This guide provides a general overview of the hearing process under the Fish and Wildlife Conservation Act, 1997 (FWCA). Note: it should not be relied upon as an authoritative text or legal advice.

Fish and Wildlife Policy Branch, Policy Division
Ministry of Natural Resources and Forestry
2021

Background

The Fish and Wildlife Conservation Act, 1997 (FWCA) provides the Ministry of Natural Resources and Forestry (the Ministry) with the ability to issue licences and other authorizations under the FWCA and licences under the Ontario Fishery Regulations, 2007 (OFRs).

Licences and authorizations are issued under the FWCA and the OFRs for a variety of activities including recreational and commercial fishing, hunting, trapping, the provision of certain hunting services (e.g. bear hunting services), keeping wildlife in captivity, and aquaculture. In particular, the issuance of licences continues to be one of the most important resource management tools available to the Ministry to identify resource users, set sustainable harvest levels, allocate resources amongst different resource users and generally regulate the activities of resource users as required for the benefit of all Ontarians.

Licences may be issued subject to conditions with which licence holders are required to comply. Conditions placed on licences can include limitations on the type of fish or wildlife to be harvested, the time for when the licence is valid, the type of equipment or gear permitted to be used, or more generally regarding certain aspects of capturing/collecting, buying, culturing/propagating, selling, or transporting wildlife or fish in the Province.

Licences may also be refused or cancelled under certain circumstances. Licences may be refused for any reason consistent with the purpose of the FWCA, including for the conservation or management of wildlife or fish. Licences can only be cancelled if the cancellation is reasonably necessary for the conservation or management of wildlife or fish (NOTE: Recreational fishing licences and licences to hunt, to use or be accompanied by a dog while hunting, or to transport wildlife or fish cannot be cancelled under these provisions).

Where a licencefootnote 1 has been refused on the grounds that the refusal is reasonably necessary for conservation or management of wildlife or fish, or, in the case of a commercial fishing licence, for failure to pay royalties, the Ministry is required to provide the licence applicant or licence holder with notice of the refusal and inform them of their opportunity to request a hearing under the FWCA. Similarly, if the Ministry is proposing to cancel a licence, the holder would also be provided with notice, and opportunity to request a hearing. Where a commercial fishing licencefootnote 2 has been issued subject to conditions, and the licence holder disagrees with any of the conditions, licence holders may provide notice of disagreement, which could result in an opportunity to request a hearing under the FWCA.

The purpose of this guide is to help licence applicants and licence holders understand the process and procedures to request, and participate in, a hearing under the FWCA (where applicable).

For further questions regarding the hearing process under the FWCA, please contact the local lake unit or work centre office responsible for issuing licences under the FWCA.

Requesting a hearing

Who can request a hearing?

Any person (or corporation) who has:

  • received a notice that the Ministry is refusing to issue a licence on the grounds that the refusal is reasonably necessary for the conservation or management of wildlife or fish (section 72 of the FWCA)footnote 3
  • received notice that the Ministry is refusing to issue a commercial fishing licence because the licence holder is in default of the payment of royalties under the FWCA (section 73 of the FWCA)
  • been issued a commercial fishing licence subject to conditions but disagrees with the licence conditions (section 74 of the FWCA)
  • received notice that the Ministry is proposing to cancel an existing licence because the Ministry believes the cancellation is reasonably necessary for the conservation or management of wildlife or fish (section 75 of the FWCA)

How will I know if my licence is being refused or cancelled?

If the Ministry is refusing to issue a licence in the circumstances set out above, or is proposing to cancel a licence, the Ministry is required to serve you with a notice of the refusal or a notice proposing to cancel the licence, as appropriate (note: this does not apply if the Ministry is refusing to issue a recreational fishing licence or a licence to hunt, a licence to use or be accompanied by a dog while hunting or a licence to transport wildlife or fish).

The notice of refusal or notice of cancellation will identify the reasons for the refusal or proposed cancellation and will inform you of your right to request a hearing. Notices are delivered either in person or by mail to the applicant’s or licence holder’s last known address. Typically, the Ministry will send notices via registered mail, however if the notice is sent by regular mail, it is considered to have been received five days after it was mailed (unless you can show that by absence, accident, illness or other cause beyond your control, you did not receive the notice until a later date).

How can I request a hearing if my licence is refused or proposed to be cancelled?

