Firearms Prohibition Orders
| This page was last substantively updated or reviewed January 2016. (Rev. # 90861) |
General Principles
Section 110.1 Emergency Prohibition Order
- Application for emergency prohibition order
110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person 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.
- 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.
- Emergency prohibition 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 prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.
- 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.
- Warrant to search and seize
(5) 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 possession of which is prohibited by 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, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
- Search and seizure without warrant
(6) 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 possession of which is prohibited by the order, the peace officer may — if the grounds for obtaining a warrant under subsection (5) 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, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
- Return to provincial court judge or justice
(7) A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing
- (a) in the case of an execution of a warrant, the things or documents, 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 or documents, if any, seized.
- Return of things and documents
(8) Any things or documents seized under subsection (5) or (6) from a person against whom an order has been made under subsection (3) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person
- (a) if no date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the end of the period specified in the order made against the person under subsection (3);
- (b) if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or
- (c) despite paragraphs (a) and (b), if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked.
- Application of sections 113, 114 and 116
(9) Sections 113, 114 and 116 apply in respect of every order made under subsection (3).
- Definition of provincial court judge
(10) In this section and sections 110.4, 111, 112, 117.0101, 117.0104, 117.011 and 117.012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.
2015, c. 27, s. 32; 2019, c. 25, s. 32; 2023, c. 32, s. 4.
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- Order denying access to information
110.2 (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.
- 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.
- 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.
- 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).
- 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.
2023, c. 32, s. 4
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- Order to delete identifying information
110.3 (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).
- 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.
- 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).
- 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.
- 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.
2023, c. 32, s. 4
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- Order under subsection 111(5)
110.4 (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.
- 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).
- 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.
- 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.
- 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.
2023, c. 32, s. 4. | }}
Section 111 Prohibition Order
- Application for prohibition order
111 (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.
- Date for hearing and notice
(2) On receipt of an application made under subsection (1) [application for prohibition order], 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.
- Hearing of application
(3) Subject to subsection (4) [where hearing may be ex parte], at the hearing of an application made under subsection (1) [application for prohibition order], 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.
- 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) [application for prohibition order] 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 [Pt. XXVII – Summary Convictions (ss. 785 to 840)], proceed with a trial in the absence of the defendant.
- Prohibition order
(5) Where, at the conclusion of a hearing of an application made under subsection (1) [application for prohibition order], 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.
- Reasons
(6) Where a provincial court judge does not make an order under subsection (1) [application for prohibition order], 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.
- Application of ss. 113 to 117
(7) Sections 113 to 117 [consequence of 109 and 110 prohibition orders] apply in respect of every order made under subsection (5) [prohibition order].
- Appeal by person or Attorney General
(8) Where a provincial court judge makes an order under subsection (5) [prohibition order], the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.
- Appeal by Attorney General
(9) Where a provincial court judge does not make an order under subsection (5) [prohibition order], the Attorney General may appeal to the superior court against the decision not to make an order.
- Application of Part XXVII to appeals
(10) The provisions of Part XXVII [Pt. XXVII – Summary Convictions (ss. 785 to 840)], except sections 785 to 812 [provisions re summary conviction trial excluding appeals], 816 to 819 [procedural provisions re summary trial appeal] and 829 to 838 [summary appeal on transcript or agreed statement of facts], 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]
R.S., 1985, c. C-46, s. 111; 1991, c. 40, s. 24; 1995, c. 39, s. 139; 2023, c. 32, s. 5.
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- 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) [prohibition order], 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.
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Prohibition After Section 117.04 Seizure
- Application for disposition
117.05 (1) Where any thing or document has been seized under subsection 117.04(1) [application for warrant to search and seizure] or (2) [search and seizure weapon without warrant – public safety], the justice who issued the warrant authorizing the seizure or, if no warrant was issued, a justice who might otherwise have issued a warrant, shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to such persons or in such manner as the justice may specify.
- Ex parte hearing
(2) A justice may proceed ex parte to hear and determine an application made under subsection (1) [application for disposition for items seized under s. 117.04] in the absence of the person from whom the thing or document was seized in the same circumstances as those in which a summary conviction court may, under Part XXVII [Pt. XXVII – Summary Convictions (ss. 785 to 840)], proceed with a trial in the absence of the defendant.
