On October 20, 2023, the Canadian government approved the Order Amending the Order Declaring an Amnesty Period (2020) under the Criminal Code (SOR/2023-223). This amendment extends the amnesty period for individuals and businesses in lawful possession of prohibited firearms until October 30, 2025.

The initial order, which came into effect on May 1, 2020, classified over 1,500 makes and models of assault-style firearms (ASFs) and their variants as prohibited. This prohibition also included upper receivers of certain military-pattern firearms like the M16, AR-10, AR-15, and M4. The amendment acknowledges that these changes resulted from the Regulations Amending the Regulations Prescribing Certain Firearms, which sought to improve public safety by restricting access to high-risk firearms.

The original amnesty was designed to protect those who found themselves in possession of these prohibited items as a result of the new regulations. It allowed them to avoid criminal charges while they took steps to comply with the law. Affected owners were required to hold a valid firearms license during this period. The amnesty order provided several options for disposal of prohibited items, including deactivation by approved businesses, surrendering to law enforcement, exporting, or returning to manufacturers.

Since the amnesty period began, estimates suggest that around 150,000 ASFs are affected by the prohibition. Out of these, approximately 110,292 were previously classified as restricted, while about 39,708 were classified as non-restricted. The number of prohibited devices is harder to quantify since non-restricted firearms do not require registration under the Firearms Act.

The order has been amended multiple times to adapt to the circumstances and needs of affected individuals. For instance, in March 2022, the amnesty was first extended to October 30, 2023, to provide further protection and time for compliance. However, as that date approached, the need for an additional extension became apparent. Thus, the new amendment prolongs the amnesty until 2025, reflecting ongoing concerns about compliance and safety.

The primary objective of this extension is to mitigate potential criminal liability for individuals who may not have completed the required actions to dispose of their prohibited firearms. If the amnesty were to expire without further extensions, affected owners could face severe legal repercussions, including criminal charges for illegal possession.

The regulatory impact analysis highlights the challenges faced by affected owners in disposing of their firearms within the original timeframe. The extended period is intended to allow affected individuals and businesses to engage with the disposal options available, thus promoting lawful behavior and reducing the risk of illegal firearms circulation.

Canada (SOR/2023-223) November 8, 2023