs to, the Firearms Reference Table (FRT) will be used as a reference tool.
Prohibited firearms
7. Prohibited firearms include most automatic, military firearms, and short-barrelled handguns. Prohibited firearms are:
- (a) handguns that:
- (i) have a barrel equal to or less than 105 mm (approximately 4.1 inches) in length; or
- (ii) are designed or adapted to discharge a 25 or 32 calibre cartridge, unless these handguns are listed in the Regulations Prescribing Exclusions From Certain Definitions of the Criminal Code (International Sporting Competition Handguns), and are for use in international sporting competitions governed by the rules of the International Shooting Sport Federation
- (b) firearms adapted from rifles or shotguns, whether by sawing, cutting, or any other alteration, and that as adapted are:
- (i) less than 660 mm (approximately 25.74 inches) in length; or
- (ii) 660 mm (approximately 25.74 inches) or more in length but have a barrel less than 457 mm (approximately 17.82 inches) in length
- (c) automatic firearms, even if they have been altered to discharge only one projectile with each pull of the trigger; or
- (d) any firearm that is prescribed to be a prohibited firearm as listed in the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted
- Note: (b) (i) (ii) Length means total length of firearm including the barrel.
8. On , the government of Canada announced the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted to amend the Regulations that classify firearms (Classification Regulations) to prescribe certain firearms as prohibited firearms and certain devices as prohibited. Following the announcement, many firearms that were once classified as non-restricted or restricted are now re-classified as prohibited firearms.
9. The regulations prescribe the following firearms and their variants as "prohibited firearms":
- M16, M4, AR-10, AR-15 rifles
- Ruger Mini-14 rifle
- Vz58 rifle
- M14 rifle
- Beretta CX4 Storm carbine
- Robinson Armament XCR rifle
- CZ Scorpion EVO 3 carbine and pistol
- SIG Sauer SIG MCX and SIG Sauer SIG MPX carbine and pistol
- Swiss Arms Classic Green and Four Seasons series
In addition, firearms with one or more of the following physical characteristics are re-classified as prohibited:
- firearms with a bore 20mm or greater (e.g. grenade launchers)
- firearms capable of discharging a projectile with a muzzle energy greater than 10,000 Joules (e.g. .50 BMG caliber firearms)
Note: In accordance with guidance provided by the RCMP's Canadian Firearms Program, the nominal (i.e. standard) bore diameter measurements for 10 gauge and 12 gauge shotguns are below the 20mm threshold (19.69mm for 10ga, 18.42mm for 12ga) and, therefore, are not subject to the Government of Canada's new restrictions on firearms. Please be advised that some shotguns that are found to be a variant of the prohibited firearms may themselves be considered prohibited firearms.
10. The Regulations also prescribe the upper receivers of M16, AR-10, AR-15 and M4 pattern firearms to be prohibited devices.
Restricted firearms
11. Restricted firearms are:
- (a) handguns that are not prohibited firearms
- (b) firearms that are semi-automatic, centre-fire, have a barrel less than 470 mm long (approximately 18.33 inches), and are not prohibited firearms
- (c) firearms that are designed or adapted to be fired when reduced to a length of less than 660 mm (approximately 25.74 inches) by folding, telescoping, or otherwise; or
- (d) any firearm that is prescribed to be a restricted firearm as listed in the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted
Non-restricted firearms
12. Non-restricted firearms are all "regulated" firearms that are neither classified as prohibited nor restricted firearms. Generally, they include most hunting rifles and shotguns that have not been modified to the extent that they would become prohibited or restricted firearms.
Deactivated firearms
13. A deactivated firearm is a device that was originally manufactured as a firearm, but has since been rendered inoperable by the removal of parts, and by the addition of pins and welds, so that the firearm can no longer chamber or fire ammunition. However, some deactivated firearms may still contain functional parts (e.g. functional bolt, barrel). If so, such parts in themselves will be regulated as per the Criminal Code and the Customs Tariff.
14. A deactivated firearm is not subject to the registration provisions of the Firearms Act. However, a firearm that has been deactivated outside of Canada will be deemed a "regulated" firearm and will therefore require all the appropriate documentation for importation for that class of firearm until the Registrar of Firearms confirms the deactivation.
15. A deactivated firearm is never a replica firearm.
16. A "disabled firearm," where the firing or some other mechanism is altered so that the firearm cannot discharge ammunition, is still legally considered a firearm and thus, all rules and regulations pertaining to active firearms (i.e. licensing and registration) will be applicable.
Firearm parts
17. There are four types of firearms parts:
- (a) the frame or receiver of a firearm. Any frame or receiver of a firearm is considered to be a firearm in its own right
- (b) components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms. Parts that are designed to be used, or can be used on firearms that are not automatic, belong to the fourth type (see below)
- (c) parts that are considered to be prohibited devices, such as certain short handgun barrels and overcapacity magazines (see Prohibited Devices below); or
- (d) all other firearm parts that do not belong to the other three types
Weapons
Prohibited weapons
18. In order for a good to be classified as a prohibited weapon, it must fall within the Criminal Code definition of "prohibited weapon". Only those weapons may be classified under TI 9898.00.00.
19. Not all weapons are necessarily prohibited. Any weapon that is not specifically prohibited by law will generally be admissible. If a weapon does not meet one or more of the definitions contained in the list of prohibited weapons, please consult the "Other weapons" section below.
20. The definition of prohibited weapon is laid out explicitly in the Criminal Code subsection 84(1):
- (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife; or
- (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon
Weapons prescribed as prohibited are listed in Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
"Paragraph (a)" weapons
21. Weapons that fall under paragraph (a) include the following:
- (a) Automatic knife – An automatic knife is one that houses a blade that will open automatically by applying hand pressure to a button, spring, lever, or other device, in or attached to the handle of the knife, including knives that have a button, spring, lever, or other device, located in the spine of the handle and attached to the inner part of the blade
- Note: Knives that have a "thumb stud" attached to the blade of the knife, that is independent of the handle (not protruding from the handle in the closed or folded position), and that open automatically by applying pressure to the thumb stud, do not generally meet the above definition of a prohibited weapon, and as such do not generally fall under TI 9898.00.00. However, if such a knife is found to also open by gravity or by the application of centrifugal force (as per (b) centrifugal knife below) alone, it may still be considered to be prohibited.
- (b) Centrifugal knife (folding knife, butterfly knife, balisong knife) – A centrifugal knife is one that has a blade that opens automatically by centrifugal force when the blade is released from the handle into the fully ejected and locked position with a simple and brisk outwardly flick of the wrist; and it includes knives that require some preliminary or simultaneous minimal manipulation of either a flipper, thumb stud or other non-edged parts of the blade
- Centrifugal force may be defined as a force, arising from the body's inertia, which appears to act on a body moving in a circular path and is directed away from the centre around which the body is moving. That is, centrifugal force is established when the blade of the knife may be opened with a flick of the wrist
- Note: That extra manipulation and a requirement for some skill to release the blade does not prevent a knife from being a prohibited weapon. For example balisong or butterfly knife which is a form of centrifugal knife with two handles that counter-rotate around the blade such that, when closed, the blade is concealed within grooves in the handles
- (c) Gravity knife – A gravity knife is a knife which may be opened automatically by force of gravity. The knife may be additionally controlled by a lever or button, but typically, applying pressure to such a device and pointing the knife downward will result in the knife's blade releasing and locking into place
"Paragraph (b)" weapons
22. The following weapons are prescribed under paragraph (b) (i.e. Criminal Code, subsection 84(1)(b)) to be prohibited as per Part 3the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
Device with incapacitating gas
23. This category includes any device designed for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge of:
- (a) Tear gas – Tear gas is a non-specific term for any chemical that is used to cause temporary incapacitation through irritation of eyes, skin, mucous membranes, and/or respiratory system. Common tear gases include CS (chlorobenzalmalononitrile), CN (chloroacetophenone), and CR (dibenzoxazepine)
- (b) Mace – Mace is the brand name of the product manufactured by Mace Security International. Many other companies manufacture similar products under different brand names. Mace and similar products are a particular type of irritating gas in the form of an aerosol dispenser that is used to cause temporary incapacitation through irritation of eyes, skin, mucous membranes, and/or respiratory system, sometimes causing temporary blindness. It is typically sold and marketed as a self-defence device
- (c) Any other spray designed to be used against humans (e.g. "pepper spray") – These are chemical agents, often packaged in the form of aerosol sprays, made with the active ingredient capsaicin. Pepper spray is also known as OC (oleoresin capsicum) spray or OC gas. It is used to cause temporary incapacitation through irritation of eyes, skin, mucous membranes, and/or respiratory system, sometimes causing temporary blindness. In addition, some devices labelled as "pepper spray" may also contain Mace and/or tear gas
- Exception: Aerosol or similar dispensers that contain substances capable of repelling or subduing animals (e.g. dog or bear repellent) are not considered prohibited weapons if:
- (i) The label of the container indicates specifically that it is for use against animals only; and
- (ii) The provisions of the Pest Control Products Act are met
- Note: In order for a device or dispenser to be considered to meet the above criteria, it must be apparent that the device was designed exclusively for the control or use against animals. The manufacturer's label and specifications will be deemed as the design of the product. The misuse of these or any other similar device may nonetheless be punishable under other laws.
Please note that there is no minimum quantity or capacity requirements (in terms of grams or milliliters) in making the determination with respect to animal repellents
- (d) Device with incapacitating liquid/spray/powder – This category includes "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge of any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person".
Nunchaku sticks (a.k.a. Liang Ji Gun/Ee Cheol Bong/Nisetsuken)
24. Any instrument or device commonly known as "nunchaku" being hard non flexible sticks, clubs, pipes, or rods linked by a length or lengths of rope, cord, wire or chain, and any similar instrument or device. The definition of "nunchaku" also includes Sanjiegun (or Three-Section-Staff) or any other similar device. On the other hand, "training nunchakus" (these are nunchakus that are light, flexible and covered in foam or any other soft material or fabric) are not considered prohibited weapons.
