| Return to
owner
|
117. Where the competent authority that
makes a prohibition order or that would have
had jurisdiction to make the order is, on
application for an order under this section,
satisfied that a person, other than the person
against whom a prohibition order was or will
be made,
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(a) is the owner of any thing that is or may
be forfeited to Her Majesty under
subsection 115(1) and is lawfully entitled to
possess it, and
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(b) in the case of a prohibition order under
subsection 109(1) or 110(1), had no
reasonable grounds to believe that the thing
would or might be used in the commission
of the offence in respect of which the
prohibition order was made,
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the competent authority shall order that the
thing be returned to the owner or the proceeds
of any sale of the thing be paid to that owner
or, if the thing was destroyed, that an amount
equal to the value of the thing be paid to the
owner.
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| Possession
contrary to
order
|
117.01 (1) Subject to subsection (4), every
person commits an offence who possesses a
firearm, a cross-bow, a prohibited weapon, a
restricted weapon, a prohibited device, any
ammunition, any prohibited ammunition or an
explosive substance while the person is
prohibited from doing so by any order made
under this Act or any other Act of Parliament.
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| Failure to
surrender
authorization,
etc.
|
(2) Every person commits an offence who
wilfully fails to surrender to a peace officer, a
firearms officer or a chief firearms officer any
authorization, licence or registration
certificate held by the person when the person
is required to do so by any order made under
this Act or any other Act of Parliament.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten 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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(4) Subsection (1) does not apply to a person
who possessed a firearm in accordance with an
authorization or licence issued to the person as
the result of an order made under subsection
113(1).
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| Application
for order
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117.011 (1) A peace officer, firearms officer
or chief firearms officer may apply to a
provincial court judge for an order under this
section where the peace officer, firearms
officer or chief firearms officer believes on
reasonable grounds that
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(a) the person against whom the order is
sought cohabits with, or is an associate of,
another person who is prohibited by any
order made under this Act or any other Act
of Parliament from possessing any firearm,
cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition,
prohibited ammunition or explosive
substance, or all such things; and
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(b) the other person would or might have
access to any such thing that is in the
possession of the person against whom the
order is sought.
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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
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(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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| Order
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(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 in respect of the person against whom
the order was sought imposing such terms and
conditions on the person's use and possession
of anything referred to in subsection (1) as the
provincial court judge considers appropriate.
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| Terms and
conditions
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(6) In determining terms and conditions
under subsection (5), the provincial court
judge shall impose terms and conditions that
are the least intrusive as possible, bearing in
mind the purpose of the order.
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| Appeal by
person or
Attorney
General
|
(7) 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
|
(8) 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
|
(9) 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 (7) or (8), 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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| Revocation of
order under
s. 117.011
|
117.012 A provincial court judge may, on
application by the person against whom an
order is made under subsection 117.011(5),
revoke the order if satisfied that the
circumstances for which it was made have
ceased to exist.
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| Search and
seizure
without
warrant where
offence
committed
|
117.02 (1) Where a peace officer believes
on reasonable grounds
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(a) that a weapon, an imitation firearm, a
prohibited device, any ammunition, any
prohibited ammunition or an explosive
substance was used in the commission of an
offence, or
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(b) that an offence is being committed, or
has been committed, under any provision of
this Act that involves, or the subject-matter
of which is, a firearm, an imitation firearm,
a cross-bow, a prohibited weapon, a
restricted weapon, a prohibited device,
ammunition, prohibited ammunition or an
explosive substance,
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and evidence of the offence is likely to be
found on a person, in a vehicle or in any place
or premises other than a dwelling-house, the
peace officer may, where the conditions for
obtaining a warrant exist but, by reason of
exigent circumstances, it would not be
practicable to obtain a warrant, search,
without warrant, the person, vehicle, place or
premises, and seize any thing by means of or
in relation to which that peace officer believes
on reasonable grounds the offence is being
committed or has been committed.
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| Disposition of
seized things
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(2) Any thing seized pursuant to subsection
(1) shall be dealt with in accordance with
sections 490 and 491.
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| Seizure on
failure to
produce
authorization
|
117.03 (1) Notwithstanding section 117.02,
a peace officer who finds
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(a) a person in possession of a firearm who
fails, on demand, to produce, for inspection
by the peace officer, an authorization or a
licence under which the person may
lawfully possess the firearm and a
registration certificate for the firearm, or
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(b) a person in possession of a prohibited
weapon, a restricted weapon, a prohibited
device or any prohibited ammunition who
fails, on demand, to produce, for inspection
by the peace officer, an authorization or a
licence under which the person may
lawfully possess it,
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may seize the firearm, prohibited weapon,
restricted weapon, prohibited device or
prohibited ammunition unless its possession
by the person in the circumstances in which it
is found is authorized by any provision of this
Part, or the person is under the direct and
immediate supervision of another person who
may lawfully possess it.
