Is Pepper Spray Legal in Canada?

Prohibited Weapon

A prohibited weapon is any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person.  Pepper spray is prohibited under the Firearms Act and falls under the category of prohibited weapons listed in the Canadian Criminal Code. This means it’s illegal for you to own, make, sell, or even use it in Canada. Section 92 makes it clear that possession of a prohibited weapon is an offence. 

Weapons offenses

As already mentioned, possessing or carrying mace is a criminal offense in Canada. It is classified with the other types of possession offenses outlined in sections 88 to 91 of the Criminal Code.

The law takes a firm stand on the possession of pepper spray. If you are caught in possession of pepper spray, you can be charged with a criminal offense. The maximum penalty for possessing a weapon for a dangerous purpose is 10 years imprisonment. Unauthorized possession of a prohibited weapon carries a maximum penalty of 5 years imprisonment. Potential fines are up to $5,000, when carrying a concealed weapon. You will also end up with a criminal record that could negatively impact your future. Additionally, using pepper spray can escalate charges to assault with a weapon (Section 267, Criminal Code). 

Possession of a Weapon for Dangerous Purposes (s. 88)

In Canada, the law is clear: if you’re found with a weapon that could harm others or for any unlawful reasons, you’re committing an offense (section 88, Criminal Code). Pepper spray is seen as such a weapon. This means that if you are caught carrying pepper spray, you could be looking at criminal charges.

The extent of the punishment you might face depends on the gravity of your case. The Crown can choose to deal with it in two ways: summarily, which is less severe, or by indictment, which is more serious and could lead to harsher penalties.

In the most extreme cases, the penalty can be as big as ten years in prison. So, it’s absolutely vital for you to understand the gravity of these laws and to steer clear of carrying items like pepper spray.

Carrying a Weapon While Attending Public Meeting (s. 89)

Section 89(1) of the Criminal Code makes it an offense for any individual to carry, without lawful reason, a prohibited weapon, prohibited device, ammunition, or prohibited ammunition while attending or on the way to attend a public meeting. 

Because pepper spray is a prohibited weapon, carrying it in public is illegal. This means if you’re found with pepper spray at a public meeting or even on your way to one, you’re breaking the law.

The prosecution for such offenses is handled summarily, which means it’s a less severe process but still carries significant consequences. The penalties can range from a fine to imprisonment for up to two years, or in some cases, both.

Carrying Concealed Weapon (s. 90)

Carrying a concealed weapon is a serious crime in Canada (section 90, Criminal Code), and pepper spray falls under this category. Even though it might seem harmless, if you’re carrying it hidden, meaning it’s not visible without searching your belongings, it’s still considered a weapon.

Under the Criminal Code, carrying any weapon without authorization from the Firearms Act is illegal. The penalty can be quite severe if you’re caught with concealed pepper spray. You could face anything from fines to up to five years in prison, depending on how the Crown proceeds.

Unauthorized Possession of Prohibited Weapon or Restricted Weapon (s. 91(2))

In Canada, mace, a form of tear gas, is considered a prohibited weapon. You could face severe repercussions if you have it without the right license. If you’re caught with mace and don’t have a valid permit, you’ll be prosecuted under section 91(2) of the Criminal Code. This section states that unauthorized possession of a prohibited or restricted weapon could land you up to five years in prison.

Exceptions for Possession or Carrying of Pepper Spray

There is one exception to the pepper spray legislation in Canada. According to Canada’s Pest Control Product Act, sprays designed for use on pests are legal in Canada. The term “pest” includes an animal that is injurious, noxious, and troublesome. However, pepper spray does not fit under this exception. 

Based on this definition, bear spray fits easily into the category of pest-control products, which are legal in Canada. Even so, if you are caught with bear spray in an area not associated with bears or wildlife, you can still be charged with the criminal offense of possessing or carrying a weapon. 

It’s always a good idea to check your local regulations before you buy, carry, or use any kind of pepper spray product. In fact, by getting a handle on the laws and rules around bear spray in Canada and making sure you use your mace responsibly, you can protect yourself from potential legal issues.

Is it legal to have pepper spray in Canada?

No, it is illegal to have pepper spray in Canada. Pepper spray is classified as a prohibited weapon under the Firearms Act, which forms part of the Criminal Code of Canada.

