Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

Under the Firearms Act and regulations, all firearms owners and users need a firearms licence and all firearms must be registered. While the Firearms Act and its regulations apply to everyone, some sections of the Act and of the Firearms Licences Regulations have been adapted for Canada’s Aboriginal peoples who meet all three of the following criteria:

• They must be a member of one of the Aboriginal Peoples of Canada (Indian, Inuit, Métis or a beneficiary under a land claims agreement referred to in section 35 of the Constitution Act, 1982), and
• They must be a member of an Aboriginal community, and
• They must engage in the traditional hunting practices of their community.

These adaptations reflect Canada’s desire to ensure that the application of the firearms law respects the traditional lifestyles of the Aboriginal peoples of Canada.

The following summarizes the Aboriginal Peoples of Canada Adaptations Regulations (Firearms). For a full understanding, the regulations should be read together with the Firearms Licences Regulations. Information is also provided on other regulations that apply to anyone who stores or transports firearms in a remote wilderness area (an area compatible with hunting).

Applying for a firearms licence

The only licence now available to new applicants aged 18 and older is the Possession and Acquisition Licence (PAL) (CAFC 921). Aboriginal persons who wish to take advantage of any of the adaptations indicated below will also need to submit an Aboriginal Peoples of Canada Adaptations Regulations (Firearms) Application (form CAFC 1016).

BACKGROUND CHECKS

Background checks are performed to ensure that licence applicants are not likely to be a danger to themselves or to others. In some cases, the Chief Firearms Officer (CFO) may issue a licence but place conditions on the licence that would limit the licence holder’s ability to use a firearm.

Aboriginal persons who are concerned that they might be refused a licence or that conditions may be placed on their licence may ask an Elder or leader in their community to sign a declaration on form CAFC 1016 to confirm the importance of their being able to take part in traditional hunting activities of their community. The CFO must consider such recommendations from an Elder or leader before refusing or placing conditions on the licence of an Aboriginal person.

Minors’ Licences

In most cases, the minimum age for obtaining a Minor’s Licence to borrow non-restricted rifles and shotguns is 12 years old. However, there is no minimum age for Aboriginal children who take part in the traditional hunting activities of their community. At their discretion, the CFO may place some conditions on the licence. For example, a certain amount of adult supervision may be required.

Safety-training requirements

The safe use of firearms is a top priority of the Canadian Firearms Program. Therefore, it is important for firearm users to understand the firearms laws and know how to store, display, handle, transport and use firearms safely. For this reason, most adults must pass the test for the Canadian Firearms Safety Course (CFSC) before applying for a PAL; most minors must take the course and pass the test before applying for a Minors’ Licence. However, there are some adaptations for those who apply for altnernative certification under the Aboriginal Peoples of Canada Adaptations Regulations (Firearms), as follows:

• An individual who is 18 or older will not have to pass the test if:
  1. he or she is an Elder, or
  2. the course is not reasonably available due to time, location, cost or hardship and the CFO receives a recommendation from an Elder or leader of the individual’s community; and
  3. a CFO has certified that the applicant has the required knowledge.
• An individual aged 12-17 years of age will not have to take the CFSC or pass the test if:
1. an Elder or community leader, or an adult who has passed the CFSC or received alternative certification, attests on form CAFC 1016 that the minor has basic knowledge of firearm laws and safe firearm practices; and
2. a CFO has certified that the applicant has the required knowledge.

Licence Renewals

Firearms licences for individuals aged 18 or older are renewable every five years and must be kept current by anyone who uses firearms. As a general rule, only individuals with at least one firearm registered in their name may renew a Possession-Only Licence (POL). However, that requirement does not apply to Aboriginal individuals who obtained a POL under the Aboriginal Peoples of Canada Adaptations Regulations (Firearms).

To be able to renew a POL, licence holders must apply before their current POL expires. If a POL expires before it is renewed, the only licence available will be the Possession and Acquisition Licence (PAL), which requires meeting safety-training standards set out above.

Reminders and renewal applications (CAFC 979) are sent to all POL and PAL holders at least 90 days before the expiry date of their current licence. To ensure they receive their application and other important notices, it is important that all licence holders notify their CFO of any change of address.

Treaty Ammunition

As a general rule, it is an offence to transfer (give or sell) ammunition to an unlicensed individual. The only exception is ammunition that Her Majesty the Queen transfers to fulfill a treaty obligation. However, the person to whom the ammunition is transferred would still need a licence to be able to use the firearm.

Storing Hunting Rifles and Shotguns

Firearms must always be stored unloaded.

Non-restricted firearms must be:

• made inoperable (for example, by using a trigger lock or cable lock or by removing the bolt so that the firearm cannot be fired), or
• locked in a sturdy cabinet, container or room that cannot easily be broken into.
• The ammunition must be kept away from the firearm unless it is locked up.

Exceptions:

a) When needed for predator control in an area where firearms may lawfully be discharged:

• A non-restricted firearm can temporarily be kept handy. In other words, the firearm does not have to be made inoperable or locked up.
• The ammunition must be kept away from the firearm or locked up.

b) In a remote wilderness area:

• Non-restricted firearms do not have to be made inoperable or locked up.
• They must be unloaded but the ammunition can be kept handy.

Transporting Hunting Rifles and Shotguns

All firearms must be unloaded when they are being transported, except for muzzleloaders being transported between hunting sites and whose firing cap or flint has been removed.

A firearm can be left in an unattended vehicle only if it is locked in the trunk or in a similar lockable compartment. If the vehicle does not have a trunk or compartment in which the firearm can be locked, the firearm must generally be put out of sight inside the vehicle and the vehicle must be locked.

Exception:

In a remote wilderness area :

If the vehicle does not have any place in which to lock the firearm, a non-restricted firearm can be left unattended if it is put out of sight.

• A secure locking device must be put on the firearm unless quick access to the firearm may be needed for predator control.

(Taken from the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.)

Information

For more information, contact us by one of the following methods:

telephone: 1 800 731-4000 (Toll Free)

web site: www.cfc-cafc.gc.ca

e-mail: cfc-cafc@cfc-cafc.gc.ca

This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its regulations.

Provincial, territorial and municipal laws, regulations and policies may also apply.

Le présent feuillet d’information est également disponible en français.

Revised April 2005