Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted: SOR/2024-248

Canada Gazette, Part II, Volume 158, Extra Number 3

Registration
SOR/2024-248 December 5, 2024

CRIMINAL CODE

P.C. 2024-1279 December 5, 2024

Whereas the Governor in Council is not of the opinion that any thing prescribed to be a prohibited firearm or a prohibited device, in the annexed Regulations, is reasonable for use in Canada for hunting or sporting purposes;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted under the definitions non-restricted firearm footnote a, prohibited device footnote b, prohibited firearm footnote c and restricted firearm footnote b in subsection 84(1) of the Criminal Code footnote d and subsection 117.15(1) of that Act.

Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted

Amendment

1 Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted footnote 1 is amended by adding the following after item 96:

97 The firearm of the design commonly known as the Al Gi Mec AGM1 rifle, and any variant or modified version of it.

98 The firearm of the design commonly known as the Alpha Wolf PCC rifle, and any variant or modified version of it.

99 The firearm of the design commonly known as the Armalite AR-180B rifle, and any variant or modified version of it, including the

100 The firearm of the design commonly known as the Benelli MR1 rifle, and any variant or modified version of it.

101 The firearms of the designs commonly known as the Beretta ARX160 and the Beretta ARX200 rifles, and any variants or modified versions of them, including the

102 The firearm of the design commonly known as the Beretta PMX submachine gun, and any variant or modified version of it, including the Beretta PMXS.

103 The firearm of the design commonly known as the Beretta Rx4 Storm rifle, and any variant or modified version of it.

104 The firearm of the design commonly known as the Browning Automatic Rifle M1918 machine gun, and any variant or modified version of it, including the

105 The firearms of the designs commonly known as the Browning Machine Gun M1917 and the Browning Machine Gun M1919, and any variants or modified versions of them, including the

106 The firearms of the designs commonly known as the Browning Machine Gun M1921 and the Browning Machine Gun M2 Heavy Barrel, and any variants or modified versions of them, including the

107 The firearms of the designs commonly known as the B&T APC, the B&T APC9 and the B&T APC9K submachine guns and the B&T APC556, the B&T APC300 and the B&T APC308 rifles, and any variants or modified versions of them, including the

108 The firearm of the design commonly known as the B&T P26 rifle, and any variant or modified version of it.

109 The firearms of the designs commonly known as the Steyr TMP, the B&T MP9, the B&T MP45, the B&T TP9US and the B&T TSP submachine guns, and any variants or modified versions of them, including the

110 The firearm of the design commonly known as the Bushmaster M17S rifle, and any variant or modified version of it, including the

111 The firearm of the design commonly known as the Caracal CC10 rifle, and any variant or modified version of it.

112 The firearms of the designs commonly known as the Chinese Service Rifle Type 63 and the Chinese Service Rifle Type 68, and any variants or modified versions of them.

113 The firearms of the designs commonly known as the Chinese Service Rifle Type 81 and the Chinese Machine Gun Type 81 Light Machine Gun, and any variants or modified versions of them, including the

114 The firearms of the designs commonly known as the Chinese Service Rifle Type 95, the Chinese Service Rifle Type 88 Sniper Rifle and the Norinco Type 97 rifles, and any variants or modified versions of them, including the

115 The firearm of the design commonly known as the Cobra Cobra rifle, and any variant or modified version of it, including the

116 The firearms of the designs commonly known as the CZ CZ23, the CZ CZ24, the CZ CZ25, the CZ CZ26 and the Steele, G M GM15 submachine guns, and any variants or modified versions of them, including the Steele, G M GM16.

117 The firearms of the designs commonly known as the CZ CZ805 Bren, the CZ CZ805 Bren A1, the CZ CZ805 Bren A2, the CZ CZ Bren 2 and the CZ CZ807 rifles, and any variants or modified versions of them, including the

118 The firearm of the design commonly known as the CZ VZ59 machine gun, and any variant or modified version of it, including the MARCOLMAR Firearms CZ VZ59.

119 The firearms of the designs commonly known as the CZ VZ61 Skorpion and the Zastava Arms M84 submachine guns, and any variants or modified versions of them, including the

120 The firearm of the design commonly known as the Czech Weapons CSV-9 rifle, and any variant or modified version of it.

