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Licence Appeal Tribunal Act, 1999

S.O. 1999, CHAPTER 12
Schedule G

Historical version for the period March 30, 2011 to June 30, 2011.

Last amendment: 2011, c. 1, Sched. 5, s. 5.

Definition

1. In this Act,

“Tribunal” means the Licence Appeal Tribunal. 1999, c. 12, Sched. G, s. 1.

Tribunal established

2. (1) There is hereby established a tribunal to be known in English as the Licence Appeal Tribunal and in French as Tribunal d’appel en matière de permis. 1999, c. 12, Sched. G, s. 2 (1).

Members

(2) The Tribunal shall consist of not fewer than three members. 1999, c. 12, Sched. G, s. 2 (2).

Appointment

(3) The Lieutenant Governor in Council shall appoint the members and designate the term of their appointment. 1999, c. 12, Sched. G, s. 2 (3).

Remuneration and expenses

(4) Each member of the Tribunal, other than a full-time member, shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member’s reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal. 1999, c. 12, Sched. G, s. 2 (4).

Duties and powers

3. (1) The Tribunal shall hold the hearings and perform the other duties that are assigned to it by or under any Act or regulation. 1999, c. 12, Sched. G, s. 3 (1).

Powers

(2) Except as limited by this Act, the Tribunal has all the powers that are necessary or expedient for carrying out its duties. 1999, c. 12, Sched. G, s. 3 (2).

Quorum

4. (1) One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal. 1999, c. 12, Sched. G, s. 4 (1).

Chair and vice-chair

(2) The Lieutenant Governor in Council shall designate one of the members as chair and may designate one or more other members as vice-chairs of the Tribunal. 1999, c. 12, Sched. G, s. 4 (2).

Duties of chair

(3) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and, subject to subsection (4), shall arrange the sittings of the Tribunal and assign members to panels to conduct hearings as circumstances require. 1999, c. 12, Sched. G, s. 4 (3); 2011, c. 1, Sched. 5, s. 5 (1).

Composition of panel

(4) The panel that conducts a hearing shall include a member of the Tribunal who is a legally qualified medical practitioner if the hearing involves,

(a) an appeal of a suspension of a driver’s licence under section 50 of the Highway Traffic Act; and

(b) the appeal involves the medical condition or fitness to drive of the holder of the licence. 1999, c. 12, Sched. G, s. 4 (4).

Chair of panel

(5) The chair shall appoint a chair for each panel from the members sitting on the panel. 1999, c. 12, Sched. G, s. 4 (5).

Resolving deadlock

(6) If a panel of the Tribunal consists of two members and they do not agree on a decision, the decision of the chair of the panel shall be the decision of the panel. 1999, c. 12, Sched. G, s. 4 (6).

(7) Repealed: 2011, c. 1, Sched. 5, s. 5 (2).

No personal liability

5. No action or other proceeding for damages shall be instituted against any member of the Tribunal or anyone appointed to the service of the Tribunal for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 1999, c. 12, Sched. G, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Hearings re liquor and gaming

5.1 (1) This section applies to hearings held by the Tribunal under section 14.1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 or under the Gaming Control Act, 1992, the Liquor Licence Act or the Vintners Quality Alliance Act, 1999. 2011, c. 1, Sched. 1, s. 5 (1).

Parties

(2) The Registrar of Alcohol and Gaming, the person who required the hearing and the other persons that the Tribunal specifies are parties to the hearing. 2011, c. 1, Sched. 1, s. 5 (1).

Notice

(3) The Tribunal shall give notice of the hearing to the parties in the manner it considers appropriate. 2011, c. 1, Sched. 1, s. 5 (1).

Jurisdiction

(4) The Tribunal has jurisdiction to determine all questions of fact or law that arise in matters before it. 2011, c. 1, Sched. 1, s. 5 (1).

