Order Fixing April 4, 2025 as the Day on Which Sections 16 and 36 of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force: SI/2025-26
Canada Gazette, Part II, Volume 159, Number 7
Registration
SI/2025-26 March 26, 2025
AN ACT TO AMEND CERTAIN ACTS AND TO MAKE CERTAIN CONSEQUENTIAL AMENDMENTS (FIREARMS)
Order Fixing April 4, 2025 as the Day on Which Sections 16 and 36 of An Act to amend certain Acts and to make certain consequential amendments (firearms) Come into Force
P.C. 2025-288 March 5, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of State (Public Safety), under subsection 73(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, fixes April 4, 2025 as the day on which sections 16 and 36 of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to subsection 73(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), this Order in Council fixes April 4, 2025, as the day on which section 16 and section 36 of that Act come into force.
Objective
The objective of this Order in Council is to set the coming-into-force date for certain sections of An Act to amend certain Acts and to make certain consequential amendments (firearms), which enhance the existing licence ineligibility and revocation authorities under the Firearms Act. This will make it mandatory for licences to be refused or revoked in specific circumstances, including instances of intimate partner violence (IPV), gender-based violence, domestic violence and family violence.
This Order will support the Government of Canada’s commitment to reduce firearms-related violence in communities and strengthen the firearms control regime to keep Canadians safe. While many firearms can be lawfully and safely used for sport shooting and hunting across Canada, firearms violence and risks associated with firearms in situations of IPV and family violence continues to be a persistent problem. In 2023, a firearm was present for 1,038 of victims IPV, and 84% of these victims were women and girls.
In response, the Government of Canada is bringing into force protective measures to enhance the firearms regime and further contribute to the reduction of risks associated with firearms in situations of IPV and family violence.
Background
Former Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) [former Bill C-21] received royal assent on December 15, 2023, and amended the Firearms Act to introduce measures to reduce risks to public safety and to better respond to instances of firearms-related violence, including in situations of IPV, family violence, and gender-based violence. IPV, which is one of the most prevalent forms of gender-based violence, refers to multiple forms of harm — physical, sexual, financial, emotional, or psychological, as well as stalking and coercive control — by a current or former intimate partner, dating partner or spouse.
This Order will bring into force two sections of former Bill C-21 to enhance ineligibility and revocation authorities, namely: section 16, licence ineligibility for individuals subject to a protection order or who have been convicted of an offence involving the threat, attempt or use of violence against an intimate partner or any family member; and section 36, the revocation of a firearms licence when there are reasonable grounds to suspect domestic violence or stalking may have occurred, or when an individual is subject to a protection order, and authorization for Chief Firearms Officers (CFOs) to issue a possession and acquisition licence with conditions (conditional licence) to individuals for hunting or trapping to sustain themselves or their family in limited circumstances. To support the operation and enhance implementation of these two sections of former Bill C-21, the Government intends to advance amendments to the Firearms Licences Regulations to define the terms “protection order” and “other competent authority” and to list factors to support decision making by CFOs in the issuance of a conditional licence.
These new measures are supported by other amendments to the Firearms Act, which once in force, will: introduce the term “protection order”, the meaning of which must be assigned in regulations; establish requirements for competent authorities, such as courts to report the issuance, variance and revocation of protection orders made in their jurisdiction; and require CFOs to keep records of protection orders, including any time they are varied or revoked by the issuing competent authority.
While former Bill C-21 received royal assent on December 15, 2023, these sections were set to come into force on a date set in an Order in Council to allow time for the Government of Canada to conduct consultations to inform the development of regulations and to ensure operational readiness.
Enhanced Licence Ineligibility
The purpose of a firearms licence is to demonstrate that a licence holder is authorized to acquire and possess firearms. To be eligible for a licence, a firearms licence applicant must complete a safety course and meet criteria set out in the Firearms Act and its regulations.
