Appeal Rules
PART 1: FUNDAMENTAL RULES
Division 1
Purpose, Application, and Jurisdiction
Sections
What is the purpose of the rules?
[back to top section]
1.1(1) The purpose of these rules is to establish a timely, fair and independent process for appeals to the Appeals Commission.
(2) These rules govern
- appeals to the Appeals Commission, and
- the practice and procedure applicable to proceedings before the Appeals Commission.
|
Information note |
|
The types of appeals the Appeals Commission can
decide are described in rule 1.3 [What can be appealed to the
Appeals Commission?]. |
What legislation governs the Appeals Commission?
[back to top section]
1.2 The Appeals Commission is required to follow the Workers’ Compensation Act and the regulations made under that Act, including
- the Workers’ Compensation Regulation, AR 325/2002,
- the Firefighters’ Primary Site Cancer Regulation, AR 102/2003, and
- the Medical Panels Regulation, AR 290/2006.
|
Information note |
|
The regulations referred to are the applicable
regulations to December 1, 2007. For the legislation and other
matters governing Appeals Commission decisions, see rule 4.15 [What
controls Appeals Commission decisions?]. |
What can be appealed to the Appeals Commission?
[back to top section]
1.3(1) Subject to the exceptions described in subrules (2) and (3), the Appeals Commission is given exclusive jurisdiction by section 13.1(1) of the Act to examine, inquire into, hear and determine all matters and questions arising under the Act and the regulations in respect of the following:
- appeals from decisions of a review body about compensation payable under the Act;
- appeals from decisions of a review body about an assessment under the Act, including an administrative penalty;
- appeals from a determination of the Board about whether a worker is entitled to compensation under the Act and the regulations;
- any other matter assigned to the Appeals Commission under an Act or by regulation under section 13.1(1)(d) of the Act.
(2) Two of the exceptions to the exclusive jurisdiction of the Appeals Commission follow:
- section 13.2(11) of the Act authorizes the Appeals Commission, at any stage in proceedings before it, to ask the Court of Queen’s Bench for an opinion on a question of law or jurisdiction;
- (b) section 13.4 of the Act permits the Board and any person who has a direct interest in a decision of the Appeals Commission made under section 13.2 of the Act, to appeal the Appeals Commission’s decision to the Court of Queen’s Bench on a question of law or jurisdiction.
(3) The Appeals Commission has no jurisdiction to decide questions of law involving the Canadian Charter of Rights and Freedoms in appeals if the notice of appeal is received on or after April 3, 2006. However, under the Administrative Procedures and Jurisdiction Act and the Designation of Constitutional Decision Makers Regulation, AR 69/2006, the Appeals Commission may decide questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada.
|
Information note |
|
If a party to an appeal intends to raise a
constitutional law question relating to the distribution of powers
under the Canadian Constitution, they must first give written notice
of that intention at least 14 days before the scheduled hearing date
– see rule 3.4 [Notice of constitutional question]. |
|
Questions of law involving the Canadian Charter of Rights and
Freedoms must be referred to the Court of Queen’s Bench. |
Information notes and summary overviews
[back to top section]
1.4 The highlighted Information notes, and the boxed summary overview on the title page of each Part, are inserted only as a reader’s aid, do not form part of these rules or the text to be interpreted, and have no legal effect.
|
Information note |
|
You are reading an information note now. On the
title page of each Part there is a summary of the contents of the
Part. Both the information notes and the summary overviews are
inserted for convenience of reference as a reader’s aid only. |
Waiver of and non-compliance with the rules
[back to top section]
1.5(1) The Appeals Commission may, in a particular case, do either or both of the following:
- waive or vary a time period specified in these rules, whether or not the time has passed or expired;
- waive or vary a rule.
(2) In deciding whether to give a waiver or variance the Appeals Commission must
- take into account the particular circumstances of the case and what would be fair and just, and
- satisfy itself that the particular circumstances justify a waiver or variance of the time period or rule, or both.
(3) The waiver or variance may be made or given subject to terms and conditions, or made or given subject to terms and conditions about future proceedings in the appeal, or both.
(4) This rule applies despite any other rule but does not apply to the Act or regulations under the Act, except when the Act or a regulation so permits.
|
Information note |
|
These rules set out the process to be followed in
the normal course of an appeal. However, the Appeals Commission
recognizes that there may be particular circumstances that justify a
time period being extended, or a rule being varied or waived. This
rule allows that waiver or variance. There are special rules for
extending time limits for filing an appeal in rule 2.4 [Extending
the deadline for filing appeals]. |
Conflict between the rules and Acts and regulations
[back to top section]
1.6 If any of these rules conflict or are inconsistent with an Act or regulation, the Act or regulation prevails to the extent of the conflict or inconsistency.
|
Information note |
|
These rules are intended to complement the Workers’ Compensation Act and its regulations and any other applicable Act or regulation. If there is any conflict or inconsistency between any Act or regulation and the rules, the Act or regulation takes precedence. For conflicts between Act, regulations, rules and practice guidelines, see rule 1.13(2) [Practice Guidelines]. |
Back to Table of Contents
|
