You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.

Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sched. G

Skip to content
Versions
current January 1, 2024 (e-Laws currency date)
December 6, 2023 December 31, 2023
December 1, 2023 December 5, 2023
July 1, 2023 November 30, 2023
June 8, 2023 June 30, 2023
March 3, 2022 June 7, 2023
November 29, 2021 March 2, 2022
June 8, 2021 November 28, 2021
February 1, 2021 June 7, 2021
December 8, 2020 January 31, 2021
March 4, 2020 December 7, 2020
December 10, 2019 March 3, 2020
May 29, 2019 December 9, 2019
November 16, 2018 May 28, 2019
October 17, 2018 November 15, 2018
July 1, 2018 October 16, 2018
December 14, 2017 June 30, 2018
November 1, 2017 December 13, 2017
April 13, 2017 October 31, 2017
April 1, 2016 April 12, 2017
February 1, 2016 March 31, 2016
December 10, 2015 January 31, 2016
December 3, 2015 December 9, 2015
January 1, 2015 December 2, 2015
November 20, 2014 December 31, 2014
December 12, 2013 November 19, 2014
July 1, 2012 December 11, 2013
July 1, 2011 June 30, 2012
March 30, 2011 June 30, 2011
January 1, 2010 March 29, 2011
April 1, 2009 December 31, 2009
July 1, 2008 March 31, 2009
June 18, 2008 June 30, 2008
August 23, 2007 June 17, 2008
July 25, 2007 August 22, 2007
May 1, 2007 July 24, 2007
December 20, 2006 April 30, 2007
October 19, 2006 December 19, 2006
September 18, 2006 October 18, 2006
March 31, 2006 September 17, 2006
December 15, 2005 March 30, 2006
December 12, 2005 December 14, 2005
August 31, 2005 December 11, 2005
July 30, 2005 August 30, 2005
July 1, 2005 July 29, 2005
June 30, 2005 June 30, 2005
June 13, 2005 June 29, 2005
November 30, 2004 June 12, 2005
December 13, 2002 November 29, 2004
46 more

Licence Appeal Tribunal Act, 1999

S.O. 1999, CHAPTER 12
Schedule G

Historical version for the period July 1, 2023 to November 30, 2023.

Last amendment: 2023, c. 9, Sched. 29, s. 12.

Legislative History: 2002, c. 30, Sched. E, s. 8 (But see 2004, c. 19, s. 8 (3)); 2002, c. 33, s. 143; 2004, c. 19, s. 14; 2005, c. 17, s. 49; 2005, c. 28, Sched. L, s. 59; 2005, c. 34, s. 55; 2006, c. 21, Sched. C, s. 116; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 29, s. 63; 2008, c. 9, s. 80; 2011, c. 1, Sched. 1, s. 5; 2011, c. 1, Sched. 5, s. 5; 2013, c. 13, Sched. 1, s. 15; 2014, c. 9, Sched. 5, s. 5, 6; 2015, c. 28, Sched. 2, s. 81; 2015, c. 38, Sched. 9, s. 46; 2015, c. 38, Sched. 13; 2017, c. 5, Sched. 1, s. 79; 2017, c. 33, Sched. 1, s. 89; 2017, c. 33, Sched. 2, s. 78; 2017, c. 33, Sched. 3, s. 38; 2018, c. 12, Sched. 2, s. 54; 2019, c. 7, Sched. 9, s. 52; 2019, c. 14, Sched. 10, s. 9; 2019, c. 15, Sched. 1, s. 23; 2019, c. 15, Sched. 22, s. 97; 2020, c. 1, s. 34; 2020, c. 36, Sched. 12, s. 21; 2022, c. 2, Sched. 8; 2023, c. 9, Sched. 29, s. 12.

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).

Section Amendments with date in force (d/m/y)

2011, c. 1, Sched. 5, s. 5 (1, 2) - 30/03/2011

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.

Hearings re liquor, cannabis or gaming

5.1 (1) This section applies to hearings held by the Tribunal under section 14 of the Alcohol and Gaming Commission of Ontario Act, 2019 or under the Cannabis Licence Act, 2018, the Gaming Control Act, 1992, the Horse Racing Licence Act, 2015, the Liquor Licence and Control Act, 2019 or the Vintners Quality Alliance Act, 1999. 2018, c. 12, Sched. 2, s. 54 (1); 2019, c. 15, Sched. 1, s. 23 (1); 2019, c. 15, Sched. 22, s. 97 (1).