Under the Firearms Act, CFOs are authorized to refuse an application for a firearms licence based on their assessment of the applicant’s risk to public safety. CFOs are required, among other factors, to consider eligibility criteria set out in the Firearms Act and its regulations. For example, when determining eligibility, CFOs must consider whether the person has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person. Further, persons applying for a licence must provide CFOs, upon request, with any relevant information for the purpose of determining their eligibility to hold a licence. In 2023, there were 920 firearms licence applications refused for various public safety reasons, such as potential risk to others, potential risk to self, violent behaviours, mental health and domestic violence.
With the coming-into-force of section 16 of former Bill C-21, if an individual has been convicted of an offence involving the use, threat or attempt of violence against an intimate partner or family member, they will be automatically rendered ineligible to hold a firearms licence. This will only apply for convictions that occur after this section comes into force.
The Royal Canadian Mounted Police’s (RCMP) Canadian Firearms Program (CFP) and CFOs have access to this information via the Canadian Firearms Information System (CFIS). CFIS contains current firearms licence holder data and is the link between the CFP and CFOs and reports entered in the Canadian Police Information Centre (CPIC) by law enforcement. If an applicant for a licence or a licence holder is the subject of an incident report that involves offences that fall within the eligibility criteria of the Firearms Act (i.e., any violent act, sexual offences, drug possession and trafficking), a Firearms Interest Police (FIP) event record is automatically created. The FIP was created to identify individuals who may be ineligible to hold a firearms licence to help CFOs administer the Firearms Act, which states that CFOs have the authority to issue or revoke a firearms licence based on an assessment of an individual’s eligibility to acquire and/or possess firearms. This information is reviewed by RCMP CFP and CFOs as part of the ongoing eligibility screening process.
This section will also make an individual ineligible to hold a licence if they are subject to a protection order. Protection orders are orders made by courts and other competent authorities to help protect individuals in situations where safety concerns exist, such as instances of domestic violence or IPV or where harassing or threatening conduct has occurred. While some courts or competent authorities may currently report protection orders to CFOs, they are not obligated to do so under the Firearms Act. Section 15 and section 41 of former Bill C-21, which are not yet in force, define the term “protection order” under the Firearms Act to have the meaning assigned by regulations made by the Governor in Council and require courts and competent authorities to report the issuance, variance and revocation of protection orders to CFOs. This element of section 16 of former Bill C-21 would become operative when the regulation is made to define the term “protection order” and section 15 and section 41 of former Bill C-21 are brought into force.
Until the term is defined in regulation, CFOs will continue to exercise discretion in assessing the eligibility of an individual who is subject to a protection order to hold a licence. In accordance with current practice, CFOs will be required to consider existing criteria in the Firearms Act and any information that is provided to them by anyone, including courts. When the issuance of a protection order is reported to a CFO, the CFO must consider this information when assessing eligibility of an individual, but they are not automatically required to refuse to issue the licence. The CFO retains authority to determine eligibility and whether to refuse to issue the licence under section 68 of the Firearms Act.
Enhanced Licence Revocations
Currently, under the Firearms Act, CFOs may revoke a firearms licence held by an individual for any good and sufficient reason based on their assessment of the licence holder’s risk to public safety. This includes, but is not limited to, when the holder is no longer or never was eligible to hold the licence, when the holder contravenes any conditions attached to the licence or has been convicted or discharged under section 730 of the Criminal Code of offences such as an offence in the commission of which violence against another person was used, threatened or attempted or an offence under the Firearms Act or Part III of the Criminal Code.
Further, under the Firearms Licences Regulations, a CFO must consider revoking a firearms licence if they become aware that an individual holding a firearms licence has been involved in an act of domestic violence or stalking. Information may come to their attention by any person contacting a CFO or through CFIS. The objective is to ensure that a CFO considers such matters as part of continuous eligibility screening. Currently, CFOs have discretion to make decisions based on the facts on a case-by-case basis.
