Hearings and Appeals under the Gaming Control Act, 1992
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 the Board of the Alcohol and Gaming Commission of Ontario (the Board).
If you received a NOPO or OMP and wish to request a hearing/appeal, you have fifteen (15) days from the date of receiving the NOPO or OMP to submit a written request for a hearing/appeal by mail or fax to the Alcohol and Gaming Commission of Ontario (AGCO).
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 to the Board. If you received a NOPO and wish to request a hearing, complete the Gaming and/or Lottery Hearing Request Form (NOPO) (available below in PDF format) and submit the request for a hearing by mail or fax to the AGCO. 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 to the registrant. The registrant may appeal the immediate suspension to the Board. The immediate suspension is valid until the Board has issued its decision.
The Registrar´s representative is available to address issues related to settlement, disclosure or narrowing the issues prior to the hearing/appeal. Please contact Registrar´s representative, by phone at 416-326-5531, by fax at 416-326-5574, or by email to legal@agco.on.ca
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. Registrants who dispute an OMP issued by the Registrar may appeal the Order to the Board of the Alcohol and Gaming Commission of Ontario (the Board). If you received an OMP and wish to request an appeal, complete the Filing an Appeal in the Matter of Gaming Control Act, 1992 (OMP) form (available below in PDF format) and submit the request for an appeal by mail or fax to the Alcohol and Gaming Commission of Ontario (AGCO). If the Form to File an Appeal of the Monetary Penalty 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 representative can be contacted by phone at 416-326-5531 or by fax at 416-326-5574 or email to legal@agco.on.ca
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 Board 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 Board´s
Revised 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 the Board.
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 provides 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.
Process
PDF Instructions
New and updated PDF forms on this site can be filled-in and saved locally to your PC. This updated feature preserves all of the information you have filled in, however, version 6.05 or later of Adobe Reader® is required.
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Guides
Forms
Important Application Reminders
Please read the "Instructions" portion of the application(s) for supporting document requirements.
For more information, please contact the Hearings Department at 416-326-0366.