Parties

(2) The Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, the person who required the hearing and the other persons that the Tribunal specifies are parties to the hearing. 2015, c. 38, Sched. 9, s. 46 (2); 2018, c. 12, Sched. 2, s. 54 (2); 2019, c. 15, Sched. 1, s. 23 (2).

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).

Section Amendments with date in force (d/m/y)

2011, c. 1, Sched. 1, s. 5 (1) - 1/07/2011

2015, c. 38, Sched. 9, s. 46 (1, 2) - 1/04/2016; 2015, c. 38, Sched. 13, s. 1 - 1/02/2016

2018, c. 12, Sched. 2, s. 54 (1, 2) - 16/11/2018

2019, c. 15, Sched. 1, s. 23 (1, 2) - 29/11/2021; 2019, c. 15, Sched. 22, s. 97 (1) - 29/11/2021

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).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

2011, c. 1, Sched. 1, s. 5 (2) - 30/03/2011

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).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. C, s. 116 - 1/05/2007

2011, c. 1, Sched. 5, s. 5 (3) - 30/03/2011

Appeal

11 (1) Subject to subsections (2) to (6), 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

Board of Funeral Services Act

Building Code Act, 1992

Cannabis Licence Act, 2018

Collection and Debt Settlement Services Act

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by adding the following: (See: 2019, c. 7, Sched. 9, s. 52)

Combative Sports Act, 2019

Condominium Management Services Act, 2015

Consumer Protection Act, 2002

Consumer Reporting Act

Discriminatory Business Practices Act

Funeral, Burial and Cremation Services Act, 2002

Gaming Control Act, 1992

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by adding the following: (See: 2017, c. 5, Sched. 1, s. 79)

Home Inspection Act, 2017

Horse Racing Licence Act, 2015

Insurance Act

Liquor Licence and Control Act, 2019

Motor Vehicle Dealers Act, 2002

New Home Construction Licensing Act, 2017

Ontario New Home Warranties Plan Act

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by striking out “Ontario New Home Warranties Plan Act”. (See: 2017, c. 33, Sched. 2, s. 78 (2))

Payday Loans Act, 2008

Private Career Colleges Act, 2005

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by striking out “Private Career Colleges Act, 2005” and substituting “Ontario Career Colleges Act, 2005”. (See: 2023, c. 9, Sched. 29, s. 12)

Private Security and Investigative Services Act, 2005

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by adding the following: (See: 2017, c. 33, Sched. 2, s. 78 (1))

Protection for Owners and Purchasers of New Homes Act, 2017

Real Estate and Business Brokers Act, 2002

Note: On December 1, 2023, the day named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by striking out “Real Estate and Business Brokers Act, 2002” and substituting “Trust in Real Estate Services Act, 2002”. (See: 2020, c. 1, s. 34)

Ticket Sales Act, 2017

Towing and Storage Safety and Enforcement Act, 2021

Travel Industry Act, 2002

Upholstered and Stuffed Articles Act

Vintners Quality Alliance Act, 1999

1999, c. 12, Sched. G, s. 11; 2002, c. 33, s. 143; 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; 2011, c. 1, Sched. 1, s. 5 (3, 4); 2013, c. 13, Sched. 1, s. 15; 2014, c. 9, Sched. 5, s. 5 (1, 2); 2015, c. 38, Sched. 9, s. 46 (3); 2015, c. 38, Sched. 13, s. 2 (1); 2015, c. 28, Sched. 2, s. 81; 2017, c. 33, Sched. 1, s. 89; 2017, c. 33, Sched. 3, s. 38; 2018, c. 12, Sched. 2, s. 54 (3); 2019, c. 14, Sched. 10, s. 9; 2019, c. 15, Sched. 22, s. 97 (2); 2020, c. 36, Sched. 12, s. 21; 2022, c. 2, Sched. 8, s. 1.

Certain appeals

(2) Subsections (3) to (5) apply to appeals of decisions made in respect of proceedings under the Cannabis Licence Act, 2018, the Gaming Control Act, 1992, the Horse Racing Licence Act, 2015, the Liquor Licence and Control Act, 2019 or the Vintners Quality Alliance Act, 1999. 2018, c. 12, Sched. 2, s. 54 (4); 2019, c. 15, Sched. 22, s. 97 (3).