While revocation of a licence is often at the discretion of a CFO, there are circumstances when it is mandatory. For example, licences are revoked when an individual becomes subject to a prohibition order. Prohibition orders, issued by courts, are orders made under the Criminal Code or any other Act of Parliament prohibiting a person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things.
In 2023, there were 3,127 firearms licences revoked, including in instances of the licence holder being a potential risk to others or potential risk to self, exhibiting violent behaviours, engaging in domestic violence or being subject to a prohibition order. When a licence is revoked, a person is not authorized to possess or acquire any firearm and they must surrender any firearms, prohibited or restricted weapons, prohibited device and prohibited ammunition in their possession. Failure to do so could result in offences and penalties under the Criminal Code.
With the coming-into-force of section 36 of former Bill C-21, it will be mandatory for CFOs to revoke a licence within 24 hours if the CFO has reasonable grounds to suspect a licence holder may have engaged in act of domestic violence or stalking. 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 has engaged in domestic violence or stalking. That subjective suspicion must also be based on objectively discernible facts that, when all evidence has been taken in account, lead the CFO to conclude that there is a credible possibility that the licence holder has engaged in domestic violence or stalking.
This section will also make it a requirement for a licence to be revoked when an individual licence holder becomes subject to a protection order by operation of the law. This means that the revocation of the licence will not be a discretionary decision made by a CFO, but rather a direct result of the issuance of a protection order by a court or other competent authority. This element of section 36 would become operative when a definition of “protection order” is assigned by regulation under the Firearms Act and section 15 and section 41 of former Bill C-21 are brought into force.
Until this term is defined in regulation, an individual subject to a protection order will not have their licence revoked as an operation of law under the enhanced licence revocation authorities. However, if a court or competent authority reports the issuance of a protection order to a CFO, in accordance with current practice, the CFO must consider this information when assessing the individual’s ongoing eligibility to hold a licence under the Firearms Act. This information may inform their decision on whether or not the licence should be revoked under section 70 (1) of the Firearms Act.
Conditional Licence
In 2023, there were 2.3 million firearms licence holders in Canada. While firearms crime occurs in all parts of Canada, the rates of firearm-related violent crime are higher in northern rural areas. To mitigate potential impacts of the enhanced licence revocation and ineligibility measures on Indigenous firearms owners exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 and sustenance hunters that rely on the use of firearms for hunting and trapping to sustain themselves or their families, this section will also provide the authority for CFOs to issue, upon application, a conditional licence to possess and acquire firearms. The conditional licence will only be available to an individual whose firearms licence has been refused or revoked under the enhanced ineligibility or revocation authorities; that is, due to a conviction for an offence involving the use, threat or attempt of violence against an intimate partner or family member, being subject to a protection order or suspected of engaging in acts of domestic violence or stalking. Individuals will be required to demonstrate to the satisfaction of the CFO that they require the firearm to engage in these activities regardless of being subject to the new enhanced licence ineligibility or licence revocation measures noted above.
The Government intends to advance amendments to the Firearms Licences Regulations to prescribe factors that CFOs would be required to take into account when considering whether or not to issue a conditional licence. Until factors are prescribed in regulations, CFOs must continue to consider eligibility criteria set out in Firearms Act (e.g., has a history of violent behaviour, or has been convicted of certain Criminal Code offences) and other information that they think may be relevant in a particular case to mitigate public safety risks. The factors that would be proposed to be included in the regulation will be used as guidance to CFOs in the interim.
Implications
This Order will bring into force measures to help keep communities and at-risk populations, including women, Indigenous People and others safe from firearms violence. Following royal assent of former Bill C-21 on December 15, 2023, the RCMP CFP and Public Safety Canada (PS) required time to conduct consultations and prepare for implementation.
