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National Defence Act

Version of section 147.1 from 2018-10-17 to 2021-06-03:


Marginal note:Prohibition order

  •  (1) If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of

    • (a) an offence in the commission of which violence against a person was used, threatened or attempted;

    • (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, any ammunition, any prohibited ammunition or an explosive substance;

    • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;

    • (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or

    • (d) an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code.

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order.

  • Marginal note:Application of order

    (3) Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties.

  • Marginal note:Notification

    (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order.

  • 1995, c. 39, s. 176
  • 1996, c. 19, s. 83.1
  • 2012, c. 1, s. 50
  • 2013, c. 24, s. 22
  • 2018, c. 16, ss. 168, 188(E)
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