“Tribunal Hearings, General Parties Section 96”

96. (1) The Director, the applicant, licensee, registrant or proposed registrant who has required the hearing and the other persons that the Tribunal may specify are parties to proceedings before the Tribunal under this Act. R.S.O. 1990, c. H.8, s. 96 (1); 1999, c. 12, Sched. G, s. 24 (16).

(2) Notice of a hearing under section 94 or 95 shall afford the applicant, licensee, registrant or proposed registrant a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or for the registration or continuation of the registration, as the case may be. R.S.O. 1990, c. H.8, s. 96 (2).

Examination of documentary evidence

(3) Any party to proceedings under section 94 or 95 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. H.8, s. 96 (3).

(4) Members of the Tribunal holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or the partys representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent from the parties and in that case the nature of the advice should be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. H.8, s. 96 (4); 1999, c. 12, Sched. G, s. 24 (16).

(5) The oral evidence taken before the Tribunal at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Ontario Court (General Division). R.S.O. 1990, c. H.8, s. 96 (5); 1999, c. 12, Sched. G, s. 24 (16).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 16 (1) by striking out "Ontario Court (General Division)" at the end and substituting "Superior Court of Justice". See: 1999, c. 12, Sched. R, ss. 16 (1), 21.

(6) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. H.8, s. 96 (6); 1999, c. 12, Sched. G, s. 24 (16).

(7) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Tribunal shall be given unless all members so present participate in the decision. R.S.O. 1990, c. H.8, s. 96 (7); 1999, c. 12, Sched. G, s. 24 (16).

(8) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Tribunal within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. H.8, s. 96 (8); 1999, c. 12, Sched. G, s. 24 (16).

(9) Any party to the proceedings before the Tribunal may appeal from its decision or order to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. H.8, s. 96 (9); 1999, c. 12, Sched. G, s. 24 (16).

(10) Where any party appeals from a decision or order of the Tribunal, the Tribunal shall forthwith file in the Ontario Court (General Division) the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Tribunals record, shall constitute the record in the appeal. R.S.O. 1990, c. H.8, s. 96 (10); 1999, c. 12, Sched. G, s. 24 (17).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 16 (2) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice". See: 1999, c. 12, Sched. R, ss. 16 (2), 21.

(11) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. H.8, s. 96 (11).

Powers of court on appeal

(12) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Tribunal and may exercise all powers of the Tribunal to direct the Director to take any action which the Tribunal may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Tribunal, or the court may refer the matter back to the Tribunal for rehearing, in whole or in part, in accordance with the directions that the court considers proper. R.S.O. 1990, c. H.8, s. 96 (12); 1999, c. 12, Sched. G, s. 24 (18).