Is Pepper Spray Legal in Canada? Bear Spray, Mace and the Rules

Pepper spray sold or marketed for use on a person is a prohibited weapon under federal law in Canada, while bear spray labelled and registered for use on animals is legal to buy and carry, and the difference turns on the product's label and registration rather than its chemistry.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers the federal law that applies across every Canadian province and territory: the Criminal Code, RSC 1985, c C-46, the Regulations Prescribing Certain Firearms and Other Weapons, SOR/98-462, and the Pest Control Products Act registration scheme administered by Health Canada. It also notes one province specific retail rule from Manitoba. It does not cover the law of self-defence itself; for that, see Self-Defence Laws in Canada.

Is Pepper Spray Legal in Canada?

No. Pepper spray, OC spray and Mace marketed or designed for use on a person are prohibited weapons under federal law, and possessing one without lawful authority is a criminal offence.

The Criminal Code sets up the framework in two steps. Section 2 defines a weapon broadly:

"weapon means any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm..." (Criminal Code, RSC 1985, c C-46, s 2)

Section 84(1) then defines a narrower category, a "prohibited weapon," which includes "any weapon, other than a firearm, that is prescribed to be a prohibited weapon" (Criminal Code, RSC 1985, c C-46, s 84(1)). That prescribing power hands the actual list to the regulations, and the Regulations Prescribing Certain Firearms and Other Weapons, SOR/98-462, Part 3, item 1, names the device this article is about:

"Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating 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." (SOR/98-462, Part 3, item 1)

That single item covers pepper spray, Mace and any similar OC spray canister sold or labelled for use against a person. It does not matter what the product is called on the shelf. What matters is that it is designed to injure or incapacitate a human being.

Why Bear Spray Is Different (Label and Registration, Not Chemistry)

Bear spray is usually the same active ingredient as pepper spray marketed for personal defence, capsaicin. The legal line between them is not the chemical inside the can. The Canada Border Services Agency's Memorandum D19-13-2, which classifies weapons and devices, states the exception directly:

"Exception: Aerosol or similar dispensers that contain substances capable of repelling or subduing animals (e.g., dog or bear repellent) are not considered prohibited weapons if: (i) The label of the container indicates specifically that it is for use against animals only (ii) The provisions of the Pest Control Products Act are met... the misuse of these or any other similar device may nonetheless be punishable under other laws." (CBSA Memorandum D19-13-2, para 23)

So a can of bear spray is not a prohibited weapon because its label restricts it to animal use and its registration under the Pest Control Products Act backs that up, not because the spray itself is somehow milder or chemically distinct. CBSA's own language flags the other half of this rule too: misusing a legally labelled can against a person remains punishable under other law, a point covered below.

Health Canada's Pest Management Regulatory Agency confirms the registration side of that test. Its re-evaluation decision for capsaicin and related capsaicinoids states:

"Capsaicin and its related compounds are the only actives registered to repel bears. These are restricted class products formulated as pressurized spray to be used only by authorized customers." (Health Canada, Re-evaluation Decision RVD2023-10, Capsaicin and Related Capsaicinoids)

The same decision notes that lower-concentration dog and coyote deterrent sprays sold for domestic use are registered separately from bear spray, at a lower concentration and in a smaller size. Both categories sit outside the prohibited weapons list because they are designed and labelled exclusively for use against animals, with Pest Control Products Act compliance as the second CBSA condition, not because they work differently on the skin than pepper spray does. CBSA adds that "the manufacturer's label and specifications will be deemed as the design of the product."

Buying and Carrying Bear Spray

Because properly labelled, PCPA-registered bear spray is not a prohibited weapon, an adult can buy it and carry it in Canada for its intended purpose, protection against an animal such as a bear.

Manitoba is the one province where a specific retail rule was confirmed for this article. Manitoba's guidance for retailers requires the seller, not the buyer, to keep records:

"Retailers must keep a record of sales and declaration forms for sales of restricted products... Retailers also must ensure that persons purchasing bear sprays read, complete, and sign a Declaration for Restricted Pesticides Containing Capsaicin, Form 7 (updated)... and provide government-issued photo identification to the vendor... effective April 13, 2023." (Manitoba Agriculture, Regulation of Sales of Capsaicin Containing Animal Sprays including Bear Repellent in Manitoba: Information for Retailers)

That same Manitoba guidance directly rules out an assumption some buyers make: "There is no age restriction for persons wishing to purchase bear sprays. The Declaration form does not require the person buying bear spray to show proof of age." The identification and declaration requirement tracks the sale for regulatory purposes; it is not an age gate. No equivalent retailer-licensing rule was confirmed for any other province in researching this article, so this point is presented as a Manitoba specific rule rather than a national one.

