Prohibition Orders, Seizure and Forfeiture


Order prohibiting possession of firearms, etc. - Where order not to
  be made - Criteria - Reasons - Discretionary order prohibiting
  possession of firearms, etc. - Duration of order - Definition of
  "release from imprisonment" - Application for order of prohibition
  - Fixing date for hearing and notice - Hearing of application and
  disposition - Hearing of reference and disposition - Revocation on
  order - Idem - Where hearing may proceed ex parte - Appeal to appeal
  court in certain cases - Definitions - "Appeal court" - "Provincial
  court judge" - Possession of firearm, ammunition, elc., while
  prohibited by order - Defence.

  100.  (1) Where an offender is convicted or discharged under
section 736 of an indictable offence in the commission of which
violence against a person is used, threatened or attempted and for
which the offender may be sentenced to imprisonment for ten years or
more or of an offence under section 85, the court that sentences the
offender shall, subject to subsections (1.1) to (1.3), in  addition to
any other punishment that may be imposed for that offence, make an
order prohibiting the offender from possessing any firearm or any
ammunition or explosive substance for any period of time specified in
the order that commences on the day on which the order is made and
expires not earlier than

  (a)  in the case of a first conviction for such an offence, ten
  years, and

   (b)  in any other case, life, after the time of the offender's
release from imprisonment after conviction for  the  offence  or,  if
the  offender  is  not  then  imprisoned  or  subject  to imprisonment,
after the time of the offender's conviction or discharge for that
offence.


  (1.1)  The court is not required to make an order under
subsection (1) where the court is satisfied that the offender has
established that

  (a)  it is not desirable in the interests of the safety of the
  offender or of any other person that the order be made; and

  (b) the circumstances are such that it would not be appropriate to
  make the order.


  (1.2) in considering whether the circumstances are such that it would
not be appropriate to make an order under subsection (1), the court
shall consider

   (a)  the criminal record of the offender, the nature of the offence
   and the circumstances surrounding its commission;

   (b)  whether the offender needs a firearm for the sustenance of the
   offender or the offender's family; and

   (c)  whether the order would constitute a virtual prohibition
   against employment in the only vocation open to the offender.

  (1.3)  Where the court does not make an order under subsection (1),
the court shall give reasons why the order is not being made.

  (2) When an offender is convicted or discharged under section 736 of

   (a)  an offence involving the use, carriage, possession, handling or
  storage of any firearm or ammunition,

   (b) an offence, other than an offence referred to in subsection (1),
  in the commission of which violence against a person was used,
  threatened or attempted, or

  (c) an offence described in subsection 39(1) or (2) or 48(1) or (2)
  of the Food and Drugs Act or in subsection 4(1) or (2) or 5(1)
  of the Narcotic Control Act, the court that sentences the
  offender, in addition to any other punishment that may be imposed for
  the offence, shall consider whether it is desirable, in the interests
  of the safety of the offender or of any other person, to make an
  order prohibiting the offender from possessing any firearm or any
  ammunition or explosive  substance  and  ordering  the  offender  to
  surrender  any  firearms acquisition certificate that the offender
  possesses, and where the court decides that it is not desirable, in
  the interests of the safety of the offender or of any other person,
  for the offender to possess any of those things, the court shall so
  order.

  (2.1)  An order referred to in subsection (2) may be for any period
of time specified in the order but shall not expire later than ten
years after the time of the offender's release from imprisonment after
conviction for the offence to which the order relates, or, if the
offender is not then imprisoned or subject to imprisonment, after the
time of the offender's conviction or discharge from that offence.

  (3)  For the purposes of subsections (1) and (2), "release from
imprisonment" means release from confinement by reason of expiration of
sentence, commencement of mandatory supervision or grant of parole
other than day parole.

  (4)  Where a peace officer believes on reasonable grounds that it is
not desirable in the interests of the safety of any person that a
particular person should possess any firearm or any ammunition or
explosive substance, he may apply to a provincial court judge for an
order prohibiting that particular person from having in his possession
any firearm or any ammunition or explosive substance.

  (5) On receipt of an application made pursuant to subsection (4) or
on a reference by a firearms officer, pursuant to subsection  106(7),
of his opinion that it is not desirable in the interests of the safety
of an applicant for a firearms acquisition certificate or of any other
person that the applicant for a firearms acquisition certificate
acquire a firearm, the provincial court judge to whom the application
or reference is made shall fix a date for the hearing of the
application or reference and direct that notice of the hearing be given
to the person against whom the order of prohibition is sought or the
applicant for the firearms acquisition certificate and the firearms
officer, as the case may be, in such manner as the provincial court
judge may specify.

  (6)  At the hearing of an application made pursuant to subsection
(4), the provincial court judge shall hear all relevant evidence
presented by or on behalf of the applicant and the person against whom
the order of prohibition is sought and where, at the conclusion of the
hearing, the provincial court judge is satisfied that there are
reasonable grounds to believe that it is not desirable in the interests
of the safety of the person against whom the order of prohibition is
sought or of any other person that the person against whom the order is
sought should possess any firearm or any ammunition or explosive
substance, the provincial court judge shall make an order prohibiting
him from having in his possession any firearm or any ammunition or
explosive substance for any period of time, not exceeding five years,
specified in the order and computed from the day the order is made.

