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| Losing or
finding
|
105. (1) Every person commits an offence
who
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(a) having lost a firearm, a prohibited
weapon, a restricted weapon, a prohibited
device, any prohibited ammunition, an
authorization, a licence or a registration
certificate, or having had it stolen from the
person's possession, does not with
reasonable despatch report the loss to a
peace officer, to a firearms officer or a chief
firearms officer; or
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(b) on finding a firearm, a prohibited
weapon, a restricted weapon, a prohibited
device or any prohibited ammunition that
the person has reasonable grounds to
believe has been lost or abandoned, does
not with reasonable despatch deliver it to a
peace officer, a firearms officer or a chief
firearms officer or report the finding to a
peace officer, a firearms officer or a chief
firearms officer.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Destroying
|
106. (1) Every person commits an offence
who
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(a) after destroying any firearm, prohibited
weapon, restricted weapon, prohibited
device or prohibited ammunition, or
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(b) on becoming aware of the destruction of
any firearm, prohibited weapon, restricted
weapon, prohibited device or prohibited
ammunition that was in the person's
possession before its destruction,
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does not with reasonable despatch report the
destruction to a peace officer, firearms officer
or chief firearms officer.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| False
statements
|
107. (1) Every person commits an offence
who knowingly makes, before a peace officer,
firearms officer or chief firearms officer, a
false report or statement concerning the loss,
theft or destruction of a firearm, a prohibited
weapon, a restricted weapon, a prohibited
device, any prohibited ammunition, an
authorization, a licence or a registration
certificate.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Definition of
``report'' or
``statement''
|
(3) In this section, ``report'' or ``statement''
means an assertion of fact, opinion, belief or
knowledge, whether material or not and
whether admissible or not.
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| Tampering
with serial
number
|
108. (1) Every person commits an offence
who, without lawful excuse, the proof of
which lies on the person,
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(a) alters, defaces or removes a serial
number on a firearm; or
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(b) possesses a firearm knowing that the
serial number on it has been altered,
defaced or removed.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Exception
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(3) No person is guilty of an offence under
paragraph (1)(b) by reason only of possessing
a firearm the serial number on which has been
altered, defaced or removed, where that serial
number has been replaced and a registration
certificate in respect of the firearm has been
issued setting out a new serial number for the
firearm.
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| Evidence
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(4) In proceedings for an offence under
subsection (1), evidence that a person
possesses a firearm the serial number on
which has been wholly or partially obliterated
otherwise than through normal use over time
is, in the absence of evidence to the contrary,
proof that the person possesses the firearm
knowing that the serial number on it has been
altered, defaced or removed.
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| Mandatory
prohibition
order
|
109. (1) Where a person is convicted, or
discharged under section 736, of
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(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,
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(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),
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(c) an offence relating to the contravention
of subsection 39(1) or (2) or 48(1) or (2) of
the Food and Drugs Act or subsection 4(1)
or (2) or 5(1) of the Narcotic Control Act, or
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(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,
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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.
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| 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
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(a) any firearm, other than a prohibited
firearm or restricted firearm, and any
cross-bow, restricted weapon, ammunition
and explosive substance during the period
that
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(i) begins on the day on which the order
is made, and
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(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
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(b) any prohibited firearm, restricted
firearm, prohibited weapon, prohibited
device and prohibited ammunition for life.
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| 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.
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| 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.
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| Application of
ss. 113 to 117
|
(5) Sections 113 to 117 apply in respect of
every order made under subsection (1).
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| Discretionary
prohibition
order
|
110. (1) Where a person is convicted, or
discharged under section 736, of
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(a) an offence, other than an offence
referred to in any of paragraphs 109(1)(a),
(b) and (c), in the commission of which
violence against a person was used,
threatened or attempted, or
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(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,
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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.
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| 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.
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| 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.
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| 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.
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| Application of
ss. 113 to 117
|
(5) Sections 113 to 117 apply in respect of
every order made under subsection (1).
