Firearms
The Minister of Public Safety is responsible for the Firearms Act and its regulations (which set out the requirements for the lawful possession of firearms) and the Minister of Justice is responsible for the Criminal Code and its regulations, which address firearms classification and firearm-related offences. In addition to PS and the Department of Justice (DOJ), the Royal Canadian Mounted Police (RCMP) operates the Canadian Firearms Program (CFP) and administers the Firearms Act; the Canada Border Services Agency (CBSA) enforces firearms laws at the border; and Global Affairs Canada (GAC) is responsible for Canada’s trade agreements and treaty obligations in relation to the global firearms market and issues firearms import and export permits. Firearms control is also a shared responsibility with the provinces and territories (P/Ts). P/Ts are responsible for the enforcement and prosecution of firearms offences under the Criminal Code and may choose to administer the Firearms Act in their jurisdiction.
While firearm-related violent crimes have been a small proportion of all police-reported violent crime in Canada, in 2020, the rate of certain violent offences specific to firearms increased for the sixth consecutive year (a 15% increase compared to 2019). Firearm-related homicide doubled from 2013 to 2017, slightly fell in 2018, and increased again in 2019 and 2020. The number of victims of police-reported intimate partner violence incidents where a firearm was present has also increased over the same period.
The firearms legislative regime set out in the Firearms Act, the Criminal Code and related regulations is designed to strike an appropriate balance between protecting public safety while permitting legitimate uses of firearms, such as hunting, target shooting and gun collecting. The federal approach to combat firearm-related violence has generally focused on: controlling the use and possession of firearms (e.g., acceptable uses, transport and storage, license eligibility requirements); limiting access to firearms that the Governor-in-Council has determined to be inappropriate for sporting use in Canada; and deterring firearms smuggling and trafficking. Funding has also been provided to combat firearms smuggling and to support communities in efforts to reduce gang membership and violence.
Relevant Mandate Letter Commitments
- C-71 regulations for firearms license verification and business record-keeping
- Introduce “Red flag” laws
- Buyback Program
- Financial support to PTs for handgun ban
- Requiring the permanent alteration of long-gun magazines so that they can never hold more than five rounds
- Ban on the sale of magazines holding more than the legal number of bullets
- Gang prevention and intervention program
Further Information
Prohibition of Assault-Style Firearms and Amnesty Order:The Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted came into force on May 1, 2020. This prohibits approximately 2,000 assault-style firearms and devices. An Amnesty Order under the Criminal Code came into force at the same time as the amendments to the Regulations and, on March 4, 2022, was extended to October 30, 2023 to protect owners of the newly prohibited firearms from criminal liability while they undertake the steps required to come into compliance with the law. [REDACTED].
Buyback Program: At the time of the prohibition, the Government committed to a cost effective Firearms Buyback Program that would offer fair compensation to impacted firearms owners and businesses. In 2022, the program secured minimal funding. This funding was used for a small Secretariat to develop the program, and to put in place a contract with IBM Canada for the development of a pricelist considering international lessons learned. A public consultation on the pricelist was held in August 2022, and feedback was incorporated into the design of the program. In April 2023, the Government announced that it will work with the firearms industry, represented by the Canadian Sporting Arms and Ammunition Association (CSAAA), to identify the existing inventory of prohibited firearms held by firearms businesses across Canada and relay information about the destruction process. Public Safety continues to advance the program while working with the Royal Canadian Mounted Police and other federal departments as required. [REDACTED]. A comprehensive communications strategy has been developed to accompany the program launch that will share the necessary information regarding options for firearms owners to participate. More details will be posted to the Public Safety website as they become available.
