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What is a Notice of Proposed Order?

Under the Racing Commission Act, 2000, the Executive Director has statutory discretion in the issuance of licences and sets out the grounds for refusing a licence. Under the new Act, the Executive Director “shall” refuse to license an individual for past conduct deemed contrary to the public interest. In the past, when the ORC had concerns about a licensee or issues with the granting of a licence, a formal document called a show cause letter was issued. A show cause letter generally reads,

“... show cause why your licence should not be suspended ...”

This has now changed. If the Executive Director decides to refuse, revoke or suspend a licence, a Notice of Proposed Order will be served on the individual, detailing what the Executive Director is going to do, giving reasons why it is being done, and providing the licensee or potential licensee 15 days to respond.

If the person responds within the 15 days, a hearing process before a panel of the Commission will be initiated. If the person does not respond, the licence will be formally refused and or revoked through a final order.

A Notice of Proposed Order will become the ORC’s method of advising a licensee of substantive issues regarding his/her licence and a licensee is advised to act quickly when one is received.

ORC Google Location 10 Carlson Court

Suite 400

Toronto, Ontario

M9W 6L2

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