Appeal Rules
PART 2: APPEALS TO THE APPEALS COMMISSION
Division 2
What the Appeals Commission Must
Do After Receiving an Appeal
Sections
Request for the Board’s record
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2.5 When a notice of appeal is filed with the Appeals Commission, the Appeals Commission must
- send a written request to the Board asking the Board to send to the Appeals Commission the record of the matter being appealed within 10 days of the date of the Appeals Commission’s request, and
- assign a member of the Appeals Commission staff to the appeal and send notice of that fact to the parties and other persons as the circumstances require.
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Information note |
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Under rule 1.15 [Communication with Appeals Commission] all communications outside a hearing must be to the staff person assigned. If the staff person assigned the file is away, another staff person will be assigned to attend to the file.
The Board, in accordance with sections 13.2(5) of the Act, must send its record to the Appeals Commission. Section 13.2(5) of the Act reads: |
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(5) Where a decision or determination is appealed, the Board shall, on request, forward to the Appeals Commission
- the records and information in its possession relating to the decision or determination, and
- the written reasons for the decision or
determination.
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Communication with representatives
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2.6 Unless circumstances otherwise require, the Appeals Commission and the staff person assigned to an appeal must communicate with the representative of a party or prospective party, unless no representative has been appointed.
Review of notice of appeal and the Board’s record
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2.7 When the record of the matter under appeal is received by the Appeals Commission from the Board, the notice of appeal must be reviewed by the Appeals Commission to ensure that the information in the notice of appeal is complete and accurate.
Acknowledgment of valid appeal
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2.8 If an appeal is valid, the Appeals Commission must send a letter to the appellant acknowledging receipt of a valid appeal.
Problems with the appeal
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2.9(1) An appeal is invalid if
- the notice of appeal is incomplete because it does not contain or attach all the information required by rule 2.2 [What information an appeal must contain],
- the notice of appeal is inaccurate or incorrect, or
- the notice of appeal is not received in time or within an extension of time permitted under rule 2.4 [Extending the deadline for filing appeals].
(2) If the appeal is invalid but can be corrected, the Appeals Commission must send the appellant written notice of how to correct the appeal or that the appeal must be resubmitted.
(3) The Appeals Commission may refuse to process an appeal unless the appellant corrects the appeal or resubmits it in accordance with the Appeals Commission’s notice.
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Information note |
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The Appeals Commission cannot treat an appeal as a valid appeal unless it follows all the requirements of rule 2.2 [What information an appeal must contain]. The deadline and extensions of the deadline for receiving appeals are contained in rule 2.3 [Deadline for appeals to be received] and rule 2.4 [Extending the deadline for filing appeals].
The only exception to this rule would be if a waiver or variance was obtained under rule 1.5 [Waiver of and non-compliance with the rules]. |
Withdrawal of an appeal
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2.10(1) The appellant may apply to withdraw an appeal by filing with the Appeals Commission, at any time before a decision is signed by the Appeals Commission, a written notice of request to withdraw the appeal.
(2) The Appeals Commission may
- accept the request to withdraw the appeal if all the parties agree or if no other party objects to the request, or
- if there is an objection to withdrawal of the appeal, decide whether to accept the request.
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