A commonly repeated claim online is that bear spray canisters are capped at a fixed volume, such as 500 mL, by law. No primary federal, provincial or CBSA source confirms a blanket statutory size limit. Container size is set by each product's individual registration and label under the Pest Control Products Act, not by one fixed number in a statute. Treat any specific volume figure you see elsewhere as a claim to verify against the product's own label, not as a legal ceiling stated here.

Crossing the Border With Bear Spray or Pepper Spray

The same label and registration test that separates bear spray from a prohibited weapon inside Canada also governs bringing it across the border. CBSA Memorandum D19-13-2 classifies animal repellent sprays under the same exception described above: a can labelled specifically for animal use and meeting the Pest Control Products Act is not treated as a prohibited weapon at the border.

A canister of spray marketed or labelled for use on people, by contrast, falls squarely within Part 3, item 1 of SOR/98-462 and is a prohibited weapon that generally cannot be brought into Canada. Anyone travelling with an animal repellent spray should keep the product in its original, clearly labelled packaging and be prepared to show a border officer that it is registered and marketed for animal use, since a relabelled or unlabelled canister loses the basis for the exception.

Using Pepper Spray or Bear Spray on a Person

A properly labelled can of bear spray is not a prohibited weapon to own. That protection disappears the moment a person carries it planning to use it on someone, or actually uses it on someone.

This is because the Criminal Code's definition of "weapon" in section 2, quoted above, turns on intent and use, not on what a label says. An otherwise legal item becomes a weapon in law the moment it is carried or used for the purpose of causing injury or of threatening or intimidating a person. Two offences follow from that:

• Section 88(1) makes it an offence to possess a weapon "for a purpose dangerous to the public peace or for the purpose of committing an offence," punishable by up to 10 years on indictment or by summary conviction (Criminal Code, RSC 1985, c C-46, s 88(1)).
• Section 90(1) makes it an offence to carry a weapon concealed without lawful authority, punishable by up to 5 years on indictment or by summary conviction (Criminal Code, RSC 1985, c C-46, s 90(1)).

CBSA's own memorandum puts the misuse point this way: "The misuse of these or any other similar device may nonetheless be punishable under other laws." In practice, spraying a person with a can that is legally labelled and registered for animal use can expose the user to the general weapon offences above or to an assault charge.

Whether spraying someone was legally justified is a separate question from whether possessing or carrying the can was lawful in the first place, and this article does not restate that separate test. The Criminal Code's self-defence framework in section 34 asks whether the person reasonably believed force was being used or threatened against them, whether the act was done for a defensive purpose, and whether the act was reasonable in the circumstances. For the full test, including why Canadian law has no stand your ground or castle doctrine rule, see Self-Defence Laws in Canada. A person can have a genuine section 34 defence for how they used an item and still be prosecuted separately for possessing or carrying it in the first place, since the two questions are governed by different Criminal Code provisions.

Penalties for Possessing a Prohibited Spray Without Authorization

Beyond the general weapon offences above, the Criminal Code sets separate penalties specifically for prohibited items such as pepper spray or Mace marketed for use on people.

Section 91 makes unauthorized possession of a prohibited weapon an offence punishable by up to 5 years on indictment or by summary conviction, and section 92 makes it a more serious offence, punishable by up to 10 years, to possess one knowing that the possession is unauthorized (Criminal Code, RSC 1985, c C-46, ss 91 to 92). Both sections carry narrow exceptions for possession under direct supervision or for a reasonable period while disposing of or licensing an item received, for example by inheritance.

This article does not cover pepper spray and bear spray products beyond the everyday consumer canister, or the broader list of items prohibited under SOR/98-462, such as brass knuckles, stun guns, batons, nunchaku and short crossbows. For that list, see Prohibited Weapons in Canada. For prohibited knife types and the general carrying and concealment rules that also apply here, see Knife and Weapons Laws in Canada.

Disclaimer: This article provides general information about the federal prohibited weapons scheme under the Criminal Code, RSC 1985, c C-46, the Regulations Prescribing Certain Firearms and Other Weapons, SOR/98-462, and the Pest Control Products Act registration of capsaicin animal repellents, current as of September 2026. It is not legal advice. It does not cover every province's retail or possession rules beyond the Manitoba example given, and it does not restate the full section 34 self-defence test. Consult a lawyer licensed in your province or territory for advice on your specific situation.