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Alcohol and Gaming Regulation and Public Protection Act, 1996

S.O. 1996, CHAPTER 26
Schedule

Historical version for the period December 20, 2006 to June 30, 2007.

Amended by: 2002, c. 18, Sched. E, s. 1; 2006, c. 34, ss. 1, 27.

CONTENTS

1.

Definitions

2.

Commission established

3.

Duty of Commission

4.

Powers of Commission

5.

Delegation of powers and duties

6.

Registrar

7.

Employees

8.

Appropriation

9.

Annual report

10.

Hearings

11.

Appeal to Divisional Court

12.

Service

13.

Registrar’s certificate

14.

Fees and charges

14.1

Monetary penalties

15.

Information

16.

Regulations

Definitions

1. In this Act,

“chair” means the chair of the board of the Commission designated under subsection 2 (6); (“président”)

“Commission” means the Alcohol and Gaming Commission of Ontario established under section 2; (“Commission”)

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

“Registrar” means the Registrar of Alcohol and Gaming under section 6. (“registrateur”) 1996, c. 26, Sched., s. 1.

Commission established

2. (1) There is hereby established a corporation without share capital to be known in English as the Alcohol and Gaming Commission of Ontario and in French as the Commission des alcools et des jeux de l’Ontario. 1996, c. 26, Sched., s. 2 (1).

Board of directors

(2) The Commission shall have a board of directors consisting of the members appointed under subsection (3). 1996, c. 26, Sched., s. 2 (2).

Appointment of members

(3) All of the members of the board, of whom there shall be at least five, shall be appointed by the Lieutenant Governor in Council. 1996, c. 26, Sched., s. 2 (3).

(4) Repealed: 2006, c. 34, s. 27.

Quorum

(5) A majority of the members constitutes a quorum for meetings of the board and may exercise the powers of the board. 1996, c. 26, Sched., s. 2 (5).

Chair and vice-chair

(6) The Lieutenant Governor in Council shall designate one of the members as chair of the board and may designate one or more members as vice-chairs. 1996, c. 26, Sched., s. 2 (6).

Chair’s duty

(7) The chair shall preside over the meetings of the board. 1996, c. 26, Sched., s. 2 (7).

Acting chair

(8) If the chair is absent or otherwise unavailable to act or if the office of chair is vacant, a vice-chair shall act as and have all the powers of the chair. 1996, c. 26, Sched., s. 2 (8).

Non-application of Acts

(9) The Corporations Act and the Corporations Information Act do not apply to the Commission. 1996, c. 26, Sched., s. 2 (9).

Duty of Commission

3. (1) In addition to its powers and duties under this Act, the Commission shall be responsible for the administration of the Liquor Licence Act, the Gaming Control Act, 1992, the Wine Content Act and the regulations made under those Acts. 1996, c. 26, Sched., s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 34, subsection 1 (1) by striking out “Wine Content Act” and substituting “Wine Content and Labelling Act, 2000”. See: 2006, c. 34, ss. 1 (1), 42 (2).

Same

(2) In addition to its powers and duties under this Act, the Commission shall exercise those powers and duties under the Liquor Control Act and the regulations made under it that are assigned to it by the Lieutenant Governor in Council. 1996, c. 26, Sched., s. 3 (2).

Public interest

(3) The Commission shall exercise its powers and duties in the public interest and in accordance with the principles of honesty and integrity, and social responsibility. 1996, c. 26, Sched., s. 3 (3).

Same

(4) The board of the Commission shall,

(a) inform and advise the Minister with respect to matters that are of an urgent, critical or relevant nature and that are likely to require action by the Commission or the Minister to ensure that the administration of the Acts referred to in subsections (1) and (2) is carried out properly; and

(b) advise or report to the Minister on any matter that the Minister may refer to the Commission relating to this Act or to the administration of the Acts referred to in subsections (1) and (2). 1996, c. 26, Sched., s. 3 (4).

Powers of Commission

4. Without limiting the powers or capacities of the Commission, the board of the Commission may establish guidelines governing the exercise of any of the powers and duties under this Act and the Acts referred to in section 3. 1996, c. 26, Sched., s. 4.

Delegation of powers and duties

5. The board of the Commission may delegate in writing any of its powers and duties to any person or persons employed by the Commission and any such delegation is subject to any conditions set out in the delegation. 1996, c. 26, Sched., s. 5.

