Proposed: Add four countries to firearms export list

Summary#

This is a proposed Order Amending the Automatic Firearms Country Control List (AFCCL), published in the Canada Gazette on June 20, 2020. If adopted, it would add four countries to the AFCCL, making it easier in some cases for Canadians and Canadian companies to export certain firearms and related items to those destinations — but export permits would still be required and assessed case by case.

What it does#

• Adds these four countries to the AFCCL: Austria, Ireland, Japan, Switzerland.
• The AFCCL is part of the Export and Import Permits Act system. It is a list of countries to which Canadians may export certain firearms or prohibited weapons — but only with an export permit and usually only to the government of that country or an end-user approved by that government.
• Permit decisions remain a case-by-case assessment. The Minister of Foreign Affairs must refuse a permit if there is a substantial risk the export could lead to serious human-rights abuses, terrorism, or gender-based violence.
• This is a proposal (not yet in force). People had 30 days from the Canada Gazette publication (published June 20, 2020) to make written comments. If made final, the Order would come into force on the day it is registered.

Who's affected#

• Small and large defence and firearms manufacturers in Canada, including many small businesses (data cited: 485 companies, representing 76% of firms in the defence industry in 2018).
• Individual firearms owners who hold models recently reclassified as prohibited — the document cites 1,500 models and variants reclassified on May 1, 2020 — because adding these manufacturing countries could give owners an export option to return those firearms to the maker.
• Export control and enforcement bodies, including Global Affairs Canada, the Canada Border Services Agency, and the Royal Canadian Mounted Police, which manage and enforce permits and export rules.
• If unclear: the Order affects exports of certain controlled or prohibited firearms and related parts. It does not automatically allow any particular shipment — each application is still reviewed.

Why it matters#

• It may reduce a competitive disadvantage for Canadian defence exporters by opening more destinations for permitted exports. The government estimates potential benefits could be in the range of billions of dollars, though the exact amount is uncertain.
• It gives Canadian owners of newly prohibited firearms more disposal options, such as returning the item to its manufacturer in one of the newly listed countries.
• Even with the addition, permits can still be denied on human-rights or security grounds, so adding countries does not remove safeguards.
• A short-term rise in export permit applications was expected, especially during a two-year amnesty period for owners to come into compliance after the May 1, 2020 reclassification.