"Red Flag" Laws and Preventing Firearm-related Harm

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The new "Red Flag" laws allow any individual to apply for an emergency prohibition or limitations on access order and complement existing tools, such as calling 911 in urgent and life-threatening situations.

If a situation is urgent or life threatening, call 911 or your local police emergency number.

Preventing firearm-related harm or misuse
"Red Flag" laws: Emergency prohibition order
Applying for an emergency prohibition order
"Red Flag" laws: Emergency limitations on access order
Applying for an emergency limitations on access order
Protecting applicants and others
Emergency prohibition order and sustenance hunting or employment
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Preventing firearm-related harm or misuse

Law enforcement officers continue to have an essential role in working to prevent crime and intervening where there is a risk of firearm violence. This can include removing a firearm if there is a safety risk. It can also include applying to a court for a prohibition order when there are reasonable grounds to do so, whether using the new "Red Flag" law or existing Criminal Code provisions that allow for a longer-term prohibition order.

There are also tools available that anyone can access to help prevent firearm-related harm or misuse.

In urgent or life-threatening situations
Always call 911 or your local police emergency number. Police officers may take someone's firearms, firearm licences, or weapons if they believe there is a risk to anyone's safety. If you or someone you know are experiencing thoughts of suicide or hopelessness, you can call or text 9-8-8, and a responder will be there to support you. The 9-8-8: Suicide Crisis Helpline is available in all provinces and territories across Canada, 24 hours a day, every day of the year.
In non-urgent situations with safety risks
Consider calling 911 or your local police emergency number, even in non-urgent situations involving a firearm safety risk. You can also apply to a provincial or territorial court for an emergency prohibition order or an emergency limitations on access order. If a judge issues one of these orders, firearms may be removed temporarily from those found to be a safety risk, or terms and conditions could be imposed to ensure that they cannot access firearms.
In non-urgent situations with no safety risks
You can report other firearm-related concerns including concerns related to storage, transportation, use, or more, by contacting the Royal Canadian Mounted Police (RCMP)'s Canadian Firearms Program at 1-800-731-4000 or by e-mail at cfp-pcaf@rcmp.grc.gc.ca.

"Red Flag" laws: Emergency prohibition order

An emergency prohibition order is a type of court order. A judge can issue this order if they believe an individual poses a safety risk to themselves or others. When an order is issued, the person's firearms, firearm licence, other ownership documents, or other weapons may be removed for up to 30 days. The weapons may be seized by police or turned in by the owner.

The court can also set a hearing date to consider a longer-term prohibition order which can last up to five years. If a hearing date is set, the firearms and other items will not be returned until a decision is made on the longer-term order.

Anyone can apply for an emergency prohibition order

An emergency prohibition order does not result in a criminal record for the person subject to the order, except in the event of a breach of the order and conviction for that offence.
If an emergency prohibition order expires, the person's firearms licence and any other ownership documents, firearms and other items will be returned to the owner. If an order has expired and there are still safety concerns, anyone can apply for another emergency prohibition order.
It is important to note that those subject to an emergency prohibition order can apply to have it cancelled or changed before it expires. If a judge decides to cancel the order, the person's firearms, firearms licence and any other ownership document, and other items will be returned. The judge could also change the terms or length of the order.
Even if an emergency prohibition order has been cancelled or has expired, a Chief Firearms Officer can still revoke the person's firearms licence if they believe the person is no longer eligible for the licence.

Applying for an emergency prohibition order

Anyone can apply for an emergency prohibition order by contacting their local provincial or territorial court. You do not need a lawyer to apply. Where available, social support services (e.g., public legal education organizations, victims' services, and more) may be able to help you make an application.

Judges do not grant emergency prohibition orders automatically. The person applying (also known as "the applicant") will need to present information to the court at a scheduled hearing. During the hearing, applicants will need to explain why they believe the person poses a public safety risk to themselves or others and should not have access to a firearm or other weapon.