121 The firearm of the design commonly known as the Degtyarev RPD machine gun, and any variant or modified version of it, including the

122 The firearm of the design commonly known as the Desert Tech MDR rifle, and any variant or modified version of it, including the Desert Tech MDRX.

123 The firearm of the design commonly known as the DMax Auto Carbine, and any variant or modified version of it, including the DMax Auto Pistol.

124 The firearms of the designs commonly known as the Argentine Submachine Gun FMK3 and the Argentine Submachine Gun FMK4, and any variants or modified versions of them, including the Fabrica Militar de Armas Portatiles FMK5.

125 The firearm of the design commonly known as the Fallschirmjagergewehr 42 FG42 rifle, and any variant or modified version of it, including the Sport Systeme Dittrich BD42.

126 The firearm of the design commonly known as the FEG KGP9 submachine gun, and any variant or modified version of it, including the FEG KGPF.

127 The firearm of the design commonly known as the FN CAL rifle, and any variant or modified version of it.

128 The firearm of the design commonly known as the FN F2000 rifle, and any variant or modified version of it, including the FN FS2000.

129 The firearm of the design commonly known as the FN FNAR rifle, and any variant or modified version of it, including the Winchester SX-AR.

130 The firearms of the designs commonly known as the FN M249, the FN MARK 46 Model 1, the FN MARK 48 Model 1 and the FN Minimi machine guns, and any variants or modified versions of them, including the Astra Arms MG556.

131 The firearms of the designs commonly known as the FN MAG MAG58 and the FN MAG M240 machine guns, and any variants or modified versions of them, including the Ohio Ordnance Works M240SLR.

132 The firearm of the design commonly known as the FN P90 submachine gun, and any variant or modified version of it, including the FN PS90.

133 The firearms of the designs commonly known as the FN SCAR, the FN SCAR 16, the FN SCAR 17, the FN SCAR H and the FN SCAR L rifles, and any variants or modified versions of them, including the

134 The firearm of the design commonly known as the Freedom Ordnance FX-9 rifle, and any variant or modified version of it, including the Freedom Ordnance FX-9C.

135 The firearms of the designs commonly known as the Gepard GM6 Lynx and the Sero GM6 Lynx rifles, and any variants or modified versions of them.

136 The firearm of the design commonly known as the German Machine Gun MG13, and any variant or modified version of it, including the Midwest Metal Creations MG13.

137 The firearm of the design commonly known as the German Machine Gun MG34, and any variant or modified version of it, including the TNW MG34.

138 The firearms of the designs commonly known as the German Machine Gun MG42 and the German Machine Gun MG3, and any variants or modified versions of them, including the

139 The firearm of the design commonly known as the German Sport Guns GSG-16 rifle, and any variant or modified version of it, including the American Tactical Imports GSG-16.

140 The firearm of the design commonly known as the Goryunov SG43 machine gun, and any variant or modified version of it, including the Wise Lite Arms Goryunov SA43.

141 The firearms of the designs commonly known as the Grand Power Stribog AC9A1 and the Grand Power Stribog AC9A2 submachine guns and the Grand Power Stribog AP9A1 and the Grand Power Stribog AP9A2 pistols, and any variants or modified versions of them, including the

142 The firearms of the designs commonly known as the Heckler & Koch G36, the Heckler & Koch G36C, the Heckler & Koch G36CV, the Heckler & Koch G36E Carbine, the Heckler & Koch G36E3, the Heckler & Koch G36K, the Heckler & Koch G36KE, the Heckler & Koch G36KE1, the Heckler & Koch G36KE4, the Heckler & Koch G36KV, the Heckler & Koch G36P and the Heckler & Koch G36V rifles, and any variants or modified versions of them, including the

143 The firearms of the designs commonly known as the Heckler & Koch MP7 and the Heckler & Koch MP7A1 submachine guns, and any variants or modified versions of them.

144 The firearm of the design commonly known as the Heckler & Koch UMP submachine gun, and any variant or modified version of it, including the

145 The firearm of the design commonly known as the Holloway Arms 7A rifle, and any variant or modified version of it, including the

146 The firearms of the designs commonly known as the HS VHS, the HS VHS-D2 and the HS VHS-K2 rifles, and any variants or modified versions of them, including the Springfield Armory Hellion.

