Licence, certificate, etc., exercise of Registrar’s powers
28. (1)Where the Registrar proposes to suspend or cancel an operating licence, in whole or in part, to suspend, amend or cancel a certificate of intercorporate exemption or to cancel a bill of lading exemption, the Registrar shall serve notice of the proposal together with reasons therefor on the licensee or certificate holder. R.S.O. 1990, c. T.22, s. 28 (1). Definition (1.1)In this section, “Tribunal” means the Licence Appeal Tribunal. 1999, c. 12, Sched. G, s. 35 (3). Right to hearing (2)Every person who is served with a notice under subsection (1) and serves on the Registrar and the Tribunal, within fifteen days after that person receives service of the notice, a request for a hearing, is entitled to a hearing by the Tribunal in respect of the proposal. R.S.O. 1990, c. T.22, s. 28 (2); 1999, c. 12, Sched. G, s. 35 (4). Where no hearing requested (3)Where the Registrar does not receive a request for a hearing as provided in subsection (2), the Registrar may, on the expiration of the fifteen days referred to in subsection (2), carry out the proposal. Service (4)For the purpose of subsection (1), a notice that is mailed by prepaid post to the licensee or certificate holder at that person’s address last known to the Registrar shall be deemed to have been served on the third day after the day of mailing. R.S.O. 1990, c. T.22, s. 28 (3, 4). Extension of time (5)The Tribunal, on application by a licensee or certificate holder, as the case may be, may extend the time for requesting a hearing, either before or after expiration of the fifteen-day period, and may give such directions as it considers proper consequent upon the extension. R.S.O. 1990, c. T.22, s. 28 (5); 1999, c. 12, Sched. G, s. 35 (4). Parties (6)The Registrar, the licensee or certificate holder and such other persons as the Tribunal may specify are parties to every hearing under this section. R.S.O. 1990, c. T.22, s. 28 (6); 1999, c. 12, Sched. G, s. 35 (4). Efforts to comply (7)In a hearing held under this section, the Tribunal shall take into account, where appropriate, evidence as to the manner in which the licensee has carried on operations under the licence after receipt of notice of hearing and up to the hearing. R.S.O. 1990, c. T.22, s. 28 (7); 1999, c. 12, Sched. G, s. 35 (4). Opportunity to examine evidence (8)The Registrar shall give any party to a hearing an opportunity to examine, before the hearing, all documentary evidence that will be introduced and all reports, the contents of which, will be given in evidence at the hearing. R.S.O. 1990, c. T.22, s. 28 (8). Recommendations of Tribunal (9)The Tribunal shall, after a hearing under this section, make a report to the Registrar, setting out its findings of fact, conclusions of law and recommendations. R.S.O. 1990, c. T.22, s. 28 (9); 1999, c. 12, Sched. G, s. 35 (4). Decision subsequent to report (10)The Registrar, on receiving and considering a report made under this section, may carry out the proposal to which it relates, fully or in a modified manner and, where he or she does so, shall give written reasons for the decision to the licensee or holder or, where the Registrar decides not to carry out the proposal, he or she shall so advise the licensee or certificate holder. R.S.O. 1990, c. T.22, s. 28 (10).