Appeal of suspension or cancellation of licence - Sec 50

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Appeal of suspension or cancellation of licence - Sec 50

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Appeal of suspension or cancellation of licence, etc. - 50

(1) Every person aggrieved by a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2001, c. 9, Sched. O, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 17 and the following substituted:

Appeal

(1) Every person aggrieved by a decision of the Minister made under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2002, c. 18, Sched. P, s. 17.

See: 2002, c. 18, Sched. P, ss. 17, 46 (1).

Powers of Tribunal

(2) The Tribunal may confirm, modify or set aside the decision of the Minister or Registrar. R.S.O. 1990, c. H.8, s. 50 (2); 1999, c. 12, Sched. G, s. 24 (6).

Appeal to judge

(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice. 2001, c. 9, Sched. O, s. 6 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 17 and the following substituted:

Appeal to judge

(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice. 2002, c. 18, Sched. P, s. 17.

See: 2002, c. 18, Sched. P, ss. 17, 46 (1).

Appeal to Divisional Court

(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Registrar under section 17 or 47, other than a decision under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court. 2001, c. 9, Sched. O, s. 6 (2).

Decision not stayed

(3.2) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (3.1) does not stay the decision of the Tribunal being appealed, unless the Divisional Court orders a stay. 2001, c. 9, Sched. O, s. 6 (2).

Powers of judge

(4) The judge may confirm, modify or set aside the decision of the Tribunal. R.S.O. 1990, c. H.8, s. 50 (4); 1999, c. 12, Sched. G, s. 24 (8).

Application of s. 55

(5) Section 55 does not apply to the suspension or cancellation of a licence or permit under section 47. R.S.O. 1990, c. H.8, s. 50 (5).


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