147 The firearms of the designs commonly known as the Jard J17, the Jard J48 and the Jard J180 rifles, and any variants or modified versions of them.

148 The firearms of the designs commonly known as the Jard J67 and the Jard J68 rifles, and any variants or modified versions of them, including the Jard J56.

149 The firearm of the design commonly known as the Just Right Carbines JR Carbine, and any variant or modified version of it, including the Just Right Carbines JR Pistol.

150 The firearm of the design commonly known as the Kel Tec CMR-30 rifle, and any variant or modified version of it, including the Kel Tec RMR30.

151 The firearms of the designs commonly known as the Kel Tec RFB and the Kel Tec RDB rifles, and any variants or modified versions of them, including the Kel Tec RDB-C.

152 The firearm of the design commonly known as the Kel Tec SU-16 rifle, and any variant or modified version of it, including the

153 The firearm of the design commonly known as the Kel Tec Sub-2000 rifle, and any variant or modified version of it, including the

154 The firearms of the designs commonly known as the Kriss Kriss and the Kriss Kriss Vector SMG submachine guns, and any variants or modified versions of them, including the

155 The firearm of the design commonly known as the Lakeside Machine Vindicator BF1 rifle, and any variant or modified version of it.

156 The firearms of the designs commonly known as the LDP LDP and the Kommando Kommando submachine guns, and any variants or modified versions of them, including the

157 The firearm of the design commonly known as the Lithgow Arms F90 rifle, and any variant or modified version of it, including the Lithgow Arms F90S 508.

158 The firearm of the design commonly known as the Lockhart Tactical Raven rifle, and any variant or modified version of it.

159 The firearms of the designs commonly known as the LUSA LUSA A1 and the LUSA LUSA A2 submachine guns, and any variants or modified versions of them.

160 The firearm of the design commonly known as the M+M M10X rifle, and any variant or modified version of it.

161 The firearms of the designs commonly known as the Magpul Military Industries Masada, the Bushmaster ACR and the Remington ACR rifles, and any variants or modified versions of them, including the Bushmaster BACR.

162 The firearms of the designs commonly known as the Maxim Machine Gun MARK 1, the Vickers Machine Gun MARK 1 and the Vickers Machine Gun MARK 1 Water Cooled, and any variants or modified versions of them, including the US Ordnance Incorporated Vickers MARK 1.

163 The firearms of the designs commonly known as the Mechem BXP, the Armscor BXP and the Truvelo BXP submachine guns, and any variants or modified versions of them, including the Garys Gunsmithing Phoenix.

164 The firearm of the design commonly known as the Micor Defense Leader 50 rifle, and any variant or modified version of it, including the St George Arms Leader 50 A1.

165 The firearm of the design commonly known as the Micor Defense Leader 416 rifle, and any variant or modified version of it.

166 The firearms of the designs commonly known as the Peruvian Submachine Gun MGP79A, the Peruvian Submachine Gun MGP15, the Peruvian Submachine Gun MGP84 and the Peruvian Submachine Gun MGP87, and any variants or modified versions of them, including the Sima Cefar MGP14.

167 The firearms of the designs commonly known as the Polish Submachine Gun PM63, the Polish Submachine Gun PM84P, the Polish Submachine Gun PM84 and the Polish Submachine Gun PM98, and any variants or modified versions of them, including the

168 The firearm of the design commonly known as the Radom Grot rifle, and any variant or modified version of it.

169 The firearms of the designs commonly known as the Rhodesian Submachine Gun R76 and the Rhodesian Submachine Gun M77, and any variants or modified versions of them.

170 The firearm of the design commonly known as the Ruger Police Carbine, and any variant or modified version of it, including the

171 The firearms of the designs commonly known as the Russian Submachine Gun Kedr and the Russian Submachine Gun Klin, and any variants or modified versions of them, including the Zlatoust PKSK.

172 The firearms of the designs commonly known as the Schmeisser MP38, the Schmeisser MP40 and the Schmeisser MP38/40 submachine guns, and any variants or modified versions of them, including the

173 The firearms of the designs commonly known as the SIG SG540, the FAMAE SG540-1, the SIG SG542, the FAMAE SG542-1, the SIG SG543 and the FAMAE SG543-1 rifles and the FAMAE SAF and the FAMAE MINI SAF submachine guns, and any variants or modified versions of them, including the

174 The firearm of the design commonly known as the Shpagin PPSH41 submachine gun, and any variant or modified version of it, including the

175 The firearms of the designs commonly known as the Sino Defense Manufacturing (SDM) SMG9, the EMEI CS/LS5 and the EMEI CS/LS7 submachine guns, and any variants or modified versions of them, including the SDM SMG9.

