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SPPA - Conflict. Platinum Auto Gallery Inc. v. Registrar, Motor Vehicle Dealers Act
In Platinum Auto Gallery Inc. v. Registrar, Motor Vehicle Dealers Act (Ont Div Ct, 2013) the court held that a tribunal's SPPA authority to make interim orders did not extend to overriding implicit statutory limitations in the parent statute:[4] The power to make an interim order under s. 16.1 of the Statutory Powers Procedure Act and s. 3(2) of the Licence Appeal Tribunal Act [SS: "Except as limited by this Act, the Tribunal has all the powers that are necessary or expedient for carrying out its duties."], does not include the power to override or completely ignore s. 9 of the Motor Vehicle Dealers Act [SS: MVDA]. Section 9(8), which extends the ability of a licencee to carry on business pending a renewal application, only applies if the applicant has applied for the licence “before the expiry of the registrant’s registration”. It is clear in this case that the applicants did not do so, even though the April 27, 2013 expiry date was clear on the Certificate of Registration.SS Comment:
If the competing MVDA provisions [MVDA 9(8)] were other than statutory, the case might raise an interesting paramountcy issue regarding SPPA s.3(2)(h):3(2) This Act does not apply to a proceeding, ...
(h) of a tribunal empowered to make regulations, rules or by-laws in so far as its power to make regulations, rules or by-laws is concerned. . And, regarding:Conflict
32 Unless it is expressly provided in any other Act that its provisions and regulations, rules or by-laws made under it apply despite anything in this Act, the provisions of this Act prevail over the provisions of such other Act and over regulations, rules or by-laws made under such other Act which conflict therewith.
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