PART IV LICENCES
Appeal of ninety-day suspension
50.1 (1) A person whose driver’s licence is suspended under section 48.3 or 48.3.1 may appeal the suspension to the Tribunal.  1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8); 2015, c. 14, s. 16 (1). Grounds for appeal (2) The only grounds on which a person may appeal a suspension under section 48.3 or 48.3.1 and the only grounds on which the Tribunal may order that the suspension be set aside are, (a)  in the case of a suspension under section 48.3, (i)  that the person whose licence was suspended is not the same individual to whom a demand was made under section 320.28 of the Criminal Code (Canada), or (ii)  that the person failed or refused to comply with a demand made under section 320.27 or 320.28 of the Criminal Code (Canada) because he or she was unable to do so for a medical reason; (b)  in the case of a suspension under section 48.3.1, (i)  that the person whose licence was suspended is not the same individual who submitted to an evaluation under subsection 320.28 (2) of the Criminal Code (Canada), or (ii)  that the person’s ability to operate a motor vehicle or vessel was not impaired by a drug or by a combination of a drug and alcohol, and the person had a medical condition, at the time of the activity for which the suspension was imposed, that impaired his or her performance of the evaluation that was conducted under subsection 320.28 (2) of the Criminal Code (Canada). 2015, c. 14, s. 16 (2); 2019, c. 8, Sched. 1, s. 20; 2021, c. 26, Sched. 1, s. 5. Supporting material (3) A person who appeals to the Tribunal under subsection (1) shall file written material in support of the appeal, and the Tribunal shall not hold a hearing until all the supporting material is filed. 2015, c. 14, s. 16 (3). 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 or 48.3.1 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); 2015, c. 14, s. 16 (4). 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). Section Amendments with date in force (d/m/y) 1996, c. 20, s. 10 - 29/11/1996; 1997, c. 12, s. 4 - 01/08/1997; 1999, c. 12, Sched. G, s. 24 (8-11) - 01/04/2000 2009, c. 5, s. 21
- 01/07/2011 2015, c. 14, s. 16 (1-4) - 02/10/2016; 2015, c. 27, Sched. 7, s. 16 - 03/12/2015 2019, c. 8, Sched. 1, s. 20 (1-4) - 01/12/2020 2021, c. 26, Sched. 1, s. 5 - 03/06/2021