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| Return of
seized thing
on production
of
authorization
|
(2) Where a person from whom any thing is
seized pursuant to subsection (1) claims the
thing within fourteen days after the seizure
and produces for inspection by the peace
officer by whom it was seized, or any other
peace officer having custody of it,
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(a) an authorization or a licence under
which the person is lawfully entitled to
possess it, and
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(b) in the case of a firearm, a registration
certificate for the firearm,
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the thing shall forthwith be returned to that
person.
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| Forfeiture of
seized thing
|
(3) Where any thing seized pursuant to
subsection (1) is not claimed and returned as
and when provided by subsection (2), a peace
officer shall forthwith take the thing before a
provincial court judge, who may, after
affording the person from whom it was seized
or its owner, if known, an opportunity to
establish that the person is lawfully entitled to
possess it, declare it to be forfeited to Her
Majesty, to be disposed of or otherwise dealt
with as the Attorney General directs.
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| Application
for warrant to
search and
seize
|
117.04 (1) Where, pursuant to an
application made by a peace officer with
respect to any person, a justice is satisfied that
there are reasonable grounds to believe that it
is not desirable in the interests of the safety of
the person, or of any other person, for the
person to possess any weapon, prohibited
device, ammunition, prohibited ammunition
or explosive substance, the justice may issue
a warrant authorizing a peace officer to search
for and seize any such thing, and any
authorization, licence or registration
certificate relating to any such thing, that is
held by or in the possession of the person.
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| Search and
seizure
without
warrant
|
(2) Where, with respect to any person, a
peace officer is satisfied that there are
reasonable grounds to believe that it is not
desirable, in the interests of the safety of the
person or any other person, for the person to
possess any weapon, prohibited device,
ammunition, prohibited ammunition or
explosive substance, the peace officer may,
where the grounds 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
such thing, and any authorization, licence or
registration certificate relating to any such
thing, that is held by or in the possession of the
person.
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| Return to
justice
|
(3) A peace officer who executes a warrant
referred to in subsection (1) or who conducts
a search without a warrant under subsection
(2) shall forthwith make a return to the justice
who issued the warrant or, if no warrant was
issued, to a justice who might otherwise have
issued a warrant, showing
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(a) in the case of an execution of a warrant,
the things or documents, if any, seized and
the date of execution of the warrant; and
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(b) in the case of a search conducted without
a warrant, the grounds on which it was
concluded that the peace officer was
entitled to conduct the search, and the
things or documents, if any, seized.
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| Authorization
s, etc.,
revoked
|
(4) Where a peace officer who seizes any
thing under subsection (1) or (2) is unable at
the time of the seizure to seize an
authorization or a licence under which the
person from whom the thing was seized may
possess the thing and, in the case of a seized
firearm, a registration certificate for the
firearm, every authorization, licence and
registration certificate held by the person is, as
at the time of the seizure, revoked.
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| Application
for disposition
|
117.05 (1) Where any thing or document
has been seized under subsection 117.04(1) or
(2), the justice who issued the warrant
authorizing the seizure or, if no warrant was
issued, a justice who might otherwise have
issued a warrant, shall, on application for an
order for the disposition of the thing or
document so seized made by a peace officer
within thirty days after the date of execution
of the warrant or of the seizure without a
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.
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| Ex parte
hearing
|
(2) A justice may proceed ex parte to hear
and determine an application made under
subsection (1) in the absence of the person
from whom the thing or document was seized
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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| Hearing of
application
|
(3) At the hearing of an application made
under subsection (1), the justice shall hear all
relevant evidence, including evidence
respecting the value of the thing in respect of
which the application was made.
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| Forfeiture and
prohibition
order on
finding
|
(4) Where, following the hearing of an
application made under subsection (1), the
justice finds that it is not desirable in the
interests of the safety of the person from
whom the thing was seized or of any other
person that the person should possess any
weapon, prohibited device, ammunition,
prohibited ammunition and explosive
substance, or any such thing, the justice shall
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(a) order that any thing seized be forfeited
to Her Majesty or be otherwise disposed of;
and
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(b) where the justice is satisfied that the
circumstances warrant such an action, order
that the possession by that person of any
weapon, prohibited device, ammunition,
prohibited ammunition and explosive
substance, or of any such thing, be
prohibited during any period, not exceeding
five years, that is specified in the order,
beginning on the making of the order.
