Section 74 Reference Hearings

Challenging a Firearms Decision in Court

When the Chief Firearms Officer (CFO) refuses your PAL application or revokes your licence, or the Registrar refuses or revokes a registration certificate, the letter you receive is not the end of the matter. The Firearms Act gives you a right to take the decision to a judge. That process is called a reference, and it is found in sections 74 to 81 of the Act.

A reference is not a criminal case, and nothing on your criminal record changes. But the stakes are real. The time limit is tight, the burden of proof is on you, and the record you build in the Ontario Court of Justice is the record any appeal will be decided on.

Our firearms practice covers the whole range, from new applications to licence revocations. This page is about the court stage: how a section 74 reference works, what the judge is actually deciding, and how to prepare one properly.

How a Section 74 Reference Works

Which Decisions Can Be Referred

Under s. 74(1), you can refer a matter to a provincial court judge where:

• a CFO or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import;
• a CFO decides under s. 67 (on renewal) that a restricted firearm or grandfathered pre-December 1, 1998 handgun is not being used for a purpose the Act permits (such as target shooting or a collection); or
• the provincial minister refuses or revokes approval of a shooting club or range.

The reference goes to a provincial court judge in the territorial division where you live. In Ontario, that means the Ontario Court of Justice.

Two limits are worth knowing. First, the section lists refusals and revocations. It does not expressly mention conditions a CFO attaches to a licence under s. 58, or a short suspension under s. 69.1. Challenging those may require a different procedure, so get advice promptly. Second, there has to be an actual decision about you. In Canada (Attorney General) v. M.C., 2023 ONCA 448, the Court of Appeal for Ontario held that owners whose registration certificates were cancelled by the May 2020 Order in Council could not bring a reference. The change happened by operation of law, and the RCMP letter telling them about it was only informational. There was nothing for a judge to review.

The 30-Day Limit

Under s. 74(2), the reference must be brought within 30 days after you receive notice of the decision. A provincial court judge can allow more time, before or after the 30 days run out. An extension is discretionary, though, and it is much better not to need one. Treat the date on the notice as the start of the clock.

Your Firearms While the Reference Is Pending

The notice itself has consequences. Under s. 72(4), a notice refusing or revoking a licence must tell you to deliver your firearms and certain other items to a peace officer, firearms officer or CFO within 24 hours, or within a longer period the CFO sets. Section 72(6) adds that if you refer the decision to a judge, you must deliver any firearm you possess to a peace officer within that same period. A 2026 amendment, in force since July 2026, changed the wording of s. 72(4) from “may” deliver to “must” deliver.

If the judge later confirms the decision, s. 72(7)–(10) lets the judge order the firearms returned to you so you can lawfully dispose of them, on conditions. You then have 30 days after they come back to sell or transfer them. Planning that disposal early, such as a sale through a business or a transfer to a licensed family member, keeps value from being lost if the reference fails.

Notice, Disclosure and the Hearing

When a reference is filed, the judge sets a hearing date and directs notice to the CFO or Registrar (s. 75(1)). The CFO’s notice must already give reasons “disclosing the nature of the information relied on” (s. 72(2)). The CFO may hold back information whose disclosure could endanger someone (s. 72(3)). The CFO’s file (investigation notes, police reports, reference and spousal interviews, medical information) is the core of the case.

At the hearing, the judge “shall hear all relevant evidence” from both sides (s. 75(2)). Both sides can call witnesses. If you do not attend, the hearing can go ahead without you on the same basis as a summary conviction trial (s. 75(4)).

What the Judge Decides

The Burden and the Test

Section 75(3) puts the burden on the applicant or licence holder to satisfy the judge that the refusal or revocation “was not justified.” The eligibility question underneath is s. 5(1): a person is not eligible for a licence if it is desirable, in the interests of safety, that they not possess firearms. Section 5(2) lists factors the CFO, and the judge on a reference, “shall have regard to”. These include certain convictions or discharges, mental illness associated with violence, a history of violence or threatening conduct, prior protective orders, and any other reason the person poses a risk of harm. These are factors to weigh, not automatic bars.

