Sales Pitch

people meeting about new job or project

Have you ever had a sales person call you to pitch an idea? Perhaps the sales person asked you many questions about your company. Possibly the sales person complimented you on your career accomplishments or the success of your business. Is the the praise sincere or false. Is it just an effort to gain one’s confidence for the purpose of enlisting one in a directory or on a website for an initial trial period, whereby shortly thereafter one will be invoiced for their so-called listing.

Is there a difference between a hard sell, and a soft sell sales presentation? In a direct sales campaign the sales person will upsell the value of a product or service, and create an imaginary need for everyone to acquire it. This strategy usually involves a lot of fast talking, upbeat phrases, and seems to be full of high energy. Whereas, in an indirect sales approach, the sales person will be more focused on assessing the requirements of the customer, and the applicability of the product or service.

It is bizarre that the presentation of the sales person can influence a potential customer to purchase something that one may not have initially desired. Yet based on the projected emotions of joy or happiness in favor of the sale (by the sales person), one will almost feel obligated to buy what is being pitched.

Regardless of the type of sales strategy is utilized, one should be sure to pause, and consider whether one really wants to buy something before making a purchase. Should one ask the sales person to call later – so that one can properly evaluate one’s desire to buy what is being promoted – then sales person will seem insistent that one quickly purchase the item. This is not right. One should be confident that one knows what one wants or does not want to buy.

A persuasive sales pitch does not need to be oversold. With the right confidence a sales person can speak directly to the heart of the customer, by using vernacular language that is easy to understand. The product or service should really sell itself. Rather than trying to sell a product or service a sales person should promote the relevance of it to the customer and the value to be obtained and derived when the customer buys and uses it.

 

For more details on a great sales strategy visit: bigpitch.ca

 

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Saleability

men shake on a closed land property deal

Every business transaction has one – a saleable factor. Each type of sales process has one specific component, on which the deal or potential for a deal hinges. This is saleability in practice.

This detail could be: a comment, the sound of one’s voice, inflection, not speaking / interrupting, smiling while speaking, constant pattern of speech, mirroring the other party’s voice or simply listening more than speaking.

Knowing when and how to speak is of crucial importance to making a sale and to earning money. Some research could be conducted to determine how one should communicate or interact with a prospect. First, why not look him / her up on LinkedIN or other credible business networking website. Look at recent posts of your prospect on Facebook and Twitter.

By reviewing social media contributions and business profiles for your potential client you can find out what associations he / she is a member of and be able to determine his / his interests. During the discussion you could mention one of the clubs and inquire about or comment on it. Don’t be shy or elusive – clearly state where you discovered the information about your prospective client. They may be greatly impressed that someone took the time and effort to learn about them before trying to sell them something.

Note if your prospect writes well. Does he / she use commas and other syntax properly? These details are important because they will let you know if your prospective customer pauses during their discussion. Will you be able to make your pitch? Should you speak fast or slow? You need to know. If it is unlikely that you will be able to ‘get a word in edgewise’, then you may need to speak quickly with a friendly / positive sounding voice that is direct yet upbeat.

Knowing when to close is a unique skill. This entails: obtaining agreement for the project / work, securing a verbal commitment to move forward in the business relationship, permission to send a contract and an initial invoice or deposit. Once you have reached this stage ‘you are golden’ – so to speak.

To be sure, you must have completely answered all inquiries and have heard some compliments or favorable statements from your prospect about the potential project. Then suggest that you send an e-mail containing a summary of the terms of the work and an initial invoice. You can list all of the amounts owing for the remainder of the work, either in the e-mail or in the invoice, but note them as being smaller than main amount and position them at the bottom or side of the e-mail / invoice. Greatest attention should be focused on the ‘matter at hand’. At the conclusion of the call / meeting confirm all contact particulars and offer yours, as well.

 

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Salesman’s Toolkit

man showing client sales for real estate and marketing

The Salesman’s Toolkit

We tend to think that only mechanics or trades people have a toolkit or tools for their work. This is a bizarre misconception. Professionals, who work in rugged or soft-skills industries; such as Sales, Web Design and even in the realm of writing, need tools to do their jobs properly. There is also a Salesman’s Toolkit.

Just as a mechanic may need a wrench to loosen or tighten bolts on a vehicle, as Salesman needs to have the right tools for his craft. A Web Designer will certainly require a computer to design a website and a Writer has to have a device for writing; a pen or a typewriter or a word-processor / computer. What are the tools comprise the work belt for a Salesman:

Here are some items that a Salesman would need to possess to make sales:

  • Pen (Never just one – at least five custom designed pens will gold or silver trim – must also be comfortable to hold and not leak out ink).
  • Notepad (While there is always some paper lying around the office or whenever the deal is to be made, nothing displays professionalism like a Salesman who has his own leather covered notepad for etching out the details of the sale). To get a prospective customer to sign on the dotted line there must be paper on which the terms of the agreement can be written and a fancy pen to seal the deal!
  • Sales Prospects are perhaps the most important component of the Salesman’s tools. If he does not have potential leads to he can prospect and convert into clients, then he will be pitching his sales dialogue as a monologue.
  • Location for Sale: Every salesman should have his own lavishly decorated office, plastered with inspirational quotes and glorifying awards. But to close a more upscale sale sometimes a more debonair setting is required to set the mood. Hotel bars or lobby’s, a conference room at business complex or a family-themed classy restaurant, are among possible venues that are fitting for a first-class negotiation.
  • Whatever the venue for the sales scene – it should smell good. Mints and / or light fragrance could be a good idea for the meeting / sales venue. Just be sure that the client does not have any sensitivity to cologne or perfume.
  • A receptionist or appointment setter is crucial to portraying an image of an established and progressive business.
  • A well-groomed and cordial greeter who will show potential client’s to the meeting room, and offer coffee or other appetizers is a value-added bonus to setting the stage for a deal to be made.

 

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Gone Mad Men

man gets ready with suit and watch for business meeting

I saw on television that this iconic show will soon be gone. Gone Mad Men. Gone Mad Men. This maddening show about marketing exploits is off the airwaves of television. But the message of projecting a markedly stark attitude is clear.

There will be some reruns of course. But no new shows. What this means is no more opportunities to anticipate quirky tag lines and to be captivated by swanky seventies fashions.

On one episode, of Mad Men, Don Draper, played by John Daniel Hamm once coined the phrase “If you don’t like what is being said then change the conversation.” These are words to live by! If you are having a discussion with someone and they are annoying or if they are saying things are offensive, then rather than becoming upset at what is being said, you can simply change the conversation.

Attitude is everything, some people think that it is really the only thing that matters. This show boasted of sassy and seemingly spontaneous statements by various casts members, whenever they were being belittled or under-appreciate for their work. Even the clothes and the way they were worn demonstrated a statement about the personality of each star. Day to day, depending on the marketing pitch to be presented there seemed to be a collaborative effort for the stars / copywriters and marketers to project a certain style, which was uniformly displayed.

Uniformity is strength. Just observe any dance collaboration. It is not so much the cool or seemingly systematic flow of the routine, but rather how all of the members of the dance troupe move in unison; as one unit. Being a unit may seem to come at the cost of individuality. Yet sometimes for a group effort to shine with strength one needs to lose oneself for the so-called ‘greater good.’ Let us take mathematics as a example of uniformity: “Given a set of measurements, are they considered equally uniform if they’re randomly dispersed over the surface versus increasing in value as you go from one side of the surface to the other? Just something to think about.”1

This point seems to sum up, so to speak, the reality of human interaction. Uniformity is really determined by a streamlined approach, versus a scattered system. When communicating with someone, whether it is with words or movements, such as dance or miming or via some art display, one needs to convey a focused message. One idea at time, is really all that can be communicated, in whatever form it may manifest.

Be sure to give a clear definition to your words and overall idea(s). In mathematics even the unknown variables are always presupposed to have a a set value, whereby the actual value is eventually determined when the equation is solved. Having defined terms and clear presuppositions in your speech and other communicative modes ensures that your audience will be able to resolve your message clearly.

