Appeal of ninety-day suspension - 50.1

(1) A person whose driver’s licence is suspended under section 48.3 may appeal the suspension to the Tribunal. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Grounds for appeal

(2) The only grounds on which a person may appeal under subsection (1) and the only grounds on which the Tribunal may order that the suspension be set aside are,

(a) that the person whose licence was suspended is not the same individual to whom a demand for a sample of breath or blood was made, or from whom a sample of breath or blood was taken, as the case may be, under or pursuant to the provisions of the Criminal Code (Canada) referred to in subsection 48.3 (3); or

(b) that the person failed or refused to comply with a demand made under section 254 of the Criminal Code (Canada) to provide a sample of breath or blood because he or she was unable to do so for a medical reason. 1996, c. 20, s. 10; 1997, c. 12, s. 4; 1999, c. 12, Sched. G, s. 24 (8).

Supporting material

(3) A person who appeals to the Tribunal under subsection (1) shall file such written material in support of the appeal as may be required by the regulations made under clause 49 (4) (c), together with such other material as the person may wish to submit, and the Tribunal shall not hold a hearing until all the supporting material is filed. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Powers of Board

(4) The Tribunal may confirm the suspension or may order that the suspension be set aside. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Licence reinstated

(5) If the Tribunal orders that the suspension be set aside, it shall give written notice of the order to the appellant and the Registrar and, upon receipt of such notice, the Registrar shall reinstate the appellant’s driver’s licence, subject to any other suspension under this Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Decision final

(6) The decision of the Tribunal under this section is final and binding. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Suspension not stayed

(7) The suspension under section 48.3 continues to apply despite the filing of an appeal under this section unless the Registrar reinstates the licence pursuant to the Tribunal’s order that the suspension be set aside, and this subsection prevails over the Statutory Powers Procedure Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (9).

When oral hearing required

(8) The Tribunal is not required to hold an oral hearing under this section unless the appellant requests an oral hearing at the time of filing the appeal and bases the appeal on one of the grounds set out in subsection (2). 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

Exception

(9) Despite a request by the appellant for an oral hearing, the Tribunal may order that the suspension be set aside on the basis of the material filed with the Tribunal without holding an oral hearing. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

(10) Repealed: 1999, c. 12, Sched. G, s. 24 (11).