Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a decision of the Registrar of Motor Vehicles to suspend a licence pursuant to Section 47(1) of the Act.
Between:
F.R.
Appellant
-and-
Registrar of Motor Vehicles
Respondent
DECISION
Panel: Erica Weinberg, M.D. Member
Appearances:
For the Appellant: F.R., Self-represented
For the Respondent: Kyle Biel, Agent
Heard by Teleconference: June 11, 2019
A. OVERVIEW
1The appellant’s driver’s licence was suspended September 3, 2018 under section 47(1) of the Highway Traffic Act (the “HTA”). Section 47(1) of the HTA describes the Registrar of Motor Vehicle’s (the “Registrar’s”) ability to suspend a driver’s licence should the Registrar have reasons to believe that a driver may pose a risk to public safety. On or after August 21, 2018 the Registrar received an unsolicited Medical Condition Report regarding the appellant from a consultant medical specialist, Dr. N. Section 203(1) of the HTA states that every prescribed person shall report to the Registrar every person who is at least 16 years old who, in the opinion of the prescribed person, has or appears to have a prescribed medical condition, functional impairment or visual impairment. The condition reported by Dr. N. falls under section 203(1) of the HTA. Section 14 Ontario Regulation 340/94 of the HTA states:
14.(1) An applicant for or a holder of a driver’s licence must not,
(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; or
(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely. O. Reg 453/10, s. 1.
2On November 9, 2018 the appellant’s driver’s licence was reinstated. This occurred following the receipt and review of documents forwarded to the Registrar by the appellant’s primary care health team.
3On April 29, 2019, more than five months after the appellant’s driver’s licence was reinstated, the appellant filed an appeal to the Tribunal, appealing the September 3, 2018 suspension of his driver’s licence.
4A case conference was held on June 11, 2019.
5The Tribunal sent the parties a Notice of Intent to Dismiss dated June 17, 2019, informing the parties that the Tribunal intends to dismiss the appeal without a hearing pursuant to s. 4.6 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22 and Rule 3.4-3.5 of the Tribunal’s Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017), as the proceeding relates to matters outside the Tribunal’s jurisdiction.
6The parties were invited to make written submissions to the Tribunal on whether the Tribunal has jurisdiction to hear the appeal.
7Submissions were received by both parties by the dates specified in the Tribunal’s Notice of Intent to Dismiss.
8This decision is in addition to the Case Conference Report and Notice of Intent to Dismiss order issued June 17, 2019.
B. JURISDICTION OF THE TRIBUNAL
9Jurisdiction generally refers to the legal authority or power to decide an issue.1
10The jurisdiction of the Tribunal is found in section 50 of the HTA, R.S.O. 1990 c. H.8:
Appeal
50(1) Every person aggrieved by a decision of the Minister made under subsection 32(5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14)(n) or a decision or order of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.
Powers of Tribunal
50(2) The Tribunal may confirm, modify or set aside the decision or order of the Minister or Registrar.
C. ISSUES, ANALYSIS AND RESULTS
Does the Tribunal have jurisdiction to hear an appeal of a driver’s licence suspension more than five months after the suspension ended and/or to instruct the Registrar of Motor Vehicles to purge a suspension entry from the appellant’s driving record?
11For the reasons that follow, I find that the Tribunal does not have jurisdiction to hear this appeal or to instruct the Registrar with regards to the keeping of records.
12The appellant submits that the role of the Tribunal is to hear matters that relate to driver’s licence suspensions and adjudicate them.
13The appellant’s driver’s licence was suspended by the Registrar under section 47(1) of the HTA effective September 3, 2018.
14As per section 50 of the HTA, a suspension under section 47(1) of the HTA can give rise to a right of appeal.
15The facts of this case, including the appellant’s certified driver’s licence submitted by the respondent with search date May 1, 2019, show that the appellant’s driver’s licence suspension was lifted on November 9, 2018. These facts are not in dispute by either party.
16Although the appellant claims that he was in contact with the Ministry of Transportation while his driver’s licence was suspended, he did not file an appeal to the Tribunal during the suspension.
17The appellant’s notice of appeal was filed with the Tribunal on April 29, 2019, some five months after his suspension ended.
18The respondent submits that the Registrar’s suspension commenced and ended well in advance of the filing of the appeal. Furthermore, the respondent submits that there is no right to appeal a suspension that occurred in the past, just as the Registrar cannot impose a retroactive suspension on a driver.
19In considering whether or not the Tribunal has jurisdiction in this matter, one needs to look at the intent under section 50(2) of the HTA which sets out the powers of the Tribunal (paragraph 10).
20The Tribunal only has jurisdiction to exercise its powers under section 50(2) of the HTA to confirm, modify or set aside the decision or order of the Minister or Registrar. On April 29, 2019, the date on which the appellant filed his appeal at the Tribunal, the suspension of the appellant’s driver’s licence was no longer in effect. Therefore, on April 29, 2019 there was no decision of the Registrar for the Tribunal to exercise its powers to confirm, modify or set aside.
21Furthermore, the Tribunal’s “Notice of Appeal – Suspension or Cancellation of a Driver’s Licence for Medical Reasons” form clearly states that you may file an appeal any time during the suspension period.
22The respondent submits that it is a duty of the Registrar as per section 205(1)(c)(iii) of the HTA to keep records. A duty is not a decision or order of the Registrar.
23The appellant submits that even though his licence suspension has been lifted, the Tribunal still has the power to instruct the Registrar to purge a suspension entry from the appellant’s driving record.
24However, the Tribunal has no such power. As stated above, the Tribunal’s powers are limited to what is set out in section 50(2) of the HTA. These powers do not include ordering the Registrar to purge its records.
D. CONCLUSION
25The Tribunal is without jurisdiction to hear this appeal or to instruct the Registrar of Motor Vehicles with regards to the keeping of records.
26The Tribunal dismisses the appeal for lack of jurisdiction.
LICENCE APPEAL TRIBUNAL
Dr. Erica Weinberg, Member
Released: July 24, 2019