Responsibility for the adjudication of alcohol and gaming matters under the Liquor Licence Act and the Gaming Control Act, 1992 rests with the Licence Appeal Tribunal (LAT), which is an agency of the Government of Ontario that adjudicates matters involving licensing activities regulated by various Ministries. LAT is not part of the AGCO.
If you have received one of the following documents, you have the right to a hearing/appeal before LAT.
- Notice of Proposed Order (NOPO); or
- Order of Monetary Penalty (OMP)
If the Registrar of Alcohol, Gaming and Racing (AGCO) is seeking to refuse, revoke, or suspend your licence/registration, or has issued an Order of Monetary Penalty that you wish to appeal, you must request a hearing before LAT within fifteen (15) days. For more information about requesting a hearing/appeal as well as any fees LAT may require, please visit the LAT website at www.lat.gov.on.ca.
Notice of Proposed Order (NOPO)
If the Registrar proposes to refuse, revoke or suspend a registration, the Registrar must serve a Notice of Proposed Order (NOPO) on the applicant/registrant, outlining the reasons for the proposed action.
Applicants/registrants who dispute a NOPO issued by the Registrar may appeal the proposal. If you receive a NOPO and wish to request a hearing, you have fifteen (15) days to submit a written request for a hearing to LAT (www.lat.gov.on.ca). If a written request is not received within fifteen (15) days, the Registrar will carry out the proposed action and/or a final Order will be issued.
In a situation where there are serious alleged violations, such that it is in the public interest to take immediate action, the Registrar may issue an immediate suspension of the registration. An immediate suspension takes effect immediately upon being served on the registrant. The registrant may appeal the immediate suspension to LAT. The immediate suspension remains in effect until LAT has issued its decision.
The Registrar´s Legal Counsel is available to address issues related to settlement, disclosure or narrowing the issues prior to the hearing/appeal. Please contact Registrar´s Legal Counsel, by phone at 416-326-5531, or by fax at 416-326-5574.
Order of Monetary Penalty
If the Registrar issues an Order of Monetary Penalty (OMP), the Registrar must serve the OMP on the licensee/registrant which includes the allegation(s) and details of the alleged infraction(s) in the Order. If you receive an OMP and wish to request an appeal, you have fifteen (15) days to submit a written request for an appeal to LAT (www.lat.gov.on.ca). If a written request is not received within fifteen (15) days, the OMP will be enforced as imposed by the Registrar. The OMP is a legal Order and non-payment may result in further action being taken against your registration.
The Registrar is always represented by experienced legal counsel, or occasionally by a student-at-law supervised by experienced Legal Counsel. The Registrar´s counsel can be contacted by phone at 416-326-5531 or by fax at 416-326-5574.
While you are not required to have a representative at the hearing/appeal, you should think carefully before deciding to represent yourself. A hearing/appeal is a quasi-judicial process very similar to appearing in a court. The Member(s) of the LAT hearing the case must remain neutral and cannot help you present your evidence or give you advice. You are expected to know and follow the LAT Rules of Practice. Ask yourself whether you will be comfortable enough with the process and issues in dispute to be a good advocate on your own behalf. If you do decide to represent yourself, consider consulting a representative before the hearing/appeal for advice on the strengths and weaknesses of your case and how to best present it to LAT.
If you do not have a representative, you can contact the Lawyer Referral Service (LRS) of the Law Society of Upper Canada at 416-947-3330 or 1-900-565-4577. LRS will provide the name of a lawyer in your area who will give you a free half hour consultation. A $6.00 fee for the referral is charged directly to your phone bill. LRS is not connected with Legal Aid Ontario. To find out whether you qualify for Legal Aid assistance, call 1-800-668-8258.
Responsibility for adjudication of alcohol and gaming matters before July 2011 resided with the AGCO Board of Directors. All final decisions of the Board of Directors of the AGCO can be found on QuickLaw-LexisNexis (subscription required). Final decisions of the Board of Directors of the AGCO since January 2007 can also be found on Can LII.
For cases that are before LAT, please visit the LAT website at www.lat.gov.on.ca.
Note: The Revised Rules of Practice (2008) that applied to hearings and appeals held before the Board of Directors of the AGCO prior to July 1, 2011, have been archived.