 

1 Retrieved on February 9, 2015 from: http://stackoverflow.com/questions/7844804/how-is-uniformity-expressed

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Cheap Property Discoveries

housing complex in Canada area

Cheap Property Discoveries

Where are all the best deals on property? They are everywhere on-line. You only need to know where to look and you will find a great buy – for cheap property discoveries. Options for seeking and securing great deals on a new home include: searching often, hiring a specialized Property Researcher, and enlisting the expert assistance of a trained Real Estate Agent.

While anyone can use the Internet, not everyone is able to search effectively to sort out relevant information and separate it from junk. Even in a junkyard there can be a really valuable find and also garbage. Knowing the difference between old things and antique items is a skill. Similarly, in a property search one must distinguish a golden deal from a money pit.

To be sure, spending a small amount initially, to hire a Property Research Specialist, is a worthwhile investment, which will pay major dividends well into the future. If you could save $10,000 or more on your home purchase and you only need to pay $500 to $1000 to hire an expert Property Researcher, then you are ahead – by thousands of dollars in savings – in the Real Property game.

There are various firms that offer detailed property research programs to assist would-be buyers in sourcing a hard to find home; with rare specifications. Perhaps you want a large backyard or wide front yard or no front yard. You will need a special search for your home. This effort requires a qualified researcher.

Even in deciding what you are actually hoping to find, in terms of: price, location, size and design; you may need help deciding on what type of home you want to buy. A Property Researcher will be able to offer a unique perspective for purchasing the right home, on budget and on time.

Timely purchases should not be entered into hastily. A Real Estate Agent may want their client to buy a home quickly, because the Agent will likewise be paid soon after. To be a smart home buyer you could utilize the services of Property Research Specialist and a Real Estate Agent simultaneously. Once the researcher has narrowed down your selection options, an Agent can ensure professionalism in closing the deal.

Negotiation skills are a must in a home-buying transaction. A specially trained and licensed Agent will be able to negotiate on your behalf. But you could enlist the services of specialized Property Researcher to source the most qualified Real Estate Agent to meet your home-buying needs.

You should utilize the specialized Property Research Services of Resale.Condos for your next property exploration process. Contact condos@resale.condos to begin your search today!

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Transactional Process

person paying for goods or services with card

How exactly does the transactional process occur? Let’s say you are a small business owner and you want to sell your products / services? You have many inquiries from prospective clients / customers. How should you reply to all of them? Should you actually consider each one to be serious candidate for a business relationship?

Some people just like to talk business without doing any business. As a business owner you need to be cautious and set up protective guards. First you need to require prospective clients / customers to pay a consultation fee. You should create a standard reply e-mail wherein you specify your most prominent accomplishments and sell skills in the way of marketing pitch. You can also create an intake form that requests specific details about the company / person who has inquired about your services and tailor it to find out what the company / person expects or requires from you.

If a potential client / customer does not want to pay your initial fee and / or complete an intake form, then it is also likely that this same person will not pay your any money once you actually do work for them or provide them with product for sale.

A little bit of time during initial screening can save much valuable time later on. Do not waste time doing work for free. Instead take time to qualify leads and to determine which potential client will really becoming a paying one.

 

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Online Domain

photo of finding domain names on paper

Where is your domain? Just like a person has a home, whether it is a house or a condominium or some other type of residence, similarly a person can have an online address / presence in the way of a domain name and website. A  online domain is where you reside on the Internet.

Your domain name needs to be in a top spot online in order to have regular visitors. This will require a lot of maintenance. Just like you need to maintain a house, internally and externally – you will need to ensure that the website is properly outfitted and furnished on the backend. Having a strategic search engine optimization and social media campaign is just as valuable as having the right design of your house inside and out.

When visitors come to your home you want them to feel comfortable and most importantly to feel welcome. The same is true for your website. Visitors should feel at home when they first come to your main page. Not having too many pictures or too much content is a great idea. There should be some content obviously. Whatever is written there should be upbeat, using short sentences. Images that highlight your company’s purpose, products or services can be used, but sparingly.

You want to know where your visitors are finding you, in terms of country and which search engine they used to find you. This is similar to a guest in your home. You will want to know something about them. A real live guest offers the opportunity for questions. You may inquire about: where they are from, what is their profession and what they know about you are some questions that may arise during a first meeting.

On your website you will immediately want to answer any potential queries a prospective client / customer could have about your business. You will definitely want to have a clearly written and detailed About Us page. On this page you will likely want to avoid having images, since they could detract from the written content. Text throughout the website should not be repetitive, even though you may need to use some buzz words often as part of SEO strategy. If you do need to reuse the same word on a page or on the website, then be sure that the words are being used in a relevant context.

Consider visitors to your website like visitors to your home. You want to imagine that you are having a conversation with them, albeit it may seem one-sided. To ensure your online visitors are at home on your website you want to put yourself in their headspace or mind’s eye, so to speak. Think of questions you might ask upon coming upon your website from a visitor’s perspective. How would you answer these questions? Compose your content as though you are replying to questions and comments about your business. Well written text will encourage repeat visitors and limit irrelevant comments.

 

 

 

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Domain Names Internet Change

photo of finding domain names on paper

Domain names internet changes are all the hype today. Whether you are talking .club, condos, or .guru, among the currently available extensions on the market. But what about all of the domains that are coming soon? Close to 2000 possible extensions may one day be available for use.

If you buy a new domain name extension or gTLD (generic top-level domain) can you use it and / or sell it as you would with other extensions? It seems that there registries that are conjuring up these new novelty extensions are controlling the process of the entire life cycle for their gTLDs. They determine when the registrars can sell them, including pre-registration and priority registration and even auctions for competing bidders for the same domain name who priority registered a domain with different registrars. Can you imagine that there are auctions for domain names that are not even available yet? Domain names that have not yet been used for a website and have not even been available as forwarding domains are highly valued and be sold before there are yet bought.

What is the deal with the domain Internet changes Is this madness? Possibly this domain name insanity is incurable. Trying to secure the right domain name can be maddening. Many registrar’s may offers promotional gimmicks that seem to promise you a desired domain name at one of the many new extensions. But what can they really offer you other than notification, by e-mail, when the gTLD becomes available? That is, unless you are willing and able to pay for pre-registration or priority registration (much more costly) and this is dependent upon the sunrise or release date of the domain name.

Domain names are now being screened by an intake clearing house to ensure that trademarks are respected and upheld, by the trademark holder / owner. It used to be that someone could register any business name, as domain name, even if one did not own the business name proper – having registered it with the required regulatory authority. Perhaps the new extensions gTLDs were created to ensure that rightful trademark owners can fairly register the business name as their own domain name.

But will this process actually restrict unlawful registrations across the board for all gTLDs? Or is the clearing house only monitoring and enforcing for requested gTLDs to ensure that trademark holders will gain a suitable gTLD for their business name? If so, how will this process be any different from the initial launch of the .com extension where some domainers opted to capitalize on acquiring namesakes of well known brands and then offering the gTLD for sale at an outrageously high price at auction?

 

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Explanation of the AGCO

coffee cup with tax withholding form

An Explanation of the AGCO

Table of Contents

The Alcohol and Gaming Commission of Ontario (AGCO) 1

Purpose. 1

Function(s) of the AGCO.. 1

Structure. 2

Procedural Stages Flow Chart.

Enabling Legislation. 4

The AGRPPA, 1996. 4

The Liquor Licence Act, 1990. 5

Rules of Practice for the AGCO.. 5

Policies and Practice Directions. 6

Form 1 – The Declaration of Representative:. 7

Form 2 – Certificate of Delivery. 7

Form 3 – Pre-hearing Statement of Issues. 8

Form 4 – Notice of Motion. 9

Form 5 – Notice of Constitutional Question. 10

Literature by the body. 11

Works Cited.. 12

 

 

 

The Alcohol and Gaming Commission of Ontario (AGCO) was established February 23, 1998 under s. 2(1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Purpose – An Explanation of the AGCO

The purpose of the AGCO. was established after the enactment of the Alcohol and Gaming Regulation and Public Protection Act, 1996. Section 3(1) of the Act gave the AGCO responsibility for the administration of Liquor Licence Act, 1990 and the Gaming Control Act, 1992, making the Liquor License Board of Ontario (LLBO) and Ontario Gaming Commission (OGC) obsolete; with all regulations falling under the umbrella of the AGCO. Currently the AGCO is responsible for the administration of:

  • The Liquor Licence Act, 1990
  • The Gaming Control Act, 1992
  • The Wine Content and Labelling Act, 2000
  • The Liquor Control Act (Section 3(1) b, e, f, g and 3(2)a)
  • Charity Lottery Licensing Order in Council 1413/08[1]

Thus the purpose of the Alcohol and Gaming Commission of Ontario stated broadly is to regulate the alcohol and gaming industries of the province of Ontario and to ensure that these sectors abide current legislation. The standards enforced by the AGCO and the services that the Commission provides are meant to preserve public interest and order.

