Firearms Act and Regulations

Act: Firearms Act (1995, c. 39)
Regulation:
Aboriginal Peoples of Canada Adaptations Regulations (Firearms) (SOR/98-205);
Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (SOR/98-207);
Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations (SOR/98-206);
Conditions of Transferring Firearms and Other Weapons Regulations (SOR/98-202);
Firearms Fees Regulations (SOR/98-204);
Firearms Licences Regulations (SOR/98-199);
Firearms Marking Regulations (SOR/2004-275) (not yet in force);
Firearms Records Regulations (SOR/98-213);
Firearms Registration Certificates Regulations (SOR/98-201);
Gun Shows Regulations (SOR/98-211);
Importation and Exportation of Firearms Regulations (Businesses) (SOR/98-214);
Importation and Exportation of Firearms Regulations (Individuals) (SOR/98-215) (not yet in force);
Public Agents Firearms Regulations (SOR/98-203);
Shooting Clubs and Shooting Ranges Regulations (SOR/98-212);
Special Authority to Possess Regulations (Firearms Act) (SOR/98-208);
Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations (SOR/98-210);
Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209).

To Whom Does This Apply?

If you are thinking of starting a firearms business, including a museum, you need to know about requirements that affect you under Canada's Firearms Act. These requirements also apply to any private-sector organization that possesses firearms.

Eligible Activities

The Firearms Act and its related Regulations govern the possession, transport, use and storage of firearms in Canada.

Summary

The Canadian Firearms Program (CFP) was created in 1996 and in 2006, the responsibility for the CFP was transferred to the RCMP. The Program provides direct operational and technical firearms-related support to law enforcement across Canada. It also oversees the administration of the Firearms Act and its related Regulations, serving lawful and responsible firearms users while targeting firearms use that is unsafe or criminal in nature. Public safety is the CFP's goal.

Following are summaries of the main requirements applying to businesses under Canada's Firearms Act and its supporting Regulations.

Licence Requirements

Your business, museum or organization needs a valid firearms business licence to possess, manufacture or sell firearms, restricted or prohibited weapons, prohibited devices, or prohibited ammunition. Although a licence to possess regular ammunition is not required under the Firearms Act, a licence is required to manufacture or sell ammunition. A separate business licence is required for each location where the business operates.

A business licence is valid only for the activities specified on the licence. The business may only possess prohibited items for a specified purpose as set out in Section 22 of the Firearms Licences Regulations.

To be eligible for a firearms business licence, the business must meet the following requirements:

• All employees who handle firearms for employment purposes must have a valid Possession and Acquisition Licence (PAL).
  • employees need to be licensed to acquire non-restricted firearms if that is the only class of firearms the business possesses;
  • employees must be licensed to acquire restricted firearms if the business possesses restricted or prohibited firearms.
• Employees do not need a firearms licence if the business has only restricted or prohibited weapons, prohibited devices or prohibited ammunition but no firearms. However, they do need to be eligible for a firearms licence. In other words, although they do not have to submit a licence application, they must be able to pass a background check, and there can be no court orders prohibiting them from possessing firearms or other regulated items.
• Certain people connected to the business will also need to be eligible for a licence. These include:
  • owners and partners;
  • directors and officers of the corporation if the business is a corporation;
  • persons in a relationship to any of the above if they have a direct influence on the business or could have access to firearms held by the business.

The law sets out certain conditions that must be attached to a business licence. For example, businesses cannot depict or promote violence in advertising their goods. The Chief Firearms Officer may attach additional conditions at their discretion.

Registration Requirements

All firearms in a business’ inventory, including frames and receivers that have not yet been assembled as complete firearms, need to be registered. Firearms acquired from a Canadian source will be registered to the business during the transfer process. There are no registration or transfer fees.

Firearms must be verified by an approved verifier if:

• they are being registered for the first time;
• they are being transferred to a new owner and have not previously been verified;
• they have been modified so that their description has changed; or
• the Registrar requests that they be verified to confirm their description or classification.

Licensed firearms businesses require an approved verifier on staff to verify certain inventory that needs to be verified. To arrange to have an employee trained and approved as a verifier, call the CFP.

Transferring Firearms

Whenever a firearm changes ownership, the registration records must be updated and the firearm registered to the new owner. Both parties need to be involved in the transfer process.

Safe Storage, Display and Transportation

Businesses must comply with the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Ammunition Businesses

As indicated earlier, the Firearms Act does not require a business or organization to be licensed to possess regular ammunition, but a licence is required to sell or manufacture ammunition. Furthermore, ammunition may be transferred to a business or individual with a valid firearms licence or to a public agency (for example, a police force or a government department) with a valid Public Agency Identification Number. There may also be licence and storage requirements under the Explosives Act, which is administered by Natural Resources Canada. Licence fees for those particular activities are waived under the Firearms Act if an individual has already paid to be licensed for those activities under the Explosives Act.

Fees

The fee for a firearms business licence depends on the business activities. Businesses involved in more than one activity have to pay only the highest of the applicable fees.

The initial fee for a Possession and Acquisition Licence (PAL) is $60 for non-restricted firearms only or $80 for any combination of non-restricted, restricted or prohibited firearms. The fee to renew or modify the privileges of a PAL is waived until May 16, 2009. Individuals who have already paid a fee will be sent a refund. It is important for to notify the CFP of any address changed in order to receive these refunds and other important information.

Notes: * This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its Regulations. ** Provincial, territorial and municipal laws, regulations and policies may also apply.

 

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

 

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National Contact(s):
Canadian Firearms Program
Ottawa, Ontario  K1A 1M6
Fax: 613-825-0315
Toll-free (information): 1-800-731-4000
E-mail: cfc-cafc@cfc-cafc.gc.ca
Web site: http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm