Section 6 of the Schedule—Exceptions: Guide to the Schedule to the Defence Production Act

As per the Interpretation section of the Schedule to the DPA, goods that have been subject to “full demilitarization” to prevent that good’s repair, restoration or reverse engineering are not controlled goods.

Refer to sections 1 and 6 of the Schedule for additional information on the term “fully demilitarized”.

A certificate of demilitarization issued by the Department of National Defence and Canadian Armed Forces (DND Form 2586) indicating that the item in question has been fully demilitarized can be used to establish whether Controlled Goods Program (CGP) registration is required for that item.

Please note that items that are controlled by the United States (U.S.) International Traffic in Arms Regulations (ITAR) that have been decommissioned or demilitarized may still be subject to the controls of the ITAR. Consequently, goods that are decommissioned or demilitarized and are still controlled by the ITAR, are domestically controlled by the Schedule.

The onus is on clients to liaise with the U.S. Directorate of Defense Trade Controls of the Department of State to determine the post ITAR control status of items that were previously ITAR controlled before being decommissioned or demilitarized.

Refer to the following for additional information on the Schedule’s domestic controls on defence articles that are controlled by the ITAR:

• sections 1; 2; and 6 of the Schedule

This section is intended to exclude non-military firearms with calibres greater than 12.7 mm that are used for hunting or sporting purposes (for example, 8-gauge shotguns or other large bore hunting firearms) other than those that are full automatic firearms.

The Schedule limits domestic controls on large calibre weapons to the following items:

• howitzers
• cannons
• mortars
• anti-tank weapons
• projectile launchers
• military flame throwers
• recoilless rifles
• smoke canister, gas canister and pyrotechnic projectors that are specially designed or modified for military use
• smooth-bore weapons with a calibre of 20 mm or more
• other firearms or armament with a calibre greater than 12.7 mm (calibre 0.50 inches)
• frames, receivers, barrels, and breech closing mechanisms for these items

In regards to the Schedule’s domestic control of specific firearms, CGP clients are responsible for determining the following:

• the legal classification of their firearms
  • CGP clients who are uncertain of the legal classification of their firearms should contact the Canadian Firearms Program of the Royal Canadian Mounted Police (RCMP) for assistance. The CGP will not make any determination on the legal classification of firearms
• the calibre of their firearms
  • CGP clients who are uncertain of the calibre of their firearms may perform the following:
    • review manufacturer specifications
    • consult with a gunsmith
    • measure the calibre

Please refer to the following for additional information on the Schedule’s domestic controls on large calibre weapons:

• sections 1; 3(2)(a); and 6 of the Schedule
• Schedule sub-entries 2-2.a. and 2-2.b.

Firearms that are prohibited firearms, as defined in paragraph (c) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code, and components of such firearms, wherein both the firearm and the firearm’s owner holds a licence that authorizes them to possess the prohibited firearm (under section 12 of the Firearms Act) are not domestically controlled by the Schedule to the DPA.

This section resolves an inconsistency in the law for a few gun-owners who legally possess prohibited firearms that are grandfathered under the Criminal Code and might otherwise require CGP registration, even though they are individuals and not businesses.

CGP clients who are uncertain of the legal classification of their firearms should contact the Canadian Firearms Program of the RCMP for assistance. The CGP will not make any determination on the legal classification of firearms.

Please refer to the following for additional information on the Schedule’s domestic decontrols on prohibited firearms:

• sections 1; 2; 3(1)(a); and 6 of the Schedule
• Schedule entry 2-1. and associated sub-entries

The specially designed components of prohibited firearms are not domestically controlled by the Schedule to the DPA.

The Schedule does not domestically control the specially designed components for the small calibre weapons that are controlled by the U.S. ITAR or manufactured using technical data that is controlled by the U.S. ITAR, and meets the criteria stipulated in paragraph (c) of the definition of prohibited firearm in subsection 84(1) of the Criminal Code.

This section carries forward the existing domestic exclusion of components of prohibited firearms that was contained in the pre-May 2014 version of the Schedule.

