11 (1) The Minister may refuse to designate a person under subsection 4 (1) or (1.3) or to issue a registration certificate or permit under this Act or the regulations if, (a)  the person has not paid all of the tax that the person is liable to pay under this Act; (a.1)  the person has not collected and remitted all of the tax that the person is required to collect and remit under this Act; (b)  the person, or any officer, director, shareholder, employee or partner of the person, (i)  has failed to pay a fine levied upon conviction under this Act, (ii)  has been convicted of an offence of fraud or tax evasion within the previous five years, or (iii)  held a registration certificate or permit issued under this Act or the regulations that was cancelled within the preceding five years; (b.1)  the person fails to satisfy the Minister of the person’s ability to comply with this Act and the regulations; (c)  the person fails to satisfy the Minister of the person’s ability to perform the conditions proposed by the Minister to be contained in the designation, registration or permit; or (d)  the person fails to provide security as demanded by the Minister under subsection 12 (2).  R.S.O. 1990, c. T.10, s. 11 (1); 2000, c. 42, s. 102; 2004, c. 7, s. 26 (1, 2); 2017, c. 34, Sched. 42, s. 3 (1). Suspension or cancellation of designation, etc. (2) The Minister may suspend or cancel a person’s designation under subsection 4 (1) or (1.3) or a registration certificate or permit issued to a person under this Act or the regulations if, (a)  the person has not paid all of the tax that the person is liable to pay under this Act; (b)  the person has not collected and remitted all of the tax that the person is required to collect and remit under this Act; (c)  the person, or any officer, director, shareholder, employee or partner of the person, (i)  has failed to pay a fine levied on conviction under this Act, (i.1)  has been convicted of an offence under this Act or an offence under federal or provincial legislation in relation to tobacco, or (ii)  has been convicted of an offence of fraud or tax evasion within the previous five years; (d)  the person contravenes or permits the contravention of this Act or the regulations or of any condition or restriction contained in the designation, registration certificate or permit; (e)  the person fails to provide security as demanded by the Minister under subsection 12 (2); or (f)  the person is a wholesaler who contravened section 20 by delivering a tobacco product or causing a tobacco product to be delivered to a place owned or occupied by a retail dealer and, at the time of the delivery, the place was the subject of a temporary prohibition under section 20 that had not expired or been cancelled.  2004, c. 7, s. 26 (3); 2007, c. 7, Sched. 40, s. 3; 2011, c. 15, s. 18; 2017, c. 34, Sched. 42, s. 3 (2). Hearing (3) Where the Minister proposes to take action under subsection (1), (2) or 8 (7), the Minister shall, before the refusal, suspension or cancellation is made, afford the person the opportunity to appear before the Minister to show cause why the designation, the registration certificate or the permit should not be refused, suspended or cancelled, as the case may be.  R.S.O. 1990, c. T.10, s. 11 (3). Suspension forthwith (4) Despite subsection (3), where a collector, a holder of a registration certificate or a holder of a permit under this Act or the regulations fails to deliver a return as required by this Act and the regulations or fails to remit the tax collectable and payable by the person, the Minister may, by notice in writing to the person stating the reasons therefor, suspend forthwith the designation, registration certificate or permit, but the person may, within 180 days of the service of the notice, request a hearing before the Minister on a day to be fixed not more than ten days from the date of the receipt of the request by the Minister, to determine whether the suspension may be rescinded and, if so, upon what conditions the suspension may be rescinded.  R.S.O. 1990, c. T.10, s. 11 (4); 2004, c. 7, s. 26 (4). Suspension (4.1) The Minister may immediately suspend a person’s registration certificate or permit issued to the person under this Act or the regulations if the Minister has reasonable grounds to believe that the person has not engaged, for a period of at least six consecutive months, in the activity for which the registration certificate or permit was issued. 2019, c. 15, Sched. 39, s. 2 (1). Same, notice (4.2) If a person’s registration certificate or permit is suspended under subsection (4.1), the Minister shall notify the person in writing of the suspension. 2019, c. 15, Sched. 39, s. 2 (1). Same, cancellation (4.3) A registration certificate or permit suspended under subsection (4.1) is cancelled on the day that is 180 days after service of the notice under subsection (4.2) unless the person requests a hearing before that day to show why the registration certificate or permit should not be cancelled. 2019, c. 15, Sched. 39, s. 2 (1). Service of notice (5) A notice under subsection (1), (2), (4) or (4.2) is properly served by personal service or by registered mail sent to the last known address of the person referred to in the subsection.  R.S.O. 1990, c. T.10, s. 11 (5); 2019, c. 15, Sched. 39, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 102 - 01/08/2001 2004, c. 7, s. 26 (1-4) - 17/06/2004 2007, c. 7, Sched. 40, s. 3 - 17/05/2007 2011, c. 15, s. 18 - 01/06/2011 2017, c. 34, Sched. 42, s. 3 (1, 2) - 14/12/2017 2019, c. 15, Sched. 39, s. 2 (1, 2) - 10/12/2019