jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definition
1. In this Regulation, “Tribunal” means the Licence Appeal Tribunal established by the Licence Appeal Tribunal Act, 1999. O. Reg. 281/02, s. 1. Decisions and Orders
General requirements
2. A decision by the Minister to amend, suspend, revoke or reinstate a consent under section 6 of the Act or an order made by the Minister under section 10 of the Act must be made in writing and must set out the reasons for the decision or order. O. Reg. 281/02, s. 2.
When decision or order effective
3. (1) A decision or order that may be appealed to the Tribunal comes into effect on the date specified in the decision or order or 15 days after the day on which the person who has the affected consent receives the decision or order, whichever is later. O. Reg. 281/02, s. 3 (1). (2) If a decision or order is appealed to the Tribunal or to the Divisional Court, the decision or order is stayed until the appeal is finally determined unless the Tribunal or Court, as the case may be, decides otherwise. O. Reg. 281/02, s. 3 (2).
Appeal of order
4. A person in respect of whom the Minister makes an order under section 10 of the Act may appeal the order to the Tribunal by filing a notice of appeal with the Tribunal within 15 days after the person receives the order. O. Reg. 281/02, s. 4. Amendment of a Consent
Amendment upon request
5. (1) Upon the written request of the person who has a consent, the Minister may amend the consent under clause 6 (1) (c) or (d) of the Act to authorize an existing program to be offered at one additional campus or premises specified in the amendment. O. Reg. 281/02, s. 5 (1). (2) Section 6 of this Regulation does not apply with respect to an amendment requested by the person who has the consent. O. Reg. 281/02, s. 5 (2).
Appeal if a request is refused
6. (1) A person whose request for an amendment under section 5 is refused in whole or in part may appeal the refusal to the Tribunal. O. Reg. 281/02, s. 6 (1). (2) A college of applied arts and technology is not entitled to appeal a refusal, in whole or in part, of a request to make an amendment. O. Reg. 281/02, s. 6 (2).
Proposal to amend a consent
7. (1) If the Minister proposes to amend a consent under clause 6 (1) (c) or (d) of the Act, the Minister shall give notice of the proposal, together with reasons, to the person who has the consent. O. Reg. 281/02, s. 7 (1). (2) The notice must be in writing and it must indicate that the person is entitled to make written representations about the proposed amendment within 30 days after the notice is given or within such longer period as the notice may specify. O. Reg. 281/02, s. 7 (2). (3) The Minister shall consider such representations as he or she received within the period specified in the notice. O. Reg. 281/02, s. 7 (3). (4) After the period for making representations has expired, the Minister may proceed with the amendment either as it was described in the proposal or with such changes as he or she considers appropriate; the Minister may also decide not to proceed further with the proposal. O. Reg. 281/02, s. 7 (4). (5) The Minister shall give notice of his or her decision concerning the proposal to the person who has the consent. O. Reg. 281/02, s. 7 (5).
Appeal of an amendment
8. (1) A person whose consent is amended under clause 6 (1) (c) or (d) of the Act may appeal the amendment to the Tribunal by filing a notice of appeal with the Tribunal within 15 days after the person receives the decision amending the consent. O. Reg. 281/02, s. 8 (1). (2) An amendment requested under section 5 of this Regulation cannot be appealed in whole or in part. O. Reg. 281/02, s. 8 (2). (3) A person cannot appeal an amendment if the person did not make written representations about the proposed amendment in accordance with section 7 of this Regulation. O. Reg. 281/02, s. 8 (3). (4) If the amendment made by the Minister is different from the proposed amendment, a person may appeal the amendment, despite subsection (3), even though the person did not make written representations about the proposed amendment. O. Reg. 281/02, s. 8 (4). (5) A college of applied arts and technology is not entitled to appeal an amendment in whole or in part. O. Reg. 281/02, s. 8 (5). Cancellation of a Consent
Cancellation upon request
9. (1) The Minister may cancel a consent under clause 6 (1) (a) of the Act upon the written request of the person who has the consent and may impose conditions with respect to the cancellation. O. Reg. 281/02, s. 9 (1). (2) The written request must be made in a form approved by the Minister. O. Reg. 281/02, s. 9 (2). Suspension of a Consent
Proposal to suspend a consent
10. (1) If the Minister proposes to suspend a consent under clause 6 (1) (a) of the Act, the Minister shall give notice of the proposal, together with reasons, to the person who has the consent. O. Reg. 281/02, s. 10 (1). (2) The notice must be in writing and it must indicate that the person is entitled to make written representations about the proposed suspension within 30 days after the notice is given or within such longer period as the notice may specify. O. Reg. 281/02, s. 10 (2). (3) The Minister shall consider such representations as he or she received within the period specified in the notice. O. Reg. 281/02, s. 10 (3). (4) After the period for making representations has expired, the Minister may proceed with the suspension either as it was described in the proposal or with such changes as he or she considers appropriate; the Minister may also decide not to proceed further with the proposal. O. Reg. 281/02, s. 10 (4). (5) The Minister shall give notice of his or her decision concerning the proposal to the person who has the consent. O. Reg. 281/02, s. 10 (5).
