How to Ask for and Present Your Appeal:
Frequently Asked Questions

If you disagree with the decision or order of the Executive Director, you can appeal. This information is designed to help you decide whether or not you should appeal. It will help you to prepare and support your case if you decide to ask for an appeal hearing. It is important that: 

  *  you understand the appeal process,
  *  you know how to present your case, and
  *  you present evidence and witnesses to support you.


It is up to you to prepare and present the best information and credible witnesses at your hearing.

Please refer to:
How to Make an Appeal of the Executive Director's Decision or Order: A Step by Step Checklist

Who can ask for a hearing?
You are entitled to a hearing by the Board if you received a letter from the Executive Director of the MGCC about a decision or order regarding:

• a licence or registration;
• the imposition of terms and conditions on a licence, registration, or technical integrity game approval; or
• a patron dispute.

 

What is a hearing?
A hearing is an opportunity for you to present your side of the story to members of the MGCC's Board of Commissioners - which will, after hearing all sides of the case, make a final and binding decision.
A minimum of two Commissioners will conduct the hearing. Hearings are formal, but the Commissioners will make the process as easy as possible.

What happens at a hearing?
You will have an opportunity to present your case.

• You can speak on your own behalf, or you may ask a lawyer or another person to represent you and speak on your behalf.
• You, or your representative, will need to present factual information, for example, evidence such as documents and witness testimony or character references.
• You will be able to ask the Executive Director questions about the order or decision.
• You may be asked questions about your case and the information you present.

The Executive Director will also have an opportunity to present his/her case. He/she will be represented by a lawyer and will present evidence, such as documents and witnesses to support the decision. There will be an opportunity for both sides to question evidence brought forward, and the Commissioners may also ask questions.

The rules for all hearings are established by Parts 6 and 7 of The Gaming Control Act, and by Part 6 of MGCC Regulation. Click on this link or you can ask the MGCC for a copy.
What happens after the hearing?
The Commissioners will consider all the evidence submitted to them, and will then make a legally binding written decision.
How do I ask for a hearing?
You must complete the hearing application included with the letter, and send it to the MGCC within 30 days of receiving the Executive Director's order or decision. You can request an extension to the 30 day time limit for filing an appeal. A request for an extension should be made in writing.
How Should I Prepare for My Hearing?
You, or your representative, must be ready to present your case. You will need to explain why you think the Executive Director's decision is wrong. To support your case, you may:

• give evidence yourself;
• ask witnesses to give evidence about specific facts or your character; and
• present relevant documents, photographs, receipts, letters or other printed material.

It is in your best interest to bring as much factual information regarding the case as you can.
What is evidence?
It is important to bring evidence to prove your case. The Commissioners hearing your case will make their decision based on the information presented at the hearing.
Evidence is given when:

• you testify on your behalf;
• credible witnesses, with relevant knowledge, testify on your behalf, for example regarding facts about your case, and/or character or professional references relevant to your appeal; and
• you present documents that support your appeal.

What is a witness?
A witness is a credible person with direct knowledge of any event that may support your case. Witnesses will have to swear or affirm that their evidence is truthful. You are responsible for arranging for your witnesses and for ensuring they attend the hearing.

Can I see the MGCC's file on my case?
Before the hearing date, the MGCC will send you a copy of the information used by the Executive Director to make the decision or order. This information will help you to prepare your case.

Can I ask questions about my file before the hearing?
Yes. If you have any questions, please call the person who sent you your file. His or her name and contact information are on the letter attached to your file.

Where will my hearing be held?
Hearings are usually held in person, often at the MGCC's offices in Winnipeg. Hearings may be held in another community when this can be arranged, or by a written submission, telephone or video conference when necessary. When you request the hearing you can state your preference at that time.

When will my hearing be held?
The Gaming Control Act requires that your Hearing be held within 30 days of the MGCC receiving your application. You will be notified of your hearing date within seven to ten days of submitting your application.
After receiving the date, time and place of the hearing, you must confirm in writing that you will attend. Tell the MGCC immediately if your address or phone number changes - this is very important. We must be able to contact you about your hearing.

