Order Amending Certain Orders Declaring an Amnesty Period: SOR/2026-114

Canada Gazette, Part II, Volume 160, Number 12

Registration
SOR/2026-114 June 5, 2026

CRIMINAL CODE

P.C. 2026-561 June 5, 2026

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

Order Amending Certain Orders Declaring an Amnesty Period

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.1):

(2) 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 the 90th day after the day on which the appeals bearing the Supreme Court of Canada case numbers 41858, 41859, 41860 or 41861 are terminated by discontinuance in accordance with the Supreme Court Act, judgment or dismissal. However, if the appeals are terminated on different days, the amnesty period ends on the 90th day after the latest of those days.

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):

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

Amnesty period

(3) The amnesty period begins on December 5, 2024 and ends on the 90th day after the day on which the appeals bearing the Supreme Court of Canada case numbers 41858, 41859, 41860 or 41861 are terminated by discontinuance in accordance with the Supreme Court Act, judgment or dismissal. However, if the appeals are terminated on different days, the amnesty period ends on the 90th day after the latest of those days.

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):

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

Amnesty period

(3) The amnesty period begins on March 7, 2025 and ends on the 90th day after the day on which the appeals bearing the Supreme Court of Canada case numbers 41858, 41859, 41860 or 41861 are terminated by discontinuance in accordance with the Supreme Court Act, judgment or dismissal. However, if the appeals are terminated on different days, the amnesty period ends on the 90th day after the latest of those days.

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, over 1 500 makes and models of Assault-Style Firearms (ASFs), their variants, and the upper receivers of some ASFs were prohibited. Also prohibited were firearms with a bore diameter of 20 mm or greater and those with the capacity to discharge a projectile with a muzzle energy greater than 10 000 joules. On December 5, 2024, and March 7, 2025, additional makes and models of ASFs and their variants were also prohibited. Collectively, the prohibitions now capture over 2 500 makes and models of ASFs.

With each of the 2020, 2024, and 2025 prohibitions, a corresponding Amnesty Order was issued to protect affected 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, 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. This aligns with the Government of Canada’s ongoing commitment to maintaining public safety by providing safe, convenient and effective means for affected individuals and businesses to dispose of or deactivate the prohibited items and to remove them from Canadian communities. To encourage compliance with the law, the Government also committed to making compensation available for the destruction or deactivation of the prohibited items. The Amnesty Orders expire on October 30, 2026.

On May 9, 2024, and October 10, 2025, the Amnesty Orders were amended to make it easier for individuals and businesses seeking compensation to dispose of the prohibited items and to ensure that the prohibited items are transported for disposal in a safe and secure manner. The Amnesty Orders were amended to permit individuals who entered into an agreement with the Government of Canada to deliver their prohibited items to a Mobile Collection Unit (MCU) for destruction when seeking compensation and to ship them by licenced carrier for deactivation, whether or not they are seeking compensation. However, these measures do not permit individuals seeking compensation to ship their prohibited items by licenced carrier (i.e. shipping service provider licenced under the Firearms Act to transport prohibited firearms) for destruction.

In 2020, several applicants sought judicial review of the May 1, 2020, prohibition. On October 30, 2023, and April 15, 2025, respectively, the Federal Court and Federal Court of Appeal (FCA) dismissed these applications and upheld the 2020 prohibition in full.

On March 19, 2026, the Supreme Court of Canada (SCC) granted leave to appeal in four applications challenging the Governor in Council’s (GIC) decision to prohibit the ASFs by regulation passed on May 1, 2020. The SCC is unlikely to render its decision before the Amnesty Orders expire. Upon expiration of the Amnesty Orders, individuals and businesses who remain in possession of the prohibited items could be subject to criminal liability and possible imprisonment under the Criminal Code, including for unlawful possession of prohibited firearms while the SCC cases are ongoing.

Extension of the amnesty periods is required to allow the appeals before the SCC to be fully argued and decided on their merits and, if the prohibition is upheld, to give affected owners additional time to come into compliance with the law. An amendment to the Amnesty Orders would also provide an additional option for individuals seeking compensation through an agreement with the Government of Canada to dispose of their prohibited items by using a licenced carrier to ship them to a specified location for destruction.

