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

• Jurisdiction: Ontario

Licence Appeal Tribunal Act, 1999

S.O. 1999, CHAPTER 12
Schedule G

Consolidation Period: From July 1, 2023 to the e-Laws currency date.

Last amendment: 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...