Any individual or business imposed with an Administrative Penalty (AP) has the legal right to appeal the decision to the Licence Appeal Tribunal (LAT). The appeal must be filed within 15 calendar days from the date the AP notice is received.
How to Appeal
1. Appeals must be submitted via email or letter to the LAT at LATRegistrar@ontario.ca
2. Fees must be paid at Licence Appeal Tribunal - General Service (LAT-GS) - Tribunals Ontario
3. TSSA requests for a copy of the appeal letter to be sent to appeals@tssa.org to facilitate necessary follow up.
Once the appeal is filed, the LAT will manage the scheduling of any pre-hearing conferences and the hearing itself.
Note: Sending your notice of appeal to TSSA does not count as filing an appeal. You must file your appeal directly with the LAT.
The Appeal Process
Legal representation is not required for LAT appeals. However, an AP recipient may choose to retain a lawyer for guidance, particularly if the matter is complex.
The LAT has the authority to:
- Uphold the AP
- Uphold the AP but reduce the penalty amount
- Overturn the AP entirely
In any outcome, the LAT may also impose additional conditions as part of its decision. Verbal decisions are typically issued at the conclusion of the hearing, with written reasons posted on the tribunal's website later.
Joint Submissions to Licence Appeal Tribunal
In certain cases, an AP recipient and TSSA may reach a mutual agreement on a revised penalty amount prior to the hearing date. This is referred to as a joint submission.
Joint submissions may be presented to the LAT when an AP recipient acknowledges the contravention but requests a negotiated resolution.
The LAT is not obligated to accept joint submissions but may take them into consideration when issuing a final decision.
Those who consider this option are encouraged to contact TSSA Legal Services in advance of the hearing via email: appeals@tssa.org.
Court Appeals
A final decision issued by the LAT may be appealed to the Ontario Divisional Court. The LAT's decision - including any requirement to pay the penalty - remains in effect immediately unless the Court grants a stay.
As appeals to the Divisional Court are formal legal proceedings, legal counsel is required.