To request a hearing, you must provide the Ministry with a written request (to be delivered either in-person or by mail) within 15 days of receiving a notice of refusal or Notice of Cancellation. For more information about requesting a hearing in the event of a refusal or proposed cancellation of a licence, please contact the lake unit or work centre office that is responsible for issuing the licence.

What if my commercial fishing licence was issued but it is subject to conditions that I disagree with?

If you have received a commercial fishing licence (including a commercial bait licence) and it is subject to conditions that you disagree with, you have 10 days after the issuance of the licence to give the Ministry written notice of your disagreement with the licence conditions.

It is recommended that in your written notice you specify which condition(s) you disagree with (such as lake or quota zone, quota, gear restrictions, operational timeframes, etc.).

What happens after I provide the Ministry with a Notice of Disagreement?

Once the Ministry has received a written notice of disagreement from you, the Manager that issued the commercial fishing licence may contact you to schedule a meeting to discuss your concerns. While this meeting is optional, you are encouraged to meet with Ministry staff to try to resolve any issues prior to a hearing being requested and scheduled. This could help to avoid the need for a hearing or scope the issues to be addressed at the hearing.

If you do not wish to attend a meeting with Ministry staff, or you attend a meeting, but the results of the meeting are not to your satisfaction, Ministry staff will proceed to issue a notice acknowledging receipt of your notice of disagreement. This notice of receipt (of disagreement with licence conditions) will be delivered either in person or to the address listed on the commercial fishing licence. Typically, the Ministry will send notices via registered mail, however, if the notice is sent by regular mail, it is considered to have been received five days after it was mailed (unless you can show that by absence, accident, illness or other cause beyond your control, you did not receive the notice until a later date).

If you do attend a meeting with Ministry staff and you are able to resolve all issues you had regarding your licence conditions to your satisfaction, Ministry staff will ask you to formally withdraw your written notice of disagreement by providing a statement of withdrawal to the Ministry in writing. This can be done either by mailing your written withdrawal to the Minister’s office or by providing your written withdrawal to the local lake unit or work centre that is responsible for issuing your licence.

What happens after I receive a notice of receipt?

If you have not withdrawn the written notice you provided to the Ministry regarding your disagreement with your commercial fishing licence conditions and the Ministry has issued a notice of receipt regarding your disagreement with your commercial fishing licence conditions, you may still request a hearing.

To request a hearing, you must provide the Ministry with a written request (to be delivered either in-person or by mail) within 15 days of receiving the notice of receipt.

For more information about requesting a hearing in the event of a disagreement with the conditions of your commercial fishing licence, please contact the office that is responsible for issuing the licence.

I am waiting for a hearing to be scheduled for conditions on a previous commercial fishing licence and have now received a new licence. How do I request a hearing on the new licence conditions if I still disagree?

All the same steps for requesting a hearing apply regarding your disagreement with the conditions placed on your new commercial fishing licence.

Can I continue to fish under my commercial fishing licence if I request a hearing on the conditions of the licence?

Yes, you can continue to fish under your commercial fishing licence, subject to the current issued licence conditions, while you are waiting to have your requested hearing on the licence conditions scheduled, held and the matter determined.

Scheduling a hearing

How does a hearing get scheduled?

The Ministry will designate a Hearings Administrator who is responsible for tasks related to administering the hearing, including managing logistics.

Following the Ministry’s receipt of a written request for a hearing in accordance with the timelines provided by the FWCA, the Minister will designate a hearing officer to hold the hearing.

There are no set timelines under the FWCA within which a hearing officer must be designated or within which a hearing must be scheduled. Hearings will be scheduled as quickly as possible, based on the availability of designated hearing officers and the parties to the hearing, as well as providing parties with a reasonable amount of time to prepare and submit evidence prior to a hearing. The Ministry will follow up with an acknowledgement of your request for a hearing, which will outline the anticipated next steps in the scheduling of a hearing (such as appointment of a hearing officer, identification of parties to the hearing, etc.).

What is a pre-hearing conference?