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| Reasons
|
(5) Where a justice does not make an order
under subsection (4), or where a justice does
make such an order but does not prohibit the
possession of all of the things referred to in
that subsection, the justice shall include in the
record a statement of the justice's reasons.
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| Application of
ss. 113 to 117
|
(6) Sections 113 to 117 apply in respect of
every order made under subsection (4).
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| Appeal by
person
|
(7) Where a justice makes an order under
subsection (4) in respect of a person, or in
respect of any thing that was seized from a
person, the person may appeal to the superior
court against the order.
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| Appeal by
Attorney
General
|
(8) Where a justice does not make a finding
as described in subsection (4) following the
hearing of an application under subsection (1),
or makes the finding but does not make an
order to the effect described in paragraph
(4)(b), the Attorney General may appeal to the
superior court against the failure to make the
finding or to make an order to the effect so
described.
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| Application of
Part XXVII to
appeals
|
(9) 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 (7) or (8) 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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| Where no
finding or
application
|
117.06 (1) Any thing or document seized
pursuant to subsection 117.04(1) or (2) shall
be returned to the person from whom it was
seized if
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(a) no application is made under subsection
117.05(1) within thirty days after the date of
execution of the warrant or of the seizure
without a warrant, as the case may be; or
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(b) an application is made under subsection
117.05(1) within the period referred to in
paragraph (a), and the justice does not make
a finding as described in subsection
117.05(4).
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| Restoration of
authorizations
|
(2) Where, pursuant to subsection (1), any
thing is returned to the person from whom it
was seized and an authorization, a licence or
a registration certificate, as the case may be,
is revoked pursuant to subsection 117.04(4),
the justice referred to in paragraph (1)(b) may
order that the revocation be reversed and that
the authorization, licence or registration
certificate be restored.
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| Public officers
|
117.07 (1) Notwithstanding any other
provision of this Act, but subject to section
117.1, no public officer is guilty of an offence
under this Act or the Firearms Act by reason
only that the public officer
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(a) possesses a firearm, a prohibited
weapon, a restricted weapon, a prohibited
device, any prohibited ammunition or an
explosive substance in the course of or for
the purpose of the public officer's duties or
employment;
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(b) manufactures or transfers, or offers to
manufacture or transfer, a firearm, a
prohibited weapon, a restricted weapon, a
prohibited device, any ammunition or any
prohibited ammunition in the course of the
public officer's duties or employment;
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(c) exports or imports a firearm, a
prohibited weapon, a restricted weapon, a
prohibited device or any prohibited
ammunition in the course of the public
officer's duties or employment;
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(d) exports or imports a component or part
designed exclusively for use in the
manufacture of or assembly into an
automatic firearm in the course of the
public officer's duties or employment;
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(e) in the course of the public officer's
duties or employment, alters a firearm so
that it is capable of, or manufactures or
assembles any firearm with intent to
produce a firearm that is capable of,
discharging projectiles in rapid succession
during one pressure of the trigger;
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(f) fails to report the loss, theft or finding of
any firearm, prohibited weapon, restricted
weapon, prohibited device, ammunition,
prohibited ammunition or explosive
substance that occurs in the course of the
public officer's duties or employment or the
destruction of any such thing in the course
of the public officer's duties or
employment; or
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(g) alters a serial number on a firearm in the
course of the public officer's duties or
employment.
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| Definition of
``public
officer''
|
(2) In this section, ``public officer'' means
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(b) a member of the Canadian Forces or of
the armed forces of a state other than
Canada who is attached or seconded to any
of the Canadian Forces;
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(c) an operator of a museum established by
the Chief of the Defence Staff or a person
employed in any such museum;
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(d) a member of a cadet organization under
the control and supervision of the Canadian
Forces;
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(e) a person training to become a police
officer or a peace officer under the control
and supervision of
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(ii) a police academy or similar
institution designated by the Attorney
General of Canada or the lieutenant
governor in council of a province;
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(f) a member of a visiting force, within the
meaning of section 2 of the Visiting Forces
Act, who is authorized under paragraph
14(a) of that Act to possess and carry
explosives, ammunition and firearms;
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(g) a person, or member of a class of
persons, employed in the public service of
Canada or by the government of a province
or municipality who is prescribed to be a
public officer; or
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(h) a chief firearms officer and any firearms
officer.
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