Ordonnances d'interdiction d'armes à feu d'urgence

fr:Ordonnances d'interdiction d'armes à feu d'urgence

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Section 110.1 Emergency Prohibition Order

Application for emergency prohibition order

110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person 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.

Hearing in private

(2) The provincial court judge may hold the hearing of an application made under subsection (1) in private if the judge considers that it is necessary to protect the security of the applicant or of anyone known to the applicant.

Emergency prohibition order

(3) If, 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 and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

Service of order

(4) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

Warrant to search and seize

(5) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (3) possesses, in a building, receptacle or place, any thing the possession of which is prohibited by the order and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

Search and seizure without warrant

(6) If, in respect of a person who is subject to an order made under subsection (3) , 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 of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may — if the grounds for obtaining a warrant under subsection (5) exist but, by reason of a possible danger to the safety of the 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.

Return to provincial court judge or justice

(7) A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

(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

(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.

Return of things and documents

(8) Any things or documents seized under subsection (5) or (6) from a person against whom an order has been made under subsection (3) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person

(a) if no date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) [demande d'ordonnance d'interdiction] in respect of the person, as soon as feasible after the end of the period specified in the order made against the person under subsection (3) ;

(b) if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or

(c) despite paragraphs (a) and (b), if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked.

Application of sections 113, 114 and 116

(9) Sections 113 , 114 and 116 apply in respect of every order made under subsection (3).

Definition of provincial court judge

(10) In this section and sections 110.4 , 111 , 112 [révocation d'une ordonnance d'interdiction en vertu de l'art. 111(5)], 117.0101 , 117.0104 , 117.011 [ordonnance d'interdiction d'armes pour un associé d'une personne interdite] and 117.012 [révocation de l'ordonnance en vertu de l'art. 117.011], 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.
2015, c. 27, s. 32; 2019, c. 25, s. 32; 2023, c. 32, s. 4.

– CCC (CanLII), (Jus.)

Order denying access to information

110.2 (1) If an order is made under subsection 110.1(3) , a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following:

(a) any information relating to the order made under that subsection;

(b) any information relating to a warrant issued under subsection 110.1(5) ;

(c) any information relating to a search and seizure conducted without a warrant under subsection 110.1(6) ; and

(d) any information relating to the order made under this subsection.

Expiry of order

(2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 110.1(3) expires or is revoked.

Exception

(3) Despite subsection (2) , if, before the order made under subsection 110.1(3) expires or is revoked, a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) [demande d'ordonnance d'interdiction], an order made under subsection (1) ceases to have effect on

(a) the date fixed under subsection 110.4(1) ; or

(b) if the order made under subsection 110.1(3) is revoked before that date, the day on which it is revoked.

Procedure

(4) If an order is made under subsection (1) , all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3) , the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6) , the return made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5) .

Revocation or variance of order

(5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.
2023, c. 32, s. 4.

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Order to delete identifying information

110.3 (1) If an order is made under subsection 110.1(3) or 110.2(1) , a provincial court judge may, on application by the person who applied for the order referred to in subsection 110.1(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that

(a) copies be made of any documents relating to the order made under subsection 110.1(3) or 110.2(1) , as the case may be, including the order itself;

(b) any information that could identify the person who applied for the order referred to in subsection 110.1(3) or anyone known to the person be deleted from those copies; and

(c) the documents relating to the order made under subsection 110.1(3) or 110.2(1) , as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b).

Duration of order

(2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 110.1(3) or of anyone known to the person.

Procedure

(3) If an order is made under subsection (1) , the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4) .

Revocation or variance of order

(4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.

Clarification

(5) For greater certainty, if a date is fixed under subsection 110.4(1) for the hearing of an application made under subsection 111(1) [demande d'ordonnance d'interdiction], any order made under this section that is still in force applies in respect of that hearing.
2023, c. 32, s. 4.

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Order under subsection 111(5)

110.4 (1) If a provincial court judge makes an order under subsection 110.1(3) , the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 111(1) [demande d'ordonnance d'interdiction] and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 111(5) [ordonnance d'interdiction] is sought.

Clarification — application for order

(2) For the purpose of this section,

(a) the application for the order referred to in subsection 110.1(3) is deemed, except for the purpose of subsection 111(2) , to be an application made under subsection 111(1); and

(b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 110.1(3) , the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 111(1) [demande d'ordonnance d'interdiction].

Date for hearing

(3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 110.1(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 111(5) [ordonnance d'interdiction] is sought, adjourn the hearing.

Requirement — notice

(4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 111(1) [demande d'ordonnance d'interdiction], the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1) , cause notice of that application and of that date to be served on that Attorney General.

Cancellation of hearing

(5) If a provincial court judge revokes an order made under subsection 110.1(3) against a person before the application for an order sought under subsection 111(5) [ordonnance d'interdiction] against the person is heard, the judge shall cancel the hearing.
2023, c. 32, s. 4.

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Limitations

Application for emergency limitations on access order

117.0101 (1) Any person may make an ex parte application to a provincial court judge for an order under this section if the person believes on reasonable grounds that

(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

(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.

Hearing in private

(2) The provincial court judge may hold the hearing of an application made under subsection (1) in private if the judge considers that it is necessary to protect the security of the applicant or of anyone known to the applicant.

Emergency limitations on access order

(3) If, 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 and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order in respect of the person against whom the order is sought, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made, imposing any terms and conditions on the person’s use and possession of any thing referred to in subsection (1) that the judge considers appropriate.

Service of order

(4) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

Terms and conditions

(5) In determining terms and conditions under subsection (3), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.

Warrant to search and seize

(6) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (3) possesses, in a building, receptacle or place, any thing the use and possession of which is subject to terms and conditions under the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing that is in the possession of the person.

