Appeal from a Suspension of a licence under section 57 of the Highway Traffic Act, R.S.O. 1990, c. H. 8.
Between:
J. D.
Appellant
and
Registrar, Motor Vehicles
Respondent
DECISION AND ORDER
Adjudicator: Evelyn Spence, LL.B.
Appearances:
For the Appellant: J.D., Self-represented
For the Respondent: Kyle Biel, Agent
Heard By: Written Submissions
DECISION AND ORDER
Overview
1Pursuant to section 57 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”), the appellant’s driver’s licence was suspended after having had his licence suspended three times within a ten-year period, each for driving conduct related to drinking and driving.
2Under the Act’s Ontario Regulation 287/08 (the “Conduct Review Program regulation”), those three administrative suspensions led to a requirement that the appellant successfully complete a remedial measures conduct review program. The appellant failed to complete the program within the allotted 180-day period, and on November 22, 2018, he received a letter from the Ministry of Transportation informing him that his licence has been suspended pursuant to clause 5(2)(b) of the Conduct Review Program regulation, for “failure to complete the remedial measures program”.
3On December 4, 2018, the appellant filed an appeal to the Licence Appeal Tribunal (the “Tribunal”) in respect of the suspension.
4A case conference was held on January 24, 2019. At the case conference, the respondent brought a motion to dismiss the appeal without a hearing pursuant to Rule 3.4(b) of the Common Rules of Practice & Procedure of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission, Version I (effective October 2, 2017) (the “Rules”). Rule 3.4(b) provides that the Tribunal may dismiss an appeal without a hearing if the appeal relates to matters that are outside its jurisdiction.
5Rule 3.5 sets out the procedure for dismissing an appeal without a hearing. It requires that the Tribunal give notice to the parties of its intention to dismiss, provide the reasons for its intended decision to dismiss, and inform the parties of their right to make written submissions to the Tribunal within the time limits set out in the notice.
6Upon considering the parties’ submissions on the motion at the case conference, on January 31, 2019, the Tribunal issued a Notice of Intention to Dismiss on the grounds that the appellant’s appeal appeared to fall outside of the Tribunal’s jurisdiction.
7The parties were invited to make written submissions. The appellant’s submissions related largely to the circumstances surrounding the May, 2018 traffic stop and the impacts of his resulting suspension. He did not address the jurisdictional issue other than to assert that he believes the Tribunal has jurisdiction to hear his appeal.
8The respondent, on the other hand, submits that the suspension occurred under s. 57 of the Act, which does not give rise to a right of appeal. As such, the respondent argues that this appeal relates to matters outside of the Tribunal’s jurisdiction.
ISSUE AND RESULT
9The issue is whether an appeal of the decision to suspend the appellant’s licence due to his failure to complete the remedial measures program is within the Tribunal’s jurisdiction.
10Upon reviewing the statutory framework and considering the parties’ submissions, I find that the Tribunal lacks jurisdiction to consider this appeal.
LAW AND ANALYSIS
11The Tribunal has jurisdiction to hear appeals under section 50(1) of the Act. That section states that the Tribunal may entertain appeals from decisions of the Registrar under section 17 or 47 of the Act. Decisions made by the Minister of Transportation under section 32(5) are also appealable to the Tribunal, but only in cases where a right to appeal is set out in regulations made pursuant to section 32(14)(n) of