Refusal to Issue and Revocation of Registration Certificates and Permits Revocation of Authorizations, Revocation of Firearms Acquisition Certificates and Appeals Revocation of certificate - Revocation of permit - Revocation of authorization - Refusal to issue a certificate - Refusal to issue a permit - Notice to be given - Disposal of restricted weapons, etc. - Idem - Appeal - Service of notice of appeal - Appellant as witness - Disposition of appeal - Burden on applicant - Appeal to appeal court - Definitions - "Appeal court" - "Provincial court judge". 112. (1) A Registration certificate may be revoked by the Commissioner. (2) A permit may be revoked by any person who is authorized to issue such a permit. (2.1) An authorization referred to in subsection 90(3.2) may be revoked by a local registrar of irearms. (3) The Commissioner may refuse to issue a registration certificate where he has notice of any matter thaf may render it desirable in the interests of the safefy of the applicant therefor or any other person that the applicant should not possess a restricted weapon. (4) Any person who is authorized to issue a permit under any of subsections 110(2.1) to (7) may refuse to issue such a permit where that person has notice of any matter that may render it desirable in the interests of the safety of the applicant therefore or any other person that such a permit should not be issued to the applicant. (5) Where a registration certificate or a permit is revoked or a firearms acquisition certificate is revoked pursuant to subsection 100(7.1) or 103(3.1) or subparagraph 103(6)(b)(ii) or the issue of any registration certificate or permit is refused under this section, the person by whom it is revoked or by whom its issue is refused shall give notice to the holder of the registration certificate, permit or firearms acquisition certificate or the applicant therefor, as the case may be, in writing, of the revocation or refusal and of the reasons therefor and shall include in the notification a copy or an extract of the provisions of this section. (6) A notice under subsection (5) shall (a) specify a reasonable period within which the person affected by the revocation or refusal may surrender to a police officer or otherwise lawfully dispose of any restricted weapon, firearm or ammunition in respect of which the notice applies, and during which that person is not liable to prosecution by reason only that the person posssesses the restricted weapon, firearm or ammunition during that period of time; and (b) state that if that person fails to dispose of the restricted weapon, firearm or ammunition within the period specified in the notice, the restricted weapon, firearm or ammunition is forfeited to Her Majesly and must be surrendered to a police officer or firearmt officer to be disposed of as the Attorney General directs. (7) Where an appeal is taken under subsection (8), the period of time referred to in subsection (6) does not commence until that appeal is finally disposed of (8) A person who feels himself aggrieved by (a) any action or decision taken under this section, or (b) the failure of a local registrar of firearms to indicate on the copy of an application for a registration certificate that is sent by him to the commissioner pursuant to subsection 109(5), any of the matters referred to in subsections 109(3) and (4) that is applicable in respect of the application, may, within thirty days from the day on which he was notified of the action or decision or became aware of the failure, unless before or after the expiration of that period further time is allowed by a provincial court judge, appeal to a provincial court judge from the action, decision or failure by filing with the provincial court judge a notice of appeal, setting out with reasonable certainty the action, decision or failure complained of and the grounds of appeal, together with such further material as the provincial court judge may require. (9) A copy of any notice of appeal filed with a provincial court judge under subsection (8) and of any further material required to be filed therewith shall be served within fourteen days of the filing of the notice, unless before or after the expiration of that period further lime is allowed by a provincial court judge, on the person who took the action or decision or who was responsible for the failure being appealed from or on such other person as the provincial court judge may direct. (10) For the purposes of an appeal under subsection (8), the appellant is a competent and compellable wilness. (11) On the hearing of an appeal under subsection (8), the provincial court judge may (a) dismiss the appeal; or (b) allow the appeal and (i) cancel the revocation of the registration certificate, permit or firearms acquisition certificate or direct that a registration certifcate or permit be issued to the applicant therefore, as the case may be, or (ii) direct that a registration certificate be issued notwithstanding the failure referred to in paragraph (8)(b). (12) A provincial court judge shall dispose of an appeal under subsection (8) heard by him by dismissing it unless the applicant establishes to the satisfaction of the provincial court judge that a disposition referred to in paragraph (11)(b) is warranted. (13) Where the provincial court judge (a) dismisses an appeal under subsection (11), the appellant, or (b) allows an appeal under subsection (11), (i) the Attorney General of Canada or counsel instructed by him for the purpose, if the person who took the action or decision or who was responsible for the failure referred to in paragraph (8)(b) that was appealed from to the provincial court judge was the Commissioner or a local registrar of firearms appointed by him, or (ii) the Attorney General or counsel instructed by him for the purpose, in any other case, may appeal to the appeal court against the dismissal or against the allowing of the appeal, as the case may be, and the provisions of Parl XXVII except sections 816 to 819 and sections 829 to 838 apply, with such modifications as the circumstances require, in respect of that appeal. (14) In this section, "appeal court" has the meaning given that expression in subsection 100(11); "provincial court judge" means a judge having jurisdiction in the territorial division where the person who feels himself aggrieved as described in subsection (8) resides. RS. 1985, c. 27 (1st Supp.), s. 203; 1991 , c. 40, ss. 26, 32.