Function(s) of the AGCO

The ACGO performs a variety of functions: it is at once a regulatory, investigatory and adjudicatory body.

The regulatory functions of the AGCO include: licensing and overseeing the actions of a variety of provincial sectors involved in the serving, selling, distribution, manufacture and delivery of alcoholic beverages as well as the licensing of games of chance, approving rules of play for games of chance, registering suppliers and retailers of the Ontario Lottery and Gaming Corporation (OLG), governing the charity lottery licence process, and excluding certain persons (i.e. minors) from accessing gaming premises.

The investigatory functions of the AGCO include ensuring that licensed establishments comply with The Liquor Licence Act, 1990 regulations, supervising casinos, gaming establishments and retailers of the Ontario Lottery Gaming Corporation to ensure that vendors adhere to regulations and meet licensing requirements. Additionally, the AGCO engages in surveillance and the monitoring of security systems for gaming locations and OLG retailers. Finally, the AGCO is directly involved in the examination and approval of gaming equipment.

The adjudicatory functions of the Commission primarily involve conducting hearings and providing subsequent reports on these hearings that are available for public view on the “Hearings & Appeals” section of the AGCO website. The AGCO “Key Activities” webpage lists the types of hearings as the most prevalent of the AGCO’s adjudicatory activities:

  • Hearings on proposed disciplinary actions under the Liquor Licence Act, 1990and the Gaming Control Act, 1992
  • Hearings on Registrar’s refusal to register or licence under the Liquor Licence Act, 1990and Gaming Control Act, 1992
  • Compliance order hearings
  • Hearings on the wine authority’s refusal to grant an approval or suspend, revoke or refuse to renew an approval to use the terms, descriptions and designations established by the wine authority under the Vintners Quality Alliance Act, 1992
  • Public interest hearings to determine eligibility for, or revocation of liquor licences or additions to liquor licensed premises where the public files objections in response to a public notice advising of the request for a licence or amendment thereof[2]

Structure

 

Chair, Vice-Cairs, Board, Hearings Section, Chief Executive Officer, Center of Gaming Excellence, Corporate Policy and Communications Branch, Legal Services Branch, Corporate Services Branch, Sector Liaison Branch, Licensing & Registration Branch, Investigation & Enforcement Bureau, Electronic Gaming Branch, Audit & Gaming Compliance Branch,  Risk Management and Internal Audit Section. [3]

 

 

 

 

 

Procedural Stages Flow Chart

 

Enabling Legislation

 

The jurisdiction and authority of the AGCO is defined by its enabling legislation the Alcohol and Gaming Regulation and Public Protection Act, 1996 (AGRPPA). The AGCO is empowered by the following legislation:

  • The Liquor Licence Act, 1990
  • The Gaming Control Act, 1992
  • The Wine Content and Labelling Act, 2000
  • The Liquor Control Act (Section 3(1) b, e, f, g and 3(2)a)
  • Charity Lottery Licensing Order in Council 1413/08

For the purposes of this assignment, I will be focusing on the enabling legislation (AGRPPA) and the two main empowering legislations of the AGCO (the Gaming Control Act, 1992 and the Liquor Licence Act, 1990).

The AGRPPA, 1996

According to s. 2 (1), titled Commission established, of the Alcohol and Gaming Regulation and Public Protection Act,1996, a commission was created in the form of a corporation without share capital known in English as the Alcohol and Gaming Commission of Ontario. According to s. 2 (2) of the AGRPPA a board of directors was appointed under subsection (3); subsection (3) states that the Lieutenant Governor in Council is responsible for the appointment of board members and that there must be at least five members appointed to a board. According s. 2 (6) of the AGRPPA the Lieutenant Governor in Council is responsible for designating one board member as the Board Chair and may designate one or more members as vice-chairs. According to s. 2(7) of the AGRPPA the chair shall preside over the meetings of the board; in the event that the chair is absent or unavailable to preside over a meeting, s. 2(8) states that, a vice-chair shall act as and have all the powers of the chair. According to s. 2(9) the AGRPPA, the Corporations Act and the Corporations Information Act do not apply to the Commission. According to s. 3(3) of the AGRPPA, the Commission is responsible for exercise its powers and duties in accordance with public interest and with the principles of honesty, integrity, and social responsibility. Section 10(1) of the AGRPPA states that the chair may designate that a hearing be held before a panel consisting of one or more members of the board of the Commission. According to s.4 of the AGRPPA, the board of the Commission may establish guidelines governing the exercise of any of the powers and duties that are provided under the AGRPPA and the Liquor Licence Act, 1990, the Gaming Control Act, 1992, and the Wine Content and Labelling Act, 2000. According to s. 5 of the AGRPPA, the board of the Commission may delegate in writing any of its powers and duties to any person or persons employed by the Commission and any such delegation is subject to any conditions set out in the delegation. Section 6(1) of the AGRPPA establishes the position of the Registrar of Alcohol and Gaming for the purposes of enforcing the AGRPPA, the Liquor Licence Act, 1990 and the Gaming Control Act, 1992 and the regulations made under them. Section 10(4) of the AGRPPA lists the parties to the hearing as the Registrar, the person who requested the hearing and any such other persons as the panel may specify. According to s. 10(6) of the AGRPPA the board has jurisdiction to determine all questions of fact or law that arise in matters before it. According to s. 11(1) of the AGRPPA, a party to a hearing before the board may appeal from the board’s decision to the Divisional Court in accordance with the rules of court, but according to subsection (2) an appeal under this section may be made on a question of law only.

According to s. 3(1) of the AGRPPA which lists the duty of commission, the Commission is responsible for the administration of the Liquor Licence Act, 1990, the Gaming Control Act, 1992, the Wine Content and Labelling Act, 2000 and the regulations made under those Acts.  According to s. 3(2) in addition to its powers and duties under the AGRPPA, the AGCO is responsible for fulfilling the powers and duties found in the Liquor Control Act and the regulations made under the Liquor Control Act that are assigned to the AGCO by the Lieutenant Governor in Council.

The Liquor Licence Act, 1990

According to s. 15 (1) of the Liquor Licence Act, 1990, the Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence. Section 47 (1) of the Liquor License Act, provides a police officer (where according to s. 47. (0.1) a “police officer” includes a conservation officer) with the discretion to seize any thing, including liquor, if it is associated with an offence under the Liquor Licence Act, 1990. Section 21(1) of the Liquor Licence Act, 1990 provides the Registrar with the powers to issue a Notice of Proposal (NOP) and states that the Registrar shall serve notice of the proposal together with written reasons on the applicant or licensee.

 

The Gaming Control Act, 1992 gives the AGCO the authority to mandate registration (i.e. gaming corporations, casinos) and enforce compliance with the law. According to the Gaming Control Act, 1992, a term of registration is that every registered supplier and registered gaming assistant is required to facilitate investigations under the Gaming Control Act, 1992. According to s. 31(1) of the Gaming Control Act, 1992 the Registrar may appoint any person to be an investigator for the purpose of determining whether there is compliance with the Gaming Control Act, 1992, the regulations, the terms of a licence or the terms of a registration. According to s. 31 (2) the Registrar shall issue to every investigator a certificate of appointment, bearing the Registrar’s signature or a facsimile of it. According to s. 31(3) police officers, by virtue of their office are investigators under the Gaming Control Act, 1992 and do not require a certificate of appointment.

