Regulation of Pepper Sprays in Manitoba

Q: What are pepper sprays?

A: Pepper sprays are animal repellents that contain the active ingredient capsaicin. Capsaicin is a compound derived from chilli peppers that causes a burning sensation in the eyes, nose and skin, if contacted, and irritates the respiratory system, if inhaled. Bear spray and dog spray are types of pepper sprays.

Q: Why is the provincial government getting involved in the regulation of pepper sprays?

A: Pepper sprays have increasingly been used to intimidate or attack other individuals. The Winnipeg Police Service and community groups requested stricter regulations on the sale of such products.

The Government of Manitoba responded by amending the Pesticides and Fertilizers Licence Regulation, under The Pesticides and Fertilizers Control Act, to include pepper sprays. In consultation with the Winnipeg Police Service and other affected parties, the Departments of Agriculture, Food and Rural Initiatives, Conservation and Justice amended the legislation. Enforcement of the regulation will also be a cooperative effort by these departments.

Q: Who is affected by the regulation?

A: Both retailers that sell pepper sprays and individuals wishing to purchase pepper sprays are affected by the regulation.

Retailers that sell pepper sprays are required to have a Pesticide Dealer licence and comply with the licence requirements outlined in the regulation. Pepper sprays shall not be displayed, stored, or shelved in areas accessible to the public. Retailers that sell bear sprays must also keep a record of sales and collect Declaration of Purchase forms to be provided to the Minister of Agriculture annually.

Individuals wishing to purchase pepper sprays will have to ask for the product from the licence holder or an employee of the licence holder. Individuals that purchase bear sprays must to complete and sign a Declaration of Purchase form.

Q: What are the consequences of non-compliance?

A: Failure to comply with the regulation could result in licence suspension and/or fines ($247 for individuals; $2107 for corporations).

Q: What are the consequences of misuse of pepper sprays?

A: Manitoba’s amended legislation regulates the sale of pepper sprays.

The Pest Management Regulatory Agency, a division of Health Canada, is responsible for regulating the use of pepper sprays. It is an offence, under The Pest Control Products Act (Canada), to use pepper sprays in any way not outlined on the label. Improper use of pepper sprays may result in injuries, including irritation to the eyes, nose, skin, and respiratory system, to the user or those around them.

The use of pepper sprays as a weapon is also a prosecutable offence under the Criminal Code, which is enforced by the RCMP and local police services.

Q: When will the regulation take effect?

A: The amendment to the Pesticides and Fertilizers Licence Regulation is effective January 1, 2009. A 2 month phase-in period will allow time for retailers to become licensed.

Q: Where does the Regulation apply?

A: The regulation falls under a provincial act and therefore applies throughout Manitoba. However, enforcement of the regulation is expected to be greater in urban areas with higher incidences of the misuse of pepper sprays.

Q: How can the Regulation help to reduce misuse/abuse of pepper sprays?

A: The regulation aims to deter individuals that may use the products illegally from easy access to pepper sprays. Sales of pepper sprays for legitimate uses should not be affected.

Link to Pesticide Licensing Information