Notice
15 (1) Where a medical officer of health makes an order under this Act requiring the suspension of a pupil or requiring that a pupil be excluded from a school due to an outbreak or an immediate risk of an outbreak of a designated disease, the medical officer of health shall serve upon a parent of the pupil or, where the pupil is sixteen or seventeen years of age, upon the pupil a notice of entitlement to a hearing.  R.S.O. 1990, c. I.1, s. 15 (1); 2021, c. 4, Sched. 11, s. 17 (1). Idem (2) A notice under subsection (1) shall inform the parent or pupil, as the case may be, that the parent or pupil is entitled to a hearing by the Board if the parent or pupil mails or delivers to the medical officer of health, to the Board and to the person who operates the school, within fifteen days after the notice is served on the parent or pupil, notice in writing requiring a hearing and the parent or pupil may so require such a hearing.  R.S.O. 1990, c. I.1, s. 15 (2); 2021, c. 4, Sched. 11, s. 17 (6). Opportunity to show compliance and to examine documents (3) Where a hearing by the Board is required in accordance with this section, the medical officer of health shall afford to the parent or pupil requiring the hearing a reasonable opportunity before the hearing, (a)  to show or to achieve compliance with all lawful requirements concerning the subject-matter of the hearing; and (b)  to examine 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. I.1, s. 15 (3); 2021, c. 4, Sched. 11, s. 17 (7). Powers of Board where hearing (4) Where a hearing is required in accordance with this section, the Board shall appoint a time and place for and hold the hearing and the Board by order may confirm, alter or rescind the decision or order of the medical officer of health and for such purposes the Board may substitute its finding for that of the medical officer of health.  R.S.O. 1990, c. I.1, s. 15 (4). Time for hearing (5) The Board shall hold a hearing under this section within fifteen days after receipt by the Board of the notice in writing requiring the hearing and the Board may, from time to time at the request or with the consent of the person requiring the hearing, extend the time for holding the hearing for such period or periods of time as the Board considers just.  R.S.O. 1990, c. I.1, s. 15 (5). Parties (6) The medical officer of health, the parent or pupil who has required the hearing and such other persons as the Board may specify are parties to the proceedings before the Board.  R.S.O. 1990, c. I.1, s. 15 (6); 2021, c. 4, Sched. 11, s. 17 (8). Effect of order (7) Despite the fact that a hearing is required in accordance with this section, an order under this Act by a medical officer of health takes effect when it is served on the person to whom it is directed.  R.S.O. 1990, c. I.1, s. 15 (7). Members holding hearing not to have taken part in investigation, etc. (8) Members of the Board 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 the party except upon notice to and opportunity for all parties to participate, but the Board 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. I.1, s. 15 (8). Recording of evidence (9) The oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies or a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. I.1, s. 15 (9); 2002, c. 18, Sched. I, s. 11 (2). Findings of fact (10) The findings of fact of the Board pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  R.S.O. 1990, c. I.1, s. 15 (10). (11) Repealed:  1998, c. 18, Sched. G, s. 59 (2). Release of documentary evidence (12) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the party by the Board within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. I.1, s. 15 (12). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 59 (2) - 01/02/1999 2002, c. 18, Sched. I, s. 11 (2) - 26/11/2002 2021, c. 4, Sched. 11, s. 17 (1, 6-8) - 19/04/2021