- Hearing of application
(3) At the hearing of an application made under subsection (1) [application for disposition for items seized under s. 117.04], the justice shall hear all relevant evidence, including evidence respecting the value of the thing in respect of which the application was made.
- Forfeiture and prohibition order on finding
(4) Where, following the hearing of an application made under subsection (1) [application for disposition for items seized under s. 117.04], the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall
- (a) order that any thing seized be forfeited to Her Majesty or be otherwise disposed of; and
- (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.
- Reasons
(5) Where a justice does not make an order under subsection (4) [forfeiture and prohibition order], or where a justice does make such an order but does not prohibit the possession of all of the things referred to in that subsection, the justice shall include in the record a statement of the justice’s reasons.
- Application of ss. 113 to 117
(6) Sections 113 to 117 [consequence of 109 and 110 prohibition orders] apply in respect of every order made under subsection (4) [forfeiture and prohibition order].
- Appeal by person
(7) Where a justice makes an order under subsection (4) [forfeiture and prohibition order] in respect of a person, or in respect of any thing that was seized from a person, the person may appeal to the superior court against the order.
- Appeal by Attorney General
(8) Where a justice does not make a finding as described in subsection (4) [forfeiture and prohibition order] following the hearing of an application under subsection (1) [application for disposition for items seized under s. 117.04], or makes the finding but does not make an order to the effect described in paragraph (4)(b) [forfeiture and prohibition order – additional 5 year prohibition], the Attorney General may appeal to the superior court against the failure to make the finding or to make an order to the effect so described.
- Application of Part XXVII to appeals
(9) The provisions of Part XXVII [Pt. XXVII – Summary Convictions (ss. 785 to 840)], except sections 785 to 812 [provisions re summary conviction trial excluding appeals], 816 to 819 [procedural provisions re summary trial appeal] and 829 to 838 [summary appeal on transcript or agreed statement of facts], apply in respect of an appeal made under subsection (7) [forfeiture and prohibition order – appeal by person] or (8) [forfeiture and prohibition order – appeal by Crown] 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.
1995, c. 39, s. 139.
Associate Prohibition Order
- Limitations on Access
- Application for order
117.011 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer 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, 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.
- Date for hearing and notice
(2) On receipt of an application made under subsection (1) [weapon prohibition order for associate – requirements], 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.
- Hearing of application
(3) Subject to subsection (4) [weapon prohibition order for associate – ex parte hearing], at the hearing of an application made under subsection (1) [weapon prohibition order for associate – requirements], 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.
- 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) [weapon prohibition order for associate – requirements] 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 [Pt. XXVII – Summary Convictions (ss. 785 to 840)], proceed with a trial in the absence of the defendant.
- Order
(5) Where, at the conclusion of a hearing of an application made under subsection (1) [weapon prohibition order for associate – requirements], the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the person’s use and possession of anything referred to in subsection (1) [weapon prohibition order for associate – requirements] as the provincial court judge considers appropriate.
- Terms and conditions
(6) In determining terms and conditions under subsection (5) [weapon prohibition order for associate – order], the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.
- Appeal by person or Attorney General
(7) Where a provincial court judge makes an order under subsection (5) [weapon prohibition order for associate – order], the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.
- Appeal by Attorney General
(8) Where a provincial court judge does not make an order under subsection (5) [weapon prohibition order for associate – order], the Attorney General may appeal to the superior court against the decision not to make an order.
- Application of Part XXVII to appeals
(9) The provisions of Part XXVII [Pt. XXVII – Summary Convictions (ss. 785 to 840)], except sections 785 to 812 [provisions re summary conviction trial excluding appeals], 816 to 819 [procedural provisions re summary trial appeal] and 829 to 838 [summary appeal on transcript or agreed statement of facts], apply in respect of an appeal made under subsection (7) or (8), 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.
1995, c. 39, s. 139.
- Revocation of order under s. 117.011
117.012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5) [weapon prohibition order for associate – order], revoke the order if satisfied that the circumstances for which it was made have ceased to exist.
1995, c. 39, s. 139.
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