176 The firearm of the design commonly known as the Smith & Wesson 76 submachine gun, and any variant or modified version of it, including the

177 The firearms of the designs commonly known as the Sten MARK 1, the Sten MARK 1*, the Sten MARK 2, the Sten MARK 3, the Sten MARK 4A, the Sten MARK 4B, the Sten MARK 5, the Blyskawica Blyskawica and the German Submachine Gun MP3008 submachine guns, and any variants or modified versions of them, including the

178 The firearms of the designs commonly known as the Patchett MARK 1 and the Sterling L2A1 submachine guns, and any variants or modified versions of them, including the

179 The firearms of the designs commonly known as the Stoner 63 rifle and the Stoner 63 machine gun, and any variants or modified versions of them, including the

180 The firearms of the designs commonly known as the Sturmgewehr MKb 42, the Sturmgewehr MKb 42(W), the Sturmgewehr MP43, the Sturmgewehr MP43/I, the Sturmgewehr MP45 and the Sturmgewehr StG44 rifles, and any variants or modified versions of them, including the

181 The firearms of the designs commonly known as the Sudaev PPS43 submachine gun and the Finnish Submachine Gun M44, and any variants or modified versions of them, including the

182 The firearms of the designs commonly known as the Suomi 1926 and the Suomi 1931 submachine guns, and any variants or modified versions of them, including the TNW Suomi M31.

183 The firearm of the design commonly known as the Tanfoglio Appeal rifle, and any variant or modified version of it, including the EAA Appeal.

184 The firearms of the designs commonly known as the Taurus SMT40, the Taurus MT9 G2 and the Taurus SMT9 submachine guns, and any variants or modified versions of them, including the

185 The firearms of the designs commonly known as the Tavor 21, the Tavor 21 CTAR, the Tavor 21 MTAR, the Tavor 21 STAR, the Tavor 21 TAR, the Tavor 21 TC, the Tavor X95 and the Tavor X95-MSW rifles and the Tavor X95 submachine gun, and any variants or modified versions of them, including the

186 The firearm of the design commonly known as the TNW 1999 ASR rifle, and any variant or modified version of it.

187 The firearms of the designs commonly known as the Thureon Defense GA, the Thureon Defense SA and the Thureon Defense XA rifles, and any variants or modified versions of them, including the

188 The firearm of the design commonly known as the US Machine Gun M60, and any variant or modified version of it, including the Desert Ordnance M60E4.

189 The firearms of the designs commonly known as the US Submachine Gun M3 and the US Submachine Gun M3A1, and any variants or modified versions of them, including the

190 The firearm of the design commonly known as the Walther WA2000 rifle, and any variant or modified version of it.

191 The firearm of the design commonly known as the Alexander Arms Ulfberht rifle, and any variant or modified version of it.

192 The firearm of the design commonly known as the Barrett Firearms 98 rifle, and any variant or modified version of it.

193 The firearms of the designs commonly known as the Excel Arms X-5.7R and the Excel Arms X-9R rifles, and any variants or modified versions of them.

194 The firearm of the design commonly known as the Heckler & Koch SL6 rifle, and any variant or modified version of it, including the Heckler & Koch SL7.

195 The firearm of the design commonly known as the Hi-Point Firearms 995 rifle, and any variant or modified version of it, including the

196 The firearm of the design commonly known as the Prairie Gun Works Direwolf rifle, and any variant or modified version of it.

197 The firearm of the design commonly known as the Rhineland Arms FG9 rifle, and any variant or modified version of it.

198 The firearm of the design commonly known as the Ruger LC Carbine rifle, and any variant or modified version of it.

199 The firearm of the design commonly known as the Tanfoglio TCMP submachine gun, and any variant or modified version of it, including the

200 The firearm of the design commonly known as the Smith & Wesson M&P FPC rifle, and any variant or modified version of it.

