Order Amending Certain Orders Made Under the Criminal Code: SOR/2025-208

Canada Gazette, Part II, Volume 159, Number 22

Registration
SOR/2025-208 October 10, 2025

CRIMINAL CODE

P.C. 2025-712 October 10, 2025

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Order Amending Certain Orders Made Under the Criminal Code under subsection 117.14(1)footnote a of the Criminal Code footnote b.

Order Amending Certain Orders Made Under the Criminal Code

Order Declaring an Amnesty Period (2020)

1 (1) Paragraph 2(2)(a) of the Order Declaring an Amnesty Period (2020) footnote 1 is amended by adding the following after subparagraph (ii):

(2) Subsection 2(2) of the Order is amended by adding the following after paragraph (a):

(3) Subsection 2(3) of the Order is replaced by the following:

Amnesty period

(3) The amnesty period begins on May 1, 2020 and ends on October 30, 2026.

Order Declaring an Amnesty Period (2024)

2 (1) Paragraph 2(2)(a) of the Order Declaring an Amnesty Period (2024) footnote 2 is amended by adding the following after subparagraph (ii):

(2) Subsection 2(3) of the Order is replaced by the following:

Amnesty period

(3) The amnesty period begins on the day on which this Order comes into force and ends on October 30, 2026.

Order Declaring an Amnesty Period (2025)

3 (1) Paragraph 2(2)(a) of the Order Declaring an Amnesty Period (2025) footnote 3 is amended by adding the following after subparagraph (ii):

(2) Subsection 2(3) of the Order is replaced by the following:

Amnesty period

(3) The amnesty period begins on the day on which this Order comes into force and ends on October 30, 2026.

Coming into Force

4 This Order comes into force on the day on which it is made.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

On May 1, 2020, approximately 1 500 makes and models of assault-style firearms (ASFs), their variants and the upper receivers of some ASFs were prohibited. With the identification of additional variants, this prohibition now encompasses approximately 2 000 makes and models of ASFs. On December 5, 2024, and March 7, 2025, respectively, 324 and 179 makes and models of ASFs and their variants were also prohibited. Collectively, the prohibitions now capture approximately 2 500 makes and models of ASFs.

With each of the 2020, 2024, and 2025 prohibitions on ASFs, a corresponding Order Declaring an Amnesty Period (Amnesty Order) was made to protect licensed owners from criminal liability as they take steps to come into compliance with the law. During the amnesty period, affected individuals and businesses have a variety of options to dispose of their prohibited items to come into compliance with the law, including (1) having them deactivated by an approved business; (2) delivering them to a police officer; (3) legally exporting them; and (4) if a business, returning them to the manufacturer. To encourage compliance with the law, the Government of Canada has also committed to providing fair compensation for the destruction or deactivation of the prohibited items.

On May 9, 2024, the 2020 Amnesty Order was amended to provide additional pathways for businesses to dispose of their prohibited items, including through the Assault Style Firearms Compensation Program (ASFCP). These amendments permit affected businesses to ship the prohibited items by licensed carrier, as defined by subsection 2(1) of the Firearms Act, for destruction or deactivation. Other amendments protect shipping service providers during the shipping process and destruction service providers during the destruction process. Similar provisions to support the disposal of the 2024 and 2025 prohibited ASFs were included in the 2024 and 2025 amnesty orders when they were made.

The amendments made in May 2024 do not apply to individuals. The amnesty orders otherwise provide only one pathway for individuals to dispose of their ASFs, namely, by turning them in by delivery to a police officer. The amnesty orders do not provide affected individuals with other secure options for turning in their prohibited items for destruction that may be more accessible or convenient. Similarly, the amnesty orders permit individuals to have their ASFs deactivated, but only if they personally transport the firearms to an approved deactivation business.

The 2020 and 2024 amnesty orders expire on October 30, 2025, and the 2025 Amnesty Order expires on March 1, 2026. Upon expiration, individuals and businesses who remain in possession of the prohibited items could be subject to criminal liability and possible imprisonment under the Criminal Code.

