19 (1) If the Registrar proposes any of the following, the Registrar shall serve notice of the proposal, together with written reasons, on the applicant: 1.  A refusal to issue, or a suspension or revocation of, a licence under subsection 14 (2). 2.  A refusal to issue, or a suspension or revocation of, a certificate of authorization under subsection 15 (8). 3.  A refusal to issue, or a suspension or revocation of, a temporary licence, provisional licence or limited licence under subsection 18 (2). 2017, c. 34, Sched. 34, s. 7 (1). Exception (2) Subsection (1) does not apply in respect of a proposal to refuse to issue a licence, a temporary licence, a provisional licence or a limited licence where the applicant previously held a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence that was suspended or revoked as a result of a decision of the Discipline Committee.  2001, c. 9, Sched. B, s. 11 (23). Notice (3) A notice under subsection (1) shall state that the applicant is entitled to a hearing by the Registration Committee if the applicant delivers, within thirty days after the notice under subsection (1) is served on the applicant, notice in writing requiring a hearing by the Registration Committee and the applicant may so require such a hearing. R.S.O. 1990, c. P.28, s. 19 (3); 2023, c. 20, Sched. 15, s. 3. Power of Registrar where no hearing (4) Where the applicant does not require a hearing by the Registration Committee in accordance with subsection (3), the Registrar may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. P.28, s. 19 (4). Hearing (5) Within 30 days after receiving a notice under subsection (3) requiring a hearing, the Registration Committee shall schedule the hearing.  2010, c. 16, Sched. 2, s. 5 (35). Continuation on expiry of Committee membership (6) Where a proceeding is commenced before the Registration Committee and the term of office on the Council or on the Committee of a member sitting for the hearing expires or is terminated other than for cause before the proceeding is disposed of but after evidence is heard, the member shall be deemed to remain a member of the Registration Committee for the purpose of completing the disposition of the proceeding in the same manner as if the member’s term of office had not expired or been terminated.  R.S.O. 1990, c. P.28, s. 19 (6); 2010, c. 16, Sched. 2, s. 5 (36). Powers of Registration Committee, refusal to issue (7) Following a hearing under this section respecting a refusal to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, the Registration Committee shall make one of the following orders: 1.  If the Committee determines on reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity, the Committee shall direct the Registrar to issue the licence, certificate of authorization, temporary licence, provisional licence or limited licence to the applicant. 2.  If the Committee determines on reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations, the Committee shall, i.  direct the Registrar to refuse to issue the licence, certificate of authorization, temporary licence, provisional licence or limited licence, ii.  exempt the applicant from any of the requirements of this Act or the regulations and direct the Registrar to issue the licence, certificate of authorization, temporary licence, provisional licence or limited licence, if the Committee determines on reasonable grounds that the applicant will engage in the practice of professional engineering with competence and integrity, or iii.  direct the Registrar to issue the licence, certificate of authorization, temporary licence, provisional licence or limited licence subject to such terms, conditions or limitations as the Committee specifies, if the Committee determines on reasonable grounds that the terms, conditions or limitations are necessary in order to ensure that the applicant will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity. 2017, c. 34, Sched. 34, s. 7 (2). Powers of Registration Committee, suspension or revocation (7.1) Following a hearing under this section respecting a proposal to suspend or revoke a licence, certificate of authorization, temporary licence, provisional licence or limited licence, the Registration Committee shall make one of the following orders: 1.  If the Committee determines on reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity, the Committee shall direct the Registrar not to suspend or revoke the licence, certificate of authorization, temporary licence, provisional licence or limited licence. 2.  If the Committee determines on reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations, the Committee shall, i.  direct the Registrar to suspend or revoke, as the case may be, the licence, certificate of authorization, temporary licence, provisional licence or limited licence, ii.  exempt the applicant from any of the requirements of this Act or the regulations and direct the Registrar not to suspend or revoke the licence, certificate of authorization, temporary licence, provisional licence or limited licence, if the Committee determines on reasonable grounds that the applicant will engage in the practice of professional engineering with competence and integrity, or iii.  direct that the applicant’s licence, certificate of authorization, temporary licence, provisional licence or limited licence be made subject to such terms, conditions or limitations as the Committee specifies, if the Committee determines on reasonable grounds that the terms, conditions or limitations are necessary in order to ensure that the applicant will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity. 2017, c. 34, Sched. 34, s. 7 (2). Extension of time for requiring hearing (8) The Registration Committee may extend the time for the giving of notice requiring a hearing by an applicant under this section before or after the expiration of such time where it is satisfied that there are apparent grounds for granting relief to the applicant following upon a hearing and that there are reasonable grounds for applying for the extension, and the Registration Committee may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. P.28, s. 19 (8). Parties (9) The Registrar and the applicant who has required the hearing are parties to proceedings before the Registration Committee under this section.  R.S.O. 1990, c. P.28, s. 19 (9). Opportunity to show compliance (10) The applicant may show or achieve compliance with the requirements for the issuance of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, at any time before the hearing date.  2010, c. 16, Sched. 2, s. 5 (38). Examination of documentary evidence (11) A party to proceedings under this section shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. P.28, s. 19 (11). Members holding hearing not to have taken part in investigation, etc. (12) Members of the Registration Committee holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of a party except upon notice to and opportunity for all parties to participate, but the Registration Committee may seek legal advice from an adviser independent from the parties and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. P.28, s. 19 (12). Recording of evidence (13) The oral evidence taken before the Registration Committee at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. P.28, s. 19 (13); 2001, c. 9, Sched. B, s. 11 (66). Only members at hearing to participate in decision (14) No member of the Registration Committee shall participate in a decision of the Registration Committee following upon a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.  R.S.O. 1990, c. P.28, s. 19 (14). Release of documentary evidence (15) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Registration Committee within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. P.28, s. 19 (15). Applicant (16) In this section, “applicant” means the applicant for, or the holder of, a licence, temporary licence, provisional licence, limited licence or certificate of authorization, as the case may be. 2017, c. 34, Sched. 34, s. 7 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (22-26) - 28/02/2003;
2001, c. 9, Sched. B, s. 11 (66) - 29/06/2001 2010, c. 16, Sched. 2, s. 5 (35-38) - 25/10/2010 2017, c. 34, Sched. 34, s. 7 (1-3) - 14/12/2017 2023, c. 20, Sched. 15, s. 3 - 04/12/2023