Shuriken/Shaken (throwing stars)
25. Any instrument or device commonly known as "shuriken", being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or other geometrical shape, and any similar instrument or device.
Manrikigusari/Kusari (fighting chain)
26. These are defined as any instrument or device commonly known as "manrikigusari" or "kusari", being hexagonal or other geometrically shaped hard weights or hand grips linked by a length or lengths of rope, cord, wire or chain, and any similar instrument or device.
Bladed finger ring
27. Any finger ring that has one or more blades or sharp protrusions and that are capable of being projected from the surface of the ring.
Many rings may include decorative bumps or edges in their design. It is important to distinguish these from blades or spikes that are clearly designed and intended to function as weapons.
Note: Some ring weapons that do not meet the definition of bladed finger ring may still be prohibited if they meet the definition of push dagger (para. 31) or brass knuckle (para. 43).
Device with incapacitating electric charge
28. This category includes any device that is designed to be capable of injuring, immobilizing or incapacitating a person or an animal by discharging an electrical charge produced by means of the amplification or accumulation of the electrical current generated by a battery, where the device is designed or altered so that the electrical charge may be discharged when the device is of a length of less than 480 mm, and any similar device. Examples of these are stun guns, stun flashlights, zap canes, stun batons or other types of electric-shock devices.
Note: Some devices greater than 480mm in length may be considered prohibited as "similar devices".
Note: A firearm capable of discharging a dart or other object carrying an electrical current or substance, including the firearm of the design commonly known as the Taser Public Defender and any variant or modified version of it, may meet the definition of a prohibited firearm.
Cross-bows
29. A cross-bow is a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, bolt, quarrel, or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person. The following types of cross-bows are considered to be prohibited weapons:
- (a) cross-bow for one-handed use – designed or altered to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; or
- (b) cross-bow 500mm or shorter – having a length not exceeding 500 mm including the stirrup
"Constant Companion" (belt buckle knife)
30. The device known as the "Constant Companion", being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade, and any similar device.
Push-dagger
31. Any knife commonly known as a "push dagger" that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade (or blades) and any other similar device other than the aboriginal "ulu" knife. Some decorative or fantasy knives such as the "Kit Rae Fang of Baelin" knives may be considered push-daggers.
Device shorter than 30 cm with concealed knife blade (e.g. knife comb)
32. Any device having a length of less than 30 cm and resembling an innocuous object but designed to conceal a knife or blade, including, but not limited to, the device commonly known as the "knife comb", being a comb with the handle of the comb forming a handle for the knife, and any similar device. An innocuous object, for the purposes of TI 9898.00.00, is defined as an item that a reasonable person would usually perceive to be harmless, and thus would be surprised to find a weapon or sharp blade concealed within it. In addition to the "knife-comb", other examples of weapons concealed in innocuous objects include penknives, lipstick knives and certain types of necklace knives. Knives contained in credit card-sized cases clearly resembling real credit cards and designed as weapons will also be considered prohibited weapons.
33. The following generally do not meet the definition of a prohibited weapon, and thus do not fall under TI 9898.00.00 (therefore admissible). The misuse of these weapons may nonetheless be punishable under other laws:
- (a) Sword canes/umbrella daggers more than 30 cm in length – These are swords contained in canes, frequently where the handle of the cane also serves as a handle for the sword which is sheathed inside the cane's/umbrella's shaft
- (b) Multi-tools/card tools – These are typically credit card-sized plastic cases that contain a number of small functional items such as scissors, a compass, tweezers, etc. These tools will almost always include a small blade or knife that is concealed by the plastic case. They are not designed as weapons but as functional tools
Spiked wristband
34. A spiked wristband is a wristband to which a spike or blade is affixed, and any similar device. There are a number of variations on spiked wristbands. In order for a wristband to fall under the prohibited weapon definition, it must first be established that the wristband is in fact a weapon.
35. Wristbands made from a sturdy or thick material with sharp spikes protruding from the band are considered prohibited weapons.
36. The following goods generally do not meet the definition of a prohibited weapon, and thus do not fall under TI 9898.00.00. Their misuse may nonetheless be punishable under other laws:
- (a) wristbands made of a weak material may not be effective as weapons
- (b) wristbands with dull "studs" which may not be effective as weapons
- (c) spiked necklaces, ankle bracelets, belts, boots, spiked gloves and gauntlets or any other item of jewellery or clothing to which spikes are affixed
Blowgun (Yaqua Blowgun)
37. The device commonly known as a "Yaqua Blowgun", being a tube or pipe designed for the purpose of shooting arrows or darts by the breath, and any similar device. Blowguns are hollow tubes typically made of wood or plastic with an opening at each end. Darts or arrows are placed in one end, and forced out the other end using the force of the operator's breath. The darts used may be made of metal, plastic or wood, and can occasionally be made with poison tips.
Kiyoga Baton/Steel Cobra
38. The device commonly known as a "Kiyoga Baton" or "Steel Cobra" and any similar device consisting of a manually triggered telescoping spring loaded steel whip terminated in a heavy calibre striking tip.
39. There are two main types of prohibited telescoping/ expandable batons: spring batons and spring-loaded rigid batons.
40. A spring baton consists of a solid handle, one or more coiled spring body sections, and a solid striking tip or ball at the end furthest from the handle. It is flexible at one or more points and is extended by centrifugal force.
41. A spring-loaded rigid baton consists of a solid handle, one or more solid body sections, and a solid striking tip or ball at the end furthest from the handle. This type of baton has a button or other trigger that releases a spring, which in turn extends the baton automatically. The baton is rigid when extended.
Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
- (a) Centrifugal rigid batons – A baton consisting of a solid handle, one or more solid body sections, and a solid striking tip or ball at the end furthest from the handle. This type of baton usually has no spring or other automatic mechanism, and is deployed through centrifugal force only. It is rigid when extended
- (b) Collapsible batons (telescopic batons, police-style batons) – Batons consisting of sections of different diameter metal or other tubing that nestle inside one another when closed, and through a flick of the wrist extend outwards into a baton, with each section lodging securely inside the adjoining one; no spring is found in the instrument or device
- (c) Slapjack/blackjack/slappers – A sealed pouch (sometimes leather), beavertail or hourglass shaped, containing weights (ex. lead)
Morning star
42. The device commonly known as a "Morning Star" and any similar device consisting of one or more balls of metal or other heavy material studded with spikes and connected to a handle by a length of chain, rope or other flexible material.
Brass knuckles
43. The device known as brass knuckles and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand. Generally, the outer edges of the brass knuckle will be undulated in order to deliver the kinetic force of a punch through a smaller and harder contact area. Brass knuckles can be made of any type of metal. Typically, but not exclusively, brass knuckles are made with four finger holes, though there are many variations. An example of such a variation would be "half knuckles", that is, a band of metal with only two finger holes.
44. Brass knuckles can be combined with other weapons such as knives. These "brass knuckles knives" consist of two parts: a knife blade, and brass knuckles integrated into the handle. The blade part does not generally possess characteristics that would make it fall under the definition of prohibited weapon. Rather, it is the brass knuckles handle that will usually determine the knife's classification as a prohibited weapon. In order for the knife to be prohibited, the brass knuckles part of the knife must meet the definition of "brass knuckles" in the regulations. Therefore, to classify a "brass knuckles knife" as prohibited:
- (a) the handle must be a weapon; and
- (b) that weapon must meet the definition of brass knuckles. It is not sufficient for the blade portion of the knife to be designed as a weapon
Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
- (a) plastic knuckles do not fall within the definition of "brass knuckle"
- (b) D-guard knives (knives with a hand-guard in the form of a "D")
Restricted weapons
45. A restricted weapon is any weapon, other than a firearm, that is prescribed to be a restricted weapon. Currently, there are no regulations prescribing restricted weapons.
Prohibited devices
General
46. A prohibited device is:
- (a) any component or part of a weapon, or any accessory for use with a weapon that is prescribed to be a prohibited device (e.g. any device designed for the purpose of discharging cartridges in rapid succession, the upper receivers of M16, AR-10, AR-15 and M4 pattern firearms, bull-pup stocks, etc.)
- (b) a handgun barrel that is equal to or less than 105 mm (approximately 4.1 inches) in length, but does not include any such handgun barrel that is prescribed where the handgun barrel is used in international sporting competitions governed by the rules of the International Shooting Sport Federation
- (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm, such as silencers (please note that some silencers attached to airsoft guns may also be deemed prohibited devices if they can be used in real firearms)
- (d) large-capacity cartridge magazines prescribed by regulation; or
- (e) a replica firearm
Note: The RCMP has determined that devices with certain characteristics being imported as "solvent traps" or "fuel filters" are considered firearm silencers/suppressors and are prohibited from entering into Canada as per paragraph 46(c). Refer to the RCMP bulletin on Solvent Traps for further information.
Replica firearms
47. "Replica firearm" is defined as any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm.