Accordingly, amendments to the amnesty orders are required to provide additional pathways for individuals to dispose of their prohibited items and to ensure safe and secure transportation of the prohibited items for the purpose of disposal. Extension of the amnesty periods is also required to provide additional time for affected owners to come into compliance with the law, including by participating in the ASFCP. Amending the amnesty orders to address these matters facilitates compliance with the law and maintains public safety by providing a safe, convenient and effective means of removing the prohibited items from affected individuals and businesses and from Canadian communities.

Background

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

On May 1, 2020, 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) were amended to prohibit approximately 1 500 makes and models of ASFs, their current and future variants, and the upper receivers of the M16, AR-10, AR-15 and M4 pattern firearms. These firearms were prohibited for the following reasons: (1) they have semi-automatic action with sustained rapid-fire capability (tactical/military design with large magazine capacity); (2) they are of modern design; and (3) they are present in large volumes in the Canadian market. Also prohibited were firearms with a bore diameter of 20 mm or greater (e.g. grenade launcher) or the capacity to discharge a projectile with a muzzle energy greater than 10 000 joules (e.g. a .50 calibre BMG).

On December 5, 2024, the Regulations were again amended to prohibit an additional 324 makes and models of ASFs and their current and future variants. These ASFs were prohibited because they possess the same technical characteristics as those prohibited in May 2020 (i.e. semi-automatic action with sustained rapid-fire capability, tactical/military design with large magazine capacity) and are primarily designed for military or paramilitary purposes with the capability of injuring, immobilizing, or killing a large number of humans in a short period of time. While some of these ASFs may have been used by some individuals for hunting or sporting purposes, the Governor in Council (GIC) was of the view that these firearms are unreasonable and disproportionate for such purposes.

On March 7, 2025, the Regulations were amended a third time to prohibit an additional 179 makes and models of ASFs, including current and future variants. This prohibition was informed, in part, by advice from an independent expert advisory panel. These ASFs possess the same basic characteristics as those prohibited in 2020 and 2024 (i.e. semi-automatic action with sustained rapid-fire capability, tactical/military design with large magazine capacity). Given the characteristics these ASFs possess and the degree to which they can increase the severity of mass shootings, the GIC was of the view that their inherent deadliness makes them unsuitable for civilian use and a serious threat to public safety.

The amnesty orders were put in place to protect affected individuals and businesses from criminal liability while they take steps to come into compliance with the law. The Government of Canada also committed to compensating affected owners through the ASFCP.

Since the prohibitions on ASFs came into force, additional firearms have been identified as previously unnamed variants or new variants of the prohibited ASFs and were captured by the prohibitions, bringing the total number of prohibited makes and models of ASFs to approximately 2 500.

Over 19 000 non-restricted makes and models, equating to over 127 000 variations of firearms, remain legally available for hunting and sport shooting in Canada.

Objective

The objective of the amended amnesty orders is to protect affected individuals from criminal liability, as they take steps to come into compliance with the law, including by turning in their prohibited items for compensation through the ASFCP. Specifically, the amended amnesty orders are intended to make it easier for individuals seeking compensation to dispose of the prohibited items by permitting them to deliver their ASFs to a Mobile Collection Unit (MCU) for destruction and to use licensed carriers as shipping service providers to transport their ASFs for deactivation. Other amendments ensure that the prohibited items are transported in a safe and secure manner for the purpose of disposal. Finally, the amendments extend and harmonize the amnesty periods to provide affected owners with continued protection from criminal liability and additional time to come into compliance with the law by accessing the disposal options available under the amnesty orders.

Description

The amnesty orders have been amended to permit affected individuals to (1) deliver their prohibited items to an MCU for destruction; (2) deliver their prohibited firearms to a licensed carrier to ship them for deactivation; and (3) transport their prohibited items for the purpose of these deliveries only if they do so in accordance with the existing safety requirements set out in the amnesty orders. Finally, the amendments extend the amnesty periods and harmonize their expiry to a single date: October 30, 2026.

