Ottawa announces new rules to regulate sale, transfer of non-restricted firearms

Law360 Canada (May 11, 2022, 2:09 PM EDT) -- Public Safety Minister Marco Mendicino has announced what he describes as “new, more stringent” rules to improve the regulation of the sale and transfer of non-restricted firearms.

Effective May 18, individuals and businesses transferring or selling a non-restricted firearm will be required to confirm the recipient’s identity, and check the validity of the recipient’s firearms licence, with the Registrar of Firearms prior to completing the transfer, including by providing the recipient’s licence number and “any other information requested.”

The May 11 announcement from Public Safety Canada also states that, as of May 18, business and individuals will be able to confirm, seven days a week, the validity of an individual’s firearms licence through the Canadian Firearms Program’s online portal.

Firearms businesses will also be required to retain sales and inventory records related to non-restricted firearms, as was required until 2005.

“This will make it easier for law enforcement to trace crime guns,” the government said. “The records will be held by businesses — not government — and the police will need reasonable grounds to get access to them, often with judicial authorization.”

The regulations are part of former Bill C-71, An Act to Amend certain Acts and Regulations in relation to firearms, which received royal assent in June 2019.

“We are taking action to keep Canadians safe from gun violence,” Mendicino said in a statement. “To that end, we are bringing into force common sense regulations that strengthen public safety through validated ownership, transparent business records keeping, and licence verification prior to purchasing a firearm. Today’s regulations under Bill C-71 will help ensure that firearms do not end up in the wrong hands, assist police in tracing guns used in crime, and are part of the broader strategy to keep communities safe.”

Additional provisions under Bill C-71 to expand background checks to cover an applicant's lifetime, and to reinstate the requirement to apply for an Authorization to Transport restricted and prohibited firearms to locations other than a shooting range or home after a purchase, came into force on July 7, 2021.

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