Criminal Code (R.S.C., 1985, c. C-46)

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.