Enhanced Licence Ineligibility
An individual firearms licence holder is subject to eligibility screening conducted by the CFO in accordance with criteria set out in the Firearms Act and other eligibility factors, at time of application, re-application and on a continuous basis. Any individual who has been convicted, of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family after the coming-into-force date of April 4, 2025, will be ineligible to hold a licence. This eligibility requirement extends to new applicants and existing licence holders. An applicant for a licence who has been convicted of these offences will have their licence application refused and where an existing licence holder is rendered ineligible to hold a licence, a CFO may revoke the licence. In line with existing authorities of the Firearms Act, a CFO must issue a notice of refusal or revocation.
The CFO will issue a notice in the manner set out in the Firearms Licences Regulations, whether to the individual applicant or licence holder, and the notice must include reasons for the refusal or revocation and disclose the nature of the information relied on for the decision. The CFO could also choose not to disclose any information that could, in their opinion, endanger the safety of any person. The notice must also include a copy of sections 74 to 81 of the Firearms Act, which outline the appeal process, including referring the decision of the CFO to a provincial court judge for a reference hearing. The individual will be required to deliver to a peace officer, a firearms officer, or a CFO any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that they possess within 24 hours or within an extended period established by the CFO in the notice.
In line with existing practices, the individual will be able to refer the decision of the CFO to a provincial court judge within 30 days after receiving notice of the CFO’s decision or within a period allowed by a provincial court judge. The individual would have to provide evidence to satisfy the provincial court judge that the CFO’s decision was not justified. The individual would still be required to surrender any firearms in their possession to a peace officer, firearms officer or CFO within the period set out in the notice of the CFO’s decision and the firearms would remain surrendered for the duration of the reference hearing.
Enhanced Licence Revocations
With the coming into force of the legislative changes to enhance licence revocation authorities, a CFO will be required to revoke a licence within 24 hours when they have reasonable grounds to suspect that an individual who holds a licence may have engaged in an act of domestic violence or stalking. This can include information regarding a conviction of an offence related to domestic violence or stalking.
Similar to existing requirements when CFOs make a decision to revoke a licence, the CFO must give notice of their decision to the licence holder in the manner set out in the Firearms Licences Regulations. The notice must include the reasons for the decision and the information that was relied on. The CFO will be authorized to withhold any information from being included in the notice that, in their opinion, will endanger the safety of any person. The notice must also include a copy of sections 74 to 81 of the Firearms Act, which outline the appeal process, including referring the decision of the CFO to a provincial court judge for a reference hearing. The individual will be required to deliver to a peace officer, a firearms officer, or a CFO any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the licence holder possesses within 24 hours, or a time specified by the CFO. If the individual fails to surrender the firearms in the time set out in the notice, they could be liable for offences and penalties under the Firearms Act and the Criminal Code.
The individual will be able to refer the decision of the CFO to a provincial court judge within 30 days after receiving notice of the CFO’s decision or within a period allowed by a provincial court judge. The individual would still be required to surrender any firearms in their possession to a peace officer, firearms officer or CFO within the period set out in the notice of the CFO’s decision and the firearms would remain surrendered for the duration of the reference hearing.
Conditional Licence
If an individual has been refused a licence or had their firearms licence revoked in the above circumstances but requires possession of a firearm to hunt or trap to sustain themselves or their family, they will be able to submit a licence application to a CFO to request the issuance of a conditional licence. A conditional licence may be issued by a CFO if the individual establishes to the satisfaction of the CFO that they need a firearm to hunt or trap in order to sustain themselves of their family. The prescribed fee for a firearms licence established in the Firearms Fees Regulations must be paid, however the individual could request that the fee be waived. An individual’s application will be assessed based on eligibility criteria set out in the Firearms Act and the CFO will have discretion on whether or not to issue the conditional licence. They could also add any terms and conditions to the conditional licence they deem appropriate to mitigate public safety risks.
For all other uses (e.g., sport shooting), an individual who has been refused a licence or had their licence revoked under the enhanced licence ineligibility and revocation measures will have to apply or re-apply for a licence and pay the prescribed fee established in the Firearms Fees Regulations. CFOs will assess applications based on eligibility criteria set out in the Firearms Act (e.g., has a history of violent behaviour, or has been convicted of certain Criminal Code offences).
