Regulations Amending the Firearms Licences Regulations (Notice of Suspension): SOR/2025-48

Canada Gazette, Part II, Volume 159, Number 6

Registration
SOR/2025-48 February 26, 2025

FIREARMS ACT

P.C. 2025-190 February 25, 2025

Whereas the Minister of State (Public Safety) is of the opinion that the changes made to the Firearms Licences Regulations footnote a by the annexed Regulations Amending the Firearms Licences Regulations (Notice of Suspension) are so immaterial or insubstantial that section 118 of the Firearms Act footnote b should not be applicable in the circumstances;

And whereas that Minister will, in accordance with subsection 119(4) of that Act, have a statement of the reasons why she formed that opinion laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of State (Public Safety), makes the annexed Regulations Amending the Firearms Licences Regulations (Notice of Suspension) under paragraph 117(t) of the Firearms Act footnote b.

Regulations Amending the Firearms Licences Regulations (Notice of Suspension)

Amendments

1 The heading before section 26 of the Firearms Licences Regulations footnote a is replaced by the following:

Notice of Refusal, Suspension or Revocation

2 The portion of subsection 26(1) of the Regulations before paragraph (a) is replaced by the following:

26 (1) A notice of a decision to refuse to issue, to suspend or to revoke a licence is sufficiently given if the notice is addressed to the applicant for or holder of the licence at their address that is set out in the application for the licence or, if the chief firearms officer has been advised of a change of that address, at the new address, and the notice is

Coming into Force

3 These Regulations come into force on March 7, 2025, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

An Act to amend certain Acts and to make certain consequential amendments (firearms) [former Bill C-21]received royal assent on December 15, 2023, amending the Firearms Act to require a Chief Firearms Officer (CFO) to suspend a firearms licence for up to 30 days when they have reasonable grounds to suspect the licence holder is no longer eligible for it. When a CFO suspends a firearms licence, they must send the licence holder a written notice of the suspension. During a licence suspension, the licence holder is prohibited from using, acquiring, or importing firearms. If they do so during the suspension period, the CFO can revoke their firearms licence.

The coming-into-force date for the licence suspension regime established by former Bill C-21 has been set by Order in Council as March 7, 2025. One required element to support implementation of the licence suspension regime is amendments to section 26(1) of the Firearms Licences Regulations to ensure existing notification procedures for licence refusal and revocation also apply to notices of suspension.

Without these regulatory changes, licence holders could have been at risk of inadvertently engaging in prohibited activities (use, import or acquisition of firearms) without being aware that these authorizations had been suspended, which would be at odds with the purpose of suspensions and could risk their firearms licence being revoked for non-compliance.

Further, these changes are needed to ensure a standardized notification process for the licence suspension regime across Canada. Without these requirements, it could be difficult for a CFO to determine whether a licence holder had engaged in prohibited activities during the licence suspension period, which is a critical factor in deciding whether a licence should be revoked.

Background

The purpose of a firearms licence is to demonstrate that the holder is authorized to acquire and possess firearms. Once a person or business holds a firearms licence, they are subject to continuous eligibility screening over the term of the licence to ensure ongoing compliance with the Firearms Act and continued eligibility. If a licence holder is involved in an event that calls their eligibility for a licence into question, such as those involving violence or other offences specified in section 5 of the Firearms Act (e.g. criminal harassment, careless use of firearms, other firearm-related offences in Part III of the Criminal Code, and more), it is reported in the Canadian Firearms Information System (CFIS) via a Firearms Interest Police (FIP) and sent to the relevant CFO for review. CFOs also receive information on other firearms-related concerns related to storage, transportation and use, which can be used to determine the eligibility of a licence holder. Any member of the public, such as an individual concerned about a family member’s eligibility to hold a firearms licence, can contact the CFO with information about a licence holder. This can be done via the existing toll-free telephone number for contacting CFOs.

Prior to the coming into force of the new licence suspension regime, if a CFO suspected a licence holder was ineligible for a firearms licence, but had not yet decided whether to revoke the licence, the licence holder maintained all authorizations associated with the licence until the CFO made a final decision on whether or not to revoke the licence.

The new regime complements existing tools to prevent firearm-related harm and misuse by requiring CFOs to temporarily prevent a licence holder from using, acquiring, or importing firearms for up to 30 days when they have reasonable grounds to suspect a licence holder is no longer eligible for a firearms licence. Reasonable grounds to suspect is an evidentiary threshold that consists of two components — subjective and objective. The CFO must subjectively hold an honest suspicion that the holder of a licence is no longer eligible to hold it. That subjective suspicion must also be based on objectively discernible facts that, when all evidence has been taken into account, lead the CFO to conclude that there is a credible possibility that the licence holder is ineligible. The suspension period provides an opportunity for the CFO to investigate and determine whether the licence holder should have their firearms licence reinstated or revoked, while preventing the licence holder from using, acquiring, or importing firearms during this time.

