Licence Appeal Tribunal Act, 1999

Bills that amended this Act0

No published amendment links yet for this Act.

Sections33

• 1Definition

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

• 1.
• 2Tribunal 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).

• 2.
• 3Duties 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).

• 3.
• 4Quorum

  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’…

• 4.
• 5No 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.

• 5.
• 5.1Hearings 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…

• 6.
• [s6]Hearings re liquor, cannabis or gaming
• 6Rules 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, Sch…

• 7.
• 7Extension 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.

• 8.
• 8Frivolous 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.

• 9.
• 10.
• 9Fees 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.

• 10Service 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

• 11.
• 11Appeal

  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 Combative Sports Act, 2019 Condominium Management Services Act, 2015 Consumer Protection Act, 2002 Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by striking out “Consumer Protection Act, 2002” and substituting “Consumer Protection Act, 2023”. (See: 2023, c. 23 Sched. 1, s. 114) 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 …

• 12.
• 12Regulations

  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, …

• 13.-36.
• 13-36

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

• 13.-36
• 37.
• 37

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

• 38.
• 38

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