Weapon offences are treated harshly in Canada—and owning pepper spray in Ontario without the necessary permits will be considered such an offence, in most cases.
The Criminal Code of Canada defines a prohibited weapon as:
“Any device designed to be used to injure, immobilize or otherwise incapacitate any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person.”
Pepper spray is, therefore, a prohibited weapon. Owning it even for self-defence is illegal. The sentence for a conviction for the possession of pepper spray is a maximum of 10 years in prison and fines up to $5,000—plus a criminal record that could significantly impact your future.
Familiarizing yourself with the laws surrounding pepper spray—and the exceptions—is essential if you are wondering whether you can possess it legally in Ontario.
Prohibited weapon classifications in Canada
Most people in Canada are aware that some weapons like firearms are prohibited to protect public safety—but there are some surprising inclusions on the list of prohibited weapons.
Weapons like crossbows and firearms can be used for hunting but pepper spray is also considered a weapon under the Canadian Criminal Code. Pepper contains oleoresin capsicum, a naturally occurring irritant that causes burning and tearing of the eyes.
Pepper spray is relatively cheap and available but its classification as a prohibited weapon makes it essential to understand the regulations for its use.
Purchasing spray requires a valid Firearms Acquisition Certificate or Authorization to Carry—even if it is used as a self-defence tool. Using pepper spray for non-defensive purposes can attract heavy penalties for convictions.
Is it illegal to bring pepper spray into Canada?
As a prohibited weapon under the Criminal Code, pepper spray cannot be brought legally into Canada. Individuals caught with pepper spray while crossing the Canadian border can face more than confiscation of the spray. A criminal charge and possible jail time may result.
Attempting to import a prohibited weapon into Canada is an indictable offence with a potential prison time of up to 10 years (a minimum sentence of one year).
Pepper spray and weapon offences in Canada
Various sections of the Criminal Code of Canada address different aspects of carrying, possessing, and using weapons in the country.
Section 88
Section 88 details the offence of possessing a weapon for a dangerous purpose (to cause bodily harm) without proper authorization.
This includes carrying or possessing a weapon (including pepper spray), imitation of a weapon, prohibited device or ammunition.
Even if you possess pepper spray to protect against an attacker, it may not be considered a valid reason by the court. You could end up with a criminal conviction and permanent criminal record simply for trying to protect yourself.
Anyone who possesses pepper spray legally must also use it responsibly according to Canadian laws, e.g., it must remain in your possession and not be passed on to somebody else and it cannot be taken onto a plane or outside of Canada.
Punishments can range from fines to jail time, with more serious consequences for anyone who has a previous criminal record.
Section 89
Section 89 of the Criminal Code states that anyone who possesses any type of firearm or other prohibited weapon (including pepper spray) in a public place, conveys them from one place to another or stores them without taking reasonable precautions can be charged with a summary offence.
This can lead to a trial without a jury. Punishments range from fines to imprisonment of up to two years or both. Again, anyone with a previous criminal record faces the most serious penalties.
Section 90
Section 90 refers to carrying concealed weapons, a serious offence that can lead to substantial criminal penalties, including a prison term of up to five years.
Again, pepper spray that is hidden in a bag and essentially visible without searching that bag could constitute a concealed weapon in Canada.
To ensure personal safety, the safety of others, and compliance with the laws, familiarize yourself with the authorization required to carry pepper spray—and how you should carry and secure it when not in use.
Are there exceptions to pepper spray regulations in Canada?
Several exceptions exist to the laws governing pepper spray in Ontario and around Canada.
Most notably, law enforcement officials and government employees are legally allowed to carry pepper spray for work-related purposes if they possess the necessary permits.
Also, some similar products to pepper spray can be legally carried and used in Ontario. For instance, bear mace products designed specifically to be used on animals (including bears) are classified as pest-control products.
Under Canada’s Pest Control Product Act, a pest is defined as any animal deemed injurious, noxious, and troublesome. Bear mace products qualify as legal in Canada if they are used only to control pests.
What should I do if I have been charged with a weapon offence in Ontario?
Always check local regulations before purchasing, carrying, or using any type of pepper spray product. The laws concerning weapons can be complex and many individuals are caught unaware because pepper spray and other self-defence products are often not considered weapons by the general public.
In Ontario, to carry pepper spray legally requires a permit. If you are caught by law enforcement in possession of the substance or a device without valid authorization, you may be charged with a weapons offence under Section 88,89 or 90 of the Criminal Code of Canada.
A criminal conviction can cause multiple negative consequences for the future besides incarceration and fines. For instance, employment, education, travel, immigration status, and more can be impacted.
Therefore, if you are charged with a weapon offence in Ontario, it is essential to seek advice from an experienced criminal defence lawyer. The characteristics of the specific pepper spray product and its intended use could be highly relevant to the case—and your chances of escaping a conviction.
With the right experience in such cases, a criminal defence lawyer can often present a compelling defence against the charges. The case may be dismissed, the defendant acquitted, or the worst consequences of a conviction prevented.
To understand your legal options if you are charged with possession of pepper spray in Ontario, speak to one of our criminal defence lawyers in Ottawa during a free consultation.
Punishments for carrying a concealed weapon in Ontario
As a hybrid offence, the punishments for carrying a concealed weapon vary greatly depending on the circumstances.
If prosecuted as a summary offence, the accused faces a maximum of two years less a day in prison and/or a $5,000 fine.
As an indictable offence, the accused faces a maximum of five years’ imprisonment. The case may be heard by a provincial court, a superior court judge alone or a superior court judge and jury.
If you have been arrested and charged with any criminal offence in Ontario, contact an experienced criminal lawyer at Affordable Defence for a free case evaluation.