Stay

(5) An order of the Tribunal takes effect immediately unless the order provides otherwise but if section 11 allows for an appeal to the Divisional Court and such an appeal is made, that court may grant a stay of the order until the appeal has been disposed of. 2011, c. 1, Sched. 1, s. 5 (1).

See: 2011, c. 1, Sched. 1, ss. 5 (1), 11 (2).

Rules of Tribunal

6. (1) The Tribunal may make rules establishing procedures for hearings held by the Tribunal and the rights of parties to the hearings including,

(a) rules requiring that, despite any other Act, parties shall submit disagreements to mechanisms of alternate dispute resolution that are set out in the rules before they are entitled to a hearing before the Tribunal on the subject matter of the disagreement; and

(b) rules applicable if a member of the Tribunal conducting a hearing is unable to continue to conduct the hearing for any reason. 1999, c. 12, Sched. G, s. 6 (1); 2011, c. 1, Sched. 1, s. 5 (2).

Continuation of hearing

(2) A rule made under clause (1) (b) may provide for the continuation or termination of the hearing, with or without the consent of the parties, or the commencement of a fresh hearing by a panel differently composed if the initial hearing is terminated. 1999, c. 12, Sched. G, s. 6 (2).

Recording of evidence

(3) The Tribunal may make rules providing that the oral evidence given before the Tribunal at a hearing may be recorded if a party to the hearing so requests and pays the fee established by the Tribunal for that purpose. 1999, c. 12, Sched. G, s. 6 (3).

Special application

(4) A rule made under this section may be general or specific in its application and may apply differently to different hearings. 1999, c. 12, Sched. G, s. 6 (4).

Not regulations

(5) A rule made under this section shall not be deemed to be a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1999, c. 12, Sched. G, s. 6 (5); 2006, c. 21, Sched. F, s. 136 (1).

Conflict

(6) A rule made under this section does not prevail over any provision of this or any other Act, or a regulation made under this or any other Act, that sets out requirements for procedures for hearings held by the Tribunal or rights of parties to the hearings. 1999, c. 12, Sched. G, s. 6 (6).

Extension of time

7. Despite any limitation of time fixed by or under any Act for the giving of any notice requiring a hearing by the Tribunal or an appeal from a decision or order of the Tribunal under section 11 or any other Act, if the Tribunal is satisfied that there are reasonable grounds for applying for the extension and for granting relief, it may,

(a) extend the time for giving the notice either before or after the expiration of the limitation of time so limited; and

(b) give the directions that it considers proper as a result of extending the time. 1999, c. 12, Sched. G, s. 7.

Frivolous or vexatious application

8. If, on the application of a party to a hearing before the Tribunal with notice to the other parties, the Tribunal is satisfied that the application for the hearing is frivolous or vexatious, the Tribunal may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances. 1999, c. 12, Sched. G, s. 8.

Fees and charges

9. Subject to the approval of the Minister responsible for the administration of this Act, the Tribunal may establish fees or other charges to be paid by parties to hearings before the Tribunal. 1999, c. 12, Sched. G, s. 9.

Service of decisions and orders

10. The Tribunal shall send a copy of its final decision or order, including any reasons, to each party to a hearing, or to the person who represented the party. 2011, c. 1, Sched. 5, s. 5 (3).

Appeal

11. A party to a proceeding before the Tribunal relating to a matter under any of the following Acts may appeal from its decision or order to the Divisional Court in accordance with the rules of court:

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by adding “Subject to subsections (2) to (5)” at the beginning. See: 2011, c. 1, Sched. 1, ss. 5 (3), 11 (2).

Bailiffs Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2002, chapter 33, section 143 by adding “Board of Funeral Services Act”. See: 2002, c. 33, ss. 143, 154.

Building Code Act, 1992

Cemeteries Act (Revised)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2002, chapter 33, section 143 by striking out “Cemeteries Act (Revised)”. See: 2002, c. 33, ss. 143, 154.

