Key Takeaways
- Engineering, architecture and veterinary misconduct orders are paused until the appeal ends (PEA, s. 29(2); Architects Act, s. 34(9); Vet Act, s. 32(2)).
- Incompetence and serious-neglect orders in those regimes take effect immediately unless the court orders otherwise.
- Teacher, ECE and social work orders take effect despite appeal (OCT Act, s. 35(5); ECE Act, s. 38(5); SWSSW Act, s. 31(5)).
- LAT and FST orders take effect immediately, but stays can be sought.
Automatic Pauses
Under the engineering, architecture and veterinary statutes, licence orders based on professional misconduct do not take effect until the appeal period ends or the appeal is decided, unless the committee orders otherwise to protect the public (PEA, s. 29(2); Architects Act, s. 34(9); Vet Act, s. 32(2)).
Immediate Effect
Health college orders for incompetence, incapacity and certain sexual abuse findings take effect immediately (Code, ss. 71, 71.1). Teacher, ECE and social work orders are not stayed by appeal. LAT and FST orders take effect immediately, but the Tribunal or court may grant a stay (e.g. MVDA, s. 9(9); MBLAA, s. 21(6); LAT Act, s. 5.1(5)).
Seeking a Stay
Where a stay is available, bring the request quickly, with evidence of the harm you will suffer and how public protection can be maintained, such as through interim conditions.
Frequently Asked Questions
Who decides a stay?
Depending on the statute, the tribunal that made the order or the court hearing the appeal.
Can conditions be attached to a stay?
Yes in some regimes. The Law Society Act allows the court to impose terms when staying an order (s. 49.41(2)).
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Professional Engineers Act, s. 29 — Checked November 10, 2026.
- Architects Act, s. 34 — Checked November 10, 2026.
- Veterinarians Act, s. 32 — Checked November 10, 2026.
- Health Professions Procedural Code (RHPA, Sched. 2), ss. 71, 71.1 — Checked November 10, 2026.
- Ontario College of Teachers Act, 1996, s. 35 — Checked November 10, 2026.
- Early Childhood Educators Act, 2007, s. 38 — Checked November 10, 2026.
- Social Work and Social Service Work Act, 1998, s. 31 — Checked November 10, 2026.
- Motor Vehicle Dealers Act, 2002, s. 9 — Checked November 10, 2026.
- Mortgage Brokerages, Lenders and Administrators Act, 2006, s. 21 — Checked November 10, 2026.
- Licence Appeal Tribunal Act, 1999, s. 5.1 — Checked November 10, 2026.
- Law Society Act, s. 49.41 — Checked November 10, 2026.