Criminal Code

Marginal note:Discretionary prohibition order

• 110 (1) Where a person is convicted, or discharged under section 730, of

  • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or

  • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

  the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person 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 if the court decides that it is so desirable, the court shall so order.

• Marginal note:Duration of prohibition order

  (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence.

• Marginal note:Exception

  (2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against

  • (a) the person’s intimate partner;

  • (b) a child or parent of the person or of anyone referred to in paragraph (a); or

  • (c) any person who resides with the person or with anyone referred to in paragraph (a) or (b).

• Marginal note:Reasons

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

• Marginal note:Definition of release from imprisonment

  (4) In subsection (2), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

• Marginal note:Application of ss. 113 to 117

  (5) Sections 113 to 117 apply in respect of every order made under subsection (1).