Suspension and revocation of approvals
11. (1) Subject to this section, any approval given under this Act may be suspended or revoked by the Minister if, (a) any director, officer or servant of the approved corporation has contravened or knowingly permitted any person under his or her control and direction to contravene any provision of this Act or the regulations and such contravention occurred through lack of competence or with intent to evade the requirements of such provision; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (20) and the following substituted: (a) any director, officer or servant of the approved corporation has contravened or knowingly permitted any person under his or her control and direction to contravene this Act, the regulations or the terms and conditions of funding imposed under subsection 9 (2) and the contravention occurred through lack of competence or with intent to evade those requirements; See: 2006, c. 4, ss. 43 (20), 55 (2). (b) the approval would be refused if application were being made for it in the first instance; or (c) in the case of an approved charitable home for the aged, (i) the approved corporation maintaining and operating the home has contravened this Act or the regulations, Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (i) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (21) and the following substituted: (i) the approved corporation maintaining and operating the home has contravened this Act, the regulations or the terms and conditions of funding imposed under subsection 9 (2), See: 2006, c. 4, ss. 43 (21), 55 (2). (ii) the approved corporation maintaining and operating the home has breached its service agreement with the Crown in right of Ontario relating to the home, or Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (ii) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (21) and the following substituted: (ii) the approved corporation maintaining and operating the home has breached the service accountability agreement relating to the home, or See: 2006, c. 4, ss. 43 (21), 55 (2). (iii) the approved corporation has ceased operating the home, at least six months have elapsed since the operation of the home ceased and the approved corporation is not taking reasonable steps to re-open the home. R.S.O. 1990, c. C.9, s. 11 (1); 1993, c. 2, s. 9. Hearing (2) Unless the approved corporation has consented to the suspension or revocation of the approval, the Minister, before suspending or revoking the approval, shall cause a hearing to be held to determine whether the approval should be suspended or revoked. 1994, c. 26, s. 70 (2). Person conducting hearing (2.1) The Minister shall appoint a person who is not an employee of the Minister’s ministry to conduct the hearing. 1994, c. 26, s. 70 (2). Procedure (3) Sections 4 to 16 and 21 to 24 of the Statutory Powers Procedure Act apply with respect to a hearing under this section. R.S.O. 1990, c. C.9, s. 11 (3). Report to Minister (4) The person conducting a hearing under this section shall, at the conclusion of the hearing, make a report to the Minister setting out his or her findings of fact and any information or knowledge used in making his or her recommendations, any conclusions of law he or she has arrived at relevant to the recommendations, and the recommendations as to the suspension or revocation of the approval, and shall send a copy of the report to the persons affected. R.S.O. 1990, c. C.9, s. 11 (4). Decision of Minister (5) After considering a report made to him or her under this section, the Minister may thereupon suspend or revoke the approval to which the report relates and shall give notice of his or her decision to the persons affected, specifying the reasons therefor. R.S.O. 1990, c. C.9, s. 11 (5). Provisional suspension of approval (6) Despite anything in this section, the Minister, by notice to the persons affected and without a hearing, may provisionally suspend an approval given under this Act where the continuation of operations in accordance with the approval is, in the Minister’s opinion, an immediate threat to the public interest and the Minister so states in such notice giving his or her reasons therefor, and thereafter the Minister shall cause a hearing to be held and the provisions of subsections (2) to (5) apply. R.S.O. 1990, c. C.9, s. 11 (6).