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Criminal Code

Version of section 113 from 2003-01-01 to 2023-12-14:

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), 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

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