Applying for an Emergency Prohibition / Limitations on Access Order

Emergency orders are meant to be a fast way to reduce danger. There should be quick decisions and actions after you apply.

Here’s what typically happens:

1. Application to a court: You apply to your local courthouse explaining why you believe an emergency order is needed. Your application should include what protections you need for your privacy and safety during the process.
2. Judicial review: A judge looks at your application and decides whether it meets the legal threshold for an emergency order.
3. Emergency decision: The judge may grant an emergency order if they decide that immediate action is needed to keep people safe. Their decision is ‘ex-parte’, which means the person you applied for the order against does not need to be at court and is not told about the application at this stage. The Crown Attorney’s office is also not told or involved at this point. Find out what to do if an order isn’t granted (PDF).
4. Removal or seizure of weapons: Weapons, firearms, licences, or related items may be surrendered or seized (meaning they’re taken away). The exact timing can depend on the situation, but police should usually act quickly to remove weapons once an order is granted.
5. Possible long-term restrictions: Later on, the courts may have another hearing to decide whether to restrict the person’s access to weapons for longer. Even if the emergency order ends or is cancelled, a Chief Firearms Officer can decide to pause or take away the person’s firearms licence.

Download a Red Flags process flowchart (pdf) that helps explain the steps.

You don’t have to go through the process alone. Ottawa Victim Services can help you at each step and may be able to go with you to court. We can also connect you to other support services to help with things like your mental health, legal options or a safe place to stay.

If you have experienced intimate partner violence, human trafficking, or sexual violence, you can also get free Independent Legal Advice.

There are two types of emergency orders under the Red Flag Laws in Canada:

• Emergency Prohibition Order — usually when someone owns weapons
• Emergency Limitations on Access Order — usually when someone may not have their own weapons, but could access someone else’s

An Emergency Prohibition Order is usually used when a person owns or controls weapons themselves. It takes away a person’s access to certain weapons for a short time — usually up to 30 days, although it can lead to longer restrictions later.

The order may cover:

• firearms (like guns)
• crossbows
• prohibited weapons
• restricted weapons
• prohibited devices
• firearm parts
• ammunition
• prohibited ammunition
• explosive substances

A judge may order that a person:

• isn’t allowed to have firearms or weapons for a time
• must give up their firearms or licences
• must have their weapons taken away

An Emergency Limitations on Access Order is used when a person may not have their own weapons but may have access to someone else’s weapons. This order restricts their access for a short time — usually up to 30 days, although it can lead to longer restrictions later.

Examples include:

• firearms owned by a partner or someone they live with
• weapons stored in shared housing
• access to weapons through family members or people they know

This order is narrower than an Emergency Prohibition Order. It focuses on restricting access, rather than whether a person can own weapons.

Judges decide whether an emergency order is needed based on the information that’s available at the time. You’ll be asked in the application form to explain why you think there’s a risk of violence from weapons.

You don’t need to prove that you or someone else will be harmed.

You don’t need to prove that a crime has already happened.

It may help to give information about things like:

• threats of violence or intimidation
• when violence in the home has happened before
• conflict in a relationship that’s getting worse
• stalking or harassment
• evidence that the person owns or can access weapons
• things they’ve said about harming themself or others
• witness observations
• police reports or prior incidents
• messages, emails, voicemails, or other documentation showing threats

Support services can help you understand your options when it comes to giving evidence. You can also get Independent Legal Advice if you have experienced intimate partner violence, human trafficking or sexual violence.

Your identity may not automatically be protected. In your application, you should clearly ask the court for all the privacy and non‑disclosure protections you need for yourself or others. Ottawa Victims Services can help you understand your options.

The court may decide to:

• remove information that identifies you from public court documents
• keep court records private from the public for a short time
• restrict access to sensitive information
• hold the hearing in private (closed court) to protect you or people you know
• limit who can see or share information about your application, any related records, and any later order
• edit (redact) copies of your application and records to remove details that could identify you or people you know before those records are shared, including with the person you applied about

If the judge makes privacy or redaction orders, those protections can also apply later when your application or related records are shared or disclosed.

Learn more about privacy under Red Flag Laws on the Government of Canada website.

Emergency orders can’t end violence on their own. Also, they’re not right for everyone.

Some of their limitations are:

• you have to apply to court
• they only last for up to 30 days (although they can lead to longer restrictions)
• violence can still happen even when weapons are removed
• survivors may not always be able to protect their identity
• survivors may need other legal, community, and emotional support

An emergency order should only be one part of a larger safety plan.

Learn about other legal and civil options (PDF), including peace bonds and restraining orders.

Find additional support through Ottawa Victim Services, including crisis and emotional support.