The judge can consider many types of information, including but not limited to:

personal notes
records of calls to the police
information from others, such as a family member, neighbour or friend
video or oral evidence of threats, violence, or attempted violence

The application for an emergency prohibition order is ex parte. This means that it is made without the knowledge of the person against whom the order is sought (also known as "the respondent"), and the hearing is held without the respondent present. A judge can also take other steps to protect the applicant's identity during the application process. If an order is issued, the respondent will be notified.

Remember: If a situation is urgent or life threatening, call 911 or your local police emergency number.

"Red Flag" laws: Emergency limitations on access order

An emergency limitations on access order is another type of court order. This order can be made if there is a risk that someone who is not allowed to have firearms or other weapons due to a court order could gain access to another person's firearms.

The order allows a judge to place restrictions on how another person stores or uses their firearms to help reduce risk. One example could be the court requiring a person that lives with someone subject to an emergency prohibition order to store their firearms at a licenced family member or licenced friend's home instead of their own. Other restrictions are also possible.

The emergency limitations on access order lasts up to 30 days. The court may also set a hearing date to consider a longer-term order.

The rules imposed on a person under an emergency limitations on access order must be the least intrusive possible. If there is no way for the person to follow these rules (for example, they have nowhere else to store the firearms), the court may order that the firearms or other items be removed temporarily.

Anyone can apply for an emergency limitations on access order

An emergency limitations on access order does not result in a criminal record for the person subject to the order, except in the event of a breach of the order and conviction for that offence.
Once an emergency limitations on access order ends, the restrictions placed on the person are lifted. If any firearms or other items were removed during the order, they will be returned.
If an order has expired and there are still safety concerns, anyone can apply for another emergency limitations on access order.

Applying for an emergency limitations on access order

Anyone can apply for an emergency limitations on access order by contacting their local provincial or territorial court. You do not need a lawyer to apply. Where available, social support services (e.g., public legal education organizations, victims' services, and more) may be able to help you make an application.

Judges do not grant emergency limitations on access orders automatically. The person applying (also known as "the applicant") will need to present information to the court at a scheduled hearing.

During the hearing, applicants will need to explain why they believe the person's firearms or other weapons are at risk of being accessed by someone who cannot have firearms or other weapons due to a court order.

The judge can consider many types of information, including but not limited to:

personal notes
records of calls to the police
information from third parties, such as a family member, a neighbour or a friend
video or oral evidence of threats, violence, or attempted violence

The application for an emergency limitations on access order is ex parte. This means that it is made without the knowledge of the person against whom the order is sought (also known as "the respondent"), and the hearing is held without the respondent present. A judge can also take other steps to protect the applicant's identity during the application process. If an order is issued, the respondent will be notified.

Remember: If a situation is urgent or life threatening, call 911 or your local police emergency number.

Protecting applicants and others

For both an emergency prohibition order and an emergency limitations on access order, the hearing will not include the person subject to the order.

Additional steps can be taken to protect the applicant, anyone known to the applicant, or others at risk such as family or friends including:

The judge can order that information identifying the applicant, or anyone they know at risk, such as family or friends, be removed from public court documents for safety reasons.
The judge may decide to hold the hearing in private, which means it will be closed to the public and media.
The judge may seal court documents to ensure they cannot be accessed for up to 30 days.
The applicant may apply to have identifying information removed or sealed.

The person subject to the order will be notified of the order only once it is granted by the court.

If the judge decides to hold a second hearing for a longer-term prohibition order, the person subject to the order is notified. It is the judge's decision whether or not the person is allowed to be present for the second hearing.

Emergency prohibition order and sustenance hunting or employment

There may be cases where a person under an emergency prohibition order needs their firearm(s) for sustenance hunting or employment reasons.

In that case, they may ask the court to authorize the issuance of a firearms licence so they can continue to use their firearm(s) for sustenance hunting or employment.

For sustenance hunters, the person will have to show that they need the firearm to hunt or trap to sustain for themselves or their family.

For employment reasons, the person will have to show that the order would prohibit them from employment in the only vocation open to them.

The court may or may not decide to lift the order. If a firearms licence is issued to an individual for sustenance or employment reasons despite a prohibition order, the court and/or Chief Firearms Officer can add restrictions for the person's continued use of firearms.

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