Background

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 nine families of firearms, recognizing they were unreasonable for civilian use and a serious threat to public safety given the degree to which they can increase the severity of mass shootings. This encompassed over 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 because they (1) have semi-automatic action with sustained rapid-fire capability (tactical/military design with large capacity magazine); (2) are of modern design; and (3) 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) and those with 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 additional makes and models of ASFs together with 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, the 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 additional makes and models of ASFs, including their 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 unreasonable for civilian use and a serious threat to public safety.

Collectively, the prohibitions now capture over 2 500 makes and models of ASFs. Over 19 000 makes and models of non-restricted firearms remain legally available for hunting and sport shooting in Canada.

With each of the 2020, 2024, and 2025 prohibitions, an Amnesty Order was 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 also committed to making compensation available to affected owners through the Assault Style Firearms Compensation Program (ASFCP).

On May 9, 2024, and October 10, 2025, the Amnesty Orders were amended to make it easier for individuals and businesses to dispose of the prohibited items by permitting individuals seeking compensation and who entered into an agreement with the Government of Canada to deliver their prohibited items to an MCU for destruction and to ship them by licenced carrier for deactivation. Other amendments ensure that the prohibited items are transported for the purpose of these deliveries in a safe and secure manner. In addition, the amnesty periods were extended to October 30, 2026, to provide affected owners with additional time to come into compliance with the law. However, these measures do not permit individuals seeking compensation to ship their prohibited items by licenced carrier for destruction.

In 2020, several applicants sought judicial review of the May 1, 2020, prohibition. On October 30, 2023, the Federal Court dismissed all these applications. Some of the applicants appealed to the FCA. On April 15, 2025, the FCA dismissed the appeals and upheld the 2020 prohibition in full. The applicants sought leave to appeal to the SCC, which was granted on March 19, 2026. The SCC is unlikely to render a decision before the Amnesty Orders expire on October 30, 2026.

Objective

The objective of the amended Amnesty Orders is to protect affected individuals and businesses 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. The amended Amnesty Orders would allow the appeals before the SCC to be fully argued and decided on their merits and, if the prohibition is upheld, would provide affected owners with a limited period to come into compliance with the law. The amended Amnesty Orders are also intended to create an additional option for individuals who are seeking compensation to dispose of the prohibited items by permitting them to use licenced carriers to ship their prohibited items for destruction in accordance with the terms of their agreement with the Government of Canada. This new measure operates in conjunction with existing Amnesty Order provisions to ensure that the prohibited items are transported in a safe and secure manner for the purpose of disposal.

Description

The Amnesty Orders have been extended and set to expire 90 days after the day of the last judgment, dismissal, or discontinuance of the appeals of the May 1, 2020, prohibition. Should the prohibition be upheld, the extension of the Amnesty Orders would provide all affected owners with a limited period after the SCC decision to come into compliance with the law.

The Amnesty Orders have also been amended to permit affected individuals who enter into an agreement with the Government of Canada to deliver their prohibited items to a licenced carrier and to use these services in accordance with that agreement to ship their prohibited items to a location specified by the Government of Canada for destruction. Existing provisions in the Amnesty Orders ensure that the prohibited items will be transported for disposal in a safe and secure manner.

Regulatory development

Consultation

The amendments to the Amnesty Orders do not alter the scope of existing protection or the conditions that must be met to benefit from protection. The extension allows the appeals before the SCC to be fully argued and decided on their merits and, if the prohibition is upheld, provides affected owners with additional time to come into compliance with the law. The amendments permit affected individuals seeking compensation and who enter into an agreement with the Government of Canada to use licenced carriers to ship their prohibited items for destruction. Therefore, no formal consultations were conducted.

A prepublication comment period in the Canada Gazette, Part I, was not undertaken because the proposed amendments are remedial in nature, do not create new offences in the Criminal Code, and do not impose any new restrictions or burdens on individuals or businesses. There are no significant costs related to these amendments and the amendments are for reasons of legal liability that are not subject or amenable to public comment.