The judge’s options are set out in s. 76: confirm the decision, direct the CFO or Registrar to issue the licence, certificate or authorization, or cancel the revocation. The section does not give the judge a power to substitute conditions. That is one reason negotiated outcomes with the CFO before or during the reference can matter.

De Novo Hearing or Deferential Review?

How much weight the judge gives the CFO’s original decision is not settled. Some decisions treat the reference as close to a fresh hearing: s. 75(2) requires the judge to hear all relevant evidence, so the judge decides on the whole record. Other decisions treat it as a review of the CFO’s decision on an expanded record. On that view, the new evidence adds to what the CFO had, and the question is whether the decision was reasonable in light of all of it, with some deference to the CFO. Ontario decisions have not been uniform, so we build the record on the assumption that the judge will look closely at both what the CFO had and what it missed.

We prepare every reference to succeed under either approach. That means evidence that answers the CFO’s specific concern directly, not only a general case that you are a good person.

What We Do

• PAL and RPAL refusals, including refusals based on spousal or reference concerns, old records or mental-health history
• Licence revocations after criminal charges, peace bonds, police calls or complaints
• Registrar refusals and revocations of registration certificates for restricted firearms
• Refusals and revocations of authorizations to transport
• Section 67 decisions on renewal about restricted firearms and grandfathered handguns
• Applications to extend the 30-day limit where notice was missed or delayed
• Appeals from reference decisions to the Superior Court of Justice

Our Approach

1. Get the Whole File, Then Find the Real Concern

Most refusals and revocations turn on one or two pieces of information: a police occurrence report, an ex-partner’s interview, a hospital visit. We obtain the CFO’s full record, test it for accuracy, and identify exactly what the decision rests on.

2. Build Evidence That Answers It

The evidence that persuades is specific. It depends on the concern, but often includes:

• Context for past incidents. What actually happened, what the police did (or did not do), and how the matter was resolved. A withdrawn charge or an acquittal is not a finding of risk, and neither is it automatically irrelevant.
• Medical evidence. A current opinion from a treating physician or psychiatrist that addresses risk directly, rather than a general note.
• Character evidence. People who know you, including family, employers and club members, speaking to your conduct and your handling of firearms, ideally in person.
• Storage and access arrangements. Evidence of compliant storage, and where it helps, proposals such as third-party storage with a licensed person or storing firearms away from the home while a concern is addressed.
• Your own evidence. A reference usually needs you to testify, and preparation for cross-examination by counsel for the CFO matters.

3. Coordinate With Any Criminal Case

Revocations often follow a charge. The Crown can use what you say at a reference, and cross-examination at a reference can create a record. We sequence the two proceedings so the reference does not damage your criminal defence, and so a good criminal outcome (a withdrawal, a peace bond, an acquittal) is put to its best use on the licensing side. See our pages on firearms charges and domestic assault.

4. Protect the Appeal Record

The applicant can appeal a confirming order to the superior court (s. 77(1)), and the Attorney General can appeal an order directing issuance or cancelling a revocation (s. 77(2)). Notice of appeal is due within 30 days of the order, extendable by the superior court (s. 78). A further appeal to the Court of Appeal needs leave and is limited to questions of law alone (s. 80). Because appeals are argued mostly on the reference record, the evidence has to be in at the first hearing.

Collateral Consequences

• Your firearms. A confirmed refusal or revocation means lawful disposal, often at a loss if it is done in a hurry.
• Future applications. The CFO will see the refusal and the reasons for it on any later application.
• Work and way of life. Farmers, guides, security workers and competitive shooters can lose income or a long-standing pursuit.

Our firearms files are handled by Jaime Mor and Peter Kott. Peter holds an RPAL himself, so he knows the licensing system from the owner’s side as well as the lawyer’s.

Related Resources

• Firearms Licence Applications & Revocations: our overview of firearms licensing in Ontario
• Firearms Licence Revocation: the stage before and around a revocation notice
• Firearms Seizure & Forfeiture Hearings: when police seize firearms under the Criminal Code
• Firearms Prohibition Applications: court-ordered prohibitions under s. 111 and related sections

The 30-day clock starts when you receive the notice. To talk through a refusal or revocation, contact Mor Fisher LLP at 705-721-6642 or through our contact page.