Please refer to the following for additional information on the Schedule’s domestic controls on small calibre weapons:

• sections 1; 2; 3(1)(a); and 6 of the Schedule

The following types of ammunition are not domestically controlled goods.

The Schedule’s domestic controls on ammunition are limited to ammunition that are manufactured in the U.S. and are controlled by the U.S. ITAR or are manufactured outside of the U.S. using U.S. ITAR controlled technical data, and are for either:

• large calibre weapons (for example, howitzers, cannons, mortars, etc.) that are domestically controlled by Schedule entry 2-2. and associated Schedule sub-entries 2-2.a. and 2-2.b. of the Schedule guide
• high velocity kinetic energy weapon systems that are specified in Schedule entry 2-12. and associated Schedule sub-entries 2-12.a. and 2-12.b. of the Schedule guide

Please refer to the following for additional information on the Schedule’s domestic controls on ammunition:

• sections 2; 3(1)(c); 3(2)(a); 3(2)(m); and 6(e) of the Schedule
• Schedule entries 2-3., 2-2., 2-12. and associated Schedule sub-entries of each

Shotgun ammunitions (of any gauge) are not domestically controlled goods.

The Schedule’s domestic controls on ammunition are limited to ammunition that are manufactured in the U.S. and are controlled by the U.S. ITAR or are manufactured outside of the U.S. using U.S. ITAR controlled technical data, and are for either:

• large calibre weapons (for example, howitzers, cannons, mortars, etc.) that are domestically controlled by Schedule entry 2-2. and associated Schedule sub-entries 2-2.a. and 2-2.b. of the Schedule guide
• high velocity kinetic energy weapon systems that are specified in Schedule entry 2-12. and associated Schedule sub-entries 2-12.a. and 2-12.b. of the Schedule guide

Please refer to the following for additional information on the Schedule’s domestic controls on ammunition:

• sections 2; 3(1)(c); 3(2)(a); 3(2)(m); and 6(e) of the Schedule
• Schedule entries 2-2., 2-3., 2-12. and associated Schedule sub-entries of each

Ammunition with a calibre less than or equal to 12.7 mm are not domestically controlled goods.

The Schedule’s domestic controls on ammunition are limited to ammunition that are manufactured in the U.S. and are controlled by the U.S. ITAR or are manufactured outside of the U.S. using U.S. ITAR controlled technical data, and are for either:

• large calibre weapons (for example, howitzers, cannons, mortars, etc.) that are domestically controlled by Schedule entry 2-2. and associated Schedule sub-entries 2-2.a. and 2-2.b. of the Schedule guide
• high velocity kinetic energy weapon systems that are specified in Schedule entry 2-12., and associated Schedule sub-entries 2-12.a. and 2-12.b. of the Schedule guide

Please refer to the following for additional information on the Schedule’s domestic controls on ammunition:

• sections 2; 3(1)(c); 3(2)(a); 3(2)(m); and 6(e) of the Schedule
• Schedule entries 2-2., 2-3., 2-12. and associated Schedule sub-entries of each

Ammunition for any firearm that is not set out in the Schedule to the DPA are not domestically controlled goods.

The Schedule’s domestic controls on ammunition are limited to ammunition that are manufactured in the U.S. and are controlled by the U.S. ITAR or are manufactured outside of the U.S. using U.S. ITAR controlled technical data, and are for either:

• large calibre weapons (for example, howitzers, cannons, mortars, etc.) that are domestically controlled by Schedule entry 2-2. and associated Schedule sub-entries 2-2.a. and 2-2.b. of the Schedule guide
• high velocity kinetic energy weapon systems that are specified in Schedule entry 2-12. and associated Schedule sub-entries 2-12.a. and 2-12.b. of the Schedule guide

Please refer to the following for additional information on the Schedule’s domestic controls on ammunition:

• sections 2; 3(1)(c); 3(2)(a); 3(2)(m); and 6(e) of the Schedule
• Schedule entries 2-2., 2-3., 2-12. and associated Schedule sub-entries of each