Part 5 — Appeals
35 Appeals of stop orders
accommodation operator or home and community care provider
that is served with a stop order may appeal the stop order.
(2) An appeal under subsection (1) must be commenced by
(a) filing an application with the Court, and
(b) serving a filed copy of th e application on the director
within 15 days after the date on which the stop order was served on
the continuing care home operator, supportive living
accommodation operator or home and community care provider.
(3) A judge of the Court may extend the time for filing or serving
an application.
(4) A stop order remains in effect unless the Court orders that it be
stayed pending the disposition of the appeal.
(5) On an appeal under this section, the Court
(a) shall inquire into all matters leading to the issuing of the
stop order,
(b) shall determine whether, in its opinion, there were sufficient
grounds for issuing the stop order,
(c) shall confirm, vary or revoke the stop order, and
(d) may make any other order in respect of matters under this Act
that the Court considers appropriate in the circumstances,
including an order under section 26(1).
(6) This section and section 26 apply in respect of a stop order
regardless of whether
(a) the contravention or failure to comply that gave rise to the
stop order is an offence, and
(b) a continuing care home operator, supportive living
accommodation operator, home and community care
provider or other person has been convicted of the offence.