Application Prior to Publication

2 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force

3 These Regulations come into force on the day on which they are made.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations or the Order.)

Issues

Canada has experienced mass shootings in rural and urban areas such as in Nova Scotia, Quebec City, Montréal, and Toronto. Whether at home or abroad, the deadliest mass shootings are commonly perpetrated with assault-style firearms. These events, and concerns about the inherent deadliness of assault-style firearms, have led to public demand for measures to address gun violence and mass shootings in Canada.

Assault-style firearms are not suitable for hunting or sporting purposes given the inherent danger that they pose to public safety and the degree to which they can increase the severity of mass shootings.

The Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (the Regulations) amend the Regulations that classify firearms (the Classification Regulations) to prescribe certain firearms as prohibited firearms. Specifically, they prohibit 324 unique makes and models of assault-style firearms and current and future variants of those firearms.

The Order Declaring an Amnesty Period (2024) [the Amnesty Order] accompanies the Regulations to protect businesses and individuals, who were in lawful possession of one or more of the newly prohibited firearms on the day the Regulations came into force, from criminal liability for unlawful possession for the purpose of allowing businesses and individuals to come into compliance with the law.

During the amnesty period, the Government intends to implement the Assault Style Firearms Compensation Program (ASFCP) to compensate affected owners for the value of their firearms after they are delivered in accordance with program requirements; however, until the program is offered, affected owners will not be eligible for compensation. Other ways to come into compliance with the law are available to businesses and individuals for the duration of the amnesty period.

The Regulations and the Amnesty Order come into force on the day they are made. The Amnesty Order expires on October 30, 2025.

Background

In May 2020, the Classification Regulations were amended (SOR/2020-96) to prohibit nine families of firearms used in mass shootings in Canada and internationally, encompassing approximately 1 500 makes and models. Three policy criteria were applied in developing the list of firearms prohibited via the May 2020 regulation: 1) semi-automatic action with sustained rapid-fire capability (tactical/military design with large capacity magazine); 2) modern design; and 3) present in large volumes in the Canadian market. Only firearms that matched all three criteria were prohibited.

An Amnesty Order was put in place to protect affected businesses and individuals from criminal liability while they took steps to come into compliance with the law. The Government also committed to launching the Assault-Style Firearms Compensation Program (ASFCP).

The newly prohibited firearms in these Regulations are primarily designed for military or paramilitary purposes with the capability of injuring, immobilizing or killing humans in large numbers within a short period of time given the basic characteristics they possess, a tactical or military design with large capacity magazine. While some of these newly prohibited firearms were previously non-restricted and may have been used by some individuals for hunting or sporting purposes, it is the view of the Government that these firearms are unreasonable and disproportionate for such purposes. The significant risk that these firearms pose to the public’s safety outweighs any justification for their continued use and availability within Canada given that numerous types of firearms remain available for lawful ownership for hunting or sport shooting purposes.

Pursuant to subsections 84(1) and 117.15(1) of the Criminal Code, the Governor in Council (GIC) has the authority to prescribe a firearm to be prohibited in accordance with the definition of “prohibited firearm.”

Pursuant to section 117.14 of the Criminal Code, the GIC is also authorized to declare an amnesty period when a firearm is prohibited for the purpose of permitting affected owners to come into compliance with the law.

Objective

Prescribing the newly listed firearms as prohibited is intended to limit access to them in Canada, given the significant risks they pose to public safety and the fact that they are unsuitable for civilian use. The amendments to the Classification Regulations are intended to reduce the number and availability of assault-style firearms, and to reduce the possibility of these firearms being diverted to the illegal market. The Regulations apply to all variants of the principal model, current or future, whether they are expressly listed or not.

Description

The Regulations have been amended to prescribe as prohibited 104 families of firearms, encompassing 324 unique makes and models of firearms because they have semi-automatic action with sustained rapid-fire capability (tactical/military design with large magazine capacity). The newly prohibited firearms include firearms that were on the market in May 2020, as well as new firearm variants and new makes and models that have since entered the market (including restricted and non-restricted). The Regulations exclude firearms requiring further analysis, informed by Parliamentary debate and engagement in the context of former Bill C-21.