48. For a device to be a replica firearm it must meet all three requirements:
- (a) it cannot be a firearm, meaning it does not discharge a projectile with sufficient energy to cause serious bodily injury or death to a person. If the device is a firearm, then it cannot be a replica firearm (and vice versa)
- (b) it must resemble exactly, or with near precision, a real existing firearm of an identifiable make and model. With respect to visual examination, note that the maximum observing distance is one at which the equivalent make and model of the firearm can be identified. This distance will vary from one firearm make to the next. For example: A Luger pistol has a very distinctive silhouette as compared to other makes and is therefore more readily identified from further away. The examination of the object is something more than casual, but less than detailed. The device does not need to be so close that markings are identifiable; and
- (c) it cannot be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm (see paragraph 4(a) of this memorandum)
49. In addition, there are other material considerations that must be considered when examining a device suspected of being a replica firearm. Amongst them:
- (a) scale and size
- (b) shape (whether all major parts from the original firearm are reproduced even if they do not move)
50. The following are additional inferences that could be made to suggest a device to be considered a replica firearm. They are not in themselves necessary considerations for a replica firearm determination:
- (a) weight (whether it does feel realistic in weight or whether it is considered "too light")
- (b) fabrication materials (whether it is fabricated in metal, plastic or any other type of casting). For example: some handguns (e.g. GLOCK pistols) are polymer-framed and/or use other non-metallic composites
- (c) whether the parts move or are in a "functioning state" (e.g. slides moving back and forth, cylinder rotating in a model revolver)
- (d) colour (e.g. orange tip, pink or blue colours, translucency). Regulated firearms can come in designer colours and/or with painted tips and may even be partially or completely translucent
51. The following are examples of devices that may be considered replica firearms (however, each device must always be assessed on a case-by-case basis and taking into account all the above-mentioned criteria):
- (a) Toy guns and starter pistols (blank guns) do not generally qualify as firearms. However, some toy or model guns and starter pistols may be designed with very realistic mechanisms or appearances (e.g. colour, size, scale, translucency) and resembling a regulated make and model of a firearm. In such cases, they may be considered replica firearms even if they are made of plastic, die cast zinc, or other material
- (b) Airsoft guns and certain types of paintball guns or markers may qualify as a replica firearm, if the muzzle velocity of the projectile does not cause serious bodily harm and their external features are clearly designed to resemble a specific and readily identifiable make and model of a firearm. To be considered a firearm, within the meaning of s. 2 of the Criminal Code, an airsoft gun, firing a .20g 6mm plastic pellet, must have a muzzle velocity in excess of 111.6 meters per second (366 feet per second)
- Note: In order to determine the velocity of a fully assembled airsoft, the CBSA will only accept manufacturer specifications printed in the instruction manual and/or packaging, or documents provided by the manufacturer stating the airsoft muzzle velocity has been changed from that indicated on the packaging. Additionally, when an airsoft replicates a real firearm and a range in muzzle velocity is provided, which crosses over two classifications, the CBSA will use the highest number quoted by the manufacturer to determine its classification. In other words, when a manufacturer provides a range in fps, such as 350 fps – 390 fps, the item will be classified using 390 fps. In this case it would qualify as a firearm and therefore be admissible, as it falls within the categoryunregulated category. A disassembled airsoft gun (or just a lower receiver) that is imported without manufacturer specifications is considered to have a muzzle velocity of 0 fps and may therefore be deemed a replica firearm if it resembles the receiver of a regulated firearm.
- Exception: The following goods generally do not meet the definition of prohibited device, and thus do not fall under tariff item 9898.00.00 although their misuse may nonetheless be punishable under other laws:
- (i) an air gun or BB/pellet gun that resembles a real make and model of a firearm may not be a replica firearm if it is an "unregulated" firearm (see "Unregulated" firearms); and
- (ii) a disabled or deactivated firearm is not a replica firearm as it was originally intended to be a firearm, and not simply to resemble one
52. With the exception of replica frames and receivers, most parts intended for replica firearms will generally be admissible, subject to other customs requirements such as payment of duties and taxes.
Magazines
53. A magazine is a device or container from which ammunition may be fed into the firing chamber of a firearm. This can be an internal or external component of the firearm. For CBSA purposes, any box, body or case of a disassembled magazine will be deemed a magazine, even if at the time of examination it does not contain a follower, spring or floor plate.
54. Section 84(1) of the Criminal Code states that certain cartridge magazines prescribed by regulations are considered prohibited devices. For a detailed list of prescribed and overcapacity magazines, see Part 4, Section 3, subsection (1) of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
55. Cartridge magazines are generally limited to five rounds for centre-fire automatic or semi-automatic rifles or shotguns and ten rounds for semi-automatic handguns with certain exemptions for rare and valuable magazines. Additional information can be found in Maximum Permitted Magazine Capacity from the Canadian Firearms Program website.
Alteration or modification of a magazine
56. A prescribed cartridge magazine that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that provision if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is capable of containing more than five or ten cartridges, as the case may be.
57. For the purposes of the above, altering or re-manufacturing a cartridge magazine includes:
- (a) the indentation of its casing by forging, casting, swaging or impressing
- (b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or
- (c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as cement, epoxy or other glue
58. This is not necessarily an all-exhaustive list and therefore not the only acceptable methods of converting magazines to five or fewer shots capacity for rifles/shotguns or ten or less for handguns.
Insertion of a rivet
59. The permanent installation of a rivet (which is considered to be sufficiently permanent if it requires a tool to remove) through the casing of the magazine to prevent the magazine follower from moving past the rivet, and therefore not permitting the insertion of more than five/ten cartridges into the magazine is considered an acceptable form of modification. If properly tooled and/or modified in a workmanlike manner, the insertion of a “pop” rivet can be an acceptable way of limiting an otherwise overcapacity magazine. A proper rivet is similar to a “pin” to satisfy the requirements of Part 4, Section 5 of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted concerning the limits of magazine size, and therefore will be accepted for CBSA purposes.
60. In order for the rivet to be acceptable, it should generally:
- (a) be substantial in nature and of substantial strength, it would require the use of a tool to remove it and not be removable by hand
- (b) fit tightly and not be loose
- (c) securely block the follower from going down and actually limit the magazine to legal capacity; and
- (d) not be readily removable (i.e. does not fall out when the magazine is handled or operated repeatedly)
61. All additions or modifications to the magazine must be completed prior to its importation into Canada.
Ammunition
General
62. The following information regarding ammunition has been compiled for ease of reference. Please refer to Memorandum D19-6-1 Import, Export and in Transit Requirements of the Explosives Act and Regulations for more information.
63. Ammunition means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell. The importation of certain types of ammunition is prohibited (see "Prohibited Ammunition" below).
64. Restrictions on the importation of hollow point handgun ammunition no longer apply. Hollow point ammunition for all types of firearms is now admissible.
Prohibited ammunition
65. Prohibited ammunition refers to any ammunition, round, cartridge, or projectile of any kind, that is prescribed to be prohibited in the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
Currently, there are four types of prohibited ammunition:
- (a) any cartridge that is capable of being discharged from a commonly available semi-automatic handgun or revolver and that is manufactured or assembled with a projectile that is designed, manufactured, or altered so as to be capable of penetrating body armour, including KTW, THV and 5.7 x 28 mm P-90 cartridges (the latter applies only to Military SS.90 and SS.190 types of cartridges)
- (b) any projectile that is designed, manufactured, or altered to ignite on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter
- (c) any projectile that is designed, manufactured, or altered to explode on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter; and
- (d) any cartridge that is capable of being discharged from a shotgun and that contains projectiles known as "fléchettes" or any similar projectiles. Fléchettes are small, fin-stabilized darts or arrows
66. Any other projectile for ammunition that does not meet the prohibition criteria of paragraphs (b) and (c) above does not require an import permit.
Note: Other provisions of the Explosives Act may regulate any other type of ammunition not listed above. Please refer to Memorandum D19-6-1 Import, Export and in Transit Requirements of the Explosives Act and Regulations.
Other military goods
67. Other military goods include both goods specifically designed or subsequently modified for military use, such as large calibre armaments, grenade and rocket launchers, high explosive engines or any other war machine. Military goods are listed in the "Import Control List" and the "Export Control List" under the "Export and Import Permits Act".
Import and export procedures
Importation
68. Please note that the importation of both non-restricted and restricted firearms is currently exempt from the import permit requirements under the Export and Import Permits Act.
69. In order to bring a firearm into Canada, the foreign country from where the firearm is being exported may require an International Import Certificate (IIC) from GAC. An IIC is an end-use document that formally recognizes that the Government of Canada is aware of, and has no immediate objections to, the proposed import of specific goods to Canada by the stated importer, for the stated end-use and end-user. The IIC is issued to Canadian applicants, who in turn provide a copy to their foreign supplier(s), who use the IIC to obtain a foreign export permit.
70. Both residents and non-residents must be at least 18 years old to import any firearm. Holders of a Minor's Licence cannot import firearms by themselves.
71. All importations must conform to the safe transportation requirements, please see the section on transportation below for more information.
72. Licences, permits and authorizations, must be in their original form. Reproductions and/or photocopies of these documents will not be accepted. The only exception is in the case of registration certificates, where a copy is acceptable.
73. Please note that foreign "concealed carry authorization and/or permits" do not permit their holders to carry concealed firearms or weapons into or through Canada.
74. Appendix B contains a simplified table of import document requirements for all types of importers included below.
Importation of firearms
75. Licencing and Authorization to Transport (ATT)
Note: Effective , certain provisions of Bill C-71 An Act to amend certain Acts and Regulations in relation to firearms came into force. This includes the requirement to present a paper ATT when importing or exporting restricted or prohibited firearms.
- (a) The ATT is a condition of a firearms licence for certain situations, notably transportation of restricted firearms and/or prohibited firearms to a port of entry/exit, for the purpose of importation and exportation (residents only).
- (b) A paper ATT will be required at the time of importation, for restricted and prohibited firearms, moving to and from a Canadian port of entry within the traveller’s province of residence, for individuals who hold a valid firearms licence
- (c) Non-residents must provide a paper ATT to import restricted firearms
76. Those residents who arrive in Canada that have not acquired a Possession and Acquisition Licence (PAL) who are attempting to import a newly acquired firearm do not have the option of having the firearm held by CBSA. No 14 day holding period will be granted. The importer may choose to abandon the goods to the Crown, or to export the firearm.
Non-restricted firearms
Personal importations by residents - re-importation of firearms
77. Residents may re-import non-restricted firearms into Canada or may move them in transit through Canada if they present a valid Possession and Acquisition Licence (PAL) authorizing possession of that class of firearm.
