23 (1) A director may propose to refuse to issue a licence if, in the director’s opinion, (a)  any of the following are not competent to operate a child care centre or home child care agency, as the case may be, in a responsible manner in accordance with this Act and the regulations: (i)  the applicant or any employee of the applicant, (ii)  if the applicant is a corporation, the officers, directors or employees of the corporation or any other person with a controlling interest in the corporation, and (iii)  if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers, directors or employees of that corporation; (b)  the past conduct of any person set out in clause (a) affords reasonable grounds to believe that the child care centre or home child care agency will not be operated in accordance with the law and with honesty and integrity; (c)  a building or other accommodation where the application indicates that child care will be provided would not comply with this Act and the regulations and any other applicable Act, regulation or municipal by-law; (d)  any person has made a false statement in the application for the licence, or the applicant or any person acting on behalf of the applicant has made a false statement in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the child care centre or home child care agency; (e)  a licence held by the applicant has been revoked or the renewal of such a licence has been refused and there has been no material change in the applicant’s circumstances; (f)  advice provided by a service system manager, First Nation or prescribed local authority under section 62 affords reasonable grounds to believe that the licence would authorize the provision of child care in a service area that is inconsistent with the service system manager’s, First Nation’s or prescribed local authority’s child care and early years programs and services plan with respect to, (i)  the demand for child care, and (ii)  the capacity and locations of existing child care centres and premises where home child care is provided; or (g)  the applicant failed to comply with the requirements prescribed by the regulations for the purposes of subsection 20 (2). 2014, c. 11, Sched. 1, s. 23 (1). Proposal to revoke or refuse to renew (2) A director may propose to revoke or refuse to renew a licence if, in the director’s opinion, (a)  any of the following persons have failed to comply with, or have knowingly permitted any person under the control of or direction of or associated with that person to fail to comply with, any provision of this Act or the regulations or of any other Act or regulation that applies to the child care centre or home child care agency, or any condition of the licence: (i)  the licensee or any employee of the licensee, (ii)  if the licensee is a corporation, the officers, directors or employees of the corporation or any other person with a controlling interest in the corporation, and (iii)  if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers, directors or employees of that corporation; (b)  the conduct of any person set out in clause (a) affords reasonable grounds to believe, (i)  that the person is not competent to operate a child care centre or home child care agency in a responsible manner in accordance with this Act and the regulations, (ii)  that the child care centre or home child care agency is not being or will not be operated in accordance with the law and with honesty and integrity, or (iii)  that the child care centre is being operated or will be operated, or the home child care is being provided or will be provided, in a manner that is prejudicial to the health, safety or welfare of the children for whom the care is provided; (c)  a building or other accommodation where the application indicates that child care is being or will be provided does not comply with this Act or the regulations or any other applicable Act, regulation or municipal by-law; (d)  any person has made a false statement in the application for the licence or renewal of the licence, or the licensee or any person acting on behalf of the licensee has made a false statement in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the child care centre or home child care agency; (e)  the licensee failed to comply with an order issued by a director or an inspector under Part V; (f)  the licensee failed to pay a penalty imposed by a notice of administrative penalty issued under section 39; or (g)  the licensee failed to comply with the requirements prescribed by the regulations for the purposes of subsection 20 (2). 2014, c. 11, Sched. 1, s. 23 (2). Notice of proposal to applicant or licensee (3) The director shall notify the applicant or licensee, as the case may be, in writing if the director proposes to, (a)  refuse to issue a licence; (b)  refuse to renew a licence; or (c)  revoke a licence. 2014, c. 11, Sched. 1, s. 23 (3). Contents of notice (4) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee, within 15 days after service of the notice, serves a written request for a hearing on the director and the Tribunal. 2014, c. 11, Sched. 1, s. 23 (4). Notice to parents, etc. (5) If a director proposes to refuse to renew a licence or revoke a licence, he or she, (a)  shall post a notice of the proposal, in a manner approved by the Minister, at the premises where the child care is provided under the authority of a licence; and (b)  may provide notice of the proposal to the parents of the children for whom the care is provided. 2014, c. 11, Sched. 1, s. 23 (5). Removal of posted notice (6) No person, other than a director or inspector, shall remove a notice posted under clause (5) (a) unless the person is authorized to do so by a director or inspector or the circumstances prescribed by the regulations exist. 2014, c. 11, Sched. 1, s. 23 (6). If no request for hearing (7) If the applicant or licensee does not request a hearing in accordance with subsection (4), the director may carry out the proposal. 2014, c. 11, Sched. 1, s. 23 (7). Hearing (8) If the applicant or licensee requests a hearing, the Tribunal shall appoint a time for and hold the hearing. 2014, c. 11, Sched. 1, s. 23 (8). Powers of Tribunal (9) After holding the hearing, the Tribunal may, (a)  by order, direct the director to carry out the proposal, with or without amendments, or substitute its opinion for that of the director; and (b)  by order, direct the director to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations. 2014, c. 11, Sched. 1, s. 23 (9). Application of Child, Youth and Family Services Act, 2017 (10) Sections 266 and 267 of Part IX of the Child, Youth and Family Services Act, 2017 apply with necessary modifications to proceedings before the Tribunal, its powers and appeals of its orders. 2017, c. 14, Sched. 4, s. 3 (2). Continuation of licence pending renewal (11) Subject to section 37, if a licensee has applied for the renewal of a licence in accordance with subsection 20 (1) before the licence has expired, or within such other time period prescribed by the regulations, the term of the licence is deemed to be extended, (a)  until the day the director grants the renewal; or (b)  if the director proposes to refuse to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes a decision. 2014, c. 11, Sched. 1, s. 23 (11). Appeals from orders of the Tribunal (12) If a licensee appeals an order of the Tribunal, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal. 2014, c. 11, Sched. 1, s. 23 (12). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 3 (2) - 30/04/2018