The mandate of the Licence Appeal Tribunal’s (the Tribunal for short) is to provide a fair, impartial and efficient means to appeal decisions concerning compensation claims and licensing activities regulated by several ministries of the provincial government, including child care licensing regulated by the Ministry of Education.

An applicant or licensee has a legal right to a hearing by the Tribunal when the applicant’s/licensee’s application for a licence or licence renewal is not approved or a licensee’s licence is revoked, suspended, the status of the licence is changed from regular to provisional or conditions imposed on the regular licence are not satisfactory to the licensee.

Cross-reference: Sections 23, 24, 25 and 37 of the Child Care and Early Years Act, 2014 set out the situations in which an applicant or licensee may appeal licensing decisions.

Notice of Proposal to Applicant or Licensee

A Ministry of Education director must notify an applicant or licensee in writing if the director proposes to:

  • refuse to issue a licence
  • refuse to renew a licence
  • revoke a licence
  • change the status of a licence to a provisional licence
  • impose conditions on a licence or
  • amend existing conditions on a licence

The director’s written notice will indicate that the applicant or licensee is entitled to a hearing if they are dissatisfied with the decision(s) of the ministry director, so long as written notice of the request for a hearing is sent to the director and the Tribunal within 15 calendar days.

A licensee can also appeal a protection order if written notice is sent to the director and the Tribunal within 15 days of receiving the protection order.

If an applicant or licensee has not requested a hearing within the 15 calendar day time limit, the Ministry director may proceed with his/her decision.

Procedure for Hearing

When a request for a hearing has been received, the Tribunal sets the time and location for the hearing.

The following are the possible results of an appeal to the Tribunal. The Tribunal may:

  • affirm the decision, order or proposal of the ministry director, which means it remains in effect
  • rescind the decision, order or proposal of the ministry director, which means it is no longer in effect or
  • substitute its own decision for the decision, order or proposal of the ministry director, and direct that the ministry director implement the decision of the Tribunal in accordance with the directions, if any, that the Tribunal considers appropriate

The Tribunal can affirm or cancel conditions on a licence or prescribe other conditions or provisions.

Continuation of Licence Pending Hearing

If a ministry director proposes to refuse to renew or to revoke a licence and the licensee makes a written request for a hearing to the director and the Tribunal, the term of the licence is automatically extended until the Tribunal reaches a decision.

If a ministry director notifies a licensee in writing of a change in the status or conditions of their licence, the change is effective immediately, even if the licensee makes a written request for a hearing to the director and the Tribunal.

If a director issues a protection order and suspends a licence, the order takes effect immediately, even if the licensee makes a written request for a hearing to the director and the Tribunal.

Important information: A licensee is not entitled to appeal conditions imposed on a provisional licence.