Note: A BSF407 Identification of Articles for Temporary Exportation form listing the firearm is recommended to show that it has not been purchased outside of Canada. The BSF407 form may also be used for firearms that were purchased outside of Canada and previously imported into Canada.
Personal importations by residents of newly acquired firearms
78. Residents may import newly acquired non-restricted firearms into Canada or may move them in transit through Canada if they present a valid Possession and Acquisition Licence (PAL) authorizing the possession of a non-restricted firearm.
79. It is not necessary for Canadian residents to demonstrate a valid purpose in order to import a non-restricted firearm.
Note: Quebec Residents – For information purposes only: The Firearms Registration Act came into force on in the province of Quebec. All Quebec residents who own non-restricted firearms must register these firearms. The owners of non-restricted firearms are responsible for registering such firearms with the Service d'immatriculation des armes à feu (SIAF) du Québec, even if the firearms were already registered in the former Canadian Firearms Registry. The CBSA will not require presentation of Quebec non-restricted registration certificates upon entry into Canada.
Personal importations by settlers, temporary or former residents
80. Settlers, temporary or former residents may import non-restricted firearms as part of their effects if they present a valid Possession and Acquisition Licence (PAL) authorizing possession of that class of firearm.
81. If the settler, temporary or former resident does not have a licence for the non-restricted firearm, they may:
- (a) complete a Non-resident Firearm Declaration (NRFD) (RCMP 5589) and, if applicable, a Non-resident Firearm Declaration Continuation Sheet (RCMP 5590)
- (b) pay the confirmation fee
- (c) have the form confirmed by the border services officer. The form will be valid for 60 days and allow the individual time to apply for a licence
Personal importations by non-residents
82. Unlike Canadian residents, non-residents importing non-restricted firearms will always need to have a valid purpose for importing. Valid purposes can include (but are not limited to) the following:
- (a) hunting during the applicable hunting season
- (b) use in competitions
- (c) repair
- (d) re-enactments
- (e) in transit movement (i.e. moving in the most direct route possible from point A to point B, through Canada)
- (f) protection against wildlife in remote areas
83. A Border Services Officer must be satisfied that the circumstances warrant the firearm being imported. Non-residents who are proceeding to a Canadian national park should be advised that many national parks do not allow firearms. In addition, non-residents under 18 years of age are not permitted to transfer their firearm to an adult to ensure its importation. Please note that only non-restricted firearms can be used for hunting purposes and protection against wildlife in remote areas. Use of firearms for personal protection or protection of property is not deemed a valid purpose to import firearms into Canada.
Non-resident with a Canadian firearms license
84. Non-residents may import non-restricted firearms into Canada or may move them in transit through Canada if they:
- (a) have a valid purpose for importing the firearms, and
- (b) have a valid Possession and Acquisition Licence (PAL) authorizing possession of that class of firearm
Non-resident without a Canadian firearms licence
85. If the non-resident does not have a licence, they must:
- (a) have a valid purpose for importing the firearm(s)
- (b) complete a Non-resident Firearm Declaration (NRFD) form RCMP 5589 and, if applicable, a Non-resident Firearm Declaration Continuation Sheet (RCMP 5590)
- (c) pay the confirmation fee, and
- (d) have the NRFD confirmed by the Border Services Officer
86. Once confirmed, the NRFD acts as a temporary licence for the non-resident for the firearm(s) listed.
Note: The confirmation fee is valid for 60 days from the date of payment and covers all firearms on the declaration. On any subsequent importation within the 60 day period of the same non-restricted firearm(s), the border services officer will match the firearm(s) to the original NRFD, but no additional fee is payable.
Note: In certain situations, such as a trip cancellation, a non-resident may request a refund. NRFD refund requests must be mailed to the following address:
Canadian Firearms Program
Royal Canadian Mounted Police Headquarters
73 Leiken Dr.
Ottawa, Ontario K1A 0R2
To be considered for approval, refund requests must include all of the following items:
- (a) a legible copy (photocopies acceptable) of your NRFD (Form RCMP 5589)
- (b) a legible copy of the general receipt that is issued when the NRFD is completed
- (c) specific details to warrant the request
- (d) if the original NRFD was paid with a credit card, a credit card number and expiry date relating to the original payment must be provided with the refund request
- (e) the mailing address for the refund
Note: Refunds are not processed by the CBSA.
Restricted firearms
Personal importations by residents – re-importation of firearms
87. Re-importation of firearms – Residents may re-import restricted firearms into Canada or may move them in transit through Canada if they present:
- (a) a valid PAL authorizing possession of that class of firearm
- (b) a valid registration certificate for the firearm, and
- (c) a valid Authorization to Transport (ATT)
88. If the resident does not present all of the documents listed above they have the option of exporting or abandoning the firearm, or of having it held by the CBSA. The CBSA may hold the firearm for 14 days on a BSF241, Non-monetary General Receipt while the resident satisfies the outstanding documentation requirements. If, after 14 days the resident is unable to satisfy the outstanding documentation requirements, the firearm will become forfeit and the port is authorized to dispose of the firearm(s) by approved means. Within this time, the importer will be able to:
- (a) export the firearm under CBSA supervision
- (b) abandon the firearm to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
Note: A BSF407 Identification of Articles for Temporary Exportation form listing the firearm is not sufficient documentation for re-importation.
Personal importation by residents – newly acquired firearms
89. Residents may import newly acquired restricted firearms into Canada or may move them in transit through Canada if they present:
- (a) a PAL authorizing the possession of a restricted firearm
- (b) a valid registration certificate for the firearm. The resident should arrange with the Canadian Firearms Program (CFP) to have the firearm registered prior to arriving at the CBSA port office, and
- (c) a valid ATT
90. If the resident does not have a registration certificate for the restricted firearm they wish to import, they have the option of exporting or abandoning the firearm, or of having it held by the CBSA. The CBSA may hold the firearm for 14 days on a BSF241, Non-monetary General Receipt while the resident satisfies the outstanding documentation requirements. The resident should be advised to complete an Application to Register Firearms (for Individuals) (RCMP 5624, available on the CFP Web site) in order to receive a registration certificate. The resident may contact the CFP at 1-800-731-4000 for additional information. Residents must make bona fide efforts to obtain the missing documentation as quickly as possible. Storage charges may apply in such circumstances.
91. If, after 14 days the resident is unable to satisfy the outstanding documentation requirements, the firearm will become forfeit and the port is authorized to dispose of the firearm(s) by approved means. Within this time, the importer will be able to:
- (a) export the firearm under CBSA supervision
- (b) abandon the firearm to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
92. Those residents who arrive in Canada without a Possession and Acquisition Licence (PAL) who are attempting to import a newly acquired firearm do not have the option of having the firearm held by CBSA. No 14 day holding period will be granted. The importer may choose to abandon the goods to the Crown, or to export the firearm.
93. It is not necessary for Canadian residents to demonstrate a valid purpose in order to import a restricted firearm.
94. Form B15, Casual Goods Accounting Document must show the PAL and provide a complete description of the firearm, including make, model, and serial number.
Personal importations by settlers, temporary or former residents
95. Settlers, temporary or former residents may import restricted firearms as part of their effects if they present:
- (a) a valid PAL authorizing possession of that class of firearm
- (b) a valid registration certificate for the firearm, and
- (c) a valid ATT
96. If the settler, temporary or former resident does not have a licence, registration certificate or ATT for the restricted firearm(s), they may:
- (a) obtain an ATT from the CFO of the province in which they present themselves or where they are to reside
- (b) complete a Non-resident Firearm Declaration (RCMP 5589) and, if applicable, a Non-resident Firearm Declaration Continuation Sheet (RCMP 5590)
- (c) pay the confirmation fee, and
- (d) have the form confirmed for 60 days by the Border Services Officer
97. If the settler, former or temporary resident arrives outside of CFP business hours (i.e. 9-5 Monday to Friday), the settler, former or temporary resident is to be advised to complete the NRFD and pay the confirmation fee. The CBSA may then hold the firearm for 14 days on a BSF241 form while the settler, former or temporary resident obtains an ATT. If, after 14 days the resident is unable to satisfy the outstanding documentation requirements, the firearm will become forfeit and the port is authorized to dispose of the firearm(s) by approved means. The settler, former or temporary resident may contact the CFP at 1-800-731-4000 for additional information. Settlers, former or temporary residents must make bona fide efforts to obtain the ATT as quickly as possible. Storage and transportation charges may apply in such circumstances. Within this time, the importer will be able to:
- (a) export the firearm under CBSA supervision
- (b) abandon the firearm to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
98. Once the ATT has been obtained the firearm(s) may be shipped to the settler, former or temporary resident by using the most secure means of transmission offered by Canada Post that includes the requirement to obtain a signature on delivery, with the white copy of the confirmed NRFD and a copy of the ATT.
Personal importations by non-residents – Licensed
99. Non-residents may import restricted firearms into Canada or may move them in transit through Canada if they have:
- (a) a valid purpose for importing the firearms
- (b) a valid PAL authorizing possession of that class of firearm
- (c) a valid registration certificate for the firearm, and
- (d) a valid ATT
100. If the non-resident does not have all of the documentation listed above for the restricted firearm(s) they wish to import, they must:
- (a) complete a Non-resident Firearm Declaration (RCMP 5589) and, if applicable, a Non-resident Firearm Declaration Continuation Sheet (RCMP 5590)
- (b) pay the confirmation fee, and
- (c) have the form confirmed by the border services officer for either: the length of the ATT; or, 60 days, whichever is shorter
- Once confirmed, in this case, the NRFD acts as a temporary registration for the firearm(s) listed.