Immediate suspension
11. (1) Despite section 10 of this Regulation, the Minister may decide to suspend a consent under clause 6 (1) (a) of the Act without first making a proposal if, in his or her opinion, the suspension is necessary for the immediate protection of the interests of students. O. Reg. 281/02, s. 11 (1). (2) Without limiting the generality of subsection (1), the Minister may decide that a suspension is necessary for the immediate protection of the interests of students if the person with the consent does not maintain the security or the trust fund, if any, required by the consent for prepaid tuition fees. O. Reg. 281/02, s. 11 (2).
Appeal of a suspension
12. (1) A person whose consent is suspended under clause 6 (1) (a) of the Act may appeal the suspension to the Tribunal by filing a notice of appeal with the Tribunal within 15 days after the person receives the decision suspending the consent. O. Reg. 281/02, s. 12 (1). (2) A college of applied arts and technology is not entitled to appeal a suspension under clause 6 (1) (a) of the Act. O. Reg. 281/02, s. 12 (2). Revocation of a Consent
Proposal to revoke a consent
13. (1) If the Minister proposes to revoke a consent under clause 6 (1) (a) of the Act, the Minister shall give notice of the proposal, together with reasons, to the person who has the consent. O. Reg. 281/02, s. 13 (1). (2) The notice must be in writing and it must indicate that the person is entitled to make written representations about the proposed revocation within 30 days after the notice is given or within such longer period as the notice may specify. O. Reg. 281/02, s. 13 (2). (3) The Minister shall consider such representations as he or she received within the period specified in the notice. O. Reg. 281/02, s. 13 (3). (4) After the period for making representations has expired, the Minister may proceed with the revocation either as it was described in the proposal or with such changes as he or she considers appropriate; the Minister may also decide not to proceed further with the proposal. O. Reg. 281/02, s. 13 (4). (5) The Minister shall give notice of his or her decision concerning the proposal to the person who has the consent. O. Reg. 281/02, s. 13 (5).
Appeal of a revocation
14. (1) A person whose consent is revoked under clause 6 (1) (a) of the Act may appeal the revocation to the Tribunal by filing a notice of appeal with the Tribunal within 15 days after the person receives the decision revoking the consent. O. Reg. 281/02, s. 14 (1). (2) A college of applied arts and technology is not entitled to appeal a revocation under clause 6 (1) (a) of the Act. O. Reg. 281/02, s. 14 (2). Reinstatement of a Consent
Proposal to reinstate a consent
15. (1) If the Minister proposes to reinstate a consent under clause 6 (1) (b) of the Act, with or without conditions, the Minister shall give notice of the proposal, together with reasons, to the person who had the consent. O. Reg. 281/02, s. 15 (1). (2) The notice must be in writing and it must indicate that the person is entitled to make written representations about the proposed reinstatement within 30 days after the notice is given or within such longer period as the notice may specify. O. Reg. 281/02, s. 15 (2). (3) The Minister shall consider such representations as he or she received within the period specified in the notice. O. Reg. 281/02, s. 15 (3). (4) After the period for making representations has expired, the Minister may proceed with the reinstatement either as it was described in the proposal or with such changes as he or she considers appropriate; the Minister may also decide not to proceed further with the proposal. O. Reg. 281/02, s. 15 (4). (5) The Minister shall give notice of his or her decision concerning the proposal to the person who had the consent. O. Reg. 281/02, s. 15 (5).
Appeal of a reinstatement
16. (1) A person whose consent is reinstated under clause 6 (1) (b) of the Act with or without conditions may appeal the reinstatement or any condition of the reinstatement to the Tribunal by filing a notice of appeal with the Tribunal within 15 days after the person receives the decision reinstating the consent. O. Reg. 281/02, s. 16 (1). (2) A person cannot appeal the reinstatement or a condition if the person did not make written representations about the proposed reinstatement in accordance with section 15 of this Regulation. O. Reg. 281/02, s. 16 (2). (3) A college of applied arts and technology is not entitled to appeal a reinstatement. O. Reg. 281/02, s. 16 (3). Appeals
Powers of the Tribunal
17. (1) On an appeal, the Tribunal may make any order that the Tribunal considers appropriate and may substitute its opinion for that of the Minister. O. Reg. 281/02, s. 17 (1). (2) Without limiting the generality of subsection (1), the Tribunal may refer a matter back to the Minister for reconsideration. O. Reg. 281/02, s. 17 (2). (3) The Tribunal may attach such conditions to its order as it considers appropriate. O. Reg. 281/02, s. 17 (3).
Procedural matters
18. (1) The parties to an appeal to the Tribunal are the appellant and the Minister. O. Reg. 281/02, s. 18 (1). (2) The appellant has the onus of proving that the Minister’s decision or order is unreasonable. O. Reg. 281/02, s. 18 (2). (3) The oral evidence taken before the Tribunal must be recorded and, if so required, copies of a transcript of the oral evidence must be furnished upon the same terms as in the Superior Court of Justice. O. Reg. 281/02, s. 18 (3).
Appeal to court
19. An order of the Tribunal may be appealed to the Divisional Court. O. Reg. 281/02, s. 19. General
Notices
20. (1) Notices required by this Regulation may be given to a person by ordinary mail or by personal delivery or by fax to the person’s address as reflected in the records of the Ministry or, if the person is a corporation, to its head office in Ontario as reflected in the records of the Ministry. O. Reg. 281/02, s. 20 (1). (2) A notice sent by ordinary mail shall be deemed to have been received on the third day after the date on which it is mailed. O. Reg. 281/02, s. 20 (2).