  (7)  At the hearing of a reference referred to in subsection (5), the
provincial court judge shall hear all relevant evidence presented by or
on behalf of the firearms officer and the applicant for a firearms
acquisition certificate and where, at the conclusion of the hearing,
the firearms officer has satisfied the provincial  court judge that the
opinion of the firearms officer that it is not desirable in the
interests of the safety of the applicant or of any other person that
the applicant acquire a firearm is justified, the provincial court
judge shall, by order, confirm that opinion and the refusal to issue
the firearms acquisition certificate  and  may  prohibit  the
applicant  from  possessing  any  firearm, ammunition or explosive
substance for any period, not exceeding five years, specified in the
order and computed from the day the order is made.

    (7. 1 )  Where an order is made under subsection (1), (2) or (7),
any firearms acquisition certificate that is held by the person who is
the subject of the order is automatically revoked.

  (8)  Where, at the conclusion of a hearing referred to in subsection
(7), the firearms officer has not satisfied the provincial court judge
that his opinion that it is not desirable in the interests of the
safety of the applicant for a firearms acquisition certificate or of
any other person that the applicant for a firearms acquisition
certificate acquire a firearm is justified, the provincial court judge
shall, by order, direct the firearms officer to issue to that person a
firearms acquisition certificate and, on  payment of the fee, if any,
fixed for such a certificate, the firearms officer shall forthwith
comply with the direction.

  (9)  A provincial court judge may proceed ex parte to hear and
determine an application made pursuant to subsection (4) or a reference
referred to in subsection (5) in the absence of the person against whom
the order of prohibition is sought or the applicant for a firearms
acquisition certificate, as the case may be, in circumstances in which
a summary conviction court may, pursuant to Part XXVII, proceed with a
trial in the absence of the defendant as fully and effectually as if
the defendant had appeared.

  (10) Where a provincial court judge

  (a)  makes an order pursuant to subsection (6) or (7), the prohibited
   person, or

  (b)  refuses to make an order pursuant to subsection (6), or makes an
  order pursuant to subsection (8), the Attorney General may appeal to 
  the appeal court against the order or refusal to make an order, as
  the case may be, and the provisions of Part XXVII except sections 816
  to  819  and  sections  829  to  838  apply,  with  such
  modifications  as the circumstances require in respect of the
  appeal.

  (11)  In this section, "appeal court" means

   (a)  in the Province of Ontario, the Ontario Court (General
  Division) sitting in the region, district or county or group of
  counties where the adjudication was made,

  (b)  in the Province of Quebec, the Superior Court,

  (c) in  the  Provinces  of New  Brunswick,  Manitoba,  Saskatchewan
  and Alberta, the Court of Queen's Bench,

  (d) in the Provinces of Prince Edward Island and Newfoundland, the
  Trial Division of the Supreme Court, and

  (e) in the Provinces of Nova Scotia and British Columbia, the Yukon
  Territory and Northwest Territories, the Supreme Court;

[1993, c.28, Sched. III, item 27 will repeal paragraph (e)  above
and replaced it with the following (proclaimed to be in force
April 1, 1999):]

  (e) in the Provinces of Nova Scotia and British Columbia, the Yukon
  Territory, Northwest Territories and Nunavut, the Supreme Court;

"provincial court judge" means a provincial court judge having
jurisdiction in  the  terriiorial  division  where  the  person
against  whom  the  relevant application for an order of prohibition
was brought or in respect of whom the reference was made, as the case
may be, resides.

  (12) Every one who has in his possession any firearm or any
ammunition or explosive substance while he is prohibited from doing so
by any order made pursuant to this section

   (a)  is guilty of an indictable offence and liable to imprisonment
   fot a term not exceeding ten years; or

  (b) is guilty of an offence punishable on summary conviction.

   (13) An order made pursuant to subsection (1), (2), (6) of (7) shall

   (a)  specify a reasonable period within which the person against
   whom the order is made may surrender to a police officer or firearms
   officer, to be disposed of as the Attorney General directs, or
   otherwise lawfully dispose of any firearm or any ammunition or
   explosive substance lawfully possessed by that person prior to the
   making of the order, and during which subsection (12) does not apply
   to that person; and

   (b)  state that if that person fails to dispose of the firearm,
   ammunition or explosive substance within the period specified in the
   order, the firearm, ammunition or explosive substance is forteited to
   Her Majesty and must be surrendered to a police officer or firearms
   officer to be disposed of as the Attorney General directs.

RS. 1985, c. 27 (1st Supp.), ss. f4, 203; RS.  1985, c. 27 (2d Supp.),
Schedule; 1990, c. 16, s. 2; 1990, c. 17, s. 8; 1991, c. 40, s. 12;
1992, c. 51, s. 33.