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Licence Appeal Tribunal Act, 1999

S.O. 1999, CHAPTER 12
Schedule G

Historical version for the period June 30, 2005 to June 30, 2005.

Amended by: 2002, c. 30, Sched. E, s. 8; 2002, c. 33, s. 143; 2004, c. 19, ss. 8 (3), 14; 2005, c. 17, s. 49.

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, except that no more than three members may sit on a panel. 1999, c. 12, Sched. G, s. 4 (3).

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).

Member to complete hearing

(7)If the term of office of a member of the Tribunal sitting for a hearing expires during the hearing, the member remains a member of the Tribunal for the purpose of completing the hearing. 1999, c. 12, Sched. G, s. 4 (7).

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.

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 because of illness or other reason. 1999, c. 12, Sched. G, s. 6 (1).

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 the Regulations Act. 1999, c. 12, Sched. G, s. 6 (5).

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 each party to a hearing before it, or the party’s counsel or agent, a copy of its final decision or order, including the reasons, if any, that it has given for it, by,

(a) regular mail;

(b) electronic transmission of a facsimile; or

(c) such other method that the Tribunal specifies in its rules. 1999, c. 12, Sched. G, s. 10.

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:

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

Business Practices Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (1) by striking out “Business Practices Act”. See: 2004, c. 19, ss. 14 (1), 24 (2).

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

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (2) by striking out “Consumer Protection Act”. See: 2004, c. 19, ss. 14 (2), 24 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (3) by adding “Consumer Protection Act, 2002”. See: 2004, c. 19, ss. 14 (3), 24 (2).

Consumer Reporting Act

Discriminatory Business Practices Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2005, chapter 17, section 49 by adding “Film Classification Act, 2005. See: 2005, c. 17, ss. 49, 52.

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.

Loan Brokers Act, 1994

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (4) by striking out “Loan Brokers Act, 1994”. See: 2004, c. 19, ss. 14 (4), 24 (2).

Mortgage Brokers Act

Motor Vehicle Dealers Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (5) by striking out “Motor Vehicle Dealers Act” and substituting “Motor Vehicle Dealers Act, 2002”. See: 2004, c. 19, ss. 14 (5), 24 (2).

Ontario New Home Warranties Plan Act

Paperback and Periodical Distributors Act

Real Estate and Business Brokers Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (6) by striking out “Real Estate and Business Brokers Act” and substituting “Real Estate and Business Brokers Act, 2002”. See: 2004, c. 19, ss. 14 (6), 24 (2).

Travel Industry Act

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2004, chapter 19, subsection 14 (7) by striking out “Travel Industry Act” and substituting “Travel Industry Act, 2002. See: 2004, c. 19, ss. 14 (7), 24 (2).

Upholstered and Stuffed Articles Act

1999, c. 12, Sched. G, s. 11.

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).

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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