Firearms Act (S.C. 1995, c. 39)

Marginal note:Decision by provincial court judge

76. On the hearing of a reference, the provincial court judge may, by order,

• (a) confirm the decision of the chief firearms officer, Registrar or provincial minister;

• (b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or

• (c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Marginal note:Nunavut

76.1 With respect to Nunavut, the following definitions apply for the purposes of sections 77 to 81.

“provincial court judge”

« juge »

“provincial court judge” means a judge of the Nunavut Court of Justice.

“superior court”

« cour supérieure »

“superior court” means a judge of the Court of Appeal of Nunavut.

Marginal note:Appeal to superior court

• 77. (1) Subject to section 78, where a provincial court judge makes an order under paragraph 76(a), the applicant for or holder of the licence, registration certificate, authorization or approval, as the case may be, may appeal to the superior court against the order.

• Marginal note:Appeal by Attorney General

  (2) Subject to section 78, where a provincial court judge makes an order under paragraph 76(b) or (c),

  • (a) the Attorney General of Canada may appeal to the superior court against the order, if the order is directed to a chief firearms officer who was designated by the federal Minister, to the Registrar or to the federal Minister; or

  • (b) the attorney general of the province may appeal to the superior court against the order, in the case of any other order made under paragraph 76(b) or (c).

Marginal note:Notice of appeal

• 78. (1) An appellant who proposes to appeal an order made under section 76 to the superior court must give notice of appeal not later than thirty days after the order is made.

• Marginal note:Extension of time

  (2) The superior court may, either before or after the expiration of those thirty days, extend the time within which notice of appeal may be given.

• Marginal note:Contents of notice

  (3) A notice of appeal must set out the grounds of appeal, together with such further material as the superior court may require.

• Marginal note:Service of notice

  (4) A copy of any notice of appeal filed with the superior court under subsection (1) and of any further material required to be filed with it shall be served within fourteen days after the filing of the notice, unless before or after the expiration of those fourteen days further time is allowed by the superior court, on

  • (a) the Attorney General of Canada, in the case of an appeal of an order made under paragraph 76(a) confirming a decision of a chief firearms officer who was designated by the federal Minister, of the Registrar or of the federal Minister;

  • (b) the attorney general of the province, in the case of an appeal against any other order made under paragraph 76(a);

  • (c) the applicant for or holder of the licence, registration certificate, authorization or approval, in the case of an appeal against an order made under paragraph 76(b) or (c); and

  • (d) any other person specified by the superior court.