49 (1) Where the Minister proposes to refuse to issue or renew a licence or proposes to suspend or revoke a licence, he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant or licensee.  R.S.O. 1990, c. O.18, s. 49 (1); 2002, c. 18, Sched. F, s. 2 (30). Notice requiring hearing (2) A notice under subsection (1) shall inform the applicant or licensee of the entitlement to a hearing by the Tribunal if the applicant or licensee mails or delivers to the Minister, within fifteen days after the notice under subsection (1) is served, notice in writing requiring a hearing, and the applicant or licensee may so require such a hearing.  R.S.O. 1990, c. O.18, s. 49 (2); 1993, c. 27, Sched.; 2021, c. 4, Sched. 6, s. 74 (1). Powers of Minister where no hearing (3) Where an applicant or licensee does not require a hearing by the Tribunal in accordance with subsection (2), the Minister may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. O.18, s. 49 (3); 2021, c. 4, Sched. 6, s. 74 (1). Referral to Tribunal (4) Where an applicant or licensee requires a hearing by the Tribunal in accordance with subsection (2), the Minister shall refer the matter to the Tribunal for a hearing and report.  R.S.O. 1990, c. O.18, s. 49 (4); 2021, c. 4, Sched. 6, s. 74 (1). Hearing (5) Pursuant to a reference by the Minister under this section, the Tribunal shall, as soon as is practicable, hold a hearing to determine whether the Minister should refuse to issue or renew a licence or should suspend or revoke a licence, as the case may be, and the Minister, the applicant or licensee and such other persons as the Tribunal may specify are parties to the hearing.  R.S.O. 1990, c. O.18, s. 49 (5); 2002, c. 18, Sched. F, s. 2 (31); 2021, c. 4, Sched. 6, s. 74 (1). (6) Repealed: 2021, c. 4, Sched. 6, s. 74 (7). (7) Repealed:  2005, c. 6, s. 36. Report (8) The Tribunal shall, within thirty days after the conclusion of a hearing under this section, make a report to the Minister setting out its findings of fact, its recommendations and any information or knowledge used by it in reaching its recommendations, and the Tribunal shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 49 (8); 2021, c. 4, Sched. 6, s. 74 (1). Failure to report (9) If the Tribunal fails to make a report within the time limited by subsection (8), such failure does not invalidate the procedure.  R.S.O. 1990, c. O.18, s. 49 (9); 2021, c. 4, Sched. 6, s. 74 (1). Decision of Minister (10) After considering the report under this section, the Minister without a further hearing shall carry out the proposal or refrain from carrying it out or take such action as he or she considers proper in accordance with this Part and the regulations, and the Minister’s decision is final.  R.S.O. 1990, c. O.18, s. 49 (10). Request for cancellation (11) Despite subsection (1), the Minister may cancel a licence if the licensee requests its cancellation in writing.  2002, c. 18, Sched. F, s. 2 (32). Withdrawal of hearing request (12) An applicant or licensee who has submitted a notice requiring a hearing under subsection (2) may withdraw the notice at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the notice of withdrawal, the Tribunal shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1) as if no notice had been submitted under subsection (2).  1996, c. 4, s. 60; 2021, c. 4, Sched. 6, s. 74 (1). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 4, s. 60 - 03/04/1996 2002, c. 18, Sched. F, s. 2 (30-32) - 26/11/2002 2005, c. 6, s. 36
- 28/04/2005 2021, c. 4, Sched. 6, s. 74 (1, 7) - 01/06/2021