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 under the Alcohol and Gaming Commission of Ontario Act, 2019 is a party to the appeal. 2018, c. 12, Sched. 2, s. 54 (4); 2019, c. 15, Sched. 1, s. 23 (3).

Right to be heard

(5) The Minister responsible for administration of the Act under which the decision that is the subject of the appeal was made is entitled to be heard, by counsel or otherwise, on the appeal. 2018, c. 12, Sched. 2, s. 54 (4).

Insurance Act appeals — question of law only

(6) An appeal from a decision of the Tribunal relating to a matter under the Insurance Act may be made on a question of law only. 2014, c. 9, Sched. 5, s. 5 (3).

Section Amendments with date in force (d/m/y)

2002, c. 30, Sched. E, s. 8 - no effect - see 2004, c. 19, s. 8 (3) - 30/06/2005; 2002, c. 33, s. 143 - 1/07/2012

2004, c. 19, s. 14 (1-4) - 30/07/2005; 2004, c. 19, s. 14 (5) - 1/01/2010; 2004, c. 19, s. 14 (6) - 31/06/2006; 2004, c. 19, s. 14 (7) - 1/07/2005

2005, c. 17, s. 49 - 31/08/2005; 2005, c. 28, Sched. L, s. 59 - 18/09/2006; 2005, c. 34, s. 55 - 23/08/2007

2006, c. 29, s. 63 - 1/07/2008

2008, c. 9, s. 80 - 1/04/2009

2011, c. 1, Sched. 1, s. 5 (3-5) - 1/07/2011

2013, c. 13, Sched. 1, s. 15 - 1/01/2015

2014, c. 9, Sched. 5, s. 5 (1-3) - 1/04/2016

2015, c. 28, Sched. 2, s. 81 - 01/11/2017; 2015, c. 38, Sched. 9, s. 46 (3-5) - 1/04/2016; 2015, c. 38, Sched. 13, s. 2 (1, 2) - 1/02/2016

2017, c. 5, Sched. 1, s. 79 - not in force; 2017, c. 33, Sched. 1, s. 89 - 01/02/2021; 2017, c. 33, Sched. 2, s. 78 - not in force; 2017, c. 33, Sched. 3, s. 38 - 01/07/2018

2018, c. 12, Sched. 2, s. 54 (3, 4) - 16/11/2018

2019, c. 7, Sched. 9, s. 52 - not in force; 2019, c. 14, Sched. 10, s. 9 - 10/12/2019; 2019, c. 15, Sched. 1, s. 23 (3) - 29/11/2021; 2019, c. 15, Sched. 22, s. 97 (2, 3) - 29/11/2021

2020, c. 1, s. 34 - 01/12/2023; 2020, c. 36, Sched. 12, s. 21 - 08/06/2021

2022, c. 2, Sched. 8, s. 1 - 01/07/2023

2023, c. 9, Sched. 29, s. 12 - 01/01/2024

Regulations

12 (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 matters under the Racing Commission Act, 2000, as a result of the coming into force of the Horse Racing Licence Act, 2015;

(c), (d) Repealed: 2015, c. 38, Sched. 9, s. 46 (6);

(e) governing transitional matters relating to disputes in respect of statutory accident benefits as defined in subsection 224 (1) of the Insurance Act as a result of the coming into force of section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014;

(f) Repealed: 2019, c. 15, Sched. 22, s. 97 (4).

2011, c. 1, Sched. 1, s. 5 (6); 2014, c. 9, Sched. 5, s. 6; 2015, c. 38, Sched. 9, s. 46 (6); 2015, c. 38, Sched. 13, s. 3; 2019, c. 15, Sched. 22, s. 97 (4).

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).

Section Amendments with date in force (d/m/y)

2011, c. 1, Sched. 1, s. 5 (6) - 1/07/2011

2014, c. 9, Sched. 5, s. 6 - 1/04/2016

2015, c. 38, Sched. 9, s. 46 (6) - 1/04/2016; 2015, c. 38, Sched. 13, s. 3 - 1/02/2016

2019, c. 15, Sched. 22, s. 97 (4) - 29/11/2021

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.

______________