Notice of intention to issue licence
7. (1)On being satisfied of the fitness of an applicant to hold a licence, the Registrar shall give thirty days notice of the intention to issue an operating licence to the applicant by publication in The Ontario Gazette. R.S.O. 1990, c. T.22, s. 7 (1). Notice of intention to refuse (2)Where the Registrar finds that an applicant is not fit to hold an operating licence, the Registrar shall give the applicant written notice thereof with reasons, and the applicant may, within thirty days after receiving the notice, appeal the decision to the Licence Appeal Tribunal as defined in the Highway Traffic Act. R.S.O. 1990, c. T.22, s. 7 (2); 1999, c. 12, Sched. G, s. 35 (1). Idem (3)After a hearing, the Licence Appeal Tribunal as defined in the Highway Traffic Act may amend or confirm the decision of the Registrar. R.S.O. 1990, c. T.22, s. 7 (3); 1999, c. 12, Sched. G, s. 35 (2). Hearing (4)Any person may, within the thirty-day period referred to in subsection (1), file with the Registrar a written request that, (a) where there is an allegation that false information was given to the Registrar by the applicant, the Registrar hold a hearing to determine the fitness of an applicant; or (b) the Board hold a hearing to conduct a public interest test, and file evidence of service of a copy of the request on the applicant. Idem (5)Where a request is made under clause (4) (a) that the Registrar, in his or her absolute discretion, does not consider merely frivolous or vexatious, the Registrar shall hold the hearing requested, which hearing shall be limited to the allegation that false information was given. Reassessing fitness (6)Where the Registrar finds, after a hearing under subsection (5), that false information was given, the Registrar shall reassess the question of the applicant’s fitness to hold a licence. Issue of licence (7)Where subsection (8) does not apply and no request is made under clause (4) (b), and the Registrar continues to be satisfied that the applicant is fit to hold the licence, the Registrar shall issue the licence applied for. At Minister’s direction (8)The Minister may direct the Board to hold a public interest test and, where the Minister so directs, the Board shall hold the hearing. Idem, by Board (9)Where a request is made under clause (4) (b), the Board shall, subject to section 9, hold the hearing requested. Determine fitness first (10)A hearing to conduct a public interest test shall not be held until a final determination has been made that the fitness of the applicant has been demonstrated. Exception (11)The requirement to hold a hearing to conduct a public interest test does not apply where the application is for an owner-driver authority or an operating authority to carry, (a) waste or scrap being 40 29 — miscellaneous waste or scrap; (b) farm products being 01 1 — field crops, 01 2 — fresh fruits or tree nuts, 01 3 — fresh vegetables, 01 91 — horticultural specialities and 01 99 — farm products, not elsewhere classified in STCC; (c) prepared feed being 20 421 — prepared feed, animal, fish or poultry, other than dog, cat or other pet food not elsewhere classified, except chopped, ground or pulverized hay, straw or related products, 20 423 — canned feed, animal, fish or poultry, other than dog, cat or other pet food; (d) peat being 14 917 — peat, natural, except ground or otherwise treated; (e) fresh fish being 09 1 — fresh fish or other marine products not processed; (f) buildings or structures being 24 33 — prefabricated wooden buildings or panels or sections; (g) newspapers and periodicals being 27 11 — newspapers and 27 211 — periodicals; (h) borate and potash being 14 713 — borate, potash or soda, crude except ground or otherwise treated; (i) ores and concentrates being 10 — metallic ores; or (j) petroleum crude being 13 111 — crude petroleum and 29 113 15 — distillate fuel oil. Idem (12)The requirement to hold a hearing to conduct a public interest test does not apply where the applicant holds an operating licence issued under the Public Commercial Vehicles Act, being chapter 407 of the Revised Statutes of Ontario, 1980, after the 20th day of June, 1983 and the authority applied for does not exceed that which would be contained in that licence if it had been issued pursuant to a rewritten certificate under section 10b of the Public Commercial Vehicles Act. Stay of licence (13)Where a request for a hearing is made in respect of an application, the operating authority applied for shall not be granted until the hearing is completed or there has been a final disposition of the rejection of the request. Application of cl. (4) (b) and subs. (8) (14)Clause (4) (b) and subsection (8) cease to apply on the 30th day of January, 1994. R.S.O. 1990, c. T.22, s. 7 (4-14).