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| Application
for
prohibition
order
|
111. (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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| Application of
ss. 113 to 117
|
(7) Sections 113 to 117 apply in respect of
every order made under subsection (5).
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| 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.
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| 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.
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| 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.
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| 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.
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| Revocation of
prohibition
order under
s. 111(5)
|
112. A provincial court judge may, on
application by the person against whom an
order is made under subsection 111(5), revoke
the order if satisfied that the circumstances for
which it was made have ceased to exist.
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| Lifting of
prohibition
order for
sustenance or
employment
|
113. (1) Where a person who is or will be a
person against whom a prohibition order is
made establishes to the satisfaction of a
competent authority that
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(a) the person needs a firearm or restricted
weapon to hunt or trap in order to sustain the
person or the person's family, or
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(b) a prohibition order against the person
would constitute a virtual prohibition
against employment in the only vocation
open to the person,
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the competent authority may, notwithstanding
that the person is or will be subject to a
prohibition order, make an order authorizing
a chief firearms officer or the Registrar to
issue, in accordance with such terms and
conditions as the competent authority
considers appropriate, an authorization, a
licence or a registration certificate, as the case
may be, to the person for sustenance or
employment purposes.
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| Factors
|
(2) A competent authority may make an
order under subsection (1) only after taking
the following factors into account:
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(a) the criminal record, if any, of the person;
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(b) the nature and circumstances of the
offence, if any, in respect of which the
prohibition order was or will be made; and
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(c) the safety of the person and of other
persons.
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| Effect of
order
|
(3) Where an order is made under
subsection (1),
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(a) an authorization, a licence or a
registration certificate may not be denied to
the person in respect of whom the order was
made solely on the basis of a prohibition
order against the person or the commission
of an offence in respect of which a
prohibition order was made against the
person; and
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(b) an authorization and a licence may, for
the duration of the order, be issued to the
person in respect of whom the order was
made only for sustenance or employment
purposes and, where the order sets out terms
and conditions, only in accordance with
those terms and conditions, but, for greater
certainty, the authorization or licence may
also be subject to terms and conditions set
by the chief firearms officer that are not
inconsistent with the purpose for which it is
issued and any terms and conditions set out
in the order.
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| When order
can be made
|
(4) For greater certainty, an order under
subsection (1) may be made during
proceedings for an order under subsection
109(1), 110(1), 111(5), 117.05(4) or 515(2),
paragraph 737(2)(d) or subsection 810(3).
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| Meaning of
``competent
authority''
|
(5) In this section, ``competent authority''
means the competent authority that made or
has jurisdiction to make the prohibition order.
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| Requirement
to surrender
|
114. A competent authority that makes a
prohibition order against a person may, in the
order, require the person to surrender to a
peace officer, a firearms officer or a chief
firearms officer
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(a) any thing the possession of which is
prohibited by the order that is in the
possession of the person on the
commencement of the order, and
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(b) every authorization, licence and
registration certificate relating to any thing
the possession of which is prohibited by the
order that is held by the person on the
commencement of the order,
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and where the competent authority does so, it
shall specify in the order a reasonable period
for surrendering such things and documents
and during which section 117.01 does not
apply to that person.
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| Forfeiture
|
115. (1) Unless a prohibition order against
a person specifies otherwise, every thing the
possession of which is prohibited by the order
that, on the commencement of the order, is in
the possession of the person is forfeited to Her
Majesty.
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| Disposal
|
(2) Every thing forfeited to Her Majesty
under subsection (1) shall be disposed of or
otherwise dealt with as the Attorney General
directs.
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| Authorization
s revoked or
amended
|
116. Every authorization, licence and
registration certificate relating to any thing
the possession of which is prohibited by a
prohibition order and issued to a person
against whom the prohibition order is made is,
on the commencement of the prohibition
order, revoked, or amended, as the case may
be, to the extent of the prohibitions in the
order.
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