Mobile collection units

The amnesty orders have been amended to permit individuals to deliver their prohibited items to MCUs, which would be leveraged by Public Safety Canada, where appropriate and upon the request of police of jurisdiction, as another secure option for turning in prohibited items for destruction. These vehicle-based units will be staffed by contracted implementation partners and will have on-board machinery that will be able to destroy the ASFs. Upon police request, MCUs could be deployed in different areas of the country to collect ASFs from individuals far away from a collection point or to address operational needs.

Shipping by carrier for deactivation

Individuals may comply with the prohibition on ASFs by having their ASFs deactivated (i.e. rendered permanently inoperable) by a licensed firearms business approved to deactivate firearms. The amnesty orders currently provide that individuals may access these services only by transporting their ASFs to the approved deactivation business personally. This may be unduly limiting where approved deactivation businesses are not located within a reasonable distance or are otherwise unavailable. To make deactivation services more broadly available, the amnesty orders have been amended to permit individuals to deliver their ASFs to a carrier, as defined in subsection 2(1) of the Firearms Act, and to use these services to ship their ASFs to the approved deactivation business for deactivation.

Transportation requirements

The amnesty orders have been amended to permit individuals to deliver their ASFs to an MCU for destruction or to a licensed carrier to ship them for deactivation. These disposal options require individuals to personally transport their ASFs for the purpose of delivery. The amnesty orders currently provide that individuals and businesses personally transporting an ASF for a permitted purpose must do so by ground vehicle, using a route that in all the circumstances is reasonably direct. The ASF must be unloaded, with no ammunition present in the vehicle, and stored in the trunk of the vehicle or in a manner that it is not visible from outside the vehicle. The vehicle may not be left unattended (i.e. not under the direct and immediate supervision of a person over the age of 18 years). The amnesty orders have been amended to require individuals to transport their ASFs for the purpose of delivery to an MCU or carrier in accordance with these existing safety requirements.

Extension

The amnesty orders have been amended to extend the amnesty periods and harmonize their expiry dates to a single date: October 30, 2026. Extending the amnesty orders promotes compliance with the law by providing affected owners with additional time to come into compliance with the law, including by participating in the ASFCP.

Regulatory development

Consultation

Public Safety Canada has engaged with provincial and territorial counterparts as well as key municipal police stakeholders on a variety of firearms initiatives, including the development of the ASFCP. Based on input received in discussions since May 2025, provincial and territorial officials and police stakeholders will support the extension of the amnesty period to provide affected owners additional time to come into compliance with the law. Collecting ASFs from individuals relies on the expertise of police to safely and securely collect firearms from members of the public. To alleviate the burden on police resources, the ASFCP leverages implementation partners (third-party service providers) to provide transportation and destruction services.

Further, these amendments respond to recommendations from the Mass Casualty Commission that the federal government take steps to rapidly reduce the number of prohibited semi-automatic firearms in circulation in Canada. Facilitating the removal of the prohibited items from individuals will contribute to reducing the risks these items pose, including risks of diversion to illicit markets or subsequent use in criminal activity. While the prohibited items are no longer legally available for purchase or sale in Canada, these amendments support their permanent removal from individuals by providing affected individuals with greater opportunity and flexibility to come into compliance with the law.

A prepublication comment period in the Canada Gazette, Part I, was not undertaken because the amendments to the amnesty orders are remedial in nature, do not create new offences in the Criminal Code and do not impose new restrictions or burdens on individuals or businesses. There are no significant costs related to the amendments, and the expanded scope of amnesty protection, including facilitating individuals to turn in their prohibited items, are for reasons of legal liability (i.e. exposure to criminal jeopardy) that are not subject or amenable to public comment.