Search and seizure without warrant

(7) If, in respect of a person who is subject to an order made under subsection (3), 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 of any other person, for the person to possess any thing the use and possession of which is subject to terms and conditions under the order, the peace officer may — if the grounds for obtaining a warrant under subsection (6) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant — search for and seize any such thing that is in the possession of the person.

Return to provincial court judge or justice

(8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

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

(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, if any, seized.

Requirement to surrender

(9) A provincial court judge who makes an order against a person under subsection (3) may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer any thing the use or possession of which is subject to terms and conditions under the order that is in the possession of the person on the day on which the order is made, if the judge is satisfied by information on oath that it is not desirable in the interests of the safety of any person for the person to possess the thing, and if the judge does so, they shall specify in the order a reasonable period for surrendering the thing.

Condition

(10) A provincial court judge may issue a warrant under subsection (6) or include in an order made under subsection (3) a requirement set out in subsection (9) only if they are satisfied that there is no other way to ensure that the terms and conditions of that order can reasonably be complied with.

Return of things before expiry or revocation of order

(11) A peace officer who has seized any thing under subsection (6) or (7), and a peace officer, a firearms officer or a chief firearms officer to whom any thing has been surrendered in accordance with subsection (9), may, before the expiry or revocation of the order made under subsection (3), on being issued a receipt for it, return the thing to the person from whom it was seized or who surrendered it, if the peace officer, firearms officer or chief firearms officer, as the case may be, has reasonable grounds to believe that the person will comply with the terms and conditions of the order as to the use and possession of the thing.

Return of things after expiry or revocation of order

(12) Any things seized under subsection (6) or (7) from a person against whom an order has been made under subsection (3) and any things surrendered by the person in accordance with subsection (9) shall, unless already returned under subsection (11), be returned to the person

(a) if the order made against the person under subsection (3) is revoked, as soon as feasible after the day on which it is revoked; or

(b) in any other case, as soon as feasible after the end of the period specified in the order made against the person under subsection (3).

2023, c. 32, s. 10.

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Order denying access to information

117.0102 (1) If an order is made under subsection 117.0101(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following:

(a) any information relating to the order made under that subsection;

(b) any information relating to a warrant issued under subsection 117.0101(6);

(c) any information relating to a search and seizure conducted without a warrant under subsection 117.0101(7); and

(d) any information relating to the order made under this subsection.

Expiry of order

(2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 117.0101(3) expires or is revoked.

Exception

(3) Despite subsection (2), if, before the order made under subsection 117.0101(3) expires or is revoked, a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), an order made under subsection (1) ceases to have effect on

(a) the date fixed under subsection 117.0104(1); or

(b) if the order made under subsection 117.0101(3) is revoked before that date, the day on which it is revoked.

Procedure

(4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the return made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).

Revocation or variance of order

(5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.
2023, c. 32, s. 10.

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Order to delete identifying information

117.0103 (1) If an order is made under subsection 117.0101(3) or 117.0102(1), a provincial court judge may, on application by the person who applied for the order referred to in subsection 117.0101(3) or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order, subject to any terms and conditions that the judge considers desirable in the circumstances, directing that

(a) copies be made of any documents relating to the order made under subsection 117.0101(3) or 117.0102(1), as the case may be, including the order itself;

(b) any information that could identify the person who applied for the order referred to in subsection 117.0101(3) or anyone known to the person be deleted from those copies; and

(c) the documents relating to the order made under subsection 117.0101(3) or 117.0102(1), as the case may be, including the order itself, to which the public has access or that are made available to or required to be served on any person are to be the edited copies referred to in paragraph (b).

Duration of order

(2) An order made under subsection (1) may be for any period — definite or indefinite — that the provincial court judge considers necessary to protect the security of the person who applied for the order referred to in subsection 117.0101(3) or of anyone known to the person.

Procedure

(3) If an order is made under subsection (1), the originals of all documents that are the subject of the order shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).

Revocation or variance of order

(4) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.

Clarification

(5) For greater certainty, if a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), any order made under this section that is still in force applies in respect of that hearing.
2023, c. 32, s. 10.

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Order under subsection 117.011(5)

117.0104 (1) If a provincial court judge makes an order under subsection 117.0101(3), the judge may, on the judge’s own motion, fix a date for the hearing of an application made under subsection 117.011(1) and shall direct that notice of the hearing be given, in the manner that the judge may specify, to the person against whom an order under subsection 117.011(5) is sought.

Clarification — application for order

(2) For the purpose of this section,

(a) the application for the order referred to in subsection 117.0101(3) is deemed, except for the purpose of subsection 117.011(2), to be an application made under subsection 117.011(1); and

(b) if a person other than a peace officer, firearms officer or chief firearms officer made the application for the order referred to in subsection 117.0101(3), the Attorney General of the province in which the application was made — or, if the application was made in a territory, the Attorney General of Canada — becomes the applicant, in their place, in the application made under subsection 117.011(1).

Date for hearing

(3) The date fixed for the hearing must be before the end of the period for which the order made under subsection 117.0101(3) is in force. However, a provincial court judge may, before or at any time during the hearing, on application by the applicant or the person against whom an order under subsection 117.011(5) is sought, adjourn the hearing.

Requirement — notice

(4) If the Attorney General becomes, under paragraph (2)(b), the applicant in an application made under subsection 117.011(1), the provincial court judge shall, as soon as feasible but not later than 15 days before the date fixed under subsection (1), cause notice of that application and of that date to be served on that Attorney General.

Cancellation of hearing

(5) If a provincial court judge revokes an order made under subsection 117.0101(3) against a person before the application for an order sought under subsection 117.011(5) against the person is heard, the judge shall cancel the hearing.
2023, c. 32, s. 10.

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