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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-02-06 and last amended on 2024-01-14. Previous Versions

PART IIIFirearms and Other Weapons (continued)

Prohibition Orders (continued)

Marginal note:Order denying access to information

  •  (1) If an order is made under subsection 110.1(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following:

    • (a) any information relating to the order made under that subsection;

    • (b) any information relating to a warrant issued under subsection 110.1(5);

    • (c) any information relating to a search and seizure conducted without a warrant under subsection 110.1(6); and

    • (d) any information relating to the order made under this subsection.

  • Marginal note:Expiry of order

    (2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 110.1(3) expires or is revoked.

  • Marginal note:Exception

    (3) Despite subsection (2), if, before the order made under subsection 110.1(3) expires or is revoked, a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), an order made under subsection (1) ceases to have effect on

    • (a) the date fixed under subsection 110.4(1); or

    • (b) if the order made under subsection 110.1(3) is revoked before that date, the day on which it is revoked.

  • Marginal note:Procedure

    (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the return made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).

  • Marginal note:Revocation or variance of order

    (5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.

Marginal note:Order to delete identifying information

  •  (1) If an order is made under subsection 110.1(3) or 110.2(1), a provincial court judge may, on application by the person who applied for the order referred to in subsection 110.1(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that

    • (a) copies be made of any documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself;

    • (b) any information that could identify the person who applied for the order referred to in subsection 110.1(3) or anyone known to the person be deleted from those copies; and

    • (c) the documents relating to the order made under subsection 110.1(3) or 110.2(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b).

  • Marginal note:Duration of order

    (2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 110.1(3) or of anyone known to the person.

  • Marginal note:Procedure

    (3) If an order is made under subsection (1), the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).

  • Marginal note:Revocation or variance of order

    (4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.

  • Marginal note:Clarification

    (5) For greater certainty, if a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1), any order made under this section that is still in force applies in respect of that hearing.

Marginal note:Order under subsection 111(5)

  •  (1) If a provincial court judge makes an order under subsection 110.1(3), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 111(1) and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 111(5) is sought.

  • Marginal note:Clarification — application for order

    (2) For the purpose of this section,

    • (a) the application for the order referred to in subsection 110.1(3) is deemed, except for the purpose of subsection 111(2), to be an application made under subsection 111(1); and

    • (b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 110.1(3), the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 111(1).

  • Marginal note:Date for hearing

    (3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 110.1(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 111(5) is sought, adjourn the hearing.

  • Marginal note:Requirement — notice

    (4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 111(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of that date to be served on that Attorney General.

  • Marginal note:Cancellation of hearing

    (5) If a provincial court judge revokes an order made under subsection 110.1(3) against a person before the application for an order sought under subsection 111(5) against the person is heard, the judge shall cancel the hearing.

Marginal note:Application for prohibition order

  •  (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

  • Marginal note:Date for hearing and notice

    (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

  • Marginal note:Hearing of application

    (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Prohibition order

    (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made.

  • Marginal note:Reasons

    (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court’s reasons.

  • Marginal note:Application of ss. 113 to 117

    (7) Sections 113 to 117 apply in respect of every order made under subsection (5).

  • Marginal note:Appeal by person or Attorney General

    (8) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (9) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

  • Marginal note:Application of Part XXVII to appeals

    (10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • (11) [Repealed, 2023, c. 32, s. 5]

Marginal note:Revocation of prohibition order under subsection 110.1(3) or 111(5)

 A provincial court judge may, on application by the person against whom an order is made under subsection 110.1(3) or 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

  • R.S., 1985, c. C-46, s. 112
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1991, c. 40, s. 26
  • 1995, c. 39, s. 139
  • 2023, c. 32, s. 6

Marginal note:Lifting of prohibition order for sustenance or employment

  •  (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that

    • (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or

    • (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,

    the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

  • Marginal note:Factors

    (2) A competent authority may make an order under subsection (1) only after taking the following factors into account:

    • (a) the criminal record, if any, of the person;

    • (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and

    • (c) the safety of the person and of other persons.

  • Marginal note:Effect of order

    (3) Where an order is made under subsection (1),

    • (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

    • (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order.

  • Marginal note:When order can be made

    (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 110.1(3), 111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3).

  • Meaning of competent authority

    (5) In this section, competent authority means the competent authority that made or has jurisdiction to make the prohibition order.

  • R.S., 1985, c. C-46, s. 113
  • 1991, c. 40, s. 27(E)
  • 1995, c. 22, s. 10, c. 39, ss. 139, 190
  • 2023, c. 32, s. 7

Marginal note:Requirement to surrender

 A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer

  • (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

  • (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person.

  • R.S., 1985, c. C-46, s. 114
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1995, c. 22, s. 10, c. 39, s. 139

Marginal note:Forfeiture

  •  (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order is forfeited to Her Majesty if, on the commencement of the order, the thing is in the person’s possession or has been seized and detained by, or surrendered to, a peace officer.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of an order made under subsection 110.1(3) or section 515.

  • Marginal note:Disposal

    (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Attorney General directs.

 

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