Board Hearings and Procedures

The AGLC Board is responsible for conducting hearings and making decisions respecting licences, registrations and applications in accordance with Section 94(1) Gaming and Liquor Act.

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 Chairperson of the AGLC Board. If the Chairperson of the Board is not a member of the Hearing Panel, the Chairperson will designate one of the members of the Hearing Panel to preside over it.

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.

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 of 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:

• to confirm that the Notice of Hearing was received and that they have had an opportunity to review the hearing file; and
• 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 explain that:

• the Hearing Panel is an impartial panel of the Board of the AGLC that functions separately from the Regulatory Division of the AGLC;
• the only information the Hearing Panel has received in advance of the Hearing is the material contained in the Hearing file;
• the Hearing Panel is an administrative tribunal, not a court of law;
• an administrative tribunal is not bound by the formal rules of evidence and it is not the practice to swear witnesses; and
• the proceedings will be recorded.

The Hearing will proceed with:

• Regulatory Division presenting its case and any witnesses;
• the licensee, registrant or applicant being allowed to question Regulatory Division;
• the Hearing Panel being given the opportunity to ask questions;
• the licensee, registrant or applicant having an opportunity to present their case and any witnesses;
• cross-examination questions from Regulatory Division.
• the Hearing Panel then having the opportunity to ask questions;
• Regulatory Division being allowed a summation and to speak to penalty if the Hearing Panel finds a contravention; and
• the licensee, registrant or applicant being allowed a summation and the opportunity to speak to penalty if the Hearing Panel finds a contravention.

What happens now?

The Hearing Panel will adjourn to make a decision. Once the decision has been made:

• the Hearing Panel will ask for the disciplinary record of the licensee, registrant or applicant;
• the Hearing Panel will decide on penalty having reference to the disciplinary record;
• the decision will be written, signed by the Hearing Panel Chair, and delivered or couriered to the licensee, registrant or applicant in 2 to 3 weeks;
• the Regulatory Division will follow up to ensure the penalty, if one was imposed, is satisfied;
• the disciplinary record of the party will be updated; and
• the decision will be posted on the website.