Enforcement order reconsideration

If you are a licensee, authorization holder or permittee and you are served with an enforcement order (other than an order issued after a waiver is signed), you can have the order reconsidered. This means that the initial decision is reviewed.

• You must apply for a reconsideration before you can apply for a judicial review.

Grounds for reconsideration

Reconsideration of enforcement orders is available in limited circumstances. If you wish to seek reconsideration of an enforcement order, you must

• Complete the cannabis or liquor application form
• Provide the basis upon which you believe the reconsideration is appropriate (also referred to as grounds for consideration)
• Pay the fee

Reconsideration is not an opportunity to re-argue the case. It is only available if one or more of the following grounds for reconsideration applied in your case. You only need to have one of these grounds for reconsideration, not all of them. The grounds for reconsideration are:

• The decision maker did not observe the rules of procedural fairness
• The decision maker made an error of law
• There is new evidence that is substantial and material and
  • Did not exist or was not discovered or could not have been discovered when the order was given

If one of these grounds does not apply in your case

• The general manager must not accept your application for reconsideration

If your reconsideration is not accepted or you do not qualify for reconsideration, you can apply for judicial review.

Application guidelines

Timelines

• You have 30 days to apply for reconsideration
  • The 30 days starts from the date you received the enforcement order. The "deemed receipt" rules are set out in section 199 of the Liquor Control and Licensing Regulation and section 41 of the Cannabis Licensing Regulation.

Cost

There is a $500 application fee for an application for enforcement order reconsideration.

• The application fee is only refunded if the enforcement order is rescinded
  • This means the general manager withdraws the enforcement order

How to apply

For cannabis

• Complete the Application for Reconsideration (Cannabis) LCRB136 (PDF, 865KB)

For liquor

• Complete the Application for Reconsideration (Liquor) LCRB126 (PDF, 867KB) 

Send the form to LCRB in one of the following ways

• Email: LCRBLiquor@gov.bc.ca

• Mail: PO Box 9292, Stn Prov Govt, Victoria, B.C. V8W 9J8

• Fax: 250-952-7066

• In Person: 400-645 Tyee Road, Victoria B.C.

Special circumstances

The general manager may extend the deadline to apply if

• There are special circumstances that prevent you from meeting the deadline, and
• An injustice would result if no extension were granted

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Application acceptance

The general manager must accept the application for reconsideration before the enforcement order will be reconsidered.

After your application for reconsideration is accepted, and while the general manager is reviewing the matter, the enforcement order will be stayed.  You will be notified in writing that the penalty will be stayed until the reconsideration decision is made.

• Staying a penalty means the order is not in effect until a reconsideration decision is made

If your application for reconsideration is accepted

• The general manager delegates the responsibility for making the reconsideration decision to a hearing delegate

If your application for reconsideration is not accepted

• You will receive a letter with an explanation about why the application is not accepted
  • The letter confirms the penalty and may provide a new date of payment or suspension of service

Reconsideration decision

The hearing delegate will review all the materials before them and will make a decision on the enforcement order. On reconsideration, the enforcement order can be

• Upheld
• Varied (changed)
• Rescinded (withdrawn)

When the decision is made, the reconsideration order will be delivered to you with a letter of explanation and further details.

You have 30 days to apply for reconsideration.

• The 30 days starts from the date you received the enforcement order

If the penalty is upheld in the reconsideration, a letter confirming the enforcement order and penalty will be sent to you

• If the penalty is changed, you will receive a letter outlining the new penalty

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Judicial review

If you are not satisfied with the results of a reconsideration order, you can apply for judicial review.

• You have 30 days to apply for judicial review
  • The 30 days starts from the date you are served with a reconsideration order