Refusal of accreditation of vehicle inspection centre
 5. (1) The Director shall refuse to accredit an applicant as a vehicle inspection centre if the applicant does not demonstrate the capacity to meet the obligations of the agreement referred to in subsection 100.2 (4) of the Act for the authorization of vehicle inspection centres. (2) There is no right to be heard before a decision to refuse an accreditation is made under subsection (1), to receive reasons for the refusal or to appeal the refusal. (3) The Director may refuse to accredit an applicant as a vehicle inspection centre if, (a)  the applicant has contravened any of the requirements of section 100.4 or subsection 100.5 (4) of the Act, this Regulation or any other regulation made under section 100.1 or 100.8 of the Act or of any directive made under section 100.7 of the Act; (b)  the applicant was refused a licence under the motor vehicle inspection station system or was licensed but had the licence revoked, unless a licence was subsequently issued to the applicant; (c)  the applicant was convicted of an offence under the motor vehicle inspection station system; (d)  the applicant was convicted of an offence under the Environmental Protection Act related to the testing of vehicles for emissions; (e)  the applicant was previously accredited as an Ontario Drive Clean testing facility or Emissions Test Facility and the accreditation was revoked; (f)  the applicant is not competent to perform the duties of a vehicle inspection centre; (g)  the applicant is not a fit and proper person to operate a vehicle inspection centre, having regard to the applicant’s character, integrity and past conduct; (h)  in the case of an applicant that is a corporation, any of clauses (a) to (g) apply to an owner, shareholder, officer, director or manager of the corporation; or (i)  any of clauses (a) to (g) apply to any person related to the applicant as described in subsection (4). (4) For the purpose of clause (3) (i), a person is related to an applicant in any of the following circumstances: 1.  The applicant and the person are individuals connected by blood relationship, marriage, common-law partnership, within the meaning of the Income Tax Act (Canada), or adoption. 2.  The applicant and the person are corporations and, i.  the applicant directly or indirectly controls or controlled the person, or ii.  the person directly or indirectly controls or controlled the applicant. 3.  Both the applicant and the person are corporations and are or were controlled, directly or indirectly, or managed by the same person or persons. 4.  The applicant and the person are corporations and they have or have had common officers or directors. 5.  The applicant and the person are partners or were partners. (5) Before making a decision under subsection (3), the Director shall notify the person of his or her proposed decision, together with a summary of the reasons for the proposed decision. (6) Within 30 days after being notified of the Director’s proposed decision, the person may make written submissions respecting the refusal. (7) The Director shall review and consider the written submissions before making a decision under subsection (3). (8) There is no right to appeal the Director’s decision under subsection (3).