For example, someone could tell a CFO that a licence holder has failed to properly store firearms in accordance with regulatory requirements, or is suspected of illegally reselling firearms. If this report gave the CFO reasonable grounds to suspect the licence holder’s ineligibility for a licence, they would initiate a licence suspension. During the suspension period, the licence holder is prohibited from using, acquiring, or importing firearms. If they do so during the licence suspension, the CFO can revoke their firearms licence. Furthermore, if they knowingly import firearms during their licence suspension, they could be charged under section 103 of the Criminal Code for an import-related offence.

If the CFO no longer has grounds to suspect that a licence holder is ineligible for a firearms licence during a licence suspension, the CFO must terminate the suspension and notify the licence holder of the reinstatement of their authorizations. Conversely, if the CFO determines the licence holder is ineligible during or after the suspension period, the CFO may revoke the suspended licence.

A suspension period cannot be extended; however, if a suspension expires before the CFO has determined the licence holder’s eligibility, the CFO may continue the investigation. The CFO may also issue a subsequent suspension based on new information obtained during the investigation.

Notice of the licence suspension must be given to the licence holder in writing, and include the reasons and information relied upon for the suspension, the period of the suspension, and a copy of the relevant sections of the Firearms Act. The CFO has discretion to withhold information from the notice that could endanger the safety of any person. If a licence suspension is cancelled before its expiry, notice of the termination must also be provided in writing.

While issuing notice of a licence suspension will be a new process, it follows the same procedures, which already exist within the Firearms Licences Regulations for firearms licence refusals and revocations.

Objective

The Regulations Amending the Firearms Licences Regulations (Notice of Suspension) [the Regulations] provide clarity on

Description

The Regulations amend subsection 26(1) of the Firearms Licences Regulations so that the existing notice procedures for licence refusals and revocations found in subsections 26(1) and 26(2) also apply to notices of licence suspension. The following subsections outline the procedures for providing notices related to the refusal or revocation of firearms licences and specify when such notices are considered received by the licence holder:

Notices of licence suspension will be sent to individuals either personally at any time that is reasonable in the circumstances, by registered mail or courier, or by an electronic means that can produce a paper record. A notice sent to an individual delivered personally is deemed to be received on the day of delivery, while notices sent to individuals by registered mail or courier are deemed received on the fifth working day after the postmark or shipment date (excluding weekends and holidays). Lastly, notices sent to an individual by electronic means are deemed received on the day of transmission.

A notice of licence suspension will need to be sent to businesses either personally during normal business hours, by registered mail or courier, or through electronic means that can produce a paper record. A notice sent to a business personally is deemed received on the day of delivery, while a notice sent to a business by registered mail or courier is deemed received on the fifth working day after the postmark or shipment date (excluding weekends and holidays). If a notice of licence suspension is sent to a business by electronic means, it is deemed received by the business on the day of transmission if it is a working day, or the first working day after transmission if it is transmitted on a day which is not a working day.

Regulatory development

Consultation

The licence suspension regime was discussed in both the House of Commons and Senate during Parliamentary consideration of former Bill C-21. The Government also held discussions on the implementation of former Bill C-21, including the licence suspension regime, with provinces and territories, Indigenous organizations and stakeholders after the Bill received royal assent, and did not receive feedback related to notice procedures.

The Regulations are administrative, applying existing licence refusal and licence revocation notice procedures to notices of licence suspension. They are necessary to ensure consistency in the implementation of the licence suspension regime across Canada and create coherence across firearms licence notice requirements within the Firearms Act and its regulations. These changes do not modify existing firearms licence notice procedures.

The Regulations only impact licence holders who become subject to a firearms licence suspension, and will not change how the licence suspension regime is applied or how firearms licence owners receive information outside of a licence suspension. For these reasons, Public Safety Canada did not conduct public consultations on the Regulations, and they were not prepublished in the Canada Gazette, Part I. Further, as the amendments are immaterial and insubstantial, they were not tabled before either House of Parliament, and a statement of reasons for finding the Regulations immaterial and insubstantial will be tabled as required under the Firearms Act.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, a preliminary assessment has been conducted for this proposal. No implications on Canada’s modern treaty obligations have been identified, except for commitments made to First Nations in the Yukon and elsewhere in the North concerning the power to enact local laws to control or prohibit the possession or use of firearms. If the proposed changes have the effect of overruling a local law concerning the above matters, they will interfere with that modern treaty commitment. However, any interference would likely be minor, the Regulations only impact the method in which a licence suspension notice is deemed sufficiently given, but would not impact the possession or use of firearms themselves.

The changes to the Firearms Licence Regulations mirror existing notice requirements for a licence refusal and licence revocation and are administrative amendments to ensure the consistent application of notices. This change will impact Indigenous firearms licence holders only if they become subject to a firearms licence suspension, and will not change how Indigenous firearms licence owners receive information outside of a licence suspension.

