The FULL Story on Canada’s Firearm Licence Revocation System

If you read the prime minister’s Mandate Letter to Public Safety Minister Bill Blair[i] but don’t know anything about current firearm licencing requirements, you will be forgiven for coming away with the impression there are no mechanisms to revoke a firearms license in Canada.

The prime minister’s Mandate Letter to Minister Blair deliberately gives that impression.

To set the record straight and to shine the light of truth on the prime minister’s disingenuous statements, here is what the law currently says about firearm licence revocations in Canada.

This is split into two parts.

First, the legal requirements for a person to be eligible to hold a Possession and Acquisition Licence and, second, how those licences may be revoked. Both sections of law are clear and strict, with harsh penalties for non-compliance.

Short Version

In order to apply for a Possession and Acquisition Licence (PAL) an individual must

Take a firearm safety course
Pass the written and practical exam for the safety course
Submit all relevant documentation with their application form, including a copy of their exam test results

In order to be granted a Possession and Acquisition Licence (PAL) an individual must

Pass an RCMP background check
Pass a background check by the Chief Firearms Officer in your home province
The references you cite on your application form must answer a series of questions to the satisfaction of the police interviewer
Wait a minimum of 30 days for the licence to be issued

All these steps typically take 3 months or more, and cost roughly $400 for training and licencing fees.

Until this is complete and you hold your PAL in your hand, you cannot legally touch a firearm in a store, let alone purchase it, nor can you purchase ammunition of any kind.

Criminal Code Penalties for Unauthorized Possession of Firearm

Should an individual choose to ignore the licencing requirements for legal firearm ownership listed above, the Criminal Code lists harsh penalties for non-compliance. These penalties are listed in Section 91(3)[ii] and 92 (3)[iii]

91 (3) Every person who commits an offence under subsection (1) or (2)

(a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)is guilty of an offence punishable on summary conviction.

If you know a firearm licence is required and ignore the law, the penalty doubles.

92 (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

(a)in the case of a first offence, to imprisonment for a term not exceeding ten years;
(b)in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
(c)in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

When the Prime Minister and/or the Minister of Public Safety try to deceive you into believing

The current firearm licencing system is not robust, or
Canada has no mechanism in law to revoke a person’s Possession and Acquisition Licence, or
The penalties for non-compliance do not exist or are not extremely punitive

Kindly refer them to the Firearms Act and the Criminal Code using the citation links at the end of this document.

It’s all there in black and white.

Long Version Citing Firearms Act Requirements

Part 1: Licence Eligibility Requirements[iv]

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.
(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.

(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).

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.

(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).

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.

(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.

(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.

(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.

(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.

Part 2: Firearm Licence Revocation[v]

68 A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

69 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

70(1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,
- (a)where the holder of the licence or authorization
  - (i)is no longer or never was eligible to hold the licence or authorization,
  - (ii)contravenes any condition attached to the licence or authorization, or
  - (iii)has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or
- (b)where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

(2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

71(1) The Registrar
- (a)may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and
- (b)shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

72(1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

(1.1) Notice under subsection (1) need not be given in any of the following circumstances:

(a)if the holder has requested that the licence, registration certificate or authorization be revoked; or
(b)if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

(3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

(4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

References to Provincial Court Judge

74(1) Subject to subsection (2), where
- (a)a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import,
- (b)a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or
- (c)a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act,

the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.

(2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

75(1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify.

(2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder.

(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.

(4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

76 On the hearing of a reference, the provincial court judge may, by order,

(a)confirm the decision of the chief firearms officer, Registrar or provincial minister;
(b)direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or
(c)cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Criminal Code Penalties for Non-Compliance

Unauthorized possession of firearm

91(1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of
- (a)a licence under which the person may possess it; and
- (b)in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

Marginal note: Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b)is guilty of an offence punishable on summary conviction.

Possession of firearm knowing its possession is unauthorized

92(1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of
- (a)a licence under which the person may possess it; and
- (b)in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
Marginal note: Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

Marginal note: Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

(a)in the case of a first offence, to imprisonment for a term not exceeding ten years;
(b)in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
(c)in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.