Rules of Practice for the AGCO

Under the “Hearings & Appeals” section of the AGCO website, the AGCO provides its Revised Rules of Practice (2008):

 

The Rules outline the general, procedural, and administrative matters that apply to hearings before the Board of the Alcohol and Gaming Commission of Ontario. All participants in proceedings before the Board are expected to comply with the Rules. These Rules have six Parts.  The Table of Contents sets out the Parts and identifies the individual rules within each Part.  Parts I, II, III, IV and VI apply generally to all proceedings before the Board except Public Meetings.  Part V contains Rules which apply to specific types of proceedings:  Public Meetings, Public Interest Hearings, Discipline Hearings and Combined Public Interest and Discipline Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 1)

 

For the purposes of creating a profile of the AGCO, the rules that are of interest are those found in Part I – The Rules of General Matters that come before the AGCO. The rules that I will focus on are rules 2, 3, 5 and 7. Rule 2 refers to the rules governing Board Powers. According to Rule 2.2 the AGCO Board has the power to amend its own rules from time to time. The Board also has the power to limit or revoke the participation of certain parties in the proceedings. Rule 2.5 outlines circumstances when the Board may dismiss proceedings (e.g. for unreasonable delay or non-compliance with Orders, directions, conditions, undertakings, or written requests from the Board). Rule 3 is of particular interest because it outlines the Board’s Rule of Non-compliance (a rule that is pertinent to Board Powers as well). Rules 3.1 and 3.2 outline what occurs where a party fails to comply with the rules of the Board (i.e. by not properly submitting evidence or failing to appear to a hearing). According to the Rules of Non-compliance, the Board may impose conditions on the party, may bar the party from presenting certain evidence or may proceed with a hearing without the presence of the party. Rule 5 outlines the rules that parties must follow in their communications with the board, for example, Rule 5.1 states that all communications that occur outside of the hearing must be made in writing. Rule 5 also outlines the provisions of communicating with the Board in French. Finally, Rule 7 outlines the rules regarding public hearings. This rule is important because it maintains the transparency and public interest functions of the AGCO by stating that all Board hearings must be public. Rules 7.1 and 7.2 list the only circumstances under which AGCO hearings can be made private (i.e. matters involving public security, matters of an intimate personal or financial nature that would be inappropriate to disclose).

 

Additionally, Rule 24, found in Part IV of the AGCO’s Rules of Practice, may be of interest. Rule 24 outlines the process of Appeals and Judicial Review. Rule 24 specifies when a Notice of Application for judicial review must be served and when a Notice of Appeal must be issued.

Policies and Practice Directions

 

The AGCO has an accessibility policy: The Accessibility Standards for Customer Service, 2008, Ontario Regulation 429/07[4], which aims to ensure full compliance with the Charter of Rights & Freedoms, the Ontario Human Rights Code, the Ontarians with Disabilities Act 2001, and the Accessibility for Ontarians with Disabilities Act 2005. Staff of the AGCO are trained to be aware of the special requirements of disabled persons, including the use of and need for special devices and the use of service animals and special support persons who assist their clients in personal matters.

The AGCO overlooks hearings for a number of matters including alcohol licensing, lottery disputes, gaming registration and lottery licensing. Pursuant to section 25.1 of the Statutory Powers Procedure Act the AGCO has rules that aim to ensure procedural fairness (Rule 1.1, AGCO).  The AGCO does not provide explicit practice directions, however the AGCO’s Revised Rules of Practice, 2008, have corresponding forms that further elucidate how rules of practice will be enforced. Forms 1 through 5 are common to alcohol licensing, lottery disputes, gaming registration and lottery licensing hearings. Below I will outline each of these forms and the rules of practice that mandate the forms’ usage.

Form 1 – The Declaration of Representative:

According to the AGCO’s Rules of Practice, the Manager of Hearings must have a record of all the representatives participating in a hearing.

Rule 6.1 of the AGCO’s Rules of Practice, 2008, states:

With the exception of the Registrar’s representative, licensed and unlicensed representatives appearing in a proceeding must complete a Declaration of Representative (Form 1), deliver a copy to all parties within three days of being named as a representative and file it with the Manager of Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 6)

Form 1 stipulates:

This declaration [of Representative] must be filed with the Manager of Hearings and a copy delivered to all parties within 3 days of being named as a representative. If you wish to withdraw as a party’s representative or cease to represent that party, you must immediately advise the Manager of Hearings and all other parties in writing. Only persons licensed by the Law Society of Upper Canada or who fall within the exceptions or exemptions below may represent a party before the Board of the Alcohol and Gaming Commission of Ontario. The Board has the authority to exclude a representative who is not licensed and who does not fall within one of the exempted categories below from a hearing. (The Alcohol and Gaming Commission of Ontario: Form 1 Declaration of Representative, 2010).

Form 2 – Certificate of Delivery

Rule 9 of the AGCO’s Rules of Practice, 2008, lists the rules for the delivery and filing of documents. Rule 9.5 specifically references Form 2 with instructions for correspondences between a party and the Board.

Rule 9.5 of the AGCO’s Rules of Practice, 2008, states:

Correspondence from a party to the Board must be copied to all other parties in the proceeding. Documents filed with the Board must be delivered to all other parties in the proceeding. When filing a document with the Board the party must attach a Certificate of Delivery (Form 2) setting out the date and manner of delivery on the other parties. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 8)

Form 2 states:

The purpose of this certificate is to verify that a copy of a document was delivered to a party. A Certificate of Delivery must be completed before a document is filed with the Hearings Department. Depending on the manner of delivery, you may be required to produce a copy of the facsimile transmission record, a copy of the electronic mail showing the date and time of its transmission, or the courier or postal receipt as evidence to support the Certificate. (The Alcohol and Gaming Commission of Ontario: Form 2 Certificate of Delivery, 2010)

Form 3 – Pre-hearing Statement of Issues

PART III of the AGCO’s Rules of Practice refers to Pre-hearing conferences. The Board may call pre-hearing conferences in order to meet a variety of objectives. One such objective as stated in Rule 14.1(d) of the Rules of Practice, is to identify and clarify the issues that will be brought before the Board in the hearing. In order for the aforementioned objective to be met, there must be some advance notice of the issues the parties are disputing; Rule 14.2 specifies the procedure for providing such advance notice for a pre-hearing conference.

Rule 14.2 of the of the AGCO’s Rules of Practice, 2008, states:

At least five days in advance of the pre-hearing conference, the parties shall deliver a Pre-Hearing Statement of Issues (Form 3) to each other and file it with the Manager of Hearings. Where a party has made disclosure in accordance with the Rules and is of the opinion that review of some or all those documents would assist the prehearing Member to better achieve the purposes of the pre-hearing conference, the party may file those documents with the Manager of Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 11)

According to Form 3:

Unless the parties agree, the Pre-Hearing Statement of Issues, and any documents attached to the Pre-Hearing Statement, do not form part of the Board’s record. The Pre-Hearing Statement of Issues may not be introduced or referred to at the hearing before the Board including for the purposes of impeaching the credibility of a witness. This statement will be returned to the parties at the completion of the Pre-Hearing unless the parties consent to it becoming part of the Board’s record. All communications within the Pre-Hearing are deemed to be confidential and without prejudice. The notes or records of the Pre-Hearing Member are not compellable in any proceeding before the Board or any other process. Please see the Board’s Rules for specific instructions on the conduct of Pre-Hearings. (The Alcohol and Gaming Commission of Ontario: Form 3 Pre-hearing Statement of Issues, 2010)

Thus Rule 14.2 requires:

“At least five days in advance of the pre-hearing conference, the parties shall deliver a Pre-Hearing Statement of Issues (Form 3) to each other and file it with the Manager of Hearings.” (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 11) AND

“Unless the parties agree, the Pre-Hearing Statement of Issues, and any documents attached to the Pre-Hearing Statement, do not form part of the Board’s record. The Pre-Hearing Statement of Issues may not be introduced or referred to at the hearing before the Board including for the purposes of impeaching the credibility of a witness.” (The Alcohol and Gaming Commission of Ontario: Form 3 Pre-hearing Statement of Issues, 2010)

Form 4 – Notice of Motion

Rule 16 of the of the AGCO’s Rules of Practice broadly refers to motions and the procedures that must be followed when a party brings a motion before the Board. The rules for making a motion can be found in rules 16.1, 16.2, 16.3, and 16.4. Rule 16.1 stipulates that motions can be made at any time but that the Board must first receive a Notice of Motion from the party making the motion. Rule 16.2 itemizes the components that a motion must address. Rule 16.3 outlines the practices for delivering and filing the notice of motion and finally, Rule 16.4 outlines the practices for the party responding to the motion.

