Interpretation

1  In this regulation:

"Act" means the Liquor Distribution Act;

"appeal board" means the Liquor Appeal Board established under the Liquor Control and Licensing Act;

"chairman" means the chairman of the appeal board and, with respect to a matter before a panel of the appeal board, includes the presiding member of the panel;

"hearing" means an oral hearing, or a review of written submissions, by the appeal board or a panel of the appeal board.

 Commencement of an appeal

2  (1)  An appeal under section 16 (2) of the Act may be commenced by sending a notice of appeal to the chairman and a copy of the notice to the general manager.

(2)  The notice of appeal for each action, order or decision appealed against under subsection (1) must be

(a) in a form required by the appeal board,

(b) signed by the appellant or the appellant's agent or counsel, and

(c) accompanied by the prescribed fee.

 Notice of appeal

3  (1)  A notice of appeal must specify

(a) the decision of the general manager appealed against,

(b) the reasons why the appellant believes the decision should be overturned, and

(c) the remedy sought by the appellant.

(2)  If the chairman considers that a notice of appeal is deficient in any respect, the chairman may do one or more of the following:

(a) amend the notice of appeal;

(b) request further information to be provided within a specified time;

(c) after giving the appellant an opportunity to be heard, dismiss the appeal.

 Procedure following receipt of notice of appeal

4  (1)  On receipt of a notice of appeal the appeal board shall acknowledge receipt of the notice and notify the appellant and the general manager in writing

(a) of any action taken under section 3 (2), and

(b) of the date, time and location set for a hearing of the appeal.

(2)  The appeal board may at any time alter the date, time or location of a hearing and if it does so, shall advise the appellant and the general manager of the alteration.

(3)  The appeal board may direct the appellant or the general manager to file written submissions with the appeal board and to serve the submissions on the other party, and may specify a date by which those submissions must be filed or served.

(4)  If the appellant or the general manager fails to

(a) appear at a hearing, or

(b) comply with a direction under subsection (3),

the appeal board may adjourn the hearing or proceed to decide the appeal in the absence of the appellant or general manager with or without a submission referred to in subsection (3), as the case may be.

(5)  Notwithstanding subsection (4), if the appellant fails to

(a) appear at a hearing, or

(b) comply with a direction under subsection (3)

the appeal board may consider the appeal to be abandoned and dismiss the appeal.

 Information

5  (1)  When the general manager receives a notice of appeal under section 2, the general manager shall furnish to the appellant

(a) a record of the action, order or decision under appeal, including reasons, and

(b) photocopies of all material, whether or not contained in the record referred to in paragraph (a), on which the general manager intends to rely at the hearing.

(2)  Notwithstanding subsection (1), the general manager is not required to provide a transcript of any hearing, meeting or discussion held with respect to the matter under appeal.

(3)  When the appellant receives the record referred to in subsection (1), the appellant shall furnish to the general manager photocopies of all material on which the appellant intends to rely whether or not the material is contained in the record.

(4)  If the general manager or the appellant considers material required to be furnished under this section to be confidential, the general manager or the appellant may request, and the chairman may, in his or her discretion, order, that access to, copying or distribution of the material is limited or restricted in whole or in part.

 Hearings

6  (1)  Hearings shall be open to observation by the public unless the chairman considers the circumstances require otherwise, in which case the chairman may order that a hearing be held wholly or partially in private.

(2)  The chairman may adjourn a hearing from time to time.

 Evidence

7  (1)  Subject to subsections (2) and (3), the appeal board may at its discretion admit and consider such evidence as it considers relevant whether or not the evidence would be admissible in a court of law.

(2)  Nothing is admissible in evidence before the appeal board that is inadmissible in a court by reason of a privilege under the laws of evidence.

(3)  Subsection (1) does not override an Act expressly limiting the extent or purposes for which evidence may be admitted or used in any proceeding.

 Suspension of order on appeal

8  Where the appeal board receives a notice of appeal against a decision of the general manager to delist a liquor product listed in the inventory, the appellant may apply to the board for a stay of the decision in whole or in part pending the disposition of the appeal.

 Delegation

9  If the chairman considers it advisable, he or she may designate a member of the appeal board to exercise or perform a power, duty or function of the chairman or the appeal board under these regulations.

 Fees

10  (1)  The filing fee for an appeal under section 16 of the Act is $500.

(2)  Where an appeal is withdrawn or abandoned not less than 7 clear days prior to the scheduled time of the hearing, the appeal board shall refund to the appellant 1/2 of the filing fee.

(3)  The chairman, at his or her discretion, may

(a) waive all or part of an appellant's filing fee if he or she considers that the fee presents an undue financial hardship for the appellant, or

(b) refund all or part of the filing fee to a successful appellant.

 Exception

11  Notwithstanding section 16 (3) of the Act, the Liquor Appeal Board (Control and Licensing) Regulation does not apply to appeals under that section.