Registrar

6. (1) There shall be a Registrar of Alcohol and Gaming for the purposes of this Act, the Liquor Licence Act and the Gaming Control Act, 1992 and the regulations made under them. 1996, c. 26, Sched., s. 6 (1).

Deputy Registrars

(2) The Registrar may appoint one or more Deputy Registrars and may delegate his or her powers or duties to them, subject to any conditions set out in the delegation. 1996, c. 26, Sched., s. 6 (2).

Employees

7. (1) Such employees as the Commission may require may be appointed under this Act. 1996, c. 26, Sched., s. 7 (1).

Same

(2) Subject to the approval of the Lieutenant Governor in Council, the board of the Commission shall establish job categories, salary ranges and terms and conditions of employment for its employees. 1996, c. 26, Sched., s. 7 (2).

Appropriation

8. (1) Money required for the purposes of this Act before April 1, 1997 shall be paid out of the Consolidated Revenue Fund and thereafter out of the money appropriated for those purposes by the Legislature. 1996, c. 26, Sched., s. 8 (1).

Money from the Ontario Lottery and Gaming Corporation

(2) Subject to the approval of the Management Board of Cabinet, the board of the Commission may direct the Ontario Lottery and Gaming Corporation to pay to the Commission such money as the board directs, and that money may be used for the purposes of the Commission. 2002, c. 18, Sched. E, s. 1.

Annual report

9. (1) Not later than September 30 in each year, the board of the Commission shall make an annual report to the Minister on the activities and affairs of the Commission to March 31 of the year. 1996, c. 26, Sched., s. 9 (1).

Form and contents

(2) The annual report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires. 1996, c. 26, Sched., s. 9 (2).

Tabling

(3) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. 1996, c. 26, Sched., s. 9 (3).

Hearings

10. (1) The chair may direct that a hearing be held before a panel consisting of one or more members of the board of the Commission, as he or she may designate. 1996, c. 26, Sched., s. 10 (1).

One member quorum

(2) One member constitutes a quorum for the purposes of a hearing. 1996, c. 26, Sched., s. 10 (2).

Prior consideration of matter

(3) A member holding a hearing must not have taken part in any prior consideration of the specific issues to be determined at the hearing, other than an examination of any material that the parties are required to file with the board and a pre-hearing conference relating to those issues. 1996, c. 26, Sched., s. 10 (3).

Parties

(4) The Registrar, the person who required the hearing and such other persons as the panel may specify are parties to the hearing. 1996, c. 26, Sched., s. 10 (4).

Notice

(5) The board shall give notice of the hearing to the parties in the manner it considers appropriate. 1996, c. 26, Sched., s. 10 (5).

Jurisdiction

(6) The board has jurisdiction to determine all questions of fact or law that arise in matters before it. 1996, c. 26, Sched., s. 10 (6).

Stay

(7) An order of the board takes effect immediately unless the order provides otherwise but if an appeal is made to the Divisional Court, that court may grant a stay of the order until the appeal has been disposed of. 1996, c. 26, Sched., s. 10 (7).

Oaths

(8) Every member of the board has power to administer oaths and affirmations for the purposes of a hearing. 1996, c. 26, Sched., s. 10 (8).

Appeal to Divisional Court

11. (1) A party to a hearing before the board may appeal from the board’s decision to the Divisional Court in accordance with the rules of court. 1996, c. 26, Sched., s. 11 (1).

Question of law only

(2) An appeal under this section may be made on a question of law only. 1996, c. 26, Sched., s. 11 (2).

Registrar a party

(3) The Registrar is a party to the appeal. 1996, c. 26, Sched., s. 11 (3).

Right to be heard

(4) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of the appeal. 1996, c. 26, Sched., s. 11 (4).

Service

12. (1) A notice, order or other document that is required or permitted to be given or delivered to or served on a person under this Act, the Liquor Licence Act or the Gaming Control Act, 1992 is sufficiently given, delivered or served if it is,

(a) delivered personally;

(b) sent by regular mail addressed to the person at the person’s last known address; or

(c) sent by telephone transmission of a facsimile of the notice, order or document to the person’s last known facsimile telephone number. 1996, c. 26, Sched., s. 12 (1).

Deemed receipt, mail

(2) A notice, order or other document sent by regular mail in accordance with clause (1) (b) shall be deemed to be given, served or delivered on the fifth day after the day of mailing, unless the person to whom it is sent establishes that it was not received on or before that date because of absence, accident, illness or other cause beyond the person’s control. 1996, c. 26, Sched., s. 12 (2).

