How about this line of thought, for the sake of discussion?
There are those who would like a non-restricted AK, like one of the Valmet variants. But you cannot build a Valmet; the only Valmets are those actually made by that company. If you build something that is absolutely identical, it is still not a Valmet.
A BM59 is a specific firearm, made in Italy.
If you cannot build a Valmet, how could you build a BM59?
For the AK it bans all AK types, except the 3 listed models, how that squares with RCMP "logic" is any AK not made by Valmet in those 3 models are just a variant of the AK rifle.
But the BM 59 is called out as the BM 59 and all variants, so if China made a BM 59 clone it would still be a BM 59 albeit a variant of the Italian BM 59.
Probably not going to add the dowel and full auto parts, that would be bad so not the same as the Italians. Modifying a garand would be the same same thing as adding a magwell that excepts AK mags on an SKS.
Am I the only crazy one here?
67 The firearm of the design commonly known as the BM 59 rifle, and any variant or modified version of it, including
How the RCMP would interpret a firearm that is literally identical to a BM 59, even a semi-auto one (since the originals were literally modified Garands until the Italians spun up a dedicated line) is well documented in the Swiss arms classic green case.
A Swiss arms classic green was literally identical to the SG 550 sample, therefore the SAN Classic green is a variant of the SG 550 and prohibited.
I make a modified M1 Garand (with a BM59 parts kit, which is what I'm arguing would create a prohibited firearm) that it is literally identical to a BM 59 sample rifle and it's not a BM 59?
What I think is that if you took an M1 Garand and modified it to take another type of magazine and did not use BM 59 parts, that would be A-okay as it wouldn't be a BM 59 variant. Which answers the original question.
But that if you take a M1 Garand and literally make it into a BM 59 (which is a modified M1 Garand) using a BM 59 parts kit you are making a prohibited BM 59 variant.