Enforcement Order Reconsideration Part 2: Is the reconsideration process fair and efficient?

In Part 1 of this three-part series on the reconsideration process, Alcohol & Advocacy explained the mechanics of the reconsideration process. Now we delve a little deeper.

Six years ago Parliamentary Secretary John Yap submitted his Final Report on liquor law and policy review to the Attorney General and Minister of Justice. His report made 73 recommendations calling for “substantive reforms” to modernize British Columbia’s liquor laws, distilled from his consultations with members of the public and industry stakeholders, albeit limited by his terms of reference. The report in fall can be read here.

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Enforcement Order Reconsideration Process Part 1: How does reconsideration work?

British Columbia’s “new” Liquor Control and Licensing Act, which came into effect January, 2017 introduced a new internal review process for licensees on the receiving end of enforcement orders. This process, called “reconsideration” allows a liquor licensee or permittee to apply to have the decision made against them reconsidered if it meets one of the three 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 basis that a decision may be reconsidered.

Over the course of three articles Alcohol & Advocacy will explore the mechanics of this new procedure.

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