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Permit refusal or cancellation Sect. 7.11
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PostPosted: Wed Feb 18, 2009 6:14 pm 
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Permit refusal or cancellation

7.11 (1) The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for,

(a) has been convicted of an offence under section 7.2, 7.3 or 7.10;

(b) has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or

(c) has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98.

Same

(2) The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for is related to,

(a) a person who has been convicted of an offence under section 7.2, 7.3 or 7.10;

(b) a person who has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or

(c) a person who has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98.

Interpretation

(3) An owner or lessee of a vehicle is related to a person for the purpose of subsection (2) if,

(a) the owner or lessee and the person are related individuals;

(b) either the owner or lessee or the person is a partner of the other or was a partner of the other or they have or have had partners in common;

(c) either the owner or lessee or the person, directly or indirectly, controls or controlled or manages or managed the other; or

(d) the owner or lessee and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders. 2002, c. 22, s. 98.

Modification of permit

(4) The Minister may, at the request of another member jurisdiction of the International Registration Plan and in accordance with the terms of the Plan, remove that jurisdiction from an IRP cab card issued under subsection 7 (7). 2002, c. 22, s. 98.

Notice

(5) The Minister shall give notice of the cancellation or modification of or refusal to issue an IRP cab card by delivering the notice personally on the IRP cab card holder or applicant or by mailing the notice to the person at the latest address of the person appearing on the records of the Ministry. 2002, c. 22, s. 98.

Same

(6) Notice sent by mail shall be deemed to have been received on the fifth day after it was mailed unless the person to whom the notice was mailed establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice. 2002, c. 22, s. 98.

Objection

(7) A person who has received notice that the Minister has cancelled an IRP cab card or refused to issue an IRP cab card may, within 30 days after receiving the notice, serve on the Minister a written objection in the form approved by the Minister. 2002, c. 22, s. 98.

Decision

(8) The Minister shall consider the written submissions and shall confirm, vary or set aside the decision objected to. 2002, c. 22, s. 98.

Decision final

(9) The Minister’s decision under subsection (8) is final and no further appeal or other review shall be available from it. 2002, c. 22, s. 98.

Extension of time

(10) The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time. 2002, c. 22, s. 98.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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