Once a hearing officer has been designated to oversee the hearing, they will hold a pre-hearing conference with all the parties to the hearing. The purpose of the pre-hearing conference is to discuss dates, times and locations for hearings, but also the hearing officer and parties need to discuss:

  • the type of hearing to be heldfootnote 4
  • in the case of a video or teleconference hearing:
    • any training needs on the technology, where appropriate
    • identification of any hardware, software, reliable wireless internetfootnote 5 or phone line or any other supporting technology that is required to hold an electronic hearing if not already available to the parties to the hearing at their residence or place of business
    • the format of documents and a timetable, procedure and technology for document exchange, including reasonable arrangements for electronic service and, where appropriate, the use of a common platform from which documents can be downloaded
    • a hearing protocol
  • issues to be heard
  • witnesses to the hearing, including any experts and the resulting procedural requirements
  • time required for both parties to gather and prepare evidence and witnesses
  • dates for the parties to provide the hearing officer and other parties to the hearing with documents relevant to the proceeding, witness lists, witness statements, resumes of any expert witnesses
  • approximate time that each party may need to present evidence at the hearing
  • the possibility of settlement or withdrawal of any or all issues
  • any other matters that may assist with the conduct of the hearing

For more information about the process for scheduling a hearing under the FWCA, please contact the local lake unit or work centre that is responsible for issuing licences under the FWCA.

Who are the hearing officers?

Hearing officers are individuals appointed by the Minister to oversee and administer hearings under the FWCA. Hearing officers are independent of the Ministry and have completed adjudication training by the Ontario Society for Adjudicators and Regulators.

It should be noted that hearing officers are not employees of the MNRF nor are they employees of any other ministry in the Ontario Government.

Who can be a party to a hearing?

The person who requested the hearing is a party to the hearing. The Minister of MNRF, as represented by Ministry staff involved in the licensing decision, is also entitled to participate in the hearing. Other person(s) who request to be added as party(ies) can be added by the hearing officer, and the hearing officer can provide for limits or terms based on which such additional parties may participate in the hearing. Things the hearing officer may consider before adding a party to the hearing include if the:

  • person’s interests may be directly and greatly affected by the hearing or its result
  • person has a genuine interest, public or private, in the subject matter of the appeal
  • person is likely to make a relevant contribution to the Tribunal’s understanding of the issues in the appeal

Generally, a party can be either one person (including a corporation) or a group of persons, however unincorporated associations are not typically given party status. Therefore, an individual who can bring forward the interests of an unincorporated association should seek status and written permission on behalf of the association before seeking to become a party to the hearing.

Where are hearings held?

Typically, oral or electronicfootnote 6 hearings are held publicly and will take place in neutral locations away from government offices (e.g. municipal office, library or private hall). Where possible, hearings will be held in the municipality or region of residence of the person requesting the hearing.

The availability of, and costs associated with, suitable hearing locations may also influence the location, date and time of a hearing. Where possible and reasonable, the wishes of the person requesting the hearing will be accommodated regarding the date and time of the hearing.

Attending a hearing

What is the role of a party in a hearing?

Subject to any limits placed on a party who has been added by a hearing officer, those who are identified by the hearing officer as parties to the hearing can:

  • give evidence at the hearing
  • be questioned by the hearing officer or by other parties to the hearing
  • call witnesses at the hearing
  • cross-examine witnesses called by other parties at the hearing
  • receive copies of all documents sent to the hearing officer by all the parties

Do I need a lawyer to attend a hearing?

You can represent yourself or you can seek legal representation. You are not required to have a lawyer to participate in the hearing.

Are hearings open to public?

Hearings under the FWCA are conducted in accordance with the rules and procedures provided for in the specified sections of the Statutory Powers Procedure Act (SPPA) that are referred to in the FWCA. This includes section 9 of the SPPA which requires that hearings be open to the public except where the hearing officer is of the opinion that:

  • matters involving public security may be disclosed
  • intimate financial or personal matters or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public

In these cases, the hearing officer may hold all or part of the hearing in the absence of the public.

If you are concerned about your hearing being open to the public, it is recommended that you or your representative discuss your concerns, and how they fit into the two factors set out above with the hearing officer prior to the hearing being scheduled.

Can a hearing be postponed or adjourned?

Once a date has been set for a hearing, the hearing will proceed on that date unless the hearing officer believes an adjournment is required to permit an adequate and fair hearing to be held.

If a party cannot attend the hearing (such as due to illness or injury), they may request an adjournment to change the date of the hearing. Such requests should be made in writing to the hearing officer and the hearings administrator, as soon as the party becomes aware of the need for an adjournment but ideally at least 5 days in advance of the scheduled hearing, in order to minimize any administrative expenses associated with rescheduling the hearing.

If a party has been notified of the time, date and place of the hearing and fails to attend without obtaining an adjournment, the hearing officer may proceed with the hearing in the absence of that party.

What if I change my mind and no longer want to have a hearing?