Legislative:
Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), was introduced on May 30, 2022 and completed second reading in the Senate on June 21, 2023. Designed to deliver on mandate letter commitments to prevent and reduce firearm crime and violence, Bill C-21, as amended by the House of Commons, includes new measures that aim to:
- Reduce firearm-related family violence and self-harm, with red and yellow flag laws and expanded licence revocation measures;
- Prevent most individuals from buying, selling and transferring handguns;
- Strengthen border controls and authorities to combat firearms smuggling, trafficking and related offences;
- Establish new firearm-related offences and strengthened penalties; and
- Address ghost guns, including by requiring a licence to acquire and import certain firearm parts and classifying ghost guns and other illegally made firearms as prohibited;
- Respect the rights of First Nations, Inuit and Métis, with the inclusion of a non-derogation clause;
- Enhance the security of federal entities and solidify the administration of firearms control.
Bill C-21 also aims to amend the Criminal Code definition of “prohibited firearm” to add a new prospective, technical definition which contains the characteristics of an assault-style firearm, which will make it illegal to import or manufacture such firearms in Canada once Bill C-21 comes into force.
Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms, received Royal Assent on June 21, 2019. In July 2021, certain measures were brought into force: (1) mandatory firearms license background checks now cover an applicant’s entire lifetime, rather than just the previous five years; and (2) the number of situations in which automatic Authorizations to Transport restricted or prohibited firearms are granted were reduced from six to two. Other provisions, however, have not been brought into force. On July 26, 2021, Canada Gazette Part I consultations on two outstanding regulatory elements of Bill C-71 — licence verification and business record-keeping — concluded. Parliamentary tabling and publication in Canada Gazette, Part II is required to bring the provisions into force.
Canadian Firearms Advisory Committee (CFAC): On May 1, 2023, the Government announced its intent to re-establish the CFAC to independently review the classification of existing firearms and to provide advice to the Minister.
Regulatory Measures: In addition to a range of other regulatory measures under the Firearms Act, the Government announced its intent to chart a course to improve regulations for large capacity magazines and require that manufacturers seek a Firearms Reference Table number before being allowed to sell in Canada.
Gun Smuggling and Borders: The CBSA is leading efforts in support of the new cross-border firearms task force to address gun smuggling and trafficking, for example, by increasing intelligence sharing to detect and intercept the illegal movement of firearms at the border. The task force collaborates with the Cross-Border Crime Forum.
Firearm and Anti-Gang Program Measures: In 2021, an investment of $312 million over five years was announced, starting in 2021-22, and $41.4 million per year ongoing to PS, RCMP and CBSA to implement a suite of measures to help protect Canadians from gun violence and to fight gun smuggling and trafficking.
Building on the $356.6 million invested between 2018 and 2023, the government formally announced the renewal of the Initiative to Take Action Against Gun and Gang Violence (ITAAGGV) on May 10, 2023. During the next 5 years, $390 million will be directed to provinces and territories via the ITAAGGV’s Gun and Gang Violence Action Fund, who will pursue their previous efforts in the prevention and law enforcement areas. The ITAAGGV also includes yearly ongoing funding for the RCMP ($8.2M) and the CBSA ($7.5 million) to enhance firearms investigations and strengthen controls at the border to prevent illegal firearms from entering the country.
These significant investments are complemented by the $250 million Building Safer Communities Fund (BSCF). First announced in March 2022, the BSCF is a prevention and intervention initiative that provides funding directly to municipalities and Indigenous communities to support local initiatives that tackles the root causes of gun and gang violence.
Provincial/Territorial and Other Key Stakeholder Perspectives
Gun control is contentious. Stakeholders — including Indigenous groups, municipalities, law enforcement, women’s and victims’ groups, owners and firearms advocates — have conflicting views on priorities and how best to address firearms violence. There is general agreement, however, on the need to address the underlying causes of firearms and gang violence and to enhance the collection and sharing of data on gun crime.
While P/T and municipal views on gun control are mixed, P/Ts are united in protecting their jurisdiction and in cautioning the Government of Canada about encroachment. P/Ts, and some municipalities in large urban centres and Indigenous communities, have identified firearm-related violence and gang violence as significant public safety issues. A number of recent and proposed changes to the federal firearms agenda have prompted mixed reactions by P/Ts and municipalities. [REDACTED]
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