Board Hearings and Procedures

The AGLC Board is responsible for conducting hearings and making decisions respecting licences, registrations, and applications. Licensees, registrants, or applicants may choose to appeal a Board decision by requesting a Board Hearing.

What is a Hearing Panel?

A Hearing Panel consists of two or more AGLC Board members that have been appointed to the Panel by the Chairman of the AGLC Board. If the Chairman of the Board is not a member of the Hearing Panel, the Chairman must designate one of the members of the Hearing Panel to preside over it.

The Hearing Panel makes decisions with respect to licences, registrations, or applications and conducts any hearings. A Hearing Panel may exercise and perform all the powers and duties of the Board under the Gaming and Liquor Act or any other enactment with respect to the matter it is directed to deal with.

The Board of the AGLC consists of not more than seven members appointed by the Lieutenant Governor in Council for a term specified in their appointment. The Board has the powers, privileges and immunities of a commissioner under the Public Inquiries Act when conducting a hearing or inquiry.

Requesting a Hearing

A licensee, registrant, or applicant may apply to the Board for a hearing if:

• The applicant has been refused a liquor or gaming licence or registration
• They have allegedly contravened the Gaming and Liquor Act or the Gaming and Liquor Regulation, and have been offered a specified penalty of a suspension, cancellation, or penalty relating to an infraction of provincial laws, AGLC policies, or municipal bylaws
• A condition was imposed on their gaming or facility licence or liquor licence, or
• A condition was imposed on a liquor or gaming worker or supplier’s registration.

A request for a hearing must be received in writing within 30 days of receiving a notice concerning the matter. The request must fully describe the issue and the reasons for the request. The licensee, registrant or applicant has a right to be represented by a lawyer or other spokesperson. One will not be provided for the licensee, registrant or applicant.

A Hearing Panel of the Board must conduct the hearing within 60 days of receiving the request and give the licensee, registrant, or applicant the opportunity to make a presentation.

An applicant may, upon providing a written request to the Board Secretary, request an extension to the 60 days so that the hearing may be held outside of this period. If a postponement of a scheduled hearing is required, the Board Secretary should be contacted immediately. Postponements within 48 hours of the hearing date will only be granted in exceptional circumstances, and the Panel may require written justification.

Incidents or issues coming before a Hearing Panel will be judged on their own merit and independent of incidents or issues that were the subject of prior disciplinary action.

Board Hearing Procedures

At the start of the hearing, the Chair will outline the manner in which the hearing will be conducted. A licensee, registrant, or applicant will be asked:

1. To confirm that the Notice of Hearing was received and that they have had an opportunity to review the hearing file.
2. If there are any preliminary objections regarding the file or any other matter, without getting into the specifics of the case.

The Chair of the Hearing Panel will then explain that:

1. The Hearing Panel is an impartial panel of the Board of the AGLC. It functions separately from the Regulatory Division of the AGLC.
2. The only information the Hearing Panel has received in advance of the hearing is the material contained in the hearing file, which includes information regarding the reason for the hearing such as an incident report, the Hearing Notice, the licensee, registrant, or applicants request for a hearing, and any other relevant information. The information contained in the hearing file is also provided to the applicant. However, the applicant also receives a copy of the disciplinary record. The disciplinary record is not contained in the hearing file for the Hearing Panel as incidents or issues coming before a Hearing Panel are judged on their own merit and independent of incidents or issues that were the subject of prior disciplinary action.
3. The Hearing Panel is an administrative tribunal, not a court of law, and as such is not bound by formal rules of evidence; for example, it is not a normal practice to swear in witnesses.
4. The proceedings will be recorded.

A representative from the Regulatory Division of the AGLC will be asked to present the incident or outline the situation that led to the hearing.

Regulatory Division will call its witness(es).

1. The licensee, registrant, or applicant will be entitled to question the representative of the regulatory division or any witness(es).
2. Members of the Hearing Panel will be entitled to question the representative of the Regulatory Division or any witness(es).

Once the Regulatory Division has provided all of the information regarding the circumstance, the licensee, registrant, or applicant will be given an opportunity to present their case. Witnesses may be brought into the hearing room subject to the Panel Chair's discretion.

1. The licensee, registrant, or applicant will call its witness(es).
2. Regulatory Division will be entitled to question the licensee, registrant, or applicant and the witness(es).
3. Members of the Hearing Panel will be entitled to question the licensee, registrant, or applicant and the witness(es).
   

Once everyone has been given the opportunity to present their case, the Regulatory Division may present a summation of its case. After the Regulatory Division’s summation is complete, the licensee, registrant, or applicant may present a summation of their case.

What happens now?

• A Hearing Panel may adjourn for a brief period to consider the material presented and then reconvene to render a decision.
• The Hearing Panel will make a decision.
• The Hearing Panel will ask for a disciplinary record if a guilty decision is reached.
• The Hearing Panel will decide on the penalty if a guilty decision is reached.
• The decision will be communicated to the licensee, applicant, or registrant verbally OR the Panel may decide to provide a written decision within a certain time period following the hearing.
• The decision will be followed up in writing if a verbal decision is given.
• The Regulatory Division of the AGLC will follow up to ensure the penalty is paid, if one was issued.
• The licensees’ disciplinary record will be updated.
• A guilty decision will be posted on the website.

Further information on the hearing process can be obtained by calling the Board Secretary at (780) 447-8605, or by faxing your request to (780) 447-8916.