16.1 A motion shall be made by a Notice of Motion (Form 4) to the Board at any time in a proceeding. The party bringing the motion shall first obtain a date for its hearing from the Manager of Hearings or the panel.

 

16.2 The motion shall:

(a) state the precise relief sought;

(b) state the grounds to be argued and identify any statutory provision, rule, or case law relied on; and,

(c) attach all documents to be used on the motion.

 

Evidence shall be presented through sworn statements unless the Board permits otherwise.

16.3 The motion, with all supporting materials, shall be delivered to all parties at least 4 days before the motion is to be heard. The notice of motion shall be filed, with a Certificate of Delivery (Form 2) on each party, with the Manager of Hearings at least 3 days before the motion is to be heard.

 

16.4 A responding party shall deliver any materials it intends to rely on in response to the motion to all parties and file them, together with a Certificate of Delivery on each party, with the Manager of Hearings at least 2 days before the motion is to be heard. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

Form 4 again reinforces the practice directions for delivery and filing of the Notice of Motion:

[A party] must obtain a date for your motion from the Manager of Hearings before [it] deliver[s] the Notice to the parties and file it with the Hearings Department. Certificates of Delivery on the parties to the proceeding must accompany the Notice of Motion when it is filed. (The Alcohol and Gaming Commission of Ontario: Form 4 Notice of Motion, 2010).

Form 5 – Notice of Constitutional Question

Rule 17 of the of the AGCO’s Rules of Practice outlines the procedure that parties must abide by if seeking to challenge the constitutional validity or applicability of any law or regulation. The procedure for raising constitutional questions can be found in Rule 17.1 and its corresponding Form.

The directions for submitting and filing a constitutional challenge according to Form 5 are:

Where a party intends to challenge the constitutional validity or applicability of any law, regulation or rule the party must deliver a Notice of Constitutional Question to all parties in the proceeding as well as the Attorneys General of Ontario and Canada and file it, together with Certificates of Delivery, with the Manager of Hearings at least 15 days before the day on which the challenge is  to be argued before the Board. (The Alcohol and Gaming Commission of Ontario: Form 5 Notice of Constitutional Question, 2010).

Additionally, the subsections found in Rule 17.1 of the Rules of Practice state the requirements for submitting the constitutional challenge:

(i) obtain a date for argument of the challenge from the Manager of Hearings:

(ii) complete and deliver a Notice of Constitutional Question (Form 5) to the parties and the Attorneys General for Ontario and Canada; and,

(iii) file the Notice of Constitutional Question with a Certificate of Delivery on each party and the Attorneys General. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

 

Some Rules have practice directions without accompanying forms. An important practice direction can be found in Rule 18.1 of the AGCO’s rule of practice. Parties can make requests for adjournment and Rule 18.1 states the protocol for submitting such a request:

 

18.1 A request for an adjournment must be in writing and must include the following:

(a) written consent to the adjournment from any, or all, other parties or their representative;

(b) the reasons for the request; and,

(c) at least 2 alternative hearing dates within 60 days of the date to be adjourned. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

 

Additionally, there are times when individuals need to make applications to the Board, for example for licences, but the Board decides not to grant a licence. The individual can then choose to file an appeal as recourse. The Registrar of Alcohol and Gaming can issue a Notice of Proposed Order (NOPO)/Notice of Proposal (NOP) and an Order of Monetary Penalty (OMP). The procedure for requesting a hearing or appeal of either the NOPO/NOP or OMP requires that the individual or party must submit a written request for a hearing or/appeal by mail or fax to the AGCO within fifteen (15) days from the date of receiving the NOP or OMP. The AGCO website provides a ‘Hearing Request’ form and a ‘Filing an Appeal’ form for those who wish to request a hearing or make an appeal.[5]

 

However, a party cannot appeal the Board’s decision after a hearing has taken place due to the   privative clause of the AGCO, which can be found in its enabling legislation, the Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, Chapter 26, Schedule 1, wherein section 14(7) states that “A decision of the board under subsection (6) is final and not subject to appeal to the Divisional Court under section 11.” Subsection (6) of the AGRPPA refers to circumstances under which a monetary penalty has been applied and confirmed upon completion of the hearing. Therefore, once the Board has confirmed that a monetary penalty must be paid by the party, the party has no further avenue of appeal.

Literature by the body

The AGCO provides the public with publications and resources to increase public awareness and understanding of the liquor laws, changes in gaming policies, AGCO procedures and regulations as well as decision summaries from public hearings.[6] One example of a publication made available by the AGCO is its resource Guide for Staff Liquor Sales Licensed Establishments. The 2010 publication entitled “You and The Liquor Laws” serves as a learning and teaching aide for employees of liquor sales licensed establishments to ensure that they abide all laws and regulations set out by the AGCO. The guide also highlights the discretionary powers of AGCO officers and the duties of licensed establishment staff.

 

 

Works Cited

 

Alcohol and Gaming Commission of Ontario. (2011). Retrieved from

http://www.agco.on.ca/en/home/index.aspx

 

Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, Chapter 26.

Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96a26_e.htm

 

Gaming Control Act, 1992, S.O. 1992, Chapter 24. Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_92g24_e.htm

 

Liquor Licence Act, R.S.O. 1990, Chapter L.19. Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm#BK73

[1] From “About: Overview”, Alcohol and Gaming Commission of Ontario (2011).

[2] From “About: Key Activities”, Alcohol and Gaming Commission of Ontario (2011).

[3] From “About: Organizational Structure”, Alcohol and Gaming Commission of Ontario (2011).

[4] From “Accessibility: Ontario Public Service Accessible Customer Service Policy”, Alcohol and Gaming Commission of Ontario (2011).

[5] From “Hearings & Appeals: Alcohol Hearings/Appeals; Gaming Hearings/Appeals”, Alcohol and Gaming Commission of Ontario (2011).

[6] From “AGCO Publications”, Alcohol and Gaming Commission of Ontario (2011).

 

 

 

 

 

Explanation of the the A.G.C.O

Zack Steel

 

 

 

 

 

 

 

 

Table of Contents

The Alcohol and Gaming Commission of Ontario (AGCO) 1

Purpose. 1

Function(s) of the AGCO.. 1

Structure. 2

Procedural Stages Flow Chart.

Enabling Legislation. 4

The AGRPPA, 1996. 4

The Liquor Licence Act, 1990. 5

Rules of Practice for the AGCO.. 5

Policies and Practice Directions. 6

Form 1 – The Declaration of Representative:. 7

Form 2 – Certificate of Delivery. 7

Form 3 – Pre-hearing Statement of Issues. 8

Form 4 – Notice of Motion. 9

Form 5 – Notice of Constitutional Question. 10

Literature by the body. 11

Works Cited.. 12

 

 

 

The Alcohol and Gaming Commission of Ontario (AGCO) was established February 23, 1998 under s. 2(1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Purpose

The purpose of the AGCO. was established after the enactment of the Alcohol and Gaming Regulation and Public Protection Act, 1996. Section 3(1) of the Act gave the AGCO responsibility for the administration of Liquor Licence Act, 1990 and the Gaming Control Act, 1992, making the Liquor License Board of Ontario (LLBO) and Ontario Gaming Commission (OGC) obsolete; with all regulations falling under the umbrella of the AGCO. Currently the AGCO is responsible for the administration of:

  • The Liquor Licence Act, 1990
  • The Gaming Control Act, 1992
  • The Wine Content and Labelling Act, 2000
  • The Liquor Control Act (Section 3(1) b, e, f, g and 3(2)a)
  • Charity Lottery Licensing Order in Council 1413/08[1]

Thus the purpose of the Alcohol and Gaming Commission of Ontario stated broadly is to regulate the alcohol and gaming industries of the province of Ontario and to ensure that these sectors abide current legislation. The standards enforced by the AGCO and the services that the Commission provides are meant to preserve public interest and order.

