THE FIREARM ACT OF CANADA

The Firearm Act:

Table of Contents

Related Information

Amendments *

Amendment Citation Amendment date
2019, c. 9 2019-06-21

* List of amendments since 2019-01-01 (limited to last 10 amendments) [more details]

Regulations made under this Act

Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

SOR/98-207

FIREARMS ACT

Registration 1998-03-24

Authorizations to Carry Restricted Firearms and Certain Handguns Regulations

P.C. 1998-482 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnotea, the Minister of Justice had a copy of the proposed Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996, which date is at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 117 of the Firearms Acta, hereby makes the annexed Authorizations to Carry Restricted Firearms and Certain Handguns Regulations.

Interpretation

1 The definitions in this section apply in these Regulations.

Act means the Firearms Act. (Loi)

holster means a holster that can be worn on a belt or attached to a body and that is equipped with a fastening device that can securely hold a firearm. (étui)

prohibited handgunmeans a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

  • SOR/2004-267, s. 1

PART 1

Circumstances in Which an Individual Needs Restricted Firearms or Prohibited Handguns for the Purpose of Section 20 of the Act

Protection of Life

2 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns to protect the life of that individual or of other individuals are where

  • (a) the life of that individual, or other individuals, is in imminent danger from one or more other individuals;
  • (b) police protection is not sufficient in the circumstances; and
  • (c) the possession of a restricted firearm or prohibited handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm.

Lawful Profession or Occupation

3 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation are where

  • (a) the individual’s principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value, and firearms are required for the purpose of protecting his or her life or the lives of other individuals in the course of that handling, transportation or protection activity;
  • (b) the individual is working in a remote wilderness area and firearms are required for the protection of the life of that individual or of other individuals from wild animals; or
  • (c) the individual is engaged in the occupation of trapping in a province and is licensed or authorized and trained as required by the laws of the province.

PART 2

Authorizations to Carry

Issuance

4 A chief firearms officer shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun that is needed in the circumstances described in section 2 or paragraph 3(a) unless the chief firearms officer determines that

  • (a) the individual has successfully completed training in firearms proficiency and the use of force that is appropriate for using the firearm in those circumstances; and
  • (b) the firearm is appropriate in those circumstances.
  • SOR/2004-267, s. 2

Renewal

4.1 For the purposes of subsection 67(1) of the Act, the manner in which an authorization to carry is renewed in the same as the manner in which it can be issued.

  • SOR/2004-267, s. 2

Number of Firearms

5 An authorization to carry may authorize the possession of one or more restricted firearms or prohibited handguns for the purposes of section 20 of the Act.

Conditions

6 A chief firearms officer who issues an authorization to carry shall attach to it the following conditions:

  • (a) if the individual is authorized to possess more than one restricted firearm or prohibited handgun for the purposes of section 20 of the Act, that the individual carry not more than one of them at a time;
  • (b) that the restricted firearm or prohibited handgun be carried in a holster;
  • (c) if the individual needs it for the purpose of a lawful profession or occupation, that the individual notify the chief firearm officer if the individual ceases to be employed or engaged in the lawful profession or occupation or changes employers; and
  • (d) if the individual requires it for the purpose described in paragraph 3(a), that the individual wear a uniform.

Revocation

  • 7 (1) A chief firearms officer who issues an individual’s authorization to carry shall revoke it if
    • (a) the individual’s licence to possess any of the firearms referred to in the authorization is revoked or reaches its expiry date; or
    • (b) the chief firearms officer becomes aware that the individual’s physical or mental state has deteriorated to an extent that may affect the safety of the individual or of any other person.
  • (2) A chief firearms officer who issues an individual’s authorization to carry for the purpose of a lawful profession or occupation shall revoke it if the individual ceases to be employed or engaged in the lawful profession or occupation.

Notice of Refusal or Revocation

  • 8 (1) If a chief firearms officer decides to refuse to issue an authorization to carry or to revoke an authorization to carry, the chief firearms officer shall give notice of the decision to the applicant for or holder of the authorization to carry.
  • (2) The notice must include reasons for the decision.
  • (3) A chief firearms officer need not disclose any information the disclosure of which could endanger the safety of any person.
  • 9 (1) A notice of a decision to refuse to issue an authorization to carry is sufficiently given if the notice is addressed to the applicant for the authorization to carry at their address that is set out in the application for the authorization or, if the individual has advised the chief firearms officer of a change of that address, at the new address, and it is
    • (a) sent by mail; or
    • (b) transmitted by electronic means that can produce a paper record.
  • (2) A notice of a decision to revoke an authorization to carry is sufficiently given if the notice is addressed to the holder of the authorization at their address that is set out in the application for the authorization or, if the individual has advised the chief firearms officer of a change of that address, at the new address, and the notice is
    • (a) delivered personally, at any time that is reasonable in the circumstances;
    • (b) sent by registered mail or by courier; or
    • (c) transmitted by electronic means that can produce a paper record.
    • (3) The notice is deemed to be received
      • (a) on the day of delivery, if delivered personally;
      • (b) on the fifth working day, excluding Saturdays and holidays, after
        • (i) the postmark date, if it is sent by mail, and
        • (ii) the date of shipment on the waybill, if it is sent by courier; and
      • (c) on the day of transmission, if sent by electronic means.

Authorized Possession

Eligibility to Hold Licences

General Rules

Marginal note:Public safety

  • 5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.
  • Marginal note:Criteria(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,
    • (a) has been convicted or discharged under section 730 of the Criminal Code of
      • (i) an offence in the commission of which violence against another person was used, threatened or attempted,
      • (ii) an offence under this Act or Part III of the Criminal Code,
      • (iii) an offence under section 264 of the Criminal Code (criminal harassment),
      • (iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or
      • (v) an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act;
    • (b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or
    • (c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
  • Marginal note: Exception(3) Despite subsection (2), in determining whether a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).
  • 1995, c. 39, ss. 5, 137
  • 1996, c. 19, s. 76.1
  • 2003, c. 8, s. 10
  • 2015, c. 27, s. 3
  • 2018, c. 16, s. 182

Marginal note: Court orders

  • 6 (1) A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition.
  • Marginal note: Exception(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).

Marginal note:Successful completion of safety course

  • 7 (1) An individual is eligible to hold a licence only if the individual
    • (a) successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
    • (b) passed, before the commencement day, the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
    • (c) successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act;
    • (d) passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or
    • (e) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence.
  • Marginal note:Restricted firearms safety course(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual
    • (a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course;
    • (b) passed, before the commencement day, a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister; or
    • (c) on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence authorizing the individual to possess prohibited firearms or restricted firearms.
  • Marginal note: After expiration of prohibition order(3) An individual against whom a prohibition order was made
    • (a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,
      • (i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and
      • (ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and
    • (b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,
      • (i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and
      • (ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.
  • Marginal note:Exceptions(4) Subsections (1) and (2) do not apply to an individual who
    • (a) in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms;
    • (b) is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family;
    • (c) [Repealed, 2015, c. 27, s. 4]
    • (d) requires a licence merely to acquire cross-bows; or
    • (e) is a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms.
  • Marginal note: Further exception(5) Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.
  • 1995, c. 39, s. 7
  • 2003, c. 8, s. 11
  • 2015, c. 27, s. 4

Special Cases — Persons

Marginal note:Minors

  • 8 (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.
  • Marginal note:Minors hunting as a way of life(2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.
  • Marginal note:Hunting, etc.(3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.
  • Marginal note:No prohibited or restricted firearms(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.
  • Marginal note:Consent of parent or guardian(5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.