Note: The confirmation fee is valid for 60 days from the date of payment and covers all firearms on the declaration. On any subsequent importation within the 60 day period of the same restricted firearm(s), the border services officer will match the firearm(s) to the original NRFD and check the validity of the ATT, but no additional fee is payable. If the non-resident does not have the ATT, CBSA may hold the firearm for 14 days while the non-resident satisfies the outstanding documentation requirements. If, after 14 days the resident is unable to satisfy the outstanding documentation requirements, the firearm will become forfeit and the port is authorized to dispose of the firearm(s) by approved means. Non-residents must make bona fide efforts to obtain the missing documentation as quickly as possible. Storage and transportation charges may apply. Within this time, the importer will be able to:
- (a) export the firearm under CBSA supervision
- (b) abandon the firearm to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
Prohibited firearms
Personal importations by residents re-importation of firearms
101. Residents and former residents are only permitted to import a prohibited firearm if it was perviously exported on a temporary basis.
They must meet the following requirements:
- (a) they properly exported the firearm(s) (i.e. presented a temporary export permit to the CBSA upon exportation)
- (b) present a valid import permit from GAC for that firearm
- (c) present a valid PAL authorizing possession of that class of firearm
- (d) present valid registration certificate for the firearm, and
- (e) present a valid ATT
102. If the resident does not meet all the requirements listed above they have the option of exporting or abandoning the firearm, or of having it held by the CBSA. The CBSA may hold the firearm for 14 days on a BSF241, Non-monetary General Receipt form while the resident satisfies the outstanding documentation requirements. If, after 14 days the resident is unable to satisfy the outstanding documentation requirements, the firearm will become forfeit and the port is authorized to dispose of the firearm(s) by approved means. Storage and transportation charges may apply. Within this time, the importer will be able to:
- (a) export the firearm under CBSA supervision
- (b) abandon the firearm to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
Note: A BSF407 Identification of Articles for Temporary Exportation form, listing the firearm, is not sufficient documentation for re-importation.
Personal importation by residents – newly acquired firearms
103. Residents may not import newly acquired prohibited firearms into Canada or move them in transit through Canada.
Personal importations by non-residents
104. Non-residents may not import prohibited firearms. This includes movements in transit through Canada.
Personal importations by settlers and temporary residents
105. Settlers and temporary residents may not import prohibited firearms as part of their effects.
Personal importations by former residents
106. Former residents may import prohibited firearms as part of their effects if they:
- (a) have been in continuous legal ownership of the firearm(s) since they left Canada
- (b) properly exported the firearm(s) (i.e. presented a temporary export permit from GAC to the CBSA upon exportation)
- (c) present a valid PAL authorizing possession of that class of firearm
- (d) present a valid registration certificate for the firearm
- (e) present an import permit for the firearm(s), and
- (f) present a valid ATT from the CFO of the province in which they present themselves or where they are to reside
107. If the former resident does not meet all the requirements listed above they have the option of either exporting or abandoning the firearm to the CBSA.
"Unregulated" and deactivated firearms (including antique firearms)
"Unregulated" firearms
108. Residents, non-residents, businesses and public officers may all import "unregulated" firearms. No firearms licences, authorizations, permits or registration certificates are required. In the case of antique firearms, they must comply with safe transportation, handling and transportation requirements.
Deactivated firearms
109. In the case of a firearm that has been deactivated outside Canada, that firearm will be treated as an "active firearm" (one that is not deactivated) until it is in Canada and the Registrar of Firearms confirms the deactivation status. Thus, to import such a firearm, the importer will need a valid licence allowing the importer to import that class of firearm and they will need a registration certificate for the firearm, and in the case of a prohibited firearm, an import permit. Once the Registrar of Firearms has confirmed that the firearm modification meets Canadian deactivation standards, the firearm may be de-registered.
Firearm parts
110. For the importation of frames or receivers, the requirements are the same as for the importation of the firearm for which the frame/receiver was designed (see definitions of firearm and receiver). Border services officers will also ensure that the firearm parts are not prohibited devices in themselves (see "Prohibited Devices").
Note: Receiver blanks are considered to be a regulated firearm if they are manufactured to become a regulated firearm receivers. The requirements are the same as for the importation of the firearm for which the receiver blank was designed.
111. The importation of parts for prohibited firearms is controlled by the Export and Import Permits Act. An import permit may be required for such goods. If a component or part is declared, but the correct authorizations, licences, or permits are not available, then the parts are prohibited from entering Canada. More information on the import permit requirements for prohibited firearms parts may be obtained by contacting GAC.
Personal importations by residents and former residents
112. Residents may re-import components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms and may import such parts newly acquired outside of Canada, as long the person presents:
- (a) a valid PAL authorizing possession of that type of prohibited firearm for which the part is designed, and
- (b) an import permit for the component(s) or part(s) and a temporary export permit issued by GAC
Personal importations by non-residents, settlers or temporary residents
113. Non-residents, settlers or temporary residents may not import components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms.
Other modalities for importing firearms
Commercial (and other types of) importations
Non-restricted firearms
114. Businesses may import non-restricted firearms if they have a valid Firearms Business Licence (FBL). The licence describes the activities the business may conduct regarding non-restricted firearms (e.g. importation, possession, sale, display, storage). A business might also need a carrier licence if it is engaged in the transportation of firearms and the FBL does not specify transportation of non-restricted firearms (see “Transportation” section). Additional information on commercial importations can be found in the CBSA Memorandum D17-1-4 Release of Commercial Goods.
115. Businesses not carrying on a business in Canada may ship non-restricted firearms in transit through Canada. In this case, no FBL is required.
Note: Public officers acting in the course of their duties, and individuals acting on behalf of and under the authority of a domestic police force, the Canadian Armed Forces, a visiting force, or of a federal or provincial government department may import non-restricted firearms, or move them in transit through Canada. Firearms licences, authorizations, permits or registration certificates are not required.
116. FBLs are only issued to businesses that carry on business, and have a place of business, in Canada. The importer of record must have a FBL in the name of the business, which outlines their permitted activities. Non-resident businesses cannot import regulated goods and cannot provide the FBL of the consignee to import regulated goods into Canada.
Restricted firearms
117. The same requirements as for non-restricted firearms also apply to the importation of restricted firearms by businesses and other types of importers (Government, military, police, etc.). Border Services Officers will ensure that, in the case of commercial importations, the FBL indicates the business in question is allowed to import restricted firearms.
Prohibited firearms
118. The same requirements as for restricted and non-restricted firearms also apply to the importation of prohibited firearms by businesses and other types of importers (Government, military, police, etc.). However, Border Services Officers will ensure that, in the case of commercial importations, the FBL indicates the business in question is allowed to import prohibited firearms.
119. The importation of prohibited firearms is also controlled by the Export and Import Permits Act. An import permit will thus be required for such goods. If a prohibited firearm is declared, but falls within TI 9898.00.00 because the correct authorizations, licences, or permits are not available, then the prohibited firearms are prohibited from entering Canada. More information on the import permit requirements for prohibited firearms may be obtained by contacting GAC.
Firearm parts
120. Businesses may import components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, as long they present:
- (a) a valid FBL specifically permitting the importation of prohibited firearms, and
- (b) an import permit for the component(s) or part(s)
CANPASS
121. Under the terms and conditions of the CANPASS Private Boats and Private and Corporate Aircraft programs, authorization holders may import non-restricted firearms provided they are declared in advance to the CBSA and meet all import and documentation requirements as per above. Restricted and prohibited firearms cannot be imported under the terms and conditions of any CANPASS program.
Foreign law enforcement officers
122. Section 97 of the Firearms Act provides the Governor in Council and, to a more limited extent, a federal Minister the power to exempt non-residents from the application of any of the provisions of the Firearms Act, or regulations, or certain provisions of the Criminal Code (including the import requirements under the Customs Act, the Firearms Act, etc.).
123. Canadian law enforcement agencies may designate or appoint foreign law enforcement officers on official duty as supernumerary or special constables of their force for the duration of their stay in Canada. This is common when foreign law enforcement officers come to Canada for training purposes, tactical or shooting competitions, or joint force operations. When this status is provided to a foreign law enforcement officer, the officer takes on the role of a peace officer for the Canadian agency.
124. The law enforcement agency must contact an authorizing Canadian agent for supernumerary or special constables to request this status for foreign law enforcement officers. Please refer to Appendix C for authorizing Canadian agents for each province or territory.
125. Upon arrival at a CBSA port, the officer must produce a duly authorized letter or certificate from the Canadian law enforcement agency indicating:
- (a) the officer's name
- (b) destination in Canada
- (c) date of departure
- (d) specifics of the firearm, and
- (e) under what Canadian agency's authority the firearm is being imported
126. The letter or certificate permits the foreign enforcement officer to enter Canada with the service firearm only for the time specified on the documentation.
127. Canadian law enforcement agencies will not grant this status to foreign enforcement officers coming to Canada for parades or ceremonies.
Note: U.S. bail enforcement agents or fugitive recovery agents (also known as "bounty hunters") are not considered law enforcement officers and cannot undertake their activities here; as such an institution does not exist in Canada.
Foreign officials escorting visiting dignitaries
128. Under very special circumstances, the Commissioner of the RCMP may issue a Certificate of Appointment to named visiting foreign dignitaries and accompanying security officers, appointing them as supernumerary special constables for a specified period. This appointment grants them the power to act as peace officers in Canada, while under the supervision of the RCMP. This appointment provides them with consent to carry their firearm while in active performance of their duties, and the following requirements must be met:
- (a) notification must be provided to CBSA at the point of arrival
- (b) the foreign dignitary or security officer has to be met by the RCMP in the CBSA area
- (c) the individual must have a copy of the certificate of appointment in his or her possession; or the certificate of appointment must be presented by the RCMP at that time, and
- (d) the individual must remain under RCMP direction
129. In those instances where no such designation is applicable, the RCMP will arrange to meet the entourage and take possession of the firearms and/or weapons where prior notification has been received concerning the visit. Where no notification has been received by the RCMP, the CBSA will follow regular procedures for handling non-restricted, restricted or prohibited firearms and/or weapons imported by non-residents.