Function(s) of the AGCO

The ACGO performs a variety of functions: it is at once a regulatory, investigatory and adjudicatory body.

The regulatory functions of the AGCO include: licensing and overseeing the actions of a variety of provincial sectors involved in the serving, selling, distribution, manufacture and delivery of alcoholic beverages as well as the licensing of games of chance, approving rules of play for games of chance, registering suppliers and retailers of the Ontario Lottery and Gaming Corporation (OLG), governing the charity lottery licence process, and excluding certain persons (i.e. minors) from accessing gaming premises.

The investigatory functions of the AGCO include ensuring that licensed establishments comply with The Liquor Licence Act, 1990 regulations, supervising casinos, gaming establishments and retailers of the Ontario Lottery Gaming Corporation to ensure that vendors adhere to regulations and meet licensing requirements. Additionally, the AGCO engages in surveillance and the monitoring of security systems for gaming locations and OLG retailers. Finally, the AGCO is directly involved in the examination and approval of gaming equipment.

The adjudicatory functions of the Commission primarily involve conducting hearings and providing subsequent reports on these hearings that are available for public view on the “Hearings & Appeals” section of the AGCO website. The AGCO “Key Activities” webpage lists the types of hearings as the most prevalent of the AGCO’s adjudicatory activities:

  • Hearings on proposed disciplinary actions under the Liquor Licence Act, 1990and the Gaming Control Act, 1992
  • Hearings on Registrar’s refusal to register or licence under the Liquor Licence Act, 1990and Gaming Control Act, 1992
  • Compliance order hearings
  • Hearings on the wine authority’s refusal to grant an approval or suspend, revoke or refuse to renew an approval to use the terms, descriptions and designations established by the wine authority under the Vintners Quality Alliance Act, 1992
  • Public interest hearings to determine eligibility for, or revocation of liquor licences or additions to liquor licensed premises where the public files objections in response to a public notice advising of the request for a licence or amendment thereof[2]

Structure

 

Chair, Vice-Cairs, Board, Hearings Section, Chief Executive Officer, Center of Gaming Excellence, Corporate Policy and Communications Branch, Legal Services Branch, Corporate Services Branch, Sector Liaison Branch, Licensing & Registration Branch, Investigation & Enforcement Bureau, Electronic Gaming Branch, Audit & Gaming Compliance Branch,  Risk Management and Internal Audit Section. [3]

 

 

 

 

 

Procedural Stages Flow Chart

 

Enabling Legislation

 

The jurisdiction and authority of the AGCO is defined by its enabling legislation the Alcohol and Gaming Regulation and Public Protection Act, 1996 (AGRPPA). The AGCO is empowered by the following legislation:

  • The Liquor Licence Act, 1990
  • The Gaming Control Act, 1992
  • The Wine Content and Labelling Act, 2000
  • The Liquor Control Act (Section 3(1) b, e, f, g and 3(2)a)
  • Charity Lottery Licensing Order in Council 1413/08

For the purposes of this assignment, I will be focusing on the enabling legislation (AGRPPA) and the two main empowering legislations of the AGCO (the Gaming Control Act, 1992 and the Liquor Licence Act, 1990).

The AGRPPA, 1996

According to s. 2 (1), titled Commission established, of the Alcohol and Gaming Regulation and Public Protection Act,1996, a commission was created in the form of a corporation without share capital known in English as the Alcohol and Gaming Commission of Ontario. According to s. 2 (2) of the AGRPPA a board of directors was appointed under subsection (3); subsection (3) states that the Lieutenant Governor in Council is responsible for the appointment of board members and that there must be at least five members appointed to a board. According s. 2 (6) of the AGRPPA the Lieutenant Governor in Council is responsible for designating one board member as the Board Chair and may designate one or more members as vice-chairs. According to s. 2(7) of the AGRPPA the chair shall preside over the meetings of the board; in the event that the chair is absent or unavailable to preside over a meeting, s. 2(8) states that, a vice-chair shall act as and have all the powers of the chair. According to s. 2(9) the AGRPPA, the Corporations Act and the Corporations Information Act do not apply to the Commission. According to s. 3(3) of the AGRPPA, the Commission is responsible for exercise its powers and duties in accordance with public interest and with the principles of honesty, integrity, and social responsibility. Section 10(1) of the AGRPPA states that the chair may designate that a hearing be held before a panel consisting of one or more members of the board of the Commission. According to s.4 of the AGRPPA, the board of the Commission may establish guidelines governing the exercise of any of the powers and duties that are provided under the AGRPPA and the Liquor Licence Act, 1990, the Gaming Control Act, 1992, and the Wine Content and Labelling Act, 2000. According to s. 5 of the AGRPPA, the board of the Commission may delegate in writing any of its powers and duties to any person or persons employed by the Commission and any such delegation is subject to any conditions set out in the delegation. Section 6(1) of the AGRPPA establishes the position of the Registrar of Alcohol and Gaming for the purposes of enforcing the AGRPPA, the Liquor Licence Act, 1990 and the Gaming Control Act, 1992 and the regulations made under them. Section 10(4) of the AGRPPA lists the parties to the hearing as the Registrar, the person who requested the hearing and any such other persons as the panel may specify. According to s. 10(6) of the AGRPPA the board has jurisdiction to determine all questions of fact or law that arise in matters before it. According to s. 11(1) of the AGRPPA, a party to a hearing before the board may appeal from the board’s decision to the Divisional Court in accordance with the rules of court, but according to subsection (2) an appeal under this section may be made on a question of law only.

According to s. 3(1) of the AGRPPA which lists the duty of commission, the Commission is responsible for the administration of the Liquor Licence Act, 1990, the Gaming Control Act, 1992, the Wine Content and Labelling Act, 2000 and the regulations made under those Acts.  According to s. 3(2) in addition to its powers and duties under the AGRPPA, the AGCO is responsible for fulfilling the powers and duties found in the Liquor Control Act and the regulations made under the Liquor Control Act that are assigned to the AGCO by the Lieutenant Governor in Council.

The Liquor Licence Act, 1990

According to s. 15 (1) of the Liquor Licence Act, 1990, the Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence. Section 47 (1) of the Liquor License Act, provides a police officer (where according to s. 47. (0.1) a “police officer” includes a conservation officer) with the discretion to seize any thing, including liquor, if it is associated with an offence under the Liquor Licence Act, 1990. Section 21(1) of the Liquor Licence Act, 1990 provides the Registrar with the powers to issue a Notice of Proposal (NOP) and states that the Registrar shall serve notice of the proposal together with written reasons on the applicant or licensee.

 

The Gaming Control Act, 1992 gives the AGCO the authority to mandate registration (i.e. gaming corporations, casinos) and enforce compliance with the law. According to the Gaming Control Act, 1992, a term of registration is that every registered supplier and registered gaming assistant is required to facilitate investigations under the Gaming Control Act, 1992. According to s. 31(1) of the Gaming Control Act, 1992 the Registrar may appoint any person to be an investigator for the purpose of determining whether there is compliance with the Gaming Control Act, 1992, the regulations, the terms of a licence or the terms of a registration. According to s. 31 (2) the Registrar shall issue to every investigator a certificate of appointment, bearing the Registrar’s signature or a facsimile of it. According to s. 31(3) police officers, by virtue of their office are investigators under the Gaming Control Act, 1992 and do not require a certificate of appointment.

