The question of whether it’s legal to have a gun at work in Canada is a fascinating one. Rooted in the Canadian legal framework and our broader societal values, this topic is connected by several overarching areas: general Canadian gun laws, specifics of carrying firearms in public, and the employment law perspective.

Compared to the majority of countries worldwide, Canada has some of the most stringent gun laws. Unlike the United States, the ownership of firearms is seen as a privilege rather than a constitutionally protected right.

Possessing a firearm in the workplace in Canada

In Canada, firearms are classified into three categories: 

Now that you know the classifications of weapons, is it legal to carry any of them to work? The short answer is, in most situations, no. Canadian gun laws prohibit carrying a concealed weapon, whether at work or elsewhere, unless a person has an Authorization to Carry permit.

These permits are only granted under particular circumstances, typically if a person’s life is in imminent danger or their job requires a firearm for protection when carrying cash or other valuable goods. For the average worker, getting an ATC is virtually impossible. 

Can I bring a gun to work if I already have a license?

Some may wonder, “What if I already have an ATC permit?”. In the instance where you have obtained an ATC permit, employers still have the right to dictate firearms rules based on the work environment, employment laws, and workplace regulations.

An example of a workplace that may permit the carrying of firearms is in security jobs where employees are at risk of violence or danger. Conversely, a gun would be considered unnecessary and even detrimental to the safety and well-being of all employees in most jobs in offices.

Strong emphasis on public safety

In addition to the legality of carrying a gun to work, another aspect to consider is the broader cultural implications of carrying firearms in public. Canada places a strong emphasis on public safety. This societal value is reflected in its strict gun laws. The thought of bringing a gun into the workplace may feel foreign and jarring to many Canadians, who generally view workplaces as safe spaces where such measures should not be necessary.

The consensus, both legally and culturally in Canada, is that carrying a firearm in the workplace is mainly unnecessary and inappropriate. 

As with any legal question, specific circumstances might create exceptions, but those are far from the norm. It’s also worth noting that laws may change over time.

Thus, we return to our original question, “Is having a gun at work in Canada legal?” Given the existing legal and cultural framework, most individuals’ answers would be a resounding no. 

However, it’s always essential for anyone dealing with such serious matters to seek appropriate legal advice. The issue’s complexity underscores the importance of understanding and respecting the laws that help shape our shared work environments and ensure the safety of all individuals involved.

What are the rules for guns in Canada?

Aside from cultural implications, what are the actual rules and laws? The Canadian Criminal Code serves as the primary legal framework regarding firearm possession and use in the country. Under Section 91(1) of the Criminal Code, possessing a firearm without a license or registration certificate is generally illegal. Exceptions exist for those in the military or law enforcement officers who are authorized to carry guns.

The Firearms Act is a federal law that outlines specific rules for obtaining a license and registering firearms. The Act has extensive provisions detailing applying for and maintaining a firearm license. It also provides for background checks, training requirements, and storage laws.

Where does it say that I cannot bring a gun to work?

While no specific federal law expressly allows or prohibits having a gun at work, each province’s occupational health and safety legislation may indirectly touch on this issue. These laws require employers to provide a safe working environment, and they may interpret the presence of a firearm as a threat to this safety.

Employers may also establish rules and policies regarding firearms at the workplace, especially if the work involves safety-sensitive situations. When employees feel that the presence of weapons compromises their safety, they may be able to refuse unsafe work under provincial labour laws.

Despite the lack of specific laws regarding firearms in the workplace, the case of R. v. Dunn (2010) indirectly touches on the topic. In this case, the accused was charged with unsafely storing firearms at his place of business. Although the case was not specifically about “having a gun at work,” it did set a precedent regarding how firearms should be stored in a non-residential setting.

The right environment

In Venneri v. Canada (2013), the Court upheld the revocation of a firearms license due to concerns over the individual’s mental health and possession of firearms at work. This case illustrates that even if there is no specific prohibition against having a gun at work, license holders must still meet the conditions in the Firearms Act.

In addition to case law and statutes, there may also be industry-specific regulations or guidelines. For example, the security industry might have different rules for armed and unarmed security guards. In industries with a high risk of encountering wildlife, like forestry or oil and gas, there might be regulations about carrying firearms for protection against wildlife.

Criminal Code and the Firearms Act

While there are no specific laws that address “having a gun at work in Canada,” the Criminal Code and the Firearms Act, provincial health and safety legislation, and various cases have indirectly addressed this issue.

The legality of having a firearm at work largely depends on factors such as the individual’s license, employer policies, nature of work, and potential safety risks. 

Workplace firearm possession in Canada

There have been several high-profile cases involving individuals who have brought guns to their workplace, which have sparked controversy and significant media attention. In 2019, a well-respected engineer at a technology company brought a gun to work, alarming his colleagues. While licensed and never displaying any alarming behaviour, his action was prompted by a domestic dispute and fear for his safety.

The story became national news because it highlighted the issue of stress at the workplace and the potential danger of legally owned guns being misused. The individual was charged under the Criminal Code for unsafe storage of a firearm, but the case ultimately sparked a nationwide debate about mental health, domestic violence, and gun control.

In another incident, an employee at a Vancouver restaurant brought a gun to work, which was accidentally discharged and injured another staff member. The case led to widespread public outcry for stricter gun control laws, especially concerning restricted arms such as handguns.

The employee was charged with numerous offences, including reckless discharge of a firearm, and the incident brought attention to the broader issues of workplace safety and the need for stringent firearms education.

Recent mass shootings

Perhaps the most controversial case occurred in 2022 in rural Alberta. A school teacher brought a handgun to a public high school, claiming it was for self-defence against potential school shooters, citing recent mass shootings in the United States. The gun was discovered in the teacher’s bag during a random security check, which led to immediate dismissal and charges. This incident sparked a media frenzy and a heated debate on whether teachers should be armed to protect students.

While there may be rare exceptions to the norm, it is generally illegal for most people to bring a gun to work in Canada. In addition to the legality, our broader societal and cultural values do not align with carrying firearms. We hope this article clarifies any misconceptions about being able to carry guns to work.