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 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 Platform Commitments
- Invest in prevention efforts and are providing $250 million directly to municipalities and Indigenous communities to give at-risk youth the opportunity to be engaged in activities to stop the spread of gang activity.
- Toughen laws on banned assault weapons by making it mandatory for owners to either sell the firearm back to the government for destruction and fair compensation or have it
rendered fully and permanently inoperable at government expense. - Crack down on high-capacity magazines and require that long gun magazines capable of holding more than 5 rounds be permanently altered so that they can never hold more
than 5 rounds. - Ban the sale or transfer of magazines that could hold more than a legal number of bullets, regardless of how they were intended to be used by the manufacturer.
- Set aside a minimum of $1 billion to support provinces or territories who implement a ban on handguns across their jurisdiction, to keep our cities and communities safe.
- Introduce “red flag” laws that would allow immediate removal of firearms if that person is a threat to themselves or others, particularly to their spouse or partner.
- Increase maximum penalties for firearms trafficking and smuggling from 10 to 14 years imprisonment.
- Enhance the capacity of the RCMP and the Canada Border Services Agency to combat the illegal importation of firearms.
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 1,500 assault-style firearms and devices. A two-year Amnesty Order is in effect until April 30, 2022. This protects owners of the newly prohibited firearms from criminal liability while they undertake the steps required to come into compliance with the law.
Buyback Program: In May 2020, a buyback program was announced to offer fair compensation to affected owners and businesses while making sure the program’s implementation is cost-effective. IBM Canada — under contract by PS — developed options for a compensation model, including for notification, collection, evaluation and payment as well as a compendium of international lessons learned and a pricing list derived from international sources (e.g., United Kingdom, Australia, and New Zealand).
Legislative: 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.
Former Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), proposed, among others, to: limit access to and remove firearms from individuals who may pose a risk to themselves and others; increase maximum penalties for offences; increase information sharing between law enforcement agencies; support municipalities that pass bylaws restricting handguns; create new offences for altering a cartridge magazine and depicting violence in firearms advertising; tighten restrictions on the importation of non-prohibited ammunition; prohibit mid-velocity replica firearms; and create a non-permissive storage option for newly prohibited firearms. Amendments or new legislation is required to meet platform commitments.
Gun Smuggling and Borders: The CBSA is leading efforts to create a joint Canada-United States cross-border 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.
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.
In 2018, the Government invested $327.6 million over five years and $100 million in ongoing funding to establish the ITAAGGV. The investment increased to $358.8 million following further approvals in 2019. Overall, ITAAGGV included $214 million for P/Ts to fund targeted initiatives to reduce gun and gang crime in their communities (the Gun and Gang Violence Action Fund).
It also included $125 million for the RCMP and CBSA to enhance their capacity to detect and disrupt gun smuggling. Furthermore, $8 million was allocated to the Youth Gang Prevention Strategy, under the National Crime Prevention Strategy, for Indigenous communities over five years starting in 2019-2020. An additional $250 million was committed over five years, starting in 2021-22, for municipalities and Indigenous communities to support anti-gang programming.
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. For example, some P/Ts (Alberta and Ontario) have called on the Government of Canada to focus on measures to counter firearms smuggling and trafficking, introduce tougher penalties for firearm-related crimes, reform bail provisions for firearm-related offences, and lead national efforts to fight gun and gang activity. The province of Quebec has called on the Government of Canada to impose a mandatory buy-back program. Other P/Ts have put in place new legislation to address firearms in their jurisdictions. British Columbia recently passed the Firearms Violence Prevention Act, which responds to recommendations made in a 2017 Illegal Firearms Task Force report. Both Saskatchewan and Alberta have amended or passed provincial legislation preventing municipalities from enacting firearms bylaws not approved by the province.
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