Rules of Practice for the AGCO

Under the “Hearings & Appeals” section of the AGCO website, the AGCO provides its Revised Rules of Practice (2008):

 

The Rules outline the general, procedural, and administrative matters that apply to hearings before the Board of the Alcohol and Gaming Commission of Ontario. All participants in proceedings before the Board are expected to comply with the Rules. These Rules have six Parts.  The Table of Contents sets out the Parts and identifies the individual rules within each Part.  Parts I, II, III, IV and VI apply generally to all proceedings before the Board except Public Meetings.  Part V contains Rules which apply to specific types of proceedings:  Public Meetings, Public Interest Hearings, Discipline Hearings and Combined Public Interest and Discipline Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 1)

 

For the purposes of creating a profile of the AGCO, the rules that are of interest are those found in Part I – The Rules of General Matters that come before the AGCO. The rules that I will focus on are rules 2, 3, 5 and 7. Rule 2 refers to the rules governing Board Powers. According to Rule 2.2 the AGCO Board has the power to amend its own rules from time to time. The Board also has the power to limit or revoke the participation of certain parties in the proceedings. Rule 2.5 outlines circumstances when the Board may dismiss proceedings (e.g. for unreasonable delay or non-compliance with Orders, directions, conditions, undertakings, or written requests from the Board). Rule 3 is of particular interest because it outlines the Board’s Rule of Non-compliance (a rule that is pertinent to Board Powers as well). Rules 3.1 and 3.2 outline what occurs where a party fails to comply with the rules of the Board (i.e. by not properly submitting evidence or failing to appear to a hearing). According to the Rules of Non-compliance, the Board may impose conditions on the party, may bar the party from presenting certain evidence or may proceed with a hearing without the presence of the party. Rule 5 outlines the rules that parties must follow in their communications with the board, for example, Rule 5.1 states that all communications that occur outside of the hearing must be made in writing. Rule 5 also outlines the provisions of communicating with the Board in French. Finally, Rule 7 outlines the rules regarding public hearings. This rule is important because it maintains the transparency and public interest functions of the AGCO by stating that all Board hearings must be public. Rules 7.1 and 7.2 list the only circumstances under which AGCO hearings can be made private (i.e. matters involving public security, matters of an intimate personal or financial nature that would be inappropriate to disclose).

 

Additionally, Rule 24, found in Part IV of the AGCO’s Rules of Practice, may be of interest. Rule 24 outlines the process of Appeals and Judicial Review. Rule 24 specifies when a Notice of Application for judicial review must be served and when a Notice of Appeal must be issued.

Policies and Practice Directions

 

The AGCO has an accessibility policy: The Accessibility Standards for Customer Service, 2008, Ontario Regulation 429/07[4], which aims to ensure full compliance with the Charter of Rights & Freedoms, the Ontario Human Rights Code, the Ontarians with Disabilities Act 2001, and the Accessibility for Ontarians with Disabilities Act 2005. Staff of the AGCO are trained to be aware of the special requirements of disabled persons, including the use of and need for special devices and the use of service animals and special support persons who assist their clients in personal matters.

The AGCO overlooks hearings for a number of matters including alcohol licensing, lottery disputes, gaming registration and lottery licensing. Pursuant to section 25.1 of the Statutory Powers Procedure Act the AGCO has rules that aim to ensure procedural fairness (Rule 1.1, AGCO).  The AGCO does not provide explicit practice directions, however the AGCO’s Revised Rules of Practice, 2008, have corresponding forms that further elucidate how rules of practice will be enforced. Forms 1 through 5 are common to alcohol licensing, lottery disputes, gaming registration and lottery licensing hearings. Below I will outline each of these forms and the rules of practice that mandate the forms’ usage.

Form 1 – The Declaration of Representative:

According to the AGCO’s Rules of Practice, the Manager of Hearings must have a record of all the representatives participating in a hearing.

Rule 6.1 of the AGCO’s Rules of Practice, 2008, states:

With the exception of the Registrar’s representative, licensed and unlicensed representatives appearing in a proceeding must complete a Declaration of Representative (Form 1), deliver a copy to all parties within three days of being named as a representative and file it with the Manager of Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 6)

Form 1 stipulates:

This declaration [of Representative] must be filed with the Manager of Hearings and a copy delivered to all parties within 3 days of being named as a representative. If you wish to withdraw as a party’s representative or cease to represent that party, you must immediately advise the Manager of Hearings and all other parties in writing. Only persons licensed by the Law Society of Upper Canada or who fall within the exceptions or exemptions below may represent a party before the Board of the Alcohol and Gaming Commission of Ontario. The Board has the authority to exclude a representative who is not licensed and who does not fall within one of the exempted categories below from a hearing. (The Alcohol and Gaming Commission of Ontario: Form 1 Declaration of Representative, 2010).

Form 2 – Certificate of Delivery

Rule 9 of the AGCO’s Rules of Practice, 2008, lists the rules for the delivery and filing of documents. Rule 9.5 specifically references Form 2 with instructions for correspondences between a party and the Board.

Rule 9.5 of the AGCO’s Rules of Practice, 2008, states:

Correspondence from a party to the Board must be copied to all other parties in the proceeding. Documents filed with the Board must be delivered to all other parties in the proceeding. When filing a document with the Board the party must attach a Certificate of Delivery (Form 2) setting out the date and manner of delivery on the other parties. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 8)

Form 2 states:

The purpose of this certificate is to verify that a copy of a document was delivered to a party. A Certificate of Delivery must be completed before a document is filed with the Hearings Department. Depending on the manner of delivery, you may be required to produce a copy of the facsimile transmission record, a copy of the electronic mail showing the date and time of its transmission, or the courier or postal receipt as evidence to support the Certificate. (The Alcohol and Gaming Commission of Ontario: Form 2 Certificate of Delivery, 2010)

Form 3 – Pre-hearing Statement of Issues

PART III of the AGCO’s Rules of Practice refers to Pre-hearing conferences. The Board may call pre-hearing conferences in order to meet a variety of objectives. One such objective as stated in Rule 14.1(d) of the Rules of Practice, is to identify and clarify the issues that will be brought before the Board in the hearing. In order for the aforementioned objective to be met, there must be some advance notice of the issues the parties are disputing; Rule 14.2 specifies the procedure for providing such advance notice for a pre-hearing conference.

Rule 14.2 of the of the AGCO’s Rules of Practice, 2008, states:

At least five days in advance of the pre-hearing conference, the parties shall deliver a Pre-Hearing Statement of Issues (Form 3) to each other and file it with the Manager of Hearings. Where a party has made disclosure in accordance with the Rules and is of the opinion that review of some or all those documents would assist the prehearing Member to better achieve the purposes of the pre-hearing conference, the party may file those documents with the Manager of Hearings. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 11)

According to Form 3:

Unless the parties agree, the Pre-Hearing Statement of Issues, and any documents attached to the Pre-Hearing Statement, do not form part of the Board’s record. The Pre-Hearing Statement of Issues may not be introduced or referred to at the hearing before the Board including for the purposes of impeaching the credibility of a witness. This statement will be returned to the parties at the completion of the Pre-Hearing unless the parties consent to it becoming part of the Board’s record. All communications within the Pre-Hearing are deemed to be confidential and without prejudice. The notes or records of the Pre-Hearing Member are not compellable in any proceeding before the Board or any other process. Please see the Board’s Rules for specific instructions on the conduct of Pre-Hearings. (The Alcohol and Gaming Commission of Ontario: Form 3 Pre-hearing Statement of Issues, 2010)

Thus Rule 14.2 requires:

“At least five days in advance of the pre-hearing conference, the parties shall deliver a Pre-Hearing Statement of Issues (Form 3) to each other and file it with the Manager of Hearings.” (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 11) AND

“Unless the parties agree, the Pre-Hearing Statement of Issues, and any documents attached to the Pre-Hearing Statement, do not form part of the Board’s record. The Pre-Hearing Statement of Issues may not be introduced or referred to at the hearing before the Board including for the purposes of impeaching the credibility of a witness.” (The Alcohol and Gaming Commission of Ontario: Form 3 Pre-hearing Statement of Issues, 2010)

Form 4 – Notice of Motion

Rule 16 of the of the AGCO’s Rules of Practice broadly refers to motions and the procedures that must be followed when a party brings a motion before the Board. The rules for making a motion can be found in rules 16.1, 16.2, 16.3, and 16.4. Rule 16.1 stipulates that motions can be made at any time but that the Board must first receive a Notice of Motion from the party making the motion. Rule 16.2 itemizes the components that a motion must address. Rule 16.3 outlines the practices for delivering and filing the notice of motion and finally, Rule 16.4 outlines the practices for the party responding to the motion.

16.1 A motion shall be made by a Notice of Motion (Form 4) to the Board at any time in a proceeding. The party bringing the motion shall first obtain a date for its hearing from the Manager of Hearings or the panel.

 

16.2 The motion shall:

(a) state the precise relief sought;

(b) state the grounds to be argued and identify any statutory provision, rule, or case law relied on; and,

(c) attach all documents to be used on the motion.

