Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

Fact Sheet

Under Canada’s Firearms Act, all firearm owners and users must have a valid firearms licence and all firearms must be registered. While the Firearms Act applies to everyone in Canada, some provisions of the Act and of the Firearms Licences Regulations have been adapted for Aboriginal peoples who meet all three of the following criteria:

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

These adaptations facilitate the licensing process for Aboriginal people under unique circumstances while maintaining the safety requirements of the Act.

The following summarizes the Aboriginal Peoples of Canada Adaptations Regulations (Firearms).  For a more detailed description of these Aboriginal-specific regulations, please consult the Firearms Licences Regulations.

Applying for a firearms licence

The only firearms licence now available to new applicants aged 18 and older is the Possession and Acquisition Licence (PAL) (CAFC 921).  Aboriginal persons who face difficulties in applying for a licence may make use of the adaptations regulations to help complete their licence application. The Aboriginal-specific regulations address challenges which may occur because of language or literacy, eligibility, conditions, minor’s licences, safety certification and ammunition transferred under treaties. 

Language and Literacy

Where there are language difficulties with English or French, an Aboriginal applicant may use a translator or interpreter to complete the licence application form. In addition, where the applicant is unable to make a written statement on an application form, an oral statement can be written by an individual acting on behalf of the applicant. 

Eligibility for a License

Before a licence can be issued, all licence applicants are screened for criminal activity, incidents of violent behaviour and other safety risks. The Chief Firearms Officer (CFO) for the province or territory will investigate all safety concerns and take warranted appropriate action. In some cases, the CFO may refuse to issue a licence or impose conditions that limit the use of a firearm.

Applicants concerned about being refused a licence or having conditions placed on their licence may ask an Elder or leader in their community for a recommendation confirming the importance to the applicant of engaging in traditional hunting practices. The CFO will take these recommendations into consideration.

Minors’ Licences

In general, to be eligible for a Minor’s Licence to use non-restricted firearms, an applicant must be at least 12 years of age. However, the Aboriginal-specific adaptation allows minors under the age of 12 to obtain a licence if they engage in the traditional hunting practices of their community.

Alternative Safety Certification

All Canadians, Aboriginal and non-Aboriginal, must meet prescribed criteria for the safe handling and use of firearms and demonstrate awareness of the laws relating to firearms. In order to qualify for a licence, an applicant must be safety certified by taking the Canadian Firearms Safety Course (and/or the Canadian Restricted Firearms Safety Course) and passing or successfully challenging its test.  In certain situations, however, an Aboriginal elder, adult or minor may request alternative safety certification and not be required to take the firearms safety course and/or pass the test:

• an elder may request alternative certification because of their status as an elder but must demonstrate to a CFO their knowledge of firearms safety and the laws related to firearms
• for a non-elder who is at least 18 years of age, alternative certification may be necessary if the safety course is not reasonably available or accessible because of time, location or cost.  A recommendation from an elder or leader in the community, confirming the individual has the necessary knowledge to be alternatively certified, is also required
• an individual who is under 18 must provide the CFO with a recommendation from an elder, a community leader or an adult who is at least 18 years of age, has known the minor for at least six months prior to application and has been safety certified by a CFO.  The recommendation must indicate the applicant has the necessary knowledge to be alternatively certified, including knowledge of safe firearms practices and the laws related to firearms 

Licence Renewals

Firearms licences for individuals aged 18 years or older must be renewed every five years.  In general, only individuals with at least one firearm registered in their name may renew a Possession Only Licence (POL). 

This requirement is adapted for Aboriginal individuals who, prior to December 1, 1998, possessed or had use of one or more firearms to engage in traditional hunting practices.  To be able to renew a POL under this adaptation, Aboriginal licence holders must apply for a licence renewal before their current POL expires.  If a POL expires before it is renewed, the only licence available* is the Possession and Acquisition Licence (PAL). To be eligible for this licence, an applicant must meet the safety certification requirements as set out above.

*Exception:  Until May 16, 2013, firearm owners whose POL expired on or after January 1, 2004, may be eligible to apply for a new POL.

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

Treaty Ammunition

In general, ammunition can only be legally transferred to a person who possesses a valid firearms licence. The Government of Canada has eight treaties, however, which provide the treaty beneficiaries with certain amounts of ammunition on an ongoing and annual basis. The transfer provisions of the Firearms Act have been adapted to authorize the transfer of ammunition to treaty beneficiaries who may not possess a valid firearms licence.

Information

For more information, contact the CFP.

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.

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