The Amnesty Order has been made to protect affected businesses and individuals who (1) were in legal possession of a newly prohibited firearm at the time the Regulations came into force, and, (2) continue to hold a valid licence during the amnesty period, from criminal liability for unlawful possession of a prohibited firearm in order to afford the individuals or businesses with time to dispose of the firearms. Disposal can include having the firearm deactivated by an approved business, delivering the firearm to a police officer, legally exporting the firearm and, if a business, returning the firearm to the manufacturer. Other permitted activities during the amnesty period are to transport the firearm for any of the above purposes and to use the newly prohibited firearm, if previously non-restricted, to hunt for the purposes of sustenance or to exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 (the Constitution). Individuals are no longer allowed to import the firearms listed in the Regulations. Affected owners will no longer be permitted to sell the prohibited firearms to individuals within Canada, use or transport them except for the permitted purposes described in the Amnesty Order. The firearms will have to be kept securely stored in accordance with the legal storage requirements for the classification of the specified firearms prior to their prohibition.

Individuals may transport the firearms one time to return home with the firearm if it was not at the owner’s residence at the time the prohibition came into force, or, if not the owner and in possession of the firearm on the day the prohibition came into force, return the firearm to its owner.

The amnesty period begins on the date of coming into force of the Amnesty Order and expires on October 30, 2025. Upon the expiration of the Amnesty Order, individuals who are in possession of a prohibited firearm could be prosecuted for unlawful possession.

The Government has committed to providing affected owners an opportunity to participate in a compensation program or to deactivate their affected firearms at Government expense.

While an individual may dispose of a firearm by deactivating it, legally exporting it or delivering it to a police officer, compensation will not be available until the ASFCP is implemented. An individual should not deliver a firearm to a police station without first making arrangements with a police officer for a safe and scheduled delivery or pick up.

Regulatory development

Consultation

In the context of Parliament’s consideration of former Bill C-21 in 2022 and 2023, there was extensive parliamentary debate and engagement with Indigenous groups and stakeholders on assault-style firearms. A broad range of views and considerations were raised, including the public safety imperative of achieving a comprehensive prohibition of assault-style firearms and concerns regarding potential impacts on hunting.

Extensive public engagement on the issue of banning handguns and assault-style firearms, led by the then Minister of Border Security and Organized Crime Reduction, took place between October 2018 and February 2019 with the provinces and territories, municipalities, Indigenous partners, law enforcement, community organizations, and industry. The intent of this engagement was to hear from a wide range of stakeholders, which included those both in support of and in opposition to limiting access to firearms. The engagement process included a series of eight in-person roundtables, an online questionnaire, a written submission process, and bilateral meetings with a range of stakeholders. The roundtables were held in four cities across the country (Vancouver, Montréal, Toronto, and Moncton), and 77 stakeholders participated in these sessions. In addition, 134 917 responses to an online questionnaire were received, as well as 36 written submissions, and 92 stakeholders were consulted in the bilateral meetings.

Many participants expressed their views that a ban on assault-style firearms was needed in order to protect public safety. The views and perspectives provided through these various engagements have informed the changes to the Classification Regulations.

As a result of the clear need for action to implement the ban on the prescribed prohibited firearms, and to avoid a potential run on the market, no additional consultations have been conducted on the regulations.

While there has not been any specific consultations on the Amnesty Order as it applies to the newly prohibited firearms, it is not expected that the Amnesty Order will raise any public concerns given its purpose and time-limited nature.

Modern treaty obligations and Indigenous engagement and consultation

The Amnesty Order permits the use of any of the newly prohibited firearms, if previously non-restricted, to hunt for the purposes of sustenance or to exercise a right recognized and affirmed by section 35 of the Constitution. From fall 2018 to spring 2019, the Government held extensive engagement with Indigenous partners, provinces and territories, municipalities, law enforcement agencies, academics, victim groups and other key stakeholders on limiting access to assault-style firearms and handguns. Additional dedicated engagement with Indigenous communities was undertaken during the parliamentary study of former Bill C-21. Recognizing that some Indigenous and sustenance hunters could be using previously non-restricted firearms for their hunting and may be unable to replace these firearms immediately, the Amnesty Order includes provisions for the limited use of these firearms for such purposes. Following the publication of the Regulations, the Government will continue to engage with Indigenous partners to assess the impacts of the regulations.

