Casual legal: Municipal firearm powers
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Austin Leask
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
Firearm regulation in Canada is a mixed bag. The federal government can make rules about firearms through its criminal law power. Federal legislation like the Criminal Code and the Firearms Act, deal with licensing, registration and lawful use of firearms.
The Provincial government also has power to make rules about firearms through its jurisdiction over property and civil rights. This includes rules related to hunting, shooting ranges, and the transportation of firearms.
While Provincial powers are often passed down to municipalities through the Municipal Government Act (the “MGA”), in the case of firearms, municipalities are expressly limited in their authority.
Section 74 of the MGA provides that a municipal bylaw banning the shooting or use of a firearm, or another device that propels a projectile, in all or part of the municipality does not come into force until it has been approved by the Minister responsible for the Wildlife Act. In other words, a “no shooting” bylaw passed by a municipality has no legal effect until the Minister approves it.
Section 74.1 of the MGA creates a broader rule. Subject to limited exceptions, council may not bring into force a bylaw “respecting firearms” unless the bylaw is approved by the Lieutenant Governor in Council. This requirement applies to new firearms bylaws and amendments to firearm bylaws that come into force after section 74.1 came into force.
The exceptions to section 74.1 are:
- a bylaw that must be approved under section 74; and
- a firearms bylaw that was already in force on or before section 74.1 came into force.
When considering a bylaw that regulates a firearm, or another device that propels a projectile, a municipality should carefully consider the wording and purpose of the proposed bylaw. It should be clear whether it is a “no shooting bylaw” or a broader bylaw “respecting firearms” so that, if necessary, the correct approval is received. Without complying with these sections of the MGA, the bylaw may have no force and end up shooting blanks.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