 

Evidence shall be presented through sworn statements unless the Board permits otherwise.

16.3 The motion, with all supporting materials, shall be delivered to all parties at least 4 days before the motion is to be heard. The notice of motion shall be filed, with a Certificate of Delivery (Form 2) on each party, with the Manager of Hearings at least 3 days before the motion is to be heard.

 

16.4 A responding party shall deliver any materials it intends to rely on in response to the motion to all parties and file them, together with a Certificate of Delivery on each party, with the Manager of Hearings at least 2 days before the motion is to be heard. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

Form 4 again reinforces the practice directions for delivery and filing of the Notice of Motion:

[A party] must obtain a date for your motion from the Manager of Hearings before [it] deliver[s] the Notice to the parties and file it with the Hearings Department. Certificates of Delivery on the parties to the proceeding must accompany the Notice of Motion when it is filed. (The Alcohol and Gaming Commission of Ontario: Form 4 Notice of Motion, 2010).

Form 5 – Notice of Constitutional Question

Rule 17 of the of the AGCO’s Rules of Practice outlines the procedure that parties must abide by if seeking to challenge the constitutional validity or applicability of any law or regulation. The procedure for raising constitutional questions can be found in Rule 17.1 and its corresponding Form.

The directions for submitting and filing a constitutional challenge according to Form 5 are:

Where a party intends to challenge the constitutional validity or applicability of any law, regulation or rule the party must deliver a Notice of Constitutional Question to all parties in the proceeding as well as the Attorneys General of Ontario and Canada and file it, together with Certificates of Delivery, with the Manager of Hearings at least 15 days before the day on which the challenge is  to be argued before the Board. (The Alcohol and Gaming Commission of Ontario: Form 5 Notice of Constitutional Question, 2010).

Additionally, the subsections found in Rule 17.1 of the Rules of Practice state the requirements for submitting the constitutional challenge:

(i) obtain a date for argument of the challenge from the Manager of Hearings:

(ii) complete and deliver a Notice of Constitutional Question (Form 5) to the parties and the Attorneys General for Ontario and Canada; and,

(iii) file the Notice of Constitutional Question with a Certificate of Delivery on each party and the Attorneys General. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

 

Some Rules have practice directions without accompanying forms. An important practice direction can be found in Rule 18.1 of the AGCO’s rule of practice. Parties can make requests for adjournment and Rule 18.1 states the protocol for submitting such a request:

 

18.1 A request for an adjournment must be in writing and must include the following:

(a) written consent to the adjournment from any, or all, other parties or their representative;

(b) the reasons for the request; and,

(c) at least 2 alternative hearing dates within 60 days of the date to be adjourned. (The Alcohol and Gaming Commission of Ontario: Revised Rules of Practice, 2008, p. 13)

 

Additionally, there are times when individuals need to make applications to the Board, for example for licences, but the Board decides not to grant a licence. The individual can then choose to file an appeal as recourse. The Registrar of Alcohol and Gaming can issue a Notice of Proposed Order (NOPO)/Notice of Proposal (NOP) and an Order of Monetary Penalty (OMP). The procedure for requesting a hearing or appeal of either the NOPO/NOP or OMP requires that the individual or party must submit a written request for a hearing or/appeal by mail or fax to the AGCO within fifteen (15) days from the date of receiving the NOP or OMP. The AGCO website provides a ‘Hearing Request’ form and a ‘Filing an Appeal’ form for those who wish to request a hearing or make an appeal.[5]

 

However, a party cannot appeal the Board’s decision after a hearing has taken place due to the   privative clause of the AGCO, which can be found in its enabling legislation, the Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, Chapter 26, Schedule 1, wherein section 14(7) states that “A decision of the board under subsection (6) is final and not subject to appeal to the Divisional Court under section 11.” Subsection (6) of the AGRPPA refers to circumstances under which a monetary penalty has been applied and confirmed upon completion of the hearing. Therefore, once the Board has confirmed that a monetary penalty must be paid by the party, the party has no further avenue of appeal.

Literature by the body

The AGCO provides the public with publications and resources to increase public awareness and understanding of the liquor laws, changes in gaming policies, AGCO procedures and regulations as well as decision summaries from public hearings.[6] One example of a publication made available by the AGCO is its resource Guide for Staff Liquor Sales Licensed Establishments. The 2010 publication entitled “You and The Liquor Laws” serves as a learning and teaching aide for employees of liquor sales licensed establishments to ensure that they abide all laws and regulations set out by the AGCO. The guide also highlights the discretionary powers of AGCO officers and the duties of licensed establishment staff.

 

 

Works Cited

 

Alcohol and Gaming Commission of Ontario. (2011). Retrieved from

http://www.agco.on.ca/en/home/index.aspx

 

Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, Chapter 26.

Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96a26_e.htm

 

Gaming Control Act, 1992, S.O. 1992, Chapter 24. Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_92g24_e.htm

 

Liquor Licence Act, R.S.O. 1990, Chapter L.19. Retrieved from

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm#BK73

[1] From “About: Overview”, Alcohol and Gaming Commission of Ontario (2011).

[2] From “About: Key Activities”, Alcohol and Gaming Commission of Ontario (2011).

[3] From “About: Organizational Structure”, Alcohol and Gaming Commission of Ontario (2011).

[4] From “Accessibility: Ontario Public Service Accessible Customer Service Policy”, Alcohol and Gaming Commission of Ontario (2011).

[5] From “Hearings & Appeals: Alcohol Hearings/Appeals; Gaming Hearings/Appeals”, Alcohol and Gaming Commission of Ontario (2011).

[6] From “AGCO Publications”, Alcohol and Gaming Commission of Ontario (2011).

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Human Web page

a website webpage being built

Is the advent of a website really that unique? Or is it perhaps just a refined and highly technological expression of the human being. Every person is a walking, talking and thinking website – in a manner of speaking – a Human Web Page.

A website has main page or landing page, has various links, internal and to other related websites. A website is a part of network of websites. This interlocking and connectedness gives it a higher priority on Search Engines, than it would otherwise have on it is own. How is this phenomenon much different from the human condition. For “man does not exist as an individual, but rather as a part of his surrounding society” (Kaplan, p.23: Faces and Facets; 1996). Does this revelation perhaps gives credence to the structure of the interconnectedness that gives a website its presence and ranking on the Internet?

Being promoted on Facebook, Twitter, LinkedIN, StumbleUpon, Tumblr, Reddit, Pinterest and many other possible social media outlets does ensure the popularity of a website, which in turn effects its ranking. Likewise a person’s communication and relationships with others determines their popularity and their social value. A person may be promoted by the associations, clubs, fraternities and volunteer groups to which one is member. Membership in actual club or such similar, however requires a greater commitment in terms of time and responsibilities, than does being a member of a social media website. Sharing of articles online is one form of contributing to the global community, whereas sharing information directly with friends or colleagues requires finesse and presentation skills in addition to content.

How is a person known to others? A person is represented by words that are used to describe them and of course there are specific points of note for each unique individual. The words used to explain a person, perhaps as a general introduction to a stranger at first meeting, are there own descriptive factors. Likewise a website and its of its pages contains keywords, a description and a Meta Tag, which orders the keywords and description in a set format.

Moreover, there are features of person such as how they style their hair and how they wear their clothes. These are not much different from how a website display pictures to highlight its purpose and meaning. A website is recent version of expression for humans, yet its functioning processing on the Internet is not unlike the way a person functions in the world.

 

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Aaron Kates | Mortgage Agent of Northwood Mortgage Ltd. (License #10349) | 7676 Woodbine Avenue, Suite 300 | Markham, Ontario | L3R 2N2, Canada
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Located in Markham Ontario, the office of Aaron Kates Mortgage Agent of Northwood Mortgage Ltd. (License #10349) represents clients throughout Canada, including, but not limited to the cities of Toronto, Vancouver, Edmonton, Calgary, Mississauga, Markham, Vaughan, Richmond Hill, North York, Scarborough, Brampton, Etobicoke, Oakville, Milton, Burlington, Guelph, Kitchener, Waterloo,  Cambridge, London, Hamilton and Niagara Falls.

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