Understanding the Legalities of Bear Spray in Canada, BC, and Vancouver
Bear spray is an essential safety tool for many Canadians, especially those venturing into the wilderness. However, its misuse in urban areas has sparked discussions about stricter regulations. This blog explores the legalities of carrying and selling bear spray in Canada, with a focus on British Columbia (BC) and Vancouver.
What is Bear Spray?
Bear spray, a form of pepper spray, is designed to repel aggressive bears by causing temporary irritation to their eyes, nose, and lungs. It is regulated by Health Canada and classified as a pest control product under the Pest Control Products Act. While legal for wilderness protection, its use against humans can lead to criminal charges.
Provincial Regulations in BC
In BC, bear spray is commonly used by outdoor enthusiasts. However, concerns about its use in crimes have led to regulatory discussions. Public Safety Minister Mike Farnworth has indicated that the provincial government is actively investigating issues related to banning bear spray, particularly in urban areas. Currently there are no provincial regulations governing the sale of it, including age restrictions, except in specific municipalities like Vancouver.
Vancouver's Bylaws
Vancouver has implemented bylaws to regulate bear spray sales. These regulations prohibit sales to individuals under 19 or those without identification. Retailers must store bear spray in areas inaccessible to the public and maintain records of sales. These measures aim to prevent misuse while ensuring that legitimate users can still purchase it for wilderness safety.
The Criminal Code and Bear Spray
Carrying bear spray in urban areas can lead to legal consequences. Under section 90(1) of the Criminal Code of Canada, it is considered carrying a concealed weapon. Recent legislative discussions propose expanding the reverse onus provision to include bear spray, meaning individuals accused of crimes involving bear spray would have to prove why they should be granted bail.
Impact on Rural Safety
Bear spray is vital for the safety of those exploring the wilderness in BC. Minister Farnworth highlighted that tens of thousands of British Columbians venture into bear country, where bear spray is a necessary protective tool. A broad ban could jeopardize the safety of these individuals by removing an effective means of defense against wildlife.
Balancing Urban and Rural Needs
The challenge lies in balancing the need to prevent criminal misuse of bear spray in urban areas with maintaining access for legitimate rural and wilderness users. Effective regulations must consider the diverse needs across different regions to ensure public safety without compromising the protection of outdoor enthusiasts.
Perspectives and Quotes
Minister Farnworth emphasized the government's willingness to explore additional measures: "If there are other things we can do to either limit it or restrict its sale, I’m more than willing to look at that." His comments reflect the complexity of regulating bear spray while addressing both urban and rural concerns.
Saadiq Daya of TinHat Supplies maintains that we cannot focus on the base level solutions for societal issues. The fact that there is misuse by some, does not mean we should look to extreme measures that will impact the law abiding citizen 99 to 1. Misuse is not preventable, we need to look deeper into why its happening, and address that.
Teens and youth misusing the products are in environments that create those outcomes. We need to make sure we create communities, jobs, and opportunities so that these outcomes are reduced.
The Future of Bear Spray Legislation
As legislative discussions continue, the future of bear spray regulations remains uncertain. Proposed changes to the Criminal Code and provincial laws could significantly impact how bear spray is sold and carried. Ongoing public input and debate will play a crucial role in shaping effective and fair policies.
Conclusion
The legalities of carrying and selling bear spray in Canada, particularly in BC and Vancouver, are complex and evolving. Balancing the needs of urban and rural communities is essential to ensure public safety measures do not compromise the protection of those who genuinely need bear spray. By staying informed about current laws and proposed changes, consumers and retailers can help ensure the responsible use and regulation of bear spray.
We sell Bear Spray and Dog Spray, and we encourage people to always think about safety when going in the wilderness, traveling at night, or walking in areas with potential danger from wild or loose animals.