Indigenous engagement, consultation and modern treaty obligations

Following the completion of the assessment of modern treaty implications, no adverse impacts on potential or established Indigenous or treaty rights, which are recognized and affirmed in section 35 of the Constitution Act, 1982, were identified. The Amnesty Orders will continue to permit those 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 extension of the Amnesty Orders provides affected individuals and businesses with continued protection from criminal liability while permitting the appeals before the SCC to be fully argued and decided on their merits and, if the prohibition is upheld, provide more time to come into compliance with the law.

The amended Amnesty Orders provide affected individuals seeking compensation and who enter into an agreement with the Government of Canada with an additional option to come into compliance with the law by securely transporting their prohibited items to a licenced carrier (i.e. shipping service provider) to ship them for destruction. This measure would improve access to lawful disposal pathways for those seeking compensation by providing access to a controlled shipping option where appropriate. In this way, 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, while allowing for efficient deployment of MCUs and minimizing reliance on policing resources.

Costs would be incurred by the Department of Justice Canada, and Public Safety Canada for the implementation of the amended Amnesty Orders. However, costs are not significant and would be absorbed into existing operational budgets.

Small business lens

The extension of time provides affected businesses protection from potential criminal liability as they take steps to come into compliance with the law. Given the context of the instrument, no additional flexibilities were considered necessary for small businesses.

One-for-one rule

The one-for-one rule does not apply to this proposal, as there will be no incremental change in administrative burden for businesses. The amendments to the Amnesty Orders do not introduce new administrative requirements for businesses.

Regulatory cooperation and alignment

The proposed amendments to the Amnesty Orders do not raise trade law implications, as they do not involve the sale, import, or export of firearms. The proposal is not related to a work plan or commitment under a formal regulatory cooperation forum.

International obligations

The proposed 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, 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 intersecting factors such as gender, age, Indigenous identity, geography, etc. Overall, the measures are expected to have a positive impact on particular groups within the population (e.g. firearm owners) possessing ASFs by extending protection from criminal liability and allowing additional time to comply with legal requirements. The extension would have a gender differential impact, as men are more likely to possess and use firearms, compared to women. Additionally, the measures are expected to have a disproportionately positive impact on individual firearms owners living in certain rural and remote areas of the country. The initiative is expected to continue to disproportionately benefit Indigenous persons, as they likely form the majority of sustenance hunters and/or those exercising a right recognized and affirmed under section 35 of the Constitution Act, 1982.

Rationale

The Amnesty Orders have been extended to allow the appeals before the SCC to be fully argued and decided on their merits. While the Government of Canada remains confident in its position that the prohibitions on ASFs are legally sound and valid, the SCC granting leave to appeal signals that there are issues of national public importance or of such a nature or significance as to warrant a decision by the SCC. Extending the Amnesty Orders provides affected owners additional time to dispose of their prohibited items after the SCC decision is released (i.e. 90 days), should the prohibition on ASFs be upheld. If the Amnesty Orders are not extended, affected owners would be exposed to potential criminal liability, including for unlawful possession of prohibited firearms on or after the current expiry date of October 30, 2026.

The Amnesty Orders have also been amended to permit individuals who enter an agreement with the Government of Canada to ship their prohibited items to a location specified by the Government for destruction, where appropriate, given the location of in-person collection points. This shipping option would provide individuals in certain circumstances with a safe and secure means to dispose of their prohibited items in accordance with the terms of their agreement with the Government of Canada. This option will be available in certain circumstances as determined by the Government of Canada.

Implementation, compliance and enforcement, and service standards

Implementation

The amended Amnesty Orders come into force on the day on which they are made. Those who remain in possession of the prohibited items at the end of the amnesty period could be subject to criminal liability for unlawful possession of the prohibited firearms.

Compliance and enforcement

The disposal of prohibited items is dependent on voluntary compliance by affected individuals and businesses. Calculation of the compliance rate will be based in part on information related to prohibited firearms that were previously restricted and their owners. Calculation of the compliance rate will be complicated by the lack of information about the prohibited firearms that were previously non-restricted and their owners. Following the end of the amnesty period, the Registrar of Firearms will notify licence holders still in possession of prohibited ASFs that were registered (i.e. previously restricted) and notify them of their need to comply with the law. If no action is taken, this information will be shared with local police and Chief Firearms Officers in accordance with existing information sharing authorities.

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