Can you carry pepper spray for self-defence in Canada?

No, you cannot. Pepper spray is considered a prohibited weapon, therefore Canadian law does not allow anyone to possess or carry it.

Can you carry bear spray for self-defence in Canada?

No. While bear spray can be legally purchased in Canada, carrying it for self-defence against people is illegal. Bear spray is only lawful when used for its intended purpose which is protection against bears in wilderness areas.

Carrying bear spray in an urban setting or with the intent to use it on humans could result in serious criminal charges, including carrying a concealed weapon (up to 5 years imprisonment) or possession of a weapon for a dangerous purpose (up to 10 years imprisonment).

Why is pepper spray banned in Canada?

Pepper spray is considered a prohibited weapon. A prohibited weapon is any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person. Pepper spray is prohibited under the Firearms Act and falls under the category of prohibited weapons listed in the Canadian Criminal Code.

Canada’s prohibition on pepper spray reflects a legal approach that prioritizes public safety over personal armament. The goal is to reduce the risk of harm in public spaces and prevent everyday disputes from turning into serious incidents.

Pepper spray can easily be misused as an offensive weapon, either intentionally or in the heat of a conflict. Its deployment carries health and safety risks, including respiratory distress, eye injuries, and skin irritation, which can have serious consequences for both the target and bystanders. [Government of Canada, “OC Spray – A Review of Its Possible Risks Including Carcinogenicity”] 

Rather than defusing a dangerous situation, pepper spray may escalate confrontations, provoking aggressive responses or panic in crowded environments. This risk is one reason Canadian law prohibits civilian use.

What happens if you’re caught with pepper spray?

If you are caught in possession of pepper spray, you can be charged with a criminal offense and could receive lengthy imprisonment sentences. The maximum penalty for possessing a weapon for a dangerous purpose is 10 years imprisonment. Unauthorized possession of a prohibited weapon carries a maximum penalty of 5 years imprisonment. Potential fines are up to $5,000, when carrying a concealed weapon. You will also end up with a criminal record that could negatively impact your future.

What is the penalty for pepper spray in Canada?

The extent of the punishment you might face depends on the gravity of your case. The Crown can choose to deal with it in two ways: summarily, which is less severe, or by indictment, which is more serious and could lead to harsher penalties.

In the most extreme cases, the penalty can be as big as ten years in prison. A fine up to $5000 may also be issued.

Is it legal to bring pepper spray into Canada from the United States?

No, it is illegal to bring pepper spray into Canada from the United States. Pepper spray is listed as a prohibited weapon under the Criminal Code. If you’re caught at the Canadian border with pepper spray, there could be serious consequences. These might include penalties, potentially even jail time, and a criminal record. If found guilty, you could be facing an indictable offense with potential jail time of up to 10 years. 

Is pepper spray legal in Ontario/BC/Alberta/Quebec?

The Firearms Act and Canadian Criminal Code applies to all of Canada. Therefore, pepper spray remains illegal in all provinces and territories, including Ontario/BC/Alberta/Quebec.

What can I carry instead of pepper spray in Canada?

For personal safety, Canadians are encouraged to use alternatives that do not fall under prohibited weapon laws, such as:

• Personal alarms or whistles
• Flashlights or smart devices with safety apps
• Self-defence training that emphasizes escape and avoidance
• Dog spray (legal for protection against aggressive animals, with caveats)
• Self-defence keychains (alarms, lights, glass breakers – avoid weapon-like designs)

Is homemade pepper spray legal?

Pepper spray is classified as a prohibited weapon under the Criminal Code and is listed in the Regulations Prescribing Certain Firearms and Other Weapons. That means manufacturing, selling, or using any kind of spray designed to injure or incapacitate a person is considered a criminal offense, even homemade pepper spray.

What happens if you pepper spray someone?

When pepper spray is used on someone, it can cause physical injuries and create immediate and potent effects including: 

• Immediate and intense burning pain in the eyes
• Temporary blindness
• Difficulty breathing
• Coughing
• Disorientation.

The consequences of using pepper spray on someone else, even in self-defense, can be severe. If caught, you could face legal consequences, including fines or imprisonment. This is because pepper spray is on the list of prohibited weapons, and using it against someone else would be classified as assault under the Criminal Code.