Deemed receipt, facsimile transmission

(3) A notice, order or other document sent by telephone transmission of a facsimile in accordance with clause (1) (c) shall be deemed to be given, served or delivered on the date of transmission unless the person to whom it is sent establishes that it was not received on that date because of absence, accident, illness or other cause beyond the person’s control. 1996, c. 26, Sched., s. 12 (3).

Registrar’s certificate

13. (1) The Registrar may issue a signed certificate that contains information concerning,

(a) the issuance or non-issuance of a licence or permit under the Liquor Licence Act;

(b) the registration or non-registration of any person;

(c) the filing or non-filing of any document or material required or permitted to be filed with the Commission;

(d) the time when the facts upon which a proceeding is based first came to the knowledge of the Registrar; and

(e) any other matter pertaining to licences or permits under the Liquor Licence Act, registration or non-registration, filing or non-filing. 1996, c. 26, Sched., s. 13 (1).

Admissibility of certificate

(2) The certificate is, without proof of the office or signature of the Registrar, receivable in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate. 1996, c. 26, Sched., s. 13 (2).

Fees and charges

14. The board of the Commission may establish, subject to the approval of the Minister, fees or other charges and provide for refunds for the purposes of this Act, the Acts referred to in section 3 and the regulations made under them. 1996, c. 26, Sched., s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 34, subsection 1 (2) by adding the following section:

Monetary penalties

14.1 (1) The board of the Commission may establish, subject to the approval of the Minister, a schedule of monetary penalties that may be imposed with respect to contraventions of those Acts and regulations administered by the Commission that are prescribed by the regulations. 2006, c. 34, s. 1 (2).

Registrar’s power to impose penalty

(2) The Registrar may impose monetary penalties set out in the schedule established by the board of the Commission. 2006, c. 34, s. 1 (2).

Guidelines to be considered

(3) In deciding to impose a monetary penalty, the Registrar shall have regard to the guidelines governing the imposition of such penalties established by the board under section 4. 2006, c. 34, s. 1 (2).

Use of money

(4) Money received from monetary penalties may be used for the following purposes only:

1. Public awareness, education and training programs for the general public in relation to alcohol and gaming.

2. Education and training programs for licence holders, permit holders and other persons governed by the Acts and regulations administered by the Commission that are prescribed by the regulations. 2006, c. 34, s. 1 (2).

Appeal

(5) A person on whom a monetary penalty is imposed may appeal to the board of the Commission, in which case a hearing shall be held in accordance with section 10. 2006, c. 34, s. 1 (2).

Power of board on hearing

(6) The panel of the board holding the hearing may confirm the monetary penalty or set it aside. 2006, c. 34, s. 1 (2).

Decision final

(7) A decision of the board under subsection (6) is final and not subject to appeal to the Divisional Court under section 11. 2006, c. 34, s. 1 (2).

See: 2006, c. 34, ss. 1 (2), 42 (2).

Information

15. The board of the Commission may require that any information under this Act and the Acts referred to in section 3 be provided in a manner approved by the board. 1996, c. 26, Sched., s. 15.

Regulations

16. The Lieutenant Governor in Council may make regulations,

(a) assigning the exercise of the powers and duties set out in the Liquor Licence Act, the Gaming Control Act, 1992, the Wine Content Act and the regulations made under them to the board of the Commission or the Registrar, as the Lieutenant Governor in Council considers advisable;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 34, subsection 1 (3) by striking out “Wine Content Act” and substituting “Wine Content and Labelling Act, 2000”. See: 2006, c. 34, ss. 1 (3), 42 (2).

(b) assigning the exercise of any power or duty under the Liquor Control Act and the regulations made under it to the board of the Commission or the Registrar, as the Lieutenant Governor in Council considers advisable;

Note: On a day to be named by proclamation of the Lieutenant Governor, section 16 is amended by the Statutes of Ontario, 2006, chapter 34, subsection 1 (4) by adding the following clause:

(b.1) prescribing Acts and regulations for the purposes of section 14.1;

See: 2006, c. 34, ss. 1 (4), 42 (2).

(c) respecting any matter necessary to facilitate the implementation of this Act. 1996, c. 26, Sched., s. 16.

17. Omitted (enacts short title of this Act). 1996, c. 26, Sched., s. 17.

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