If at any time prior to the date scheduled for the hearing you no longer wish to have a hearing related to the refusal or proposed cancellation of your licence, or in relation to the conditions placed on your commercial fishing licence, you can simply withdraw your request for a hearing. The result of doing so is that the refusal, cancellation or condition(s) which was to be the subject of the hearing, will be maintained.

In order to withdraw your request for a hearing, the hearings administrator will require you to provide a written statement of withdrawal to the Minister. This can be done either by mailing your written withdrawal to the Minister’s office or by providing your written withdrawal to the hearings administrator or the office that is responsible for issuing your licence.

What’s the role of a hearing officer during a hearing?

The role of a hearing officer includes making administrative decisions regarding the scheduling and conduct of a hearing (such as parties to the hearing, evidence to be submitted at the hearing, etc.) as well as presiding over the hearing and hearing all the evidence presented.

Upon hearing all the evidence, a hearing officer will then provide the Minister with a report that includes a summary of all the evidence presented at the hearing as well as the hearing officer’s opinion on the merits of refusing or cancelling the licence or on the conditions imposed on the commercial fishing licence, having regard to what is reasonably necessary for the conservation and management of wildlife or fish. The hearing officer will also provide the reasons for his/her opinion for the Minister to consider.

What rules or procedures govern a hearing?

As noted above, hearings under the FWCA are conducted under the rules and procedures set out within certain sections of the SPPA, with necessary modifications (Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the SPPA). These provisions address procedural elements such as the requirements for notice, the right to representation, the examination of witnesses, evidence, adjournments, etc. In the case of a phone or electronic hearing, the Ministry will rely on guidance recently developed by the Ontario Court of Justice (see Appendix). This document also serves to set out procedures relating to hearings under the FWCA.

What language services are available for a hearing?

Those who require the hearing to be translated into French should write to the hearings administrator at least 30 days before the scheduled date of the hearing to make their request.

Requests for any other language will be considered on a case by case basis.

What if I have a disability and require accommodation under the Human Rights Code?

Parties (and their representatives) to a hearing are entitled to reasonable accommodation for needs related to the Human Rights Code, such as a disability.

If you have specific needs related to disability, mobility, language or other factors that may affect the conduct of the hearing, it is important to advise the hearing officer and the hearings administrator as soon as possible.

How do parties participate in an electronic hearing?

In the event that an electronic hearing is selected as the type of hearing, the Ministry will rely on guidance recently developed by the Ontario Court of Justice. The Ministry will use and share these documents with parties to the FWCA hearing as a guide for connecting to an electronic hearing (PDF).

After a hearing

When will the hearing officer submit the report to the Minister?

It should be noted that there are no timelines under the FWCA within which the hearing officer must submit the report to the Minister. However, hearing officers aim to complete and submit their report for the Minister in a timely manner.

After receiving the hearing officer’s report, the Minister will consider the report and decide an outcome of the hearing.

What types of decisions can the Minister make?

After considering the hearing officer’s report, including the hearing officer’s opinion on the merits of refusing or canceling the licence or regarding the conditions imposed on a licence, the Minister may:

  • confirm the refusal to issue the licence or decide to issue the licence
  • confirm the conditions imposed on the licence or decide to remove or amend the conditions
  • carry out or refrain from carrying out the proposal to cancel the licence

Will I be provided with a copy of the hearing officer’s report?

After receiving notice of the Minister’s decision, parties to the hearing may request a copy of the hearing officer’s report from the hearing’s administrator.

Can the Minister’s decision (after a hearing) be appealed?

There are no mechanisms under the FWCA to appeal the Minister’s decision after a hearing has been held.

Appendix 1

Principles guiding teleconference or video conference hearings

  • Remote hearings require civility, professionalism, cooperation, communication and collaboration between parties, both before and during the hearing.
  • You should be willing to adapt and cooperate in good faith in the preparation and conduct of remote hearings to achieve the just, fastest and least costly resolution of proceedings.
  • You must be flexible regarding technical difficulties or other challenges that other participants may experience. This is particularly important during the COVID‑19 pandemic as participants will generally be working from home, which may result in challenges, including technology issues and child and elder care in close quarters.
  • You should not take unfair advantage of the fact that the hearing is held remotely, including not taking advantage of, or acting upon, slips, irregularities, technical issues or mistakes.
  • The hearing officer has the discretion to determine the accommodations to be granted that do not affect the merits of the case or prejudice the party’s rights.

