Appeal Rules
6. Technical Rules
Summary overview of this Part:
This Part describes how documents are to be filed with the Appeals
Commission and describes how documents may be sent to parties. The
Part also permits the Appeals Commission to specify an alternative
method of sending documents if the prescribed methods will not work,
or of dispensing with sending the document altogether if the
circumstances warrant.
The chief appeals commissioner is authorized to prescribe forms for
the rules and the rules permit the information in prescribed forms
to be provided in other ways. |
|
Information note |
| Defined words: Words and phrases
used in this Part that have meanings defined in the Appendix
[Definitions] include |
• appeal
• Appeals Commission
• chief appeals commissioner
•
file
|
• party
• prescribed form
• rules |
PART 6: TECHNICAL RULES
Sections
Filing documents with the Appeals
Commission [back to top section]
6.1(1)
A document is filed under
these rules when it is received in an office of the Appeals Commission.
(2) A document may be received by the Appeals Commission
by
- ordinary, registered or double registered mail;
- fax;
- personal delivery of a document, or by a courier or messenger.
(3) A person who files a document with the Appeals
Commission must
- include their name, address, and telephone number and the name and claim
number to which the document relates, and
- direct the document to the attention of the Appeals Commission staff member
assigned to the appeal.
Service of court documents on the Appeals Commission [back to top section]
6.2 To be a valid appeal, the notice of appeal must
- the chief appeals commissioner,
- a vice-chair of the Appeals Commission,
- legal counsel for the Appeals Commission, or
- by other means prescribed by the Alberta Rules of Court.
Sending documents [back to top section]
6.3(1) A document permitted or required to be sent by the Appeals
Commission or by a party under these rules may be
- sent by ordinary, registered or double registered mail;
- sent by fax;
- delivered personally or by a courier or messenger;
- sent by any other means approved by the Appeals Commission.
(2) A person who sends a document to a party must state the sender’s
name, address and telephone number, and the name of the claim number to which
the document relates.
(3) If sending a document by a method described in subrule (1) is
impracticable or impossible, the Appeals Commission may give directions for
substitutional service, or dispense with sending the document, as it considers
appropriate.
Presumption that documents sent are received [back to top section]
6.4 A document that is permitted or is required by these rules to be sent
to a person is properly sent and presumed to have been received if
- it is sent by a method described in rule 6.3(1) [Sending documents], and
- is sent to the last known postal address or fax number provided by that
person for receiving documents related to an appeal.
Change of address [back to top section]
6.5(1) A party must file with the Appeals Commission and send to every
other party notice of any change of postal address, or any change of telephone
or fax numbers.
(2) The notice must be in writing and filed and sent not later than 10
days after the change occurs.
Prescribed forms [back to top section]
6.6(1) The chief appeals commissioner is authorized to prescribed forms
for use under these rules.
(2) Even though these rules require a prescribed form to be used, it is
sufficient if all the information required by the form is provided without using
the form itself.
(3) A prescribed form may be altered as the particular circumstances of
an appeal require.
Interpretation Act [back to top section]
6.7 The Interpretation Act applies to these rules.
|
Information note |
| The Interpretation Act contains rules for
interpreting legislation, including, for example |
| |
• singular includes the plural
• the counting of time
• when documents sent by mail are deemed to have been received. |
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