Canada defines air gun (also know as BB guns, pellet guns, spring guns or airsoft guns) as an gun that expels a projectile by means of air (pneumatic system), by spring (spring air), and by gas (CO2 or nitrogen).
Canada defines air guns that meet certain criteria as firearms per Canada’s Firearm Act and Criminal Code are regulated as such. These criteria include:
- A high muzzle velocity (greater than 152.4 metres or 500 feet per second)
- A high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds)
Air guns that exceed both of the above thresholds are classified as firearms for purposes of the Firearms Act. If a an air gun exceeds both the muzzle velocity and muzzle energy thresholds, the air gun is subject to the same license and registration requirements of a traditional firearm. Owners of these air guns must store, transport, display and handle them safely in accordance with the regulations supporting the Firearms Act.
Canada uses the manufacturer’s specifications to determines what an air guns muzzle velocity and energy is. If no specifications can be found, a firearm technician may be called about to make the determination.
High powered air rifles are generally classified as non-restricted firearms. However, the classification depends on the design of the air gun. Air rifles manufactured to resemble an assault style rifle could be non-restricted, restricted or prohibited depending on the exact model of assault rifle imitated. High powered air rifles would also be prohibited firearms if fully automatic or if they have a sawed-off barrel. The air gun could also be considered a restricted firearms if the air gun has a folding stock that reduces the overall length to less than 660mm.
Air Guns That Meet The Criminal Code As A Firearm But Are Exempt For Certain Purposes Per The Firearm Act
Air guns that have a maximum muzzle velocity of 52.4 metres (500 feet per second) and/or a maximum muzzle energy of 5.7 joules (4.2 foot-pounds) are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate.
If however, one of these air guns is used in a crime, the air gun will be considered to be firearms under the Criminal Code. Anyone who uses such an air gun to commit a crime will face the same penalties as someone who uses a traditional firearm.
Air Guns That Are Considered Replica Firearms
Replica air guns are air guns that are not powerful enough to cause serious injury or death, but designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.
In particular, airsoft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy and that usually discharge projectiles made out of plastic or wax rather than metal.
An airsoft gun that fires a .20g 6mm plastic pellet with a muzzle velocity below 111.6 m/s (366 fps) and resembling with near precision an existing make and model of a firearm other than an antique firearm, is a replica firearm and therefore a prohibited device.
Although replica firearms are prohibited, individuals may keep the air gun if it was owned on December 1, 1998 or before. You don’t need a licence to possess them, and they do not need to be registered. You cannot import or acquire a replica firearm however. If you take a replica air gun out of Canada, it will not be allowed back in.
The Criminal Code sets out penalties for using a replica firearm or any other imitation firearm to commit a crime.
Air Guns That Are Neither Firearms Nor Replicas
Air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. Just like replica air guns, these air guns generally fall within the definition of an “imitation firearm” and may be subject to some penalties under the Criminal Code if used to commit a crime.
Legal Age To Carry An Air Gun
Carrying an air gun is permitted for those aged 14 or older.
Suppressors On Air Guns
Suppressors for all firearms, including airguns, are prohibited in Canada.
Hunting With An Air Gun
- Alberta – Air rifles are allowed for hunting (presumably only for small game). Air pistols are allowed only if they have a velocity below 500 fps.
- British Columbia – There are currently no prohibitions on the use of air guns to hunt upland game birds/small game in British Columbia. There are no restrictions on velocity/ammunition requirements. However, note that it is an offence to hunt with a with a firearm that is designed, altered or intended to be aimed and fired by the action of one hand or that has a barrel less than 305 mm in length.
- Ontario – Air and pellet guns are not permitted for hunting big game, but may be used for hunting small game.
- Yukon – 4.496 mm or 5.6 mm air guns are permitted for the hunting of snowshoe hares, arctic ground squirrel, porcupine, spruce / ruffed grouse, dusky grouse, sharp-tailed grouse, ptarmigan
Local Jurisdiction Airgun Laws and Regulations
Below are the laws and regulations for airguns for local jurisdictions in Canada.
Montreal, Canada
CA28 0017, chapter 4, paragraph 33
It is illegal to shoot with an airgun within 300 meters of any dwelling or any building.
Québec, Canada
Institutions where the presence of airguns are prohibited:
- preschools, elementary and secondary schools;
- post-secondary colleges;
- general and vocational colleges;
- vocational training centres;
- adult education centres;
- universities;
- childcare centres;
- day care centres;
- kindergartens;
- school day care services.
Possession of a airgun is also prohibited on the premises of home day care services.
Toronto, Canada
139-l. Discharge prohibited.
No person shall, within the Borough of Etobicoke, discharge any gun or other firearms or airgun, spring gun or any class or type thereof.
130-3. Private property restrictions.
Nothing in this chapter contained shall prevent any person (otherwise having the legal right to do so) discharging a gun or other firearm upon private property if such discharge is with the consent in writing of the owner or occupant of such private property and so that the bullet shot or other missile fired or ejected from such gun or other firearm will not in its course pass beyond the confines of such private property.
Penalties for offences.
Any person convicted of a breach of any of the provisions of this chapter shall forfeit and pay a penalty not exceeding the sum of two thousand dollars ($2,000.), exclusive of costs, for each offence.