Canadian law enforcement officers
130. In the case of Canadian law enforcement officers (such as police officers) importing firearms, the firearm in question may be imported only when it is being acquired during the function of that person's duties or employment. The officer must have a letter of authorization from the chief of the agency in question stating that the firearm(s) is being transported directly to the agency involved. If the officer does not possess the necessary documentation proving their status as public officer and the letter of authorization, they must be processed as an individual resident importing firearm(s).
131. Firearms that are being shipped to a law enforcement agency may be released only to an authorized member of that agency, the importer in question, or a licensed carrier. There must be a separate purchase order or letter of authorization from the agency for each shipment. In addition one of the following requirements must be met before CBSA can release the goods:
- (a) If the goods are released to an authorized member of the agency importing the goods, a letter of authorization from the chief of the agency or equivalent must be presented to CBSA identifying the person as an employee of that particular agency and indicating that the firearms are being transported for and being delivered directly to the agency in question, or
- (b) If the goods are released directly to the importer acting on behalf of the agency, a copy of a purchase order or a letter of authorization from the agency must be presented to the CBSA, or
- (c) If the goods are released to a licensed carrier, a written authorization from the CFO naming the carrier involved and a copy of the purchase order or a letter of authorization from the agency importing the goods must be presented to the CBSA
Armoured vehicle guards
132. All armoured vehicle guard employees entering Canada with a firearm will require a Canadian Possession and Acquisition Licence (PAL) and an approved Authorization to Carry (ATC) from the Chief Firearms Officer (CFO) of the provinces/territories they are entering and/or transiting. The firearms must be registered with the armoured vehicle business licence. These conditions are the same whether the employee is a resident or non-resident.
133. An armoured vehicle business should contact the CFO of each jurisdiction they expect their employees to enter/transit through since each CFO determines the ATC issuing requirements in accordance with the Firearms Act and the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations. ATC requirements can differ across jurisdictions.
Canadian Armed Forces
134. The Firearms Act and the EIPA do not apply to the Canadian Armed Forces. However, in order to import firearms and weapons on behalf of another country, the Canadian Armed Forces must obtain import permits from GAC.
135. The following conditions must be met before the goods are released by the CBSA.
There must be separate purchase order or letter of authorization from a DND commanding officer for each shipment. In addition one of the following requirements must be met before CBSA can release the goods:
- (a) If the goods are released to a member of the Canadian Armed Forces, a letter of authorization from a Department of National Defence (DND) Commanding Officer must be presented to CBSA identifying the person as an employee of the Canadian Armed Forces and indicating that the firearms are being transported for and being delivered directly to the Canadian Armed Forces, or
- (b) If the goods are released directly to the importer acting on behalf of the Canadian Armed Forces, a copy of a purchase order or a letter of authorization from a DND Commanding Officer must be presented to the CBSA indicating that the goods must be delivered directly to the Canadian Armed Forces, or
- (c) If the goods are released to a licensed carrier, a copy of the purchase order or a letter of authorization must be presented to the CBSA
136. In the case of Canadian Armed Forces personnel importing firearms or weapons on their own, the importation must be for official military business and the person in question must present proper travel orders and a letter of authorization from his or her DND Commanding Officer. The goods must be transported directly to a Canadian Armed Forces premises.
137. Military personnel of the Canadian Armed Forces returning from overseas missions are not allowed to bring in unlawfully acquired firearms, weapons, or any other similar device for personal purposes, such as war trophies, personal memorabilia, field souvenirs, etc.
Visiting forces
138. A member of a visiting armed force must be travelling on official military business with travel orders and have authorized identification and written authorization to transport from his or her commanding officer stating that the firearm or weapon will be transported directly to the base of the visiting forces member. Persons who cannot substantiate their status as a visiting force must be treated as non-residents and, if they are in possession of a non-restricted or restricted firearm, they will be required to possess all the appropriate documentation (NRFD, licensing, registration, ATT, etc.).
Special rules regulating the importation of firearms by museums
139. Museums, like businesses, may import firearms, weapons and other goods regulated under the Firearms Act of the class(es) listed on their Firearms Business Licence.
140. Museums that import firearms, weapons and other regulated goods must present:
- (a) their FBL; and if applicable
- (b) an import permit
141. A shipment of firearms and goods that is regulated under the Firearms Act and imported by or on behalf of a museum may only be released by the CBSA to an authorized employee of the museum or to a licensed carrier.
142. The authorized employee must present to the CBSA the letter signed by the director of the museum identifying the person as an employee of that particular museum.
Importation of prohibited weapons and prohibited devices
Personal importations by residents, non-residents, settlers, temporary and former residents
143. Residents, non-residents, settlers, temporary and former residents may not import prohibited weapons or devices.
Commercial importations
144. Businesses cannot import prohibited weapons or devices, unless the business in question possesses a valid FBL that allows their importation.
145. For example: a replica firearm, which is a prohibited device under the Criminal Code, the Firearms Act and TI 9898.00.00, may lawfully be imported into Canada if the importer possesses the required FBL issued by a CFO that indicates that the named business may import prohibited devices for prescribed purposes (e.g. the use of replica firearms as props in the making of a motion picture, television, or theatrical productions). Prohibited weapons and certain prohibited devices (such as replica firearms) do not fall under the "Import Control List" of the Export and Import Permits Act. Thus, no import permits from GAC are required to import them (do not confuse the latter with the above-mentioned FBL which is required).
Importations by public officers
146. Public officers acting in the course of their duties, and individuals acting on behalf of and under the authority of a domestic police force, the Canadian Armed Forces, a visiting force, or of a federal or provincial department may import prohibited weapons or devices, or move them in transit through Canada. Their importation must be for official business. Firearms licences, authorizations, permits or registration certificates are not required, but proof of official status and approval from the public officer's superior(s) must be confirmed. Public officers or other such individuals cannot import prohibited weapons or devices by mail.
Importation of ammunition
147. For comprehensive information on ammunition and explosives permit requirements, see Memorandum D19-6-1, Import, Export and in Transit Requirements of the Explosives Act and Regulations.
Personal importations by residents
148. Residents may import certain quantities of ammunition. An Explosives Import Permit issued by Natural Resources Canada (NRCan) is not required for the quantities listed below if the ammunition is imported with the person importing it and if it's for private use and not for commercial purposes.
Item | Explosive | Quantity |
---|---|---|
1 | Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging) | 6; and |
2 | Avalanche airbag systems | 3; and |
3 | Small arms cartridges — imported or exported | 5 000, and |
4 | Small arms cartridges — transported in transit | 50 000; and |
5 | Percussion caps (primers) for small arms cartridges — imported or exported | 5 000, and |
6 | Percussion caps (primers) for small arms cartridges — transported in transit | 50 000; and |
7 | Empty primed small arms cartridge cases — imported or exported | 5 000, and |
8 | Empty primed small arms cartridge cases — transported in transit | 50 000; and |
9 | Black powder and hazard category PE 1 black powder substitutes | 8 kg, in containers of 500 g or less, and |
10 | Smokeless powder and hazard category PE 3 black powder substitutes | 8 kg, in containers of 4 kg or less |
Notes:
- (i) Blank cartridges are small arms cartridges
- (ii) Inert / dummy articles and substances (empty of all explosives) are not regulated under the Explosives Act
- (iii) Individuals 18 years of age and over may claim the above exemptions
- (iv) The word “and”, is used to denote that an importer, exporter, or person shipping in transit may import, export, ship in transit any or all of the explosives in the table in a single shipment. The word “and” does not feature in the Explosive Regulations, 2013, but is added here for clarification purposes
- (v) Certain types of ammunition are referred to as being “caseless” since they do not have a cartridge. This type of ammunition requires an import, export or in transit permit from NRCan
- (vi) Only pyrotechnic distress signals and life-saving devices (for example, signals, flares and parachute release devices) that are for the use in the same aircraft, vessel, train or vehicles (already part of its safety equipment) may be imported, exported or shipped in transit without an explosives import permit. If they are imported, exported, shipped in transit for future installation / use in other aircraft, vessel, train or vehicle they will require an explosives import, export, or in transit permit issued by Natural Resources Canada (NRCan)
- (vii) Goods for “commercial purposes” means commercial goods imported into Canada for sale or any commercial, industrial, occupational, institutional or other like use
149. An Explosives In Transit Permit, issued by Natural Resources Canada (NRCan), is required for all in-transit shipments of ammunition for quantities above those listed in paragraph 148.
Personal importations by non-residents
150. Non-residents may import certain quantities of ammunition. As outlined in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-residents, a non-resident may temporarily import under TI 9803.00.00, duty- and tax free:
- (a) 200 rounds of ammunition; or
- (b) 1,500 rounds of ammunition, if the ammunition is for his or her own use at a competition under the auspices of a recognized Canadian shooting or rifle association. The non-resident must prove that he or she is attending a competition, and that the competition is at an approved range (this information can be determined if the range is listed in official directories)
151. Non-residents, who import more than the duty-free allowance of ammunition, as outlined in paragraph 150, but not more than the limits listed in paragraph 150, must pay duty and taxes on the excess amount of ammunition.
152. Non-residents may import certain quantities of ammunition. An Explosives Importation Permit issued by Natural Resources Canada (NRCan) is not required for the quantities listed in Paragraph 148 if the ammunition is imported for private use and not for sale.
153. Non-residents may move ammunition in transit through Canada.
154. A single shipment may consist of safety cartridges, primers, gunpowder, etc., up to the quantities listed above.
155. Caps for toy guns may be imported for private use or sale without an Explosives Importation Permit when packed with individual novelties, other than toy guns, and imported in a quantity of not more than 50 per package.
