Notice of proposal
23. (1) Where the Director proposes, (a) to refuse to grant or to renew a licence or registration; (b) to suspend or revoke a licence or registration; or (c) to limit a registration, under section 21 or 22, the Director shall serve notice of the proposal together with written reasons therefor, on the applicant, licence holder or registrant, as the case may be. Idem (2) A notice under subsection (1) shall inform the applicant, licence holder or registrant that the person is entitled to a hearing by a judge of the Ontario Court (General Division) if the person applies to a judge thereof within fifteen days after the notice under subsection (1) is served on the person and the person may require such a hearing. Power of Director where no hearing (3) Where an applicant, licence holder or registrant does not apply to a judge for a hearing in accordance with subsection (2), the Director may refuse to grant a licence or registration, or may carry out the proposal stated in the notice under subsection (1). Powers of judge where hearing (4) Upon the application of the Director at the hearing, the judge may by order require the Director to grant the licence or registration, or permit the Director to carry out his or her proposal, or direct that such action as the judge considers proper be taken by the Director in accordance with this Act and the regulations and for such purposes the judge may substitute his or her opinion for that of the Director. Service of notice (5) The Director may serve notice under subsection (1) personally or by registered mail addressed to the applicant, licence holder or registrant at the address last known to the Director and where notice is served by registered mail, the notice shall be deemed to have been served on the third day after the day of mailing unless the person to whom notice is being given establishes to the judge that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date. Extension of time for application (6) A judge to whom application is made by an applicant, licence holder or registrant for a hearing under this section may extend the time for making application, either before or after expiration of the time fixed therein, where he or she is satisfied that there are apparent grounds for granting relief to the applicant, licence holder or registrant pursuant to a hearing and that there are reasonable grounds for applying for the extension, and may give such directions as he or she considers proper consequent upon the extension. Continuation pending renewal (7) Where, within the time prescribed therefor, or if no time is prescribed, prior to the expiry of a licence or registration, a licence holder or registrant has applied for renewal of the licence or registration and paid the prescribed fee, the licence or registration shall be deemed to continue, (a) until the renewal is granted; or (b) where notice is served that the Director proposes to refuse to grant the renewal, until the time for applying for a hearing by a judge has expired and, where a hearing is applied for, until the judge has made a decision. R.S.O. 1990, c. E.8, s. 23.