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Vol. 132, No. 25 — December 9, 1998
Registration
SOR/98-577 27 November, 1998
CUSTOMS TARIFF
Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff
The Minister of Finance, pursuant to section 13 of the Customs Tariff(see footnote a), hereby makes the annexed Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff.
Ottawa, November 27, 1998
Paul Martin
Minister of Finance
REGULATIONS AMENDING THE LIST OF TARIFF PROVISIONS SET OUT IN THE SCHEDULE TO THE CUSTOMS TARIFF
AMENDMENT
1. The description of goods of tariff item No. 9898.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff(see footnote 1) is replaced by the following:
Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this tariff item referred to as prohibited goods, but does not include the following:
(a) prohibited goods imported by
(i) a public officer in the course of the public officer's duties or employment, or
(ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province;
(b) prohibited goods imported by a business that holds a licence authorizing it to acquire and possess those goods, or prohibited goods that are being shipped in transit through Canada by a business that does not carry on business in Canada;
(c) prohibited goods, or any class of prohibited goods, that, under regulations made by the Governor in Council, are exempted from the provisions of this tariff item;
(d) any weapon that, under subsection 84(3) of the Criminal Code, is deemed not to be a firearm;
(e) any firearm, other than a restricted firearm or a prohibited firearm, imported by
(i) a non-resident,
(ii) an individual who holds a licence to acquire and possess that kind of firearm, who is a resident of Canada and who acquired the firearm outside Canada, or
(iii) an individual who is a resident of Canada and who did not acquire the firearm outside Canada;
(f) any restricted firearm imported by
(i) a non-resident who holds an authorization to transport,
(ii) an individual who holds a licence to acquire and possess that kind of firearm and an authorization to transport, who is a resident of Canada and who acquired the firearm outside Canada, or
(iii) an individual who is a resident of Canada, who holds an authorization to transport and who did not acquire the firearm outside Canada;
(g) any prohibited firearm, imported by an individual who is a resident of Canada, who holds an authorization to transport and who did not acquired the firearm outside Canada;
(h) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued under section 8 of the Export and Import Permits Act;
(i) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and
(j) arms, military stores, munitions of war, or classes thereof, that under regulations made by the Governor in Council, are exempted from the provisions of this tariff item.
For the purposes of this tariff item,
(a) "firearms" and "weapon" have the same meaning as in section 2 of the Criminal Code;
(b) "automatic firearm", "licence", "prohibited ammunition", "prohibited device", "prohibited firearm", prohibited weapon,
restricted firearm and "restricted weapon" have the same meanings as in subsection 84(1) of the Criminal Code;
(c) "public officer" has the same meaning as in subsection 117.07(2) of the Criminal Code;
(d) "authorization to transport", "business", "carrier" and "non-resident" have the same meanings as in subsection 2(1) of the Firearms Act; and
(e) "visiting force" has the same meaning as in section 2 of the Visiting Forces Act.
COMING INTO FORCE
2. These Regulations come into force on December 1, 1998.
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
Tariff item No. 9898.00.00 currently prohibits the importation of "offensive weapons", a class which includes all firearms and other weapons, except in certain authorized circumstances. The provision complements Part III of the Criminal Code, which deals generally with firearms control, and the Export and Import Permits Act, which provides for certain import and export controls at the border.
On December 5, 1995, An Act respecting firearms and other weapons was passed and became law, although most of the Act is not yet in force. The Act established substantial changes to the system for controlling firearms and other weapons, and introduced a new Firearms Act, which provides for, among others, the authorized circumstances in which firearms and other weapons may be imported and exported. It also replaced Part III of the Criminal Code and made other amendments to the Code to provide a more complete set of supporting offences.
A comprehensive set of regulations and orders is required to fully implement the new gun control legislation. Most of the Act will be brought into force on December 1, 1998. However, given the impact that this legislation will have on all Canadians who own or seek to acquire firearms, and the time required to establish certain automated processes associated with the program, those aspects dealing with licensing, registration, and the importation and exportation of firearms are being phased in or managed under transitional provisions provided for under the Act.
In this regard, three import-related changes need to be made to the Customs Tariff between now and January 1, 2001. The first is an amendment to tariff item No. 9898.00.00, which is required for December 1, 1998, to bring the Customs Tariff in line with the changed terminology and references in the Firearms Act, the new Part III of the Criminal Code and related regulations that implement the new gun control legislation. Changes made by the new legislation regarding the status of certain firearms and devices will have an impact on the importation of some of the goods covered by the tariff item. For example, certain handguns will move from the restricted class to the prohibited class, and replica firearms will become prohibited devices. It will not, however, change any of the substantive requirements currently in place for importing firearms and other weapons into Canada.
Two other amendments will be required between December 1, 1998 and January 1, 2001 to coincide with the introduction of the other portions of the new gun control legislation that are expected to be brought into force in 1999, applicable to businesses importing firearms, and on January 1, 2001 respecting the importation of firearms by individuals.
Alternatives
Regulations are the only appropriate mechanism for making technical changes of this nature. The effect of the change is simply to make the terminology and references contained in the tariff item accord with the changes in the substantive criminal law legislation that the item reflects.
Benefits and Costs
The Regulations amending tariff item No. 9898.00.00 reflect the change in language and references made to the substantive criminal law legislation by the Firearms Act and the new Part III of the Criminal Code. They will have no significant impact, however, on either individuals or businesses importing firearms or other weapons.
Consultation
The phasing-in of the Firearms Act, which these amending Regulations reflect, was the subject of extensive public consultation and notice, and businesses and individuals importing firearms and other weapons will be further advised through targeted communications programs. The Orders bringing the Act into force, together with Explanatory Notes regarding those portions of the Act which are being deferred, including sections 35 to 42 affecting importation by individuals and sections 43 to 53 affecting businesses, were published in the Canada Gazette Part II on September 30, 1998. These consequential changes to tariff item No. 9898.00.00 of the Customs Tariff were the result of consultations with: the Department of Justice, which is responsible for the Firearms Act; the R.C.M.P., which is responsible for administering some of the relevant provisions of the Act; and, with the Department of National Revenue, Customs and Excise, which is responsible for administering the importation provisions of the Firearms Act and tariff item No. 9898.00.00 of the Customs Tariff.
Compliance and Enforcement
No compliance mechanism is required. Any importation of firearms and other weapons that does not comply with the tariff item is prohibited by the item.
Coming into Force
Section 2 of the Regulations provides that they come into force on December 1, 1998, which is the date on which the relevant provisions of the Firearms Act and the new Part III of the Criminal Code will come into force.
Contacts
Customs Tariff
Megan Clifford
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
(613) 992-6890
Firearms Act, Criminal Code — Statutory program for the control of firearms and other weapons
Legal Counsel
Canadian Firearms Centre
Department of Justice
East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 1-800-731-4000
FAX : (613) 941-1991
S.C. 1997, c. 36
S.C. 1997, c. 36
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