What if I am unable to attend the hearing on the set date?
If you, your witnesses, or your representative cannot attend on the date arranged, you can ask to reschedule the hearing. You must contact the MGCC in writing as soon as possible and explain why you, your witnesses, or your representative cannot attend and suggest alternate dates. While efforts will be made in most cases to reschedule, the authority to grant adjournments rests with the Board. If you do not appear on the set date, the hearing may go ahead without you.

Who attends a hearing?
In addition to the Board and its lawyer, the hearing will be attended by you, your representative, the Executive Director and lawyer, any witnesses and a court reporter who records the hearing.

Hearings are open to the public, unless there is a good reason for the hearing to be held in private. The criteria for a closed hearing is based on Section 41(3) of The Gaming Control Act, and includes disclosure of personal or financial information, criminal or civil legal cases and matters of security.

What should I do if I change my mind and I no longer want a hearing?
If you change your mind, you must notify the MGCC in writing that you no longer want to have a hearing.

What if I need an interpreter?
If you need a French language interpreter, you must advise the MGCC in advance of your hearing, and the MGCC will provide one for you. If you need an interpreter for any other language, arranging and paying for an interpreter will be your responsibility.

What will happen at my hearing?
You and the Executive Director will have the opportunity to present your cases. The hearing is conducted in a formal, organized manner to give all parties the opportunity for a fair hearing. Unlike a court, the Board doesn't have to follow strict rules of evidence and places more weight on understanding the facts than on procedural technicalities.

A hearing usually follows this pattern:

• The reasons for the decision or order by the Executive Director are clearly stated at the beginning of the hearing.
  
  
• All participants who give evidence, including you, the Executive Director and all witnesses will be asked to swear under oath or affirm that the evidence is true.
  
  
• When it is your turn to present your case, you or your representative must explain why you think the decision or order should be overturned or changed. This is your chance to present your evidence. This includes testifying on your own behalf, having credible witnesses testify for you and presenting your documents.
  
  
• You and/or your witnesses will probably be cross-examined (asked questions) by the lawyer for the Executive Director.
  
  
• The lawyer for the Executive Director may present evidence to support the decision or order.
  
  
• You or your representative may challenge any evidence and cross-examine any witnesses presented by the Executive Director.
  
  
• Following the presentation of evidence, you or your representative will have the opportunity to once again state why the evidence supports your case. The lawyer for the Executive Director will have the same opportunity.
  
  
• You or your representative must summarize how your evidence supports your case and show that the decision or order should be overturned or changed.
  
  
• The lawyer for the Executive Director then summarizes how the evidence supports the Executive Director's decision and may challenge points made in your summary.
  
  
• You or your representative may then respond to any points made by the lawyer for the Executive Director.
  
  
• The hearing will then be over.

When will I hear of the Board's decision?
The Board usually writes its decision as soon possible after the hearing. The written decision will be mailed to you.

What if I don't agree with the Board's decision?
The Board's decision is final and binding on you and on the Executive Director. It may only be reviewed by the Court of Queen's Bench on the grounds that:

• the Board committed an error of jurisdiction with respect to its determination or order;
• there was a breach of the principle of natural justice or the principle of fairness; or
• there was an error of law on the determination or order made.

 

If you want to appeal the Board's decision, you must apply to the Court of Queen's Bench within 60 days of the Board's decision. If you want to do this, you may wish to seek legal assistance.

This information is intended for the general guidance of people or organizations who want to appeal a decision or order of the Executive Director of the MGCC. Appeals and hearing procedures are subject to The Gaming Control Act and Gaming Control Regulations.

How do I contact the MGCC about an appeal?

• Secretary to the Board of Commissioners
• 200-215 Garry Street, Winnipeg, R3C 3P3
• 954-9452 or 1-800-782-0363 (Phone)
• 954-9452 (Fax)
• appeals@mgcc.mb.ca

This information is intended only for the general guidance of people who want to appeal their denial of registration or approval by the MGCC. Appeals of registration or approval are subject to The Gaming Control Act, Gaming Control Regulations and the MGCC's policy directives

 

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