Collection Agencies Act

Consumer Protection Act, 2002

Consumer Reporting Act

Discriminatory Business Practices Act

Film Classification Act, 2005

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2002, chapter 33, section 143 by adding “Funeral, Burial and Cremation Services Act, 2002”. See: 2002, c. 33, ss. 143, 154.

Funeral Directors and Establishments Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2002, chapter 33, section 143 by striking out “Funeral Directors and Establishments Act”. See: 2002, c. 33, ss. 143, 154.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by adding the following:

Gaming Control Act, 1992

Liquor Licence Act

See: 2011, c. 1, Sched. 1, ss. 5 (4), 11 (2).

Motor Vehicle Dealers Act, 2002

Ontario New Home Warranties Plan Act

Paperback and Periodical Distributors Act

Payday Loans Act, 2008

Private Career Colleges Act, 2005

Private Security and Investigative Services Act, 2005

Real Estate and Business Brokers Act, 2002

Travel Industry Act, 2002

Upholstered and Stuffed Articles Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by adding the following:

Vintners Quality Alliance Act, 1999

See: 2011, c. 1, Sched. 1, ss. 5 (4), 11 (2).

1999, c. 12, Sched. G, s. 11; 2004, c. 19, s. 14; 2005, c. 17, s. 49; 2005, c. 28, Sched. L, s. 59; 2005, c. 34, s. 55; 2006, c. 29, s. 63; 2008, c. 9, s. 80.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by adding the following subsections:

Appeals re liquor and gaming

(2) Subsections (3) to (5) apply to appeals under the Gaming Control Act, 1992, the Liquor Licence Act or the Vintners Quality Alliance Act, 1999. 2011, c. 1, Sched. 1, s. 5 (5).

Question of law only

(3) An appeal may be made on a question of law only. 2011, c. 1, Sched. 1, s. 5 (5).

Registrar a party

(4) The Registrar of Alcohol and Gaming is a party to the appeal. 2011, c. 1, Sched. 1, s. 5 (5).

Right to be heard

(5) The Minister responsible for the Act under which the appeal is made is entitled to be heard, by counsel or otherwise, upon the argument of the appeal. 2011, c. 1, Sched. 1, s. 5 (5).

See: 2011, c. 1, Sched. 1, ss. 5 (5), 11 (2).

Regulations

12. (1) The Lieutenant Governor in Council may make regulations prescribing rules of practice and procedure for proceedings before the Tribunal with respect to appeals to the Tribunal under the Highway Traffic Act. 1999, c. 12, Sched. G, s. 12 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Regulations

(1) The Lieutenant Governor in Council may make regulations,

(a) prescribing rules of practice and procedure for proceedings before the Tribunal with respect to appeals to the Tribunal under the Highway Traffic Act;

(b) governing transitional matters relating to hearings of an appeal under subsection 14.1 (5) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 as a result of the coming into force of section 1 of Schedule 1 to the Good Government Act, 2011;

(c) governing transitional matters relating to hearings of matters under the Gaming Control Act, 1992 as a result of the coming into force of section 3 of Schedule 1 to the Good Government Act, 2011;

(d) governing transitional matters relating to hearings of matters under the Liquor Licence Act as a result of the coming into force of section 6 of Schedule 1 to the Good Government Act, 2011. 2011, c. 1, Sched. 1, s. 5 (6).

See: 2011, c. 1, Sched. 1, ss. 5 (6), 11 (2).

Scope of regulations

(2) The prescribed rules may be of general or particular application. 1999, c. 12, Sched. G, s. 12 (2).

Conflict

(3) If the prescribed rules conflict with the Statutory Powers Procedure Act or any other Act or rules made under that Act or any other Act, the prescribed rules prevail. 1999, c. 12, Sched. G, s. 12 (3).

13.-36. Omitted (amends or repeals other Acts). 1999, c. 12, Sched. G, ss. 13-36.

37. Omitted (provides for coming into force of provisions of this Act). 1999, c. 12, Sched. G, s. 37.

38. Omitted (enacts short title of this Act). 1999, c. 12, Sched. G, s. 38.

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