Liquor and Cannabis Regulation Branch Enforcement Order Reconsideration Process
Reconsideration allows a licensee or permittee to have enforcement orders reviewed without having to apply to the court for judicial review, as long as the application for reconsideration meets the prescribed grounds. Reconsideration is a generally prerequisite for judicial review.
Grounds for Reconsideration
A liquor and cannabis licensee or liquor permittee may apply for reconsideration if the application meets one of the prescribed grounds:
- there is substantial and material evidence that is new or was not discovered or discoverable at the time of the original hearing;
- there was an error of law (other than a constitutional error of law regarding cannabis reconsideration); or
- there was a failure to observe the rules of procedural fairness.
The grounds listed above are the only reasons that a decision may be reconsidered. Reconsideration is not an opportunity to re-argue the case. If one of these grounds does not exist, the general manager must reject your application for reconsideration.
To apply, see:
Licensees or permittees have 30 days from the date they are served with an enforcement order to apply in writing to the general manager for reconsideration. The general manager may extend the deadline if special circumstances prevent the licensee or permittee from meeting the deadline and an injustice would result if no extension were granted.
A licensee or permittee must submit the application form, a $500 application fee and a written submission identifying how they meet the grounds for reconsideration. The application fee will only be refunded if the enforcement order is rescinded in the reconsideration order. If an application for reconsideration is accepted, the licensee or permittee will be notified in writing that the penalty will be stayed until the reconsideration decision has been received by them. If an application for reconsideration is rejected, a letter will be sent to explain the reason for the decision. The letter will also confirm the penalty and may provide a new date of payment or service of suspension.
If an application for reconsideration is accepted, the general manager will delegate the reconsideration decisions to a hearing delegate. The enforcement order may be upheld, varied or rescinded. Once a decision is reached, the reconsideration order will be sent to the licensee or permittee with a letter that will set out the reasons for the decision, and any further details with respect to the decision.
If the licensee or permittee is not satisfied with a reconsideration order, they may apply for judicial review within 30 days of receiving the reconsideration order pursuant to the Judicial Review Procedure Act [R.S.B.C. 1996], c. 241.