156. Both residents and non-residents importing ammunition must comply with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.
Commercial and other types of importations
157. The commercial importation of ammunition requires a single use import permit or an annual import permit from NRCan’s Explosives Regulatory Division (ERD). Commercial importations of ammunition that are prohibited by an Order in Council require a single use import permit or an annual import permit from NRCan, a valid FBL and an import permit from GAC.
158. Businesses importing prohibited ammunition must comply with the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.
Importations by public officers
159. In the case of public officers acting in the course of their duties, and individuals acting on behalf of and under the authority of a domestic police force, the Canadian Armed Forces, a visiting force, or of a federal or provincial department, may import ammunition or move it in transit through Canada. The importation must be for official business. Firearms licences, authorizations, permits or registration certificates are not required, but proof of official status and approval from the public officer's superior(s) must be confirmed.
Importation of military goods
160. An import permit issued under the provisions of the Export and Import Permits Act is required to import certain specified military weapons. Under subsection 8(1) of this Act, Canadian residents or businesses can apply to GAC for an import permit to import goods that are on the Import Control List (generally military hardware and munitions). If such permit is issued, it may specify the quantity and quality of the goods to be imported, who can import them, where, and from whom they can be imported, as well as other terms and conditions. The importer must also be duly registered with the Controlled Goods Directorate of Public Works and Government Services Canada (PWGSC) to obtain a permit.
Exportation
161. Section 95 of the Customs Act requires goods exported from Canada to be reported to the CBSA at any prescribed time and place and in any prescribed manner.
162. If you export non-restricted or restricted firearms from Canada to the U.S., you do not have to stop at a CBSA office when you leave the country. However, the United States requires an import permit. The Bureau of Alcohol, Tobacco and Firearms (ATF) in the U.S. issues the required import permit. Applicable forms are available on the ATF website at www.atf.gov. All exports of prohibited firearms to the U.S., must be authorized in advance with an individual export permit issued under the EIPA that must be presented to the CBSA at the time of.
163. All shipments of non-restricted, restricted and prohibited firearms destined for export to countries other than the U.S. are subject to export control under the Export and Import Permits Act and require an export permit issued by GAC. Export permits and export declarations (if required) must be presented to the CBSA office at time of export. Prior to exporting these goods, exporters are advised to verify the import requirements with customs officials in the destination country.
164. Residents may export certain quantities of ammunition. An Explosives Export Permit, issued by Natural Resources Canada (NRCan), is not required for the quantities listed in paragraph 148, if the ammunition is exported with the person exporting it and if it is for private use and not for commercial purposes.
165. In the case of certain prohibited firearms, prohibited devices, components, parts, or ammunition, a company may export them if it has the proper FBL and export permit. An export permit is required to export such goods to the U.S. and most other countries. Before exporting any of these items, individuals and/or companies should check with customs officials in the country to which the goods are exported to verify if these goods are admissible in that country. Additional information on the export of prohibited firearms can be found in the Requirements for exporting prohibited firearms from GAC.
166. Canada became a State Party to the United Nations Arms Trade Treaty on . To ensure full compliance with this Treaty, the Export and Import Permits Act (EIPA) was amended to further strengthen Canada’s export controls. The Minister of Foreign Affairs has issued a General Export Permit (GEP 47) relating to exports to the U.S. of Arms Trade Treaty items identified in the new Group 9 of the Export Control List (ECL) and certain firearms and ammunition referred to in items 2-1 and 2-3 of the following guide, "A Guide to Canada's Export Controls." The objective of GEP 47 is to provide a streamlined permit process for the export of most Arms Trade Treaty items to the U.S. For more information, refer to Notice to Exporters No. 217 – Export of Arms Trade Treaty Items to the United States.
Note: For more detailed information on export regulations, please consult the Guide to Canada's Export Controls published by GAC.
167. Applications for export permits are available from any CBSA office or from the Export Controls Division, GAC, at the following mailing address:
Export Controls Division
Trade Controls Bureau
Global Affairs Canada
125 Sussex Drive
Ottawa ON K1A 0G2
Telephone: 343-203-4331
Fax: 613-996-9933
Email: tie.reception@international.gc.ca
Global affairs Canada
168. For all registered restricted and prohibited firearms being permanently exported from Canada, it is strongly recommended that the exporter contact the CFP, to update the ownership information in the Canadian Firearms Registry. For more information, contact the CFP or call 1-800-731-4000.
Foreign requirements for import and export
169. Importers and exporters are reminded that foreign countries, including the United States, have different legal requirements that apply to the purchase, possession, transportation, importation and exportation of firearms, ammunition, weapons and related items. It is recommended that you contact the appropriate authorities in the country you are visiting, to determine if any requirements apply to your situation.
Transportation
Transportation of firearms and weapons by individuals
170. The following transportation requirements apply to all personal importations and exportations of firearms. The requirements are summarized below. Please consult the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations for further information. The regulations do not apply to public officers. Public officers are:
- (a) peace officers
- (b) members of the Canadian Armed Forces or the armed forces of a state other than Canada who are attached or seconded to the Canadian Armed Forces
- (c) persons training to become police officers or peace officers under the control and supervision of
- (i) a police force; or
- (ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province
- (d) members of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who are authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition, and firearms
- (e) persons or members of a class of persons employed in the Public Service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers; and
- (f) Chief firearms officers or firearms officers
Transporting non-restricted or antique firearms
171. An individual may transport a non-restricted or antique firearm in a vehicle only if the non-restricted or antique firearm is unloaded.
172. An individual may transport a non-restricted or antique firearm in an unattended vehicle only if the non-restricted or antique firearm is unloaded and securely locked in the trunk or similar compartment that can be securely locked. If the vehicle is not equipped with a trunk or similar compartment, the non-restricted or antique firearm must not be visible from outside the vehicle and the vehicle or part of the vehicle that contains the non-restricted/antique firearm must be securely locked.
173. An individual may transport an antique firearm that is a handgun only if it is in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation.
Transporting restricted or prohibited firearms
174. An individual may transport a restricted or prohibited firearm in a vehicle only if the restricted firearm is unloaded, rendered inoperable by means of a secure locking device, and in a locked container that cannot be readily broken open or into or accidentally opened during transportation. If the prohibited firearm is an automatic firearm that has a bolt or bolt carrier that is removable, the bolt or bolt carrier must be removed.
175. If the restricted or prohibited firearm is transported in an unattended vehicle, the firearm must be unloaded and securely locked in the trunk or similar compartment that can be securely locked. If the vehicle is not equipped with a trunk or similar compartment, the container must not be visible from outside the vehicle and the vehicle or part that contains the restricted or prohibited firearm must be securely locked.
Compliance
176. Travellers should be made aware of these transportation requirements to ensure that they comply with them. Firearms will not be allowed to enter Canada until proper transportation requirements have been met.
177. You may obtain more information on the safe transportation of firearms from any Chief Firearms Officer.
Transportation of firearms, weapons and other regulated goods by businesses
178. Commercial carriers that transport firearms, prohibited weapons, prohibited devices, and prohibited ammunition must have a carrier licence or a FBL that permits transportation. A carrier licence will specify the class(es) of goods they are permitted to carry. However, a business that imports or exports firearms, weapons and/or other regulated goods on its own behalf does not require a carrier licence, provided the FBL specifies this activity. For example: ABC Ltd., which uses its own transportation company (ABC Trucking) to import and export non-restricted firearms, does not require a carrier licence in addition to its FBL to transport the goods FBL, as long as its firearms business licence specifies that transportation is one of the listed privileges.
179. A FBL or a carrier licence is not required for foreign based companies that do not carry on business in Canada and that are moving firearms in transit through Canada on an in-transit manifest.
180. An Explosives In Transit Permit, issued by Natural Resources Canada (NRCan), is required for all commercial in-transit shipments of ammunition.
Transporting non-restricted and restricted firearms and prohibited handguns
181. A business may transport non-restricted, restricted firearms or prohibited handguns only if the firearm are unloaded and in a container(s) made of an opaque material of such strength, construction, and nature that it cannot be readily broken open or into or accidentally opened during transportation.
182. If the non-restricted, restricted firearms or prohibited handguns are in an unattended vehicle that is equipped with a trunk or similar compartment that can be securely locked, the container has to be in that trunk or compartment that must be securely locked.
183. If the unattended vehicle in which the firearms have been left is not equipped with a trunk or similar compartment that can be securely locked, the vehicle must be securely locked and the container must not be visible from outside the vehicle.
Transporting prohibited firearms other than prohibited handguns
184. A business may transport a prohibited firearm, other than a prohibited handgun, only if it is unloaded and in a container:
- (a) that is made of an opaque material of such strength, construction, and nature that it cannot be readily broken open or into or accidentally opened during transportation
- (b) that is constructed and sealed so as to prevent it from being opened without breaking the seal or otherwise clearly indicating that it has been opened
185. If it is an automatic firearm that has a bolt or bolt carrier that can be easily removed, the automatic firearm must be made inoperable by removing the bolt or bolt carrier.
186. If the prohibited firearm, other than a prohibited handgun, is in an unattended vehicle that is equipped with a trunk or similar compartment that can be securely locked, the container must be in that trunk or compartment which must be securely locked. If the unattended vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle or the part of the vehicle that contains the container must be securely locked and the container must not be visible from outside the vehicle.
Transporting prohibited weapons, prohibited devices, and prohibited ammunition
187. A business may transport a prohibited weapon, prohibited device, or prohibited ammunition only if it is in a container:
- (a) that is made of an opaque material and is of such strength, construction, and nature that it cannot be readily broken open or into or accidentally opened during transportation
- (b) that is constructed and sealed so as to prevent it from being opened without breaking the seal or otherwise clearly indicating that it has been opened
- (c) that is marked with its contents when it is being imported or exported from Canada
188. If the prohibited weapon, prohibited device, or prohibited ammunition is in an unattended vehicle that is equipped with a trunk or similar compartment that can be securely locked, the container must be in that trunk or compartment and the trunk or compartment must be securely locked. If the unattended vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, must be securely locked and the container must not be visible from outside the vehicle.
