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Gaming Hearings / Appeals

Hearings and Appeals under the Gaming Control Act, 1992

On July 1, 2011, pursuant to the Good Government Act, 2011, responsibility for the adjudication of gaming matters under the Gaming Control Act, 1992 was transferred from the Board of the Alcohol and Gaming Commission of Ontario (AGCO) to the Licence Appeal Tribunal (LAT). LAT is an adjudicative agency of the government of Ontario which adjudicates matters involving licensing activities regulated by various Ministries.

Individuals or businesses who are applying for registration, or who are registered under the Gaming Control Act, 1992, and who dispute a Notice of Proposed Order (NOPO) issued by the Registrar of Alcohol and Gaming (the Registrar) to refuse an application or to suspend or revoke a registration, or dispute an Order of Monetary Penalty (OMP) issued by the Registrar, may appeal the proposal or Order to LAT.

If you receive an NOPO or OMP and wish to request a hearing/appeal, you have fifteen (15) days to submit a written request for a hearing/appeal to LAT. 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/licensees who dispute an NOPO issued by the Registrar may appeal the proposal. If you receive an 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, 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 is valid 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 (OMP)

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) plus 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.

Legal Representation

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.

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