Registrar, Alcohol and Gaming Commission of Ontario v. Alexander Wayne Loving, 2011 CanLII 45122

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Gaming Control Act, 1992, as amended

B E T W E E N:

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

Alexander Wayne Loving Registrant

DECISION AND ORDER

Panel: Joan Lougheed, Board Member Alex McCauley, Board Member

Decision Date: May 31, 2011

Hearing Location: Brantford, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Rena Khan, Representative Alexander Wayne Loving, Registrant ) Edward Kiernan, Representative

Allegations

1. A hearing into a Notice of Proposed Order (“NOPO”) dated February 15, 2011 to refuse the registration of Alexander Wayne Loving (the “Applicant”), 267J Stanley Street, Brantford, Ontario, N3S 7K2, as a gaming assistant, in the class of gaming employee, file number 180060, on the basis that under section 11 of the Gaming Control Act, 1992 (the “GCA” or the “Act”), there are reasonable grounds to believe that the Registrant will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on May 3, 2011 in the City of Brantford.

Decision

2. Ms Khan, the Registrar’s Representative, and Mr. Kiernan, the Registrant’s Representative, submitted Terms of Registration (Exhibit #1) which form part of this decision. It was admitted that:

a) Alexander Wayne Loving has numerous convictions under the Criminal Code of Canada and the Highway Traffic Act.

3. The Board accepts the request to withdraw the Notice of Proposed Order to Refuse the Registration of Alexander Wayne Loving in the class of gaming employee under the Act pursuant to proposed Terms of Registration.

4. Alexander Wayne Loving has consented to the Terms of Registration, as identified in the Order.

Order

5. Therefore, having considered the Terms of Registration, the Board CONFIRMS the acceptance of the withdrawal of the NOPO dated February 15, 2011 issued to Alexander Wayne Loving, 267J Stanley Street, Brantford, Ontario, N3S 7K2, as a gaming assistant, in the class of gaming employee, file number 180060.

6. The Board ORDERS that the registration as a gaming assistant, in the class of gaming employee be subject to the following Terms of Registration:

7. Alexander Wayne Loving shall advise the Deputy Registrar, in writing, within five (5) days of any and all charges (including the issuance of any summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).

8. Alexander Wayne Loving shall advise the Deputy Registrar, in writing, within five (5) days of any and all incidents occurring at his place of employment that result in any disciplinary actions of any kind including verbal and/or written counselling, warnings, penalties or suspensions.

9. Further, the Board notes that failure to comply with the Terms of Registration or any infraction or contravention of the Gaming Control Act, 1992, may result in the immediate suspension, suspension and /or revocation of the registration of Alexander Wayne Loving, as a Gaming Assistant in the class of gaming employee. In the case of such an occurrence, the Registrar, in accordance with the provisions of the Act, will provide written notice to Alexander Wayne Loving, outlining the reason(s) to suspend and/or revoke the registration.

DATED AT TORONTO THIS 31st DAY OF MAY , 2011.

JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER

Attached

TERMS OF REGISTRATION

ALEXANDER WAYNE LOVING

FILE # 180060

WHEREAS: under subsection 7(1) of the Gaming Control Act, 1992, Statutes of Ontario 1992, chapter 24, as amended (the “Act”), a registration is subject to such terms to give effect to the purposes of the Act as the Registrar proposes and the applicant consents to, the Board of Alcohol and Gaming Commission of Ontario imposes or the Regulations prescribe;

AND WHEREAS subsection 6(2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 provides that the Registrar may appoint one or more Deputy Registars and may delegate powers to them;

AND WHEREAS the Registrar has so appointed a Deputy Registrar and delegated to the Deputy Registrar powers under the Act and Regulations;

AND WHEREAS Alexander Wayne Loving has applied for registration as a Gaming Assistant in the class of gaming employee under the Act;

AND WHEREAS on October 28, 2010 the Registrar issued a Notice of Proposed Order to Refuse Registration of Alexander Wayne Loving;

AND WHEREAS Alexander Wayne Loving has numerous convictions under the Criminal Code of Canada and the Highway Traffic Act;

AND WHEREAS the Deputy Registrar has proposed to withdraw the Notice of Proposed Order to Refuse Registration of Alexander Wayne Loving in the class of gaming employee under the Act pursuant to proposed Terms of Registration and Alexander Wayne Loving has agreed to consent to the Terms of Registration set out below;

NOW THEREFORE, the registration of Alexander Wayne Loving shall be subject to the following Terms, in addition to those Terms prescribed under Ontario Regulation 385/99:

1. Alexander Wayne Loving shall advise the Deputy Registrar, in writing, within five (5) days of any and all charges (including the issuance of any summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).

2. Alexander Wayne Loving shall advise the Deputy Registrar, in writing, within five (5) days of any and all incidents occurring at his place of employment that result in any disciplinary actions of any kind including verbal and/or written counselling, warnings, penalties or suspensions.

Alexander Wayne Loving hereby:

a) Consents to the Terms of Registration set out herein; and,

b) Acknowledges that he has had the opportunity to obtain independent legal advice with respect to the Terms of Registration.

c) Further acknowledges that if Alexander Wayne Loving fails to comply with the Terms of Registration set out herein and/or commits any infraction or contravention of the Gaming Control Act, 1992 it may result in the immediate suspension, suspension and/or revocation of his registration as a Gaming Assistant in the class of gaming employee. In such case, Alexander Wayne Loving will receive written notice from the Deputy Registrar, in accordance with the provisions of the Act, a Notice of Proposed Order outlining the Deputy Registrar’s reason(s) to suspend and/or revoke the registration.

_______________________________________ May 3/11

Alexander Wayne Loving DATE