Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Prohibition Orders

Marginal note:Mandatory prohibition order
  •  (1) Where a person is convicted, or discharged under section 730, of

    • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

    • (a.1) an indictable offence in the commission of which violence was used, threatened or attempted against

      • (i) the person’s current or former intimate partner,

      • (ii) a child or parent of the person or of anyone referred to in subparagraph (i), or

      • (iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii),

    • (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

    • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

    • (d) 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, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was 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, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

  • Marginal note:Duration of prohibition order — first offence

    (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

    • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

      • (i) begins on the day on which the order is made, and

      • (ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

    • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

  • Marginal note:Duration of prohibition order — subsequent offences

    (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

  • Definition of release from imprisonment

    (4) In subparagraph (2)(a)(ii), 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).

  • R.S., 1985, c. C-46, s. 109;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 1991, c. 40, s. 21;
  • 1995, c. 39, ss. 139, 190;
  • 1996, c. 19, s. 65.1;
  • 2003, c. 8, s. 4;
  • 2015, c. 27, s. 30.
Marginal note:Discretionary prohibition order
  •  (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), 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, 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, ammunition, prohibited ammunition or explosive substance, or all such things, and where 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 current or former 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.

  • 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).

  • R.S., 1985, c. C-46, s. 110;
  • 1991, c. 40, ss. 23, 40;
  • 1995, c. 39, ss. 139, 190;
  • 2015, c. 27, s. 31.

Definition of intimate partner

 In sections 109 and 110, intimate partner includes a spouse, a common-law partner and a dating partner.

  • 2015, c. 27, s. 32.
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.

  • Definition of provincial court judge

    (11) In this section and sections 112, 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.

  • R.S., 1985, c. C-46, s. 111;
  • 1991, c. 40, s. 24;
  • 1995, c. 39, s. 139.
 
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