Instrument choice

Given that the Regulations specifically prescribe firearms as prohibited or restricted in Canada, amendments to the Regulations are required to change the current listing of any firearms. The identified firearms will be reclassified as prohibited to reduce the number and availability of assault-style firearms in Canadian markets and to reduce the possibility of these firearms being diverted to illegal markets.

Regulatory analysis

Benefits and costs

There are 2.3 million individual firearms licence holders in Canada. It is unknown how many exactly will be affected by the prohibition; however, there are approximately 14 521 restricted firearms affected. An unknown number of non-restricted firearms will be affected (due to the fact that non-restricted firearms do not need to be registered in accordance with the Firearms Act). The majority of affected owners of the currently restricted firearms reside in Alberta, British Columbia or Ontario. The regional breakdown for affected owners of the currently non-restricted firearms is unknown because these firearms are not registered.

A Conference Board of Canada report on The Economic Footprint of Angling, Hunting, Trapping and Sport Shooting in Canada published in September 2019, found that an estimated 1.4 million Canadians participate in legal sport shooting. These sport shooters may find themselves temporarily unable to participate in the sport if their primary means of participating is with a newly prohibited firearm. Sport shooters may already possess or may purchase other firearms suitable for sport shooting, and if they turn in their prohibited firearm during the ASFCP, would receive compensation. Sport shooting contributed an estimated $1.8 billion to Canada’s Gross Domestic Product (GDP) in 2018, as well as $868 million in labour income, and supports about 14 555 full-time equivalent jobs. These figures may be affected in the short term by the prohibition on certain firearms, but these impacts may be mitigated by increases in purchases of new firearms that are not being prohibited.

In addition, 1.3 million Canadians participate in legal hunting. These owners may also be affected if they have been using a newly prohibited firearm that was previously nonrestricted. If they have been using such a firearm for sustenance hunting or to exercise a right affirmed in section 35 of the Constitution, they may continue to use their firearm for the same purpose, until the end of the amnesty period. Hunting contributes an estimated $4.1 billion to Canada’s GDP as well as $2 billion in labour income, and supports about 33 313 full-time equivalent jobs.

The 2023 Commissioner of Firearms Report states that there are 4036 licenced firearms businesses, of which 1658 are for ammunition only, not including carriers and museums. Firearms business licences are issued to businesses, museums or organizations that manufacture, sell, possess, handle, display or store firearms or ammunition. The number of small businesses included in these figures is unknown, but likely comprises a large majority. Some of these businesses may see in the short term a decrease in profits as a result of the prohibition. These impacts may be mitigated by the ASFCP program and the ability to return prohibited firearms to their manufacturer, and potentially by purchases of new firearms to replace those being prohibited.

Small business lens

While small businesses may assume some compliance costs arising from these Regulations, the costs are extremely difficult to assess as the inventory held by private businesses is unknown. Some costs may include lost interest from the inability to sell this inventory for a profit and possible restocking fees if the business chooses to return the affected firearms in their inventory to their foreign supplier for reimbursement. Firearms that cannot be exported may be eligible for the ASFCP.

It is likely that businesses selling newly prohibited firearms would experience a reduction in sales and as a result may reduce staff or cease operations. Some businesses may choose to switch to a new product line to replace those firearms.

One-for-one rule

The “one-for-one” rule does not apply to these Regulations as there will be no incremental change in administrative burden to business. The Regulations do not introduce new administrative requirements for businesses.

Regulatory cooperation and alignment

As a member of the World Trade Organization (WTO), Canada must comply with different notification obligations before making regulations that could have an impact on trade. These notification obligations do not appear to apply in this case.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

There will be low environmental impacts resulting from the ASFCP and the subsequent disposal/destruction of prohibited firearms.

Gender-based analysis plus

Measures to limit access to firearms are expected to have different impacts on certain populations in Canada, such as males, who are the largest group of firearms owners, and youth, who are overrepresented as perpetrators of firearm-related crime. Additionally, the expansion of the scope of these regulations will adversely affect individuals and businesses that legally own firearms for reasons other than criminal activity. Research shows that firearm ownership is higher in rural areas than in urban areas, making these communities more susceptible to firearm regulations. About 70% of gun owners say they own firearms primarily for hunting, with others citing target shooting and collecting.

