Notice of proposal to suspend, etc., certificate
24. (1) Where the chief officer proposes to refuse to renew or proposes to suspend or cancel a certificate of qualification, he or she shall serve notice of its proposal, together with written reasons therefor, on the holder of the certificate. Hearing (2) A notice under subsection (1) shall inform the holder of the certificate that he or she is entitled to a hearing by a judge if the holder applies therefor to a judge of the Ontario Court (General Division) within fifteen days after the notice under subsection (1) is served on the holder, and he or she may so apply for such a hearing. Powers of chief officer where no hearing (3) Where a holder of a certificate does not apply to a judge for a hearing in accordance with subsection (2), the chief officer may carry out the proposal stated in his or her notice under subsection (1). Powers of chief officer where hearing (4) Where a holder of a certificate applies to a judge for a hearing in accordance with subsection (2), the judge shall appoint a time for and hold the hearing and, on the application of the chief officer at the hearing, may by order direct the chief officer to carry out his or her proposal or refrain from carrying out his or her proposal and to take such action as the judge considers the chief officer ought to take in accordance with this Act and the regulations, and for such purposes the judge may substitute his or her opinion for that of the chief officer. Service of notice by chief officer (5) The chief officer may serve notice under subsection (1) personally or by registered mail addressed to the holder of the certificate at his or her address last known to the chief officer 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 to whom he or she applies for a hearing that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control receive the notice or order until a later date. Extension of time for application (6) A judge to whom application is made by a holder of a certificate for a hearing under this section may extend the time for making the application, either before or after expiration of the time fixed therein, where the judge is satisfied that there are apparent grounds for granting relief to the holder of the certificate 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 of certificate pending renewal (7) Where, within the time prescribed therefor or, if no time is prescribed, prior to the expiry of his or her certificate, a holder of a certificate has applied for renewal of his or her certificate and paid the prescribed fee, the certificate shall be deemed to continue, (a) until the renewal is granted; or (b) where the holder is served with notice that the chief officer 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 his or her decision. R.S.O. 1990, c. O.42, s. 24.