Indigenous engagement, consultation and modern treaty obligations

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, a preliminary assessment has been conducted for the amendments and there do not appear to be any implications on Canada’s modern treaty obligations. The amendments will provide affected individuals with more flexible and convenient means to come into compliance with the law. The amnesty orders will continue to permit individuals who hunt for sustenance purposes or who exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982, to transport an ASF that was previously classified as a non-restricted firearm so that they can continue to be used safely for such purposes.

Instrument choice

No non-regulatory options were considered, as amendments to the amnesty orders were necessary to address the matters identified above.

Regulatory analysis

Benefits and costs

The amended amnesty orders provide affected individuals with greater flexibility and convenience in how they can come into compliance with the law, including by securely transporting their ASFs to an MCU for destruction or to a licensed carrier (i.e. shipping service provider) to ship the ASFs for deactivation. By permitting individuals to turn in their ASFs to MCUs for destruction or to access a broader range of deactivation businesses through shipping services, the amended amnesty orders provide additional means to ensure the efficient and effective collection of the prohibited items in a manner that is safe, secure and convenient for affected individuals.

Costs would be incurred by the Department of Justice Canada and Public Safety Canada for the preparation and implementation of the amended amnesty orders. However, it is anticipated that these costs would not be significant and would be absorbed into existing operational budgets.

Small business lens

Analysis under the small business lens concluded that the regulatory amendments will not impact Canadian small businesses. The measure deals with legal protection for individuals seeking to dispose of prohibited firearms.

One-for-one rule

The one-for-one rule does not apply, as there will be no incremental change in administrative burden on businesses and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The amendments to the amnesty orders do not raise trade law implications, as they do not involve the sale, import, or export of firearms.

International obligations

The amendments to the amnesty orders are not linked to any international agreements or obligations.

Effects on the environment

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

Gender-based analysis plus

A gender-based analysis plus (GBA+) was completed to determine whether the amendments to the amnesty orders would have differential impacts on Canadians based on factors such as gender, age, Indigenous identity or geography. The amendments would have a disproportionately positive impact on gender, as men are more likely to possess and use firearms, compared to women. Additionally, based on existing survey data suggesting that firearm ownership is more common among people living in rural areas, the amendments are expected to have a disproportionately positive impact on people living in rural areas of the country. More information can be found on the Department of Justice Canada’s webpage titled “Firearms, Accidental Deaths, Suicides and Violent Crime: An Updated Review of the Literature with Special Reference to the Canadian Situation.”

Rationale

The amnesty orders were issued to protect affected individuals and businesses from criminal liability and to provide affected owners with time and a variety of options to come into compliance with the law.

The amended amnesty orders protect affected individuals as they take steps to come into compliance with the law, including by disposing of their prohibited items for compensation through the ASFCP. The amendments are intended to provide additional means for individuals to dispose of the prohibited items by permitting individuals to deliver their ASFs to an MCU for destruction and to ship their ASFs by carrier for deactivation. Other amendments ensure that the prohibited items are transported in a safe and secure manner. Some of the activities involved in coming into compliance with the law could constitute certain Criminal Code offences (e.g. the possession or transportation of the prohibited items). Without protection under the amnesty orders, affected individuals would be exposed to criminal liability while taking the steps required to dispose of the prohibited items. The amended amnesty orders permit these activities and protect the people involved in them, therefore promoting public safety by ensuring that the prohibited items are disposed of in a safe and secure manner.

Implementation, compliance and enforcement, and service standards

Implementation

The amended amnesty orders come into force on the day on which they are registered. Those who remain in possession of the prohibited items at the end of the amnesty period (i.e. October 30, 2026) could be subject to criminal liability for unlawful possession of the prohibited items.

Compliance and enforcement

The disposal of prohibited items is dependent on voluntary compliance by affected individuals and businesses. The calculation of the compliance rate will be complicated by the lack of information about the prohibited items and their owners. The compliance rate for previously non-restricted firearms will be based on the number of individuals and businesses that declare themselves to be in possession of one or more prohibited items, possible compensation and the deactivation process.

Contact

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