Application for warrant to seize - Seizure without warrant - Return to
  justice - Where certificate not seized - Application for disposition
  - Ex parte hearing - Hearing of application - Finding and order of
  court - Where no finding or application - Restriction of
  authorization, etc.  - Appeal - Definitions - "Appeal court" -
  "Justice" - Possession

  103. (1) Where, on application to a justice made by a peace officer
with respect to any person, the justice is satisfied that there are
reasonable grounds for believing that it is not desirable in the
interests of the safety of that person, or of any other person, that
that person possess, or have custody or control of, any firearm or
other offensive weapon or any ammunition or explosive substance, the
justice may issue a warrant authorizing the search for and seizure of
any  firearm  or  other  offensive  weapon  or  any  ammunition,
explosive substance, authorization referred to in subsection 90(3.2),
firearms acquisition certificate, registration certificate issued under
section  109 or permit issued under section 110, in the possession,
custody or control of that person.

  (2)  Where, with respect to any person, a peace officer is satisfied
that there are  reasonable  grounds for believing that  it  is not
desirable  in  the interests of the safety of that person, or of any
other person, that that person possess, or have custody or control of,
any firearm or other offensive weapon or any ammunition or explosive
substance, the peace officer may, where the conditions for obtaining a
warrant under subsection (1) exist but by reason of a possible danger
to  the  safety  of that  person  or  any  other  person,  it  would
not  be practicable to obtain  a  warrant, search for and seize any
firearm or other offensive  weapon  or  any  ammunition,  explosive
substance,  authorization referred to in subsection 90(3.2), firearms
acquisition certificate, registration certificate issued under section
109 or permit issued under section 110, in the possession, custody or
control of that person.

  (3) A peace officer who executes a warrant referred to in subsection
(1) or who conducts a search without warrant under subsection (2) shall
forthwith make a return to the justice by whom the warrant was issued
or, if no warrant was issued, to a justice by whom a warrant might
have been issued showing

  (a) in the case of an execution of a warrant, the articles, if any,
  seized and the date of execution of the warrant; and

  (b) in the case of a search without warrant, the grounds on which it
  was concluded that the peace officer was entitled to conduct the
  search and the articles, if any, seized.

  (3.1) Where a peace officer who performs a seizure under subsection
(1) or (2) is unable to seize an authorization referred to in
subsection 90(3.2), a firearms acquisition certificate, a registration
certificate issued under section 109 or a permit issued under section
110, the authorization, firearms acquisiiion certificate, registration
certificate or permit is automatically revoked.

  (4) Where any articles have been seized pursuant to subsection (1) or
(2), the justice by whom a warrant was issued or, if no warrant was
issued, a justice by whom a warrant might have been issued shall, on
application for an order for the disposition of the articles so seized
made by the peace officer within thirty days after the date of
execution of the warrant or of the seizure without 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.

  (4.1) A justice may proceed to hear and determine an application
under subsection (4) in the absence of the person against whom the
order is sought 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 efrectually as if the defendant had
appeared.

   (5)  At the hearing of an application under subsection (4), the
justice shall hear all relevant evidence, including evidence respecting
the value of the articles in respect of which the application was made.

  (6) If, following the hearing of an application under subiection (4)
made with respect to any person, the justice finds that it is not
desirable in the interests of the safety of that person or of any other
person that that person should possess, or have custody or control of,
any firearm or other offensive weapon or any ammunition or explosive
substance, the justice may

  (a) order that any or all of the articles seized be disposed of on
  such terms as the justice deems fair and reasonable, and give such
  directions concerning the payment or application of the proceeds, if
  any, of the disposition as the justice sees fit; and

   (b) where the justice is satisfied that the circumstances warrant
   such action,

     (i) order  that  the  possession  by  that  person  of any
     firearm  or  other offensive weapon or any ammunition or explosive
     substance specified in the order, or of all such articles, be
     prohibited during any period, not exceeding five years, specified
     in the order and computed from the day on which the order is made,
     and

     (ii)  order that any firearms acquisition certificate issued to
     the person be revoked and prohibit the person from applying for a
     firearms acquisition certificate for any period referred to in
     subparagraph (i).

  (7)  Any articles seized pursuant to subsection (1) or (2) in
  respect of which

  (a)  no application under subsection (4) is made within thirty days
  after the date of execution of the warrant or of the seizure without
  warrant, as the case may be, or

  (b)  where an application under subsection (4) is made within the
  period referred to in paragraph (a), the justice does not make a
  finding as described in subsection (6) shall be returned to the
  person from whom they were seized.

  (7.1) Where, pursuant to subsection (7), articles are returned to a
person from whom they were seized and an authorization, a firearms
acquisition certificate, a registration certificate or a permit has
been revoked pursuant to subsection (3.1), the justice referred to in
paragraph (7)(b) may order that the revocation be reversed and that the
authorization, firearms acquisition certificate, registration
certificate or permit be restored.

  (8) Where a justice

  (a)  makes an order under subsection (6) with respect to any person,
  that person, or

  (b)  does not make a finding as described in subsection (6) following
  the hearing of an application under subsection (4), or makes the
  finding but does not make an order to the effect described in
  paragraph (6)(a) or to the effect described in paragraph (6)(b), the
  Attorney General may appeal to the appeal court against the making of
  the order, or against the failure to make the finding or to make an
  order to the effects so described, as the case may be, and the
  provisions of Part XXVII except sections 816 to 819 and 829 to 838
  apply, with such modifications as the circumstances require, in
  respect of the appeal.

  (9)  In this section, "appeal court" has the meaning given that
expression in subsection  100(11); "justice" means a justice having
jurisdiction in the territorial division where the person with respect
to whom an application is made under subsection (1) or the person
with respect to whom a search without warrant is made under subsection
(2) resides.

  (10) Every person who possesses any firearm or other offensive weapon
or any ammunition, explosive substance or firearms acquisition
certificate while prohibited from doing so by any order made pursuant
to paragraph (6)(b)

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

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


RS. 1985, c. 27 (1st Supp.), s. 203; 1991, c. 40, s. 15.