Fines and cancellation or suspension of licence or permit
124.2(1)Subject to subsections (1.1), (1.2), (2), (3) and (8), the Adjudicator may impose a fine in accordance with the regulations and may cancel or suspend a licence or permit issued under this Act for a period the Adjudicator considers proper where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that
(a)
the licensee or permittee has violated or failed to comply with a provision of this Act or the regulations or a condition attached to the licence or permit,
(b)
the licensee or permittee has violated or failed to comply with, in respect of the licensed premises, section 24 of the
Fire Prevention Act, insofar as it relates to overcrowding, or section 25 of that Act,
(c)
the licensee or permittee provided the Adjudicator with false or misleading information in a declaration or an affidavit or with other false or misleading documentation, information, description or plans, or
(d)
other grounds exist in this Act or the regulations for the fine, cancellation or suspension.
124.2(1.1)The Adjudicator may cancel a licence of a class referred to in subsection 72.1(1) or suspend the licence for a period the Adjudicator considers proper where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.1(1).
124.2(1.2)The Adjudicator may cancel a licence referred to in subsection 72.2(1) or suspend the licence for a period the Adjudicator considers appropriate where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.2(1).
124.2(2)Subject to subsection (8), if the Adjudicator is satisfied after holding a hearing in accordance with section 124.11 that a licensee or permittee or an agent or employee of a licensee or permittee has violated or failed to comply with section 134 or 139, the Adjudicator may impose a fine in accordance with the regulations and shall
(a)
cancel the licence or permit, or
(b)
suspend the licence or permit for a period the Adjudicator considers appropriate.
124.2(3)Subject to subsection (8), the Minister may, without a hearing,
(a)
cancel a licence referred to in paragraph 63(
b), (
b.1), (
c), (
d), (
g) or (
j) or issued under section 63.01 if the licensee is convicted of a breach of any provision referred to in paragraph 69(1)(
e),
(a.1)
cancel a UVin/UBrew licence if the UVin/UBrew licensee is convicted of a breach of any provision referred to in subsection 69(1.01), and
(b)
Repealed: 1996, c.33, s.4
(c)
cancel or suspend a licence or a permit, if satisfied that the licensee or permittee provided the Minister with false or misleading information in a declaration or affidavit or with other false or misleading documentation, information, descriptions or plans.
124.2(4)Subject to subsections (5) to (7), the Minister, the Adjudicator, an inspector or any person authorized by the Minister to act under this section may accept from a person alleged to have committed an offence under this Act or the regulations, payment of a fine established in accordance with the regulations.
124.2(5)Payment of a fine may not be accepted from a person under subsection (4) if the person has previously been convicted of more than two offences under this Act and the regulations.
124.2(6)The Minister, the Adjudicator, an inspector or any person authorized by the Minister to act under this section may, in his or her discretion, refuse to accept payment of a fine under subsection (4).
124.2(7)Payment of a fine may be accepted from a person under subsection (4) either before or after the commencement of a hearing under this Act but may not be accepted after a charge has been laid against the person in respect of the alleged offence.
124.2(8)If a person has made a payment of a fine under subsection (4) respecting an alleged offence, the Minister and the Adjudicator,
(a)
if the offence is a first offence, shall not commence or shall cease to conduct any investigation into or hearing in relation to the alleged offence, as the case may be, shall impose no other fine and shall not cancel or suspend the person’s licence or permit, and
(b)
if the offence is a second or third offence, may proceed with any investigation into or hearing in relation to the alleged offence, as the case may be, and may cancel or suspend the person’s licence or permit in accordance with this Act and the regulations but shall not impose any other fine.
124.2(9)A person who has paid a fine imposed under subsection (1) or (2) or has paid a fine under subsection (4) shall be deemed to have been convicted of the alleged offence respecting which the payment was made and the payment shall constitute a full satisfaction, release and discharge of all fines and imprisonments that could have been imposed if the person had been convicted in a court.
1992, c.90, s.82; 1993, c.67, s.14; 1994, c.35, s.2; 1996, c.33, s.4; 1999, c.30, s.9; 2005, c.9, s.2; 2008, c.57, s.10