Further, Indigenous organizations were engaged and consulted on the licence suspension regime during consideration of former Bill C-21 before it passed. No concerns related to notice procedures were raised during these consultations. Considering the limited impact of the regulatory change and the consultations with Indigenous organizations on the suspension regime conducted in the context of parliamentary debate related to former Bill C-21, no additional targeted consultations were undertaken for this proposal.

Instrument choice

Two options were considered in the development of the Regulations: (1) allowing CFOs to exercise discretion in providing written notice of licence suspension; or (2) formalizing the process through regulatory amendment.

Allowing CFOs to use discretion to determine how notices of licence suspension are sent and when they are deemed to be received would create unclear notification procedures and uncertainty for licence holders. Given the low standard of proof required to initiate a licence suspension, transparency is important to ensure firearms owners, businesses, and the general public clearly understand the licence suspension regime. Furthermore, discretionary notice procedures would be inconsistent with existing notice procedures for licence refusal or revocations, resulting in discrepancies across the firearms regime.

A regulatory amendment was selected as the most appropriate method of determining how licence suspension notices are sent and when they are deemed to be received. This method allows for transparency and consistency of notice procedures within the firearms regime making it easier for firearms owners, businesses, and the general public to find information on how all licence notices are implemented. Lastly, the existing licence notice provisions in the Regulations are comprehensive and well suited for notices of licence suspension, while also making it simple for the Royal Canadian Mounted Police (RCMP) Canadian Firearms Program (CFP) to implement as they already use these procedures for existing notices for licence refusal and revocation.

Regulatory analysis

Benefits and costs

Costs associated with these amendments are insignificant, as notices of suspension will be implemented in the same way as existing licence refusal and revocation notices. While notices sent by mail or courier can have a cost to the RCMP CFP, a large majority of notices and communications with firearms licence holders use electronic means which cost very little, such as by email.

Amendments to include notices of suspension under existing procedures for licence refusal and revocation enhance clarity, fairness, and compliance within the suspension regime. These changes ensure licence holders are properly informed of a suspension, reducing the risk of unintentionally engaging in prohibited activities — such as using, importing, or acquiring firearms — without knowledge of the suspension.

By providing clear and standardized notification procedures, licence holders can avoid inadvertent non-compliance that could otherwise result in licence revocation. For example, if the Regulations were not made, a licence holder engaging in prohibited activities prior to receiving notice of suspension could have faced revocation despite being unaware of the suspension or the associated rules.

Additionally, standardized notice requirements support consistent implementation of the licence suspension regime across Canada by providing CFOs an established time frame at which they can deem a notice of licence suspension to have been received. This consistency is essential for determining whether a licence holder has violated suspension rules, a critical consideration when assessing the appropriateness of licence revocation.

Small business lens

There is no administrative burden or cost for businesses associated with the Regulations. The regulatory changes only impact the manner in which notices of licence suspension are sent to a licence holder and when they are deemed received, and do not themselves impact businesses financially.

One-for-one rule

The one-for-one rule does not apply, as the Regulations have no financial impact on businesses.

Regulatory cooperation and alignment

The Regulations support consistent delivery of notices of licence suspension. Existing approaches for notices of firearms refusal and revocations will apply. The Regulations do not relate to an amendment to existing international agreements or obligations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA+) analysis was conducted to support development of the former Bill C-21 legislative amendments and the accompanying regulatory amendments. No impacts have been identified for the Regulations. They establish procedures to implement notices of licence suspension and do not affect the application of licence suspensions, and do not themselves impact gender or other identity factors. Therefore, no impacts based on gender and other identity factors have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

The Regulations come into force on March 7, 2025.

The RCMP CFP manages firearms licensing in Canada. The licence suspension regime will be implemented in two phases. Phase one involves manual processing with changes to administrative and information management (IM) systems in place to allow the RCMP to operationalize the regime upon coming into force. Necessary updates to policy and operational procedures, forms, and communications will be implemented to support the manual implementation of the licence suspension regime. Phase two will update information technology (IT) systems to automate the process, with a target completion of late September 2025. This will enhance efficiency and the integration of the licence suspension regime with broader systems in place to support the administration of the Firearms Act. The Firearms Regulatory Services Directorate within the CFP is responsible for administering licensing (including licence suspensions), registration, and other related regulations through its federally appointed CFOs. Provincially appointed CFOs are also responsible for the administration of the Firearms Act, including administering licensing within their respective jurisdictions.

Public Safety Canada, in partnership with RCMP CFP, will continue to ensure public awareness of the licence suspension regime. Information is also available through the CFP Contact Centre, and existing mechanisms to communicate with firearms owners will be leveraged to help raise awareness of the new licence suspension measures.

Contact

Firearms Policy Directorate
Public Safety Canada
Email: ps.firearms-armesafeu.sp@ps-sp.gc.ca