Consultation
Public consultations were held as part of the legislative process for former Bill C-21. Several witnesses appeared before and/or provided written submissions to the Standing Committee on Public Safety and National Security (SECU) and Standing Senate Committee on National Security, Defence and Veterans Affairs (SECD) throughout 2022 and 2023 to provide input on former Bill C-21, including on these measures.
Feedback on the new enhanced licence and ineligibility measures was primarily focused on a previous version of the measures that would have introduced lifetime ineligibility for anyone who has been subject to a protection order. The need to define “domestic violence” in the Firearms Act was also raised, in order to ensure that a CFO does not adopt a restrictive definition of the term (i.e., injury provoking physical assault). Former Bill C-21, as enacted by Parliament, limits ineligibility to individuals who are currently subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family. Former Bill C-21 also includes a definition of “domestic violence”. The need to identify criteria that would be used to substantiate the revocation of a licence was also raised as a means to mitigate frivolous claims. Representatives of Indigenous organizations raised questions about potential impacts on sustenance hunting and traditional cultural practices, as well as potential risks for abuse of the system and unfair targeting of individuals. A non-derogation clause was added to former Bill C-21 providing that the provisions within the former Bill are to be interpreted as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982. Numerous participants also acknowledged public safety objectives and the important balance to be achieved.
Following royal assent, PS conducted targeted engagement with provinces and territories, CFOs, and Indigenous organizations and also heard from stakeholders. This input informed the implementation of the new requirements. It also helped inform the development of regulations the Government intends to advance to support the operation and enhance implementation of the legislative amendments being brought into force.
Implementation
The enhanced ineligibility and revocation measures of former Bill C-21 will come into force on April 4, 2025, and be implemented in phases. Elements related to protection orders are inoperable until regulations are made to define “protection order”.
The RCMP CFP is responsible for administering the Firearms Act and its regulations. This includes administering licensing 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. This includes conducting lifetime background checks to assess the eligibility of new applicants and assessing the continued eligibility of existing licence holders.
Upon coming into force, the CFP will rely on existing systems and implement manual processes, supported by updates to policy and procedures. Mechanisms will be in place to support the refusal of licences for new applications and revocation as part of the ongoing eligibility screening process of current licence holders who have been convicted of an offence involving the threat or use of violence against an intimate partner or any family member, including the issuance of notices.
Mechanisms will also be in place to support the revocation of licences when reasonable grounds to suspect exist that domestic violence or stalking may have occurred and issuance of relevant notices. This will include additional guidance to support CFOs in determining if there are reasonable grounds to suspect an individual may have engaged in domestic violence or stalking, which will include the identification of occurrences drawing on uniform crime reporting codes (UCR). UCR codes are a standard way for law enforcement across Canada to report an incident of crime that comes to their attention (i.e., weapons trafficking, criminal harassment, utter threats to person). CFP will also have mechanisms in place for the issuance of conditional licences to those who qualify. Guidance for the issuance of conditional licences will be based on the factors set out in the proposed amendments to the Firearms Licences Regulations. The assessment of eligibility, including lifetime background checks will continue.
Approximately 10 months after coming into force, the RCMP CFP will implement automation and enhanced processes.
The enhanced licence revocation and ineligibility measures do not require the collection of new personal information and only uses personal information which is already regularly collected and used throughout the administration of firearms licensing via an existing personal information bank. Resultantly, no incremental risks to personal information or requirements for risk mitigation mechanisms or strategies have been identified. A Privacy Impact Assessment is underway and will be completed prior to IM/IT implementation changes and has received interim approval from program officials and the delegate responsible for section 10 of the Privacy Act.
Public Safety Canada, in partnership with RCMP CFP, will continue to ensure public awareness of these enhanced licence revocation and ineligibility measures through ongoing engagement. 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 enhanced licence ineligibility and revocation measures.
Contact
Firearms Policy Directorate – Public Safety Canada