Shipping firearms, weapons or devices by mail
189. Both individuals and businesses may ship a firearm by mail only if:
- (a) the firearm is a non-restricted firearm, restricted firearm or prohibited handgun
- (b) the destination is within Canada
- (c) the firearm is posted using the most secure means of transmission by post that is offered by Canada Post that includes the requirement to obtain a signature on delivery, and
- (d) all other requirements met:
- (i) under no circumstances can ammunition or a prohibited firearm (other than a handgun) be shipped by mail
- (ii) "unregulated" firearms can be shipped by mail
- (iii) shipments of firearms and/or weapons that do not comply with established regulations, will be detained by the CBSA
- (iv) inadmissible firearms that have arrived by post may not be returned to sender or exported from Canada by mail
190. If a declared firearm, weapon or device is determined to be admissible, the detaining office will contact the importer/agent to arrange for the release of the goods. At this time, the importer will be advised of any permit, authorization, and/or certificate requirements.
191. If a Canadian resident who declares a firearm, weapon or device to the CBSA does not have the appropriate documentation outlined in this Memorandum the item will be held by the CBSA on a BSF241, Non-monetary General Receipt for up to 14 days. Within this time, the importer will be able to:
- (a) export the firearm, weapon or device under CBSA supervision
- (b) abandon the firearm, weapon or device to the Crown; or
- (c) obtain the applicable permits, authorization, or certificates and present them to the CBSA to obtain release of the goods
192. A non-resident who properly declares a firearm, weapon or device to the CBSA, but does not have the appropriate documentation outlined in this memorandum will be given an opportunity to:
- (a) export the firearm, weapon or device under the CBSA supervision
- (b) abandon the firearm, weapon or device to the Crown; or
- (c) obtain and present to the CBSA the applicable permits/certificates to obtain release of the goods
193. If the firearm, weapon or device that has been declared is determined to be prohibited, the importer/agent of the prohibited classification and give the importer the opportunity to:
- (a) request a re-determination of the tariff classification of the goods. This request must be sent to the regional Trade Appeals unit and comply with the provisions of section 60 of the Customs Act and the procedures outlined in Memorandum D11-6-7, Request under Section 60 of the Customs Act for a Re-determination, a further Re-determination or a Review by the President of the Canada Border Services Agency
- (b) export the firearm, weapon or device; or
- (c) abandon the firearm, weapon or device to the Crown
194. Inadmissible firearms, weapons or devices that are properly declared at the time of importation into Canada can be detained and exported according to sections 101 and 102 of the Customs Act. Goods may be detained under section 101 of the Act to ensure that their entry into Canada complies with all applicable federal laws. Section 102 of the Act provides authority to export such goods in the absence of any other statutory provision. The export of the goods in these circumstances will not result in an offence under the Criminal Code.
195. Therefore, where a firearm, weapon, or device is properly reported to a border services officer when imported into Canada according to the Customs Act, but does not meet relevant federal statutory requirements governing its importation, the border services officer may authorize the firearm, weapon, or device to be exported. The item will be held in a secure area for 14 days while the importer makes the necessary arrangements for the goods to be exported under the CBSA supervision. If, after 14 days the resident is unable to satisfy the necessary requirements, the goods will become forfeit and the port is authorized to dispose of the goods by approved means.
Note: In the case of a prohibited firearm, the exporter should, depending on the circumstances, obtain an export permit from GAC to export the firearm from Canada.
Penalty information
196. A false declaration may result in the assessment of penalties and/or seizure action and may result in prosecution by CBSA Criminal Investigations.
Additional information
197. Questions concerning the information contained in this memorandum should be directed to the Border Information Service at 1-800-461-9999 within Canada. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time / except holidays). TTY is also available within Canada: 1-866-335-3237.
198. The Canadian Firearms Program is responsible for delivering information relating to the Firearms Act to the Canadian public and can be reached at:
Telephone: 1-800-731-4000
Fax: 613-825-0315
RCMP Website
Appendix A – Diagram of how to calculate barrel length and describing parts of a firearm
1. For a revolver, the barrel length is the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder.
2. For other firearms barrel length means the distance from the muzzle of the barrel up to and including the chamber, but not including the length of any component, part, or accessory, including those designed or intended to suppress the muzzle flash or recoil.
Appendix B – Table of import document requirements
Importer | Non-restricted Firearm | Restricted Firearm | Prohibited Firearm |
---|---|---|---|
Business/museum | Valid business licence issued under the Firearms Act that allows the importation of this class of firearm. | Valid business licence issued under the Firearms Act that allows the importation of this class of firearm. | Valid business licence issued under the Firearms Act that allows the importation of this class of firearm. Import permit |
Carrier | Valid carrier licence that allows the transportation of this class of firearm. | Valid carrier licence that allows the transportation of this class of firearm. | Valid carrier licence that allows the transportation of this class of firearm. |
Police force/Canadian Armed Forces/Visiting forces | General Import Permit No. 60 shown on manifest Letter of authorization from chief of police or commanding officer |
General Import Permit No. 60 shown on manifest Letter of authorization from chief of police or commanding officer |
General Import Permit No. 60 shown on manifest Letter of authorization from chief of police or commanding officer |
Resident (previously exported) | Valid PAL | Valid PAL Valid registration certificate for the firearm(s) Authorization to transport |
Valid PAL Valid registration certificate for the firearm(s) Import permit Authorization to transport |
Resident (acquired outside of Canada) | Valid PAL | Valid PAL Valid registration certificate for the firearm(s) Authorization to transport |
Prohibited entry |
Non-resident (non-licensed) * |
At least 18 years of age Non-resident Firearm Declaration Confirmation fee |
At least 18 years of age Authorization to transport required Non-resident Firearm Declaration Confirmation fee |
Prohibited entry |
Non-resident (licensed with registration certificate) * |
At least 18 years of age Valid PAL |
At least 18 years of age Valid PAL Valid registration certificate for the firearm(s) Authorization to transport required |
Prohibited entry except for former residents who present: Valid PAL or POL Valid registration certificate for the firearm(s) Import permit Authorization to transport required |
Non-resident (licensed without registration certificate) * |
At least 18 years of age Valid PAL |
At least 18 years of age Valid PAL Authorization to transport required Non-resident Firearm Declaration Confirmation fee |
Prohibited entry |
* Non-residents include settlers, temporary residents, former residents and seasonal residents.
Appendix C – Authorizing Canadian Agents for Supernumerary or Special Constables
Province/Territory | Authorizing Agents | Legislative Authority |
---|---|---|
Canada-wide | Royal Canadian Mounted Police | Royal Canadian Mounted Police Act |
Newfoundland | (a) Royal Canadian Mounted Police (b) Royal Newfoundland Constabulary |
(a) Royal Canadian Mounted Police Act (b) Royal Newfoundland Constabulary Act |
Nova Scotia | (a) Royal Canadian Mounted Police (b) Attorney General of Nova Scotia |
(a) Royal Canadian Mounted Police Act (b) Nova Scotia's Police Act |
New Brunswick | Royal Canadian Mounted Police | Royal Canadian Mounted Police Act |
Prince Edward Island | (a) Royal Canadian Mounted Police (b) Attorney General of Prince Edward Island |
(a) Royal Canadian Mounted Police Act (b) Prince Edward Island's Police Act |
Quebec | (a) Minister of Public Safety (b) Mayor of Municipality |
(a) Quebec's Police Act (b) Quebec's Police Act |
Ontario | (a) Solicitor General of Ontario (b) Commissioner of the Ontario Provincial Police (c) Police Services Board (Chief of Police) |
(a) Police Services Act (b) Police Services Act (c) Police Services Act |
Manitoba | (a) Royal Canadian Mounted Police (b) Attorney general of Manitoba |
(a) Royal Canadian Mounted Police Act (b) Provincial Police Act |
Saskatchewan | (a) Royal Canadian Mounted Police (b) Provincial Minister of Justice |
(a) Royal Canadian Mounted Police Act (b) Saskatchewan's Police Act, Part v |
Alberta | (a) Royal Canadian Mounted Police (b) Solicitor General of Alberta |
(a) Royal Canadian Mounted Police Act (b) Alberta's Police Act |
Yukon/Nunavut/ Northwest Territories | Royal Canadian Mounted Police | Royal Canadian Mounted Police Act |
British Columbia | (a) Royal Canadian Mounted Police (b) Attorney General of British Columbia (c) Chiefs of the following forces: Vancouver; West Vancouver; Abbotsford; Nelson; Saanich; Victoria; Oak Bay; New Westminster; Esquimalt; Delta; Central Saanich; Port Moody |
(a) Royal Canadian Mounted Police Act (b) British Columbia's Police Act (c) British Columbia's Police Act |
References
- Issuing office
- Other Government Departments Programs Unit
Program and Policy Management Division
Commercial Program Directorate
Commercial and Trade Branch - Headquarters file
- 68515-03
- Legislative references
-
-
Authorizations to Carry Restricted Firearms and Certain Handguns Regulations
Criminal Code
Customs Act
Customs Tariff
Export and Import Permits Act
Explosives Act
Explosives Regulations, 2013
Firearms Act
Pest Control Products Act
Regulations Prescribing Antique Firearms
Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted
Regulations Prescribing Exclusions From Certain Definitions of the Criminal Code (International Sporting Competition Handguns)
Storage of Goods Regulations
Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations
Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
Visiting Forces Act
-
Authorizations to Carry Restricted Firearms and Certain Handguns Regulations
- Other references
- Superseded memorandum D
- D19-13-2 dated
- Date modified: