Retailers required to match ID, keep records in province’s crackdown on illegal use of bear spray

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This article was published 13/04/2023 (1218 days ago), so information in it may no longer be current.

Manitoba is moving to more strictly regulate the sale of bear pepper spray, a weapon used frequently on Winnipeg’s streets.

The province will introduce regulatory changes to require businesses selling the spray to check a customer’s government-issued photo identification and take down their contact information, matched to their ID, prior to the sale, the government said in a news release Thursday.

The new rules will also require retailers to submit purchase information to the provincial government, and keep records of the serial numbers for any sale of more than two cans of spray. Buyers will need to specify why they’re making the purchase.

The move comes after a number of recent high-profile assaults involving the bear deterrent. Winnipeg Police Service Chief Danny Smyth suggested at a February press conference that it was worth considering a crackdown on the product.

A series of incidents that occurred over an hour Monday night in St. Vital drove the point home for several victims, responding officers and a police dog.

A St. Mary’s Road convenience store employee was sprayed in the face by three people, who then went outside, donned ski masks and sprayed another victim before running off and attacking a third person walking on Meadowood Drive.

Officers and a police dog were all sprayed before they arrested a 13-year-old boy, 18-year-old man and 20-year-old woman in a nearby parking lot. Paramedics treated police and the dog got help from its handler.

Sale of the product, which is carried by hikers and others as protection against bear attacks, is already regulated under the Pesticides and Fertilizers Control Act.

The existing provincial regulation requires retailers, such as sporting goods stores and wilderness outfitters, to be licensed to sell bear spray, with at least one staffer trained in the sale of dangerous pesticides.

The product must be kept out of sight, in a locked case to fit the current regulations.

People who want to buy it are also required to fill out a form with their name and information, and retailers are required to keep records of sales.

The existing legislation did not require purchasers to provide identification, but some retailers did so anyway.

Justice Minister Kelvin Goertzen said Thursday the new regulations will deter illegal use but will not prohibit legal purchases.

That’s a change from late February, when he said further restrictions or a ban could hinder access for law-abiding citizens.

“I’ve said in the past I’m reluctant to put restrictions on things where most people are using it in a legal way — we don’t want to unduly punish people who are using things in a legal way, but we have a significant problem,” he told reporters Thursday.

“This seemed like a measured response that we certainly hope will have a positive impact in reducing the use.”

Goertzen said that he’s still pushing the federal government to consider stronger restrictions for sales of the product online — and is mulling further legislative changes to age requirements for the product in Manitoba.

The Assembly of Manitoba Chiefs said the Indigenous advocacy organization is pleased with the province’s move.

The AMC said Grand Chief Cathy Merrick, along with Manitoba Keewatinowi Okimakanak Grand Chief Garrison Settee and three northern First Nation chiefs, had a meeting in Ottawa with federal Public Safety Minister Marco Mendocino last week, where they broached their concerns about bear spray and its use in their communities.

The leaders said with age being the only significant restriction on the pepper spray, adults in their communities have purchased large quantities and resold the canisters to youths and gang members.

The AMC said it raised concerns with federal Justice Minister David Lametti about bear spray Thursday.

— With files from Danielle Da Silva

erik.pindera@freepress.mb.ca