WPJ said:
yes I understand that items are controlled but once it makes it to surplus its legal to obtain as long as it make it to surplus, that more what Im looking for.
HAHAHAHAHAH not even close
http://laws-lois.justice.gc.ca/eng/acts/c-46/page-173.html#h-100
Possession of property obtained by crime
354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
355. Every one who commits an offence under section 354
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
As recceguy stated, controlled items end up in surplus in 1 of 2 ways. Through negligence (which would be "an act of ommssion") or through theft. MP's do in fact visit surplus stores (especially ones located near bases) searching for the very items you are seeking.