General guidelines for teleconference or videoconference hearings

To ensure participation in remote hearings is as effective as possible, participants should follow these rules:

  1. Become familiar with the technology used for remote hearings. Parties to a hearing should understand how it works, and, where practicable, have the necessary hardware and software to participate meaningfully.
  2. No recording/photographs/live streaming by the parties and their legal representatives or witnesses.
  3. Find a suitable location. Please make reasonable efforts to find a quiet, private space in your place of business or residence. If you are participating by video conference, please ensure your background is appropriate and does not display anything private or that may be considered offensive to other participants. Do not join a teleconference hearing while in a moving vehicle. If there is not a suitable location in your place of business or residency, notify the hearing officer, and arrangements will be made, where possible.
  4. Minimize disruptions. To minimize disruptions and to improve connection speed if you are joining a hearing by a smartphone or computer device, close unnecessary apps and windows on your device, especially video streaming. Turn off other devices in your vicinity and turn off notifications and alarms on the device you are using for the remote hearing.
  5. Check your bandwidth before video hearings. If the hearing is a video hearing, make sure you have sufficient bandwidth (minimum 1 Mbps; for best connection, you need 3 Mbps). You can test your connection speed at the following link: https://www.speedtest.net/.If you have low bandwidth, it is best to connect to internet via ethernet cable and not on wireless internet, if at all possible. Be prepared to raise any potential concerns regarding your bandwidth or internet reliability or phone line or other technological challenges at the pre-hearing conference so that necessary arrangements can be made where possible. The hearing officer will do their best to address these challenges or make alternative arrangements.
  6. Join early. Please be prepared to join the hearing at least fifteen minutes before your scheduled appearance time. You should allow yourself time to address any technical problems before the hearing commences.
  7. The instructions in the Best practices for remote hearings (PDF) explain how you can test things out before the hearing. If you need technical support, please contact your assigned Hearing Officer.
  8. Charge your device. Make sure your phone or device is charged or connected to power so it does not run out of battery during the hearing; video calls can use up battery quickly.
  9. Joining a hearing by phone. A land line is better than a cell phone. If you do not have a land line, then try to ensure that you have good quality reception for a phone hearing. Concerns with your phone line should be raised during your pre-conference hearing and the hearing officer will address these challenges or make alternative arrangements. If you live somewhere with poor phone signal but have wireless internet, check if you can switch your phone to ‘wireless internet calling’ so you can connect by phone through your wireless internet.
  10. Dress appropriately. If you are appearing by videoconferencing, please wear clothing appropriate for the formal court environment. Do not wear any clothing with inappropriate images or language.
  11. Identify yourself. If you connect with videoconferencing, your screen name should be your given name and surname. All participants on the call, including the presiding judicial official, can see your screen name. If you connect by audio to a videoconference, only your phone number will appear.
  12. Mute your microphone. This will minimize background noise. If you are using a computer, close all other applications (such as social media) so you are not distracted or interrupted during the proceeding. This will also improve the quality of the video connection.
  13. Identify yourself when speaking. It is important that the parties and hearing officer knows the identity of all participants. State your name before you speak. Please speak clearly and slowly. Remember to unmute before speaking.
  14. Wait your turn to speak. It is important that everyone takes turns speaking. The hearing officer will require that two people do not talk at the same time or interrupt one another.
  15. No food or drink. Please do not eat or drink anything but water during the proceeding.
  16. Papers and documents. Have the most important documents related to your case with you so that if somebody refers to a page or document you know what they are talking about. If you wish to refer to documents during the hearing, make sure you have them with you for the hearing.
  17. Translation services. If you require an interpreter, please notify the hearing officer during the pre-hearing conference.
  18. Technical difficulties during the hearing. If you are struggling to see, hear or follow the hearing, you should let the hearing officer know at the time. If you are participating by videoconferencing, you can do this by speaking, putting your hand up, or pressing a button to raise a ‘virtual’ hand.
  19. Getting disconnected from the hearing. If you lose the connection to the hearing, you should immediately try to rejoin the hearing. Keep the joining instructions (meeting information and passcodes) nearby so that you know where to find them if you are disconnected.

Procedures for remote hearings:

FWCA hearings will follow procedures outlined in the Best Practices for Remote Hearings (PDF), prepared by the joint E-hearings Task Force for the Advocates’ Society, the Ontario Bar Association, the federation of Ontario Law Associations and the Ontario Trial Lawyer Association dated May 13, 2020. Parties to a hearing should become familiar with this document.