Criminal Code (R.S.C., 1985, c. C-46)

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

112 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.

Marginal note:Lifting of prohibition order for sustenance or employment

• 113 (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.

Marginal note:Requirement to surrender

114 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.

Marginal note:Forfeiture

• 115 (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.

Marginal note:Authorizations revoked or amended

• 116 (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

• Marginal note:Duration of revocation or amendment

  (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under subsection 110.1(3) or section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

Marginal note:Return to owner

117 Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on application for an order under this section, satisfied that a person, other than the person against whom a prohibition order was or will be made,

• (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 115(1) and is lawfully entitled to possess it, and

• (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the prohibition order was made,

the competent authority shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

Marginal note:Possession contrary to order

• 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

• Marginal note:Failure to surrender authorization, etc.

  (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Exception

  (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

Limitations on Access

Marginal note:Application for emergency limitations on access order

• 117.0101 (1) Any person may make an ex parte application to a provincial court judge for an order under this section if the person believes on reasonable grounds that

  • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

  • (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.

• Marginal note:Hearing in private

  (2) The provincial court judge may hold the hearing of an application made under subsection (1) in private if the judge considers that it is necessary to protect the security of the applicant or of anyone known to the applicant.

• Marginal note:Emergency limitations on access order

  (3) If, 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 and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order in respect of the person against whom the order is sought, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made, imposing any terms and conditions on the person’s use and possession of any thing referred to in subsection (1) that the judge considers appropriate.

• Marginal note:Service of order

  (4) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

• Marginal note:Terms and conditions

  (5) In determining terms and conditions under subsection (3), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.

• Marginal note:Warrant to search and seize

  (6) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (3) possesses, in a building, receptacle or place, any thing the use and possession of which is subject to terms and conditions under the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing that is in the possession of the person.

• Marginal note:Search and seizure without warrant

  (7) If, in respect of a person who is subject to an order made under subsection (3), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the use and possession of which is subject to terms and conditions under the order, the peace officer may — if the grounds for obtaining a warrant under subsection (6) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant — search for and seize any such thing that is in the possession of the person.

• Marginal note:Report to justice

  (8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing

  • (a) in the case of an execution of a warrant, the things, if any, seized and the date of execution of the warrant; and

  • (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things, if any, seized.

• Marginal note:Requirement to surrender

  (9) A provincial court judge who makes an order against a person under subsection (3) may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer any thing the use or possession of which is subject to terms and conditions under the order that is in the possession of the person on the day on which the order is made, if the judge is satisfied by information on oath that it is not desirable in the interests of the safety of any person for the person to possess the thing, and if the judge does so, they shall specify in the order a reasonable period for surrendering the thing.

• Marginal note:Condition

  (10) A provincial court judge may issue a warrant under subsection (6) or include in an order made under subsection (3) a requirement set out in subsection (9) only if they are satisfied that there is no other way to ensure that the terms and conditions of that order can reasonably be complied with.

• Marginal note:Return of things before expiry or revocation of order

  (11) A peace officer who has seized any thing under subsection (6) or (7), and a peace officer, a firearms officer or a chief firearms officer to whom any thing has been surrendered in accordance with subsection (9), may, before the expiry or revocation of the order made under subsection (3), on being issued a receipt for it, return the thing to the person from whom it was seized or who surrendered it, if the peace officer, firearms officer or chief firearms officer, as the case may be, has reasonable grounds to believe that the person will comply with the terms and conditions of the order as to the use and possession of the thing.

• Marginal note:Return of things after expiry or revocation of order

  (12) Any things seized under subsection (6) or (7) from a person against whom an order has been made under subsection (3) and any things surrendered by the person in accordance with subsection (9) shall, unless already returned under subsection (11), be returned to the person

  • (a) if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked; or

  • (b) in any other case, as soon as feasible after the end of the period specified in the order made against the person under subsection (3).

Marginal note:Order denying access to information

• 117.0102 (1) If an order is made under subsection 117.0101(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 117.0101(6);

  • (c) any information relating to a search and seizure conducted without a warrant under subsection 117.0101(7); 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 117.0101(3) expires or is revoked.

• Marginal note:Exception

  (3) Despite subsection (2), if, before the order made under subsection 117.0101(3) expires or is revoked, a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), an order made under subsection (1) ceases to have effect on

  • (a) the date fixed under subsection 117.0104(1); or

  • (b) if the order made under subsection 117.0101(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 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the report made under subsection 117.0101(8) 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.