Legal firearms owners, who may be disproportionately impacted, will have the opportunity to be compensated through the ASFCP to offset financial impacts. Measures in this initiative also specifically address the use of firearms by Indigenous people for hunting and sustenance activities, to ensure that their treaty rights and cultural practices are respected and upheld and that they are provided time to replace their firearm.

Measures to limit access to firearms may benefit various groups of people who are victims of gun-related violence. In 2022, Indigenous individuals made up 17% of firearm-related homicide victims in Canada, with higher rates for rifles and shotguns (40%) compared to handguns (7.6%). This percentage is over three times their representation in the general population (5%). Additionally, women represent close to 9 in 10 victims of firearm-related violent crimes committed by an intimate partner. At the same time, men aged 18 to 24 are most likely to be victims of firearm-related violent crimes. Measures to reduce access to firearms are expected to have a higher impact in rural areas, and western provinces, which experience firearm-related crimes at a higher rate compared to the rest of Canada.

Overall, the data suggests that while measures to limit access to firearms are vital to enhance public safety, their implementation must carefully consider their varied impacts on different segments of the population, particularly diverse victims of crime and legal firearm owners. To better understand the impacts of such measures, a comprehensive monitoring plan will be implemented. Tracking media coverage and legal developments will help identify public concerns and any legal challenges related to these measures. Consultation and engagement with key stakeholders, including Indigenous communities and firearms owners will provide critical insights and feedback on the application and effects of the measures. In addition, data from the ASFCP will be analyzed to evaluate participation rates, regional trends and financial impacts. This approach ensures the steps taken remain effective and responsive to any unintended consequences.

Rationale

The Regulations address gun violence and the threat to public safety by prohibiting a number of assault-style firearms. Their inherent deadliness makes them unsuitable for civilian use and a serious threat to public safety given the degree to which they can increase the severity of mass shootings.

Prescribing these firearms as prohibited supports the Government’s objective to ban assault-style firearms and to reduce the risk of diversion to illegal markets for criminal use. The list prohibits assault-style firearms within the Canadian market that have semi-automatic action with sustained rapid-fire capability.

The prohibited firearms are not reasonable for hunting or sport shooting. Individuals may have used some of the listed firearms for hunting purposes on the basis that they were previously classified as non-restricted firearms. In addition, some of the listed firearms may have been used by individuals for sport shooting on the basis that they have been classified as restricted or non-restricted. However, the fact that these firearms are sometimes used for hunting or sport shooting does not supersede the fact that they were built with the intent to be used by the military and are capable of killing a large number of people in a short period of time.

The Amnesty Order encourages compliance with the law and seeks to protect lawful firearms owners who acted in good faith when they acquired the firearms before the coming into force of Regulations and the Amnesty Order. It provides affected owners with a reasonable amount of time to divest themselves of the firearms by any of the means set out in the Amnesty Order. The Government intends to implement the ASFCP, which would allow affected owners to declare their intent to participate in the program in order to be eligible for compensation once the owner turns in the firearm.

Implementation, compliance and enforcement, and service standards

Implementation

The amendment to the Classification Regulations and the Amnesty Order come into force on the day on which they are made. The Amnesty Order will expire on October 30, 2025.

Compliance and enforcement

The disposal of the prescribed prohibited firearms is dependent on voluntary compliance by affected owners and businesses. Calculation of the compliance rate will be complicated by the lack of information about non-restricted firearms and their owners; the compliance rate for non-restricted firearms will be based on the number of owners who declare themselves to be in possession of one or more affected firearms. The amount of compensation being offered per firearm may also affect the level of compliance. Communications are in place emphasizing the obligation on affected owners to comply with the new prohibitions, and further public communications on the ASFCP will follow in the near future.

There is also a risk that affected firearms owners may elect to replace their firearms with models unaffected by the ban, causing a market displacement. This risk may be mitigated by adding additional makes and models to the list of prohibited firearms in future.

Those who remain in possession of these firearms at the end of the amnesty period could be subject to criminal liability for unlawful possession.

Contacts

Public Safety Canada

General inquiries

Telephone: 613‑944‑4875 or 1‑800‑830‑3118
Email: ps.firearms-armesafeu.sp@ps-sp.gc.ca

Department of Justice

General inquiries
Telephone: 613‑957‑4222
Email: webadmin@justice.gc.ca