Appeal Rules

3. Getting Ready for the Hearing

Division 1
Readiness for the Hearing

Certificate of readiness and request for hearing

3.1(1) Every party who wishes to participate in an appeal hearing must file with the Appeals Commission, within 21 days of the date of the letter enclosing the appeal documents package,

1. completed certificate of readiness to proceed in the prescribed form,
   
2. a request for hearing in the prescribed form, containing the information required by rule 3.2 [Request for hearing form], and
   
3. if required, a list of additional documents, with copies of them, on which the party intends to rely or to refer to.

(2) The Appeals Commission may refuse to schedule a hearing date if the appellant,

1. does not file the certificate of readiness to proceed and a completed request for hearing in the prescribed form, or
   
2. does not file or incorrectly files any other form or material.

(4) If the Board or other party

1. does not file a certificate of readiness to proceed or does not apply to the Appeals Commission to extend the 21 day time-limit before it expires, or
   
2. does not file or incorrectly files any other form or material.

1. the party’s preference, with reasons, for either an oral hearing or a documents-only hearing;
   
2. if an oral hearing is preferred, whether that party prefers to attend in-person or through conference telephone call, or some other form of electronic technology allowing persons to hear one another;
   
3. if an oral hearing is preferred, whether that party requests that the proceedings be recorded;
   
4. any special hearing requirements that the party may have;
   
5. whether the party will be calling witnesses and, if so, their names, accompanied by a summary of evidence each witness will give;
   
6. whether an interpreter will be required, and if so identify the language or languages for which interpretation will be required.

Division 2
Constitutional Questions

1. the Attorney General of Canada,
    
2. the Minister of Justice of Alberta and the Attorney General of Alberta, and
   
3. every party.

Referral of constitutional question to the court

3.5(1) Even when proper notice is given under rule 3.4 [Notice of constitutional question], the Appeals Commission may, instead of deciding a constitutional question relating to the distribution of powers, direct the party giving the notice to apply to the court to have the question determined, if the Commission is of the opinion that the court is the more appropriate forum in which to decide the question.

(2) If the Appeals Commission directs a party to apply to the court, the Appeals Commission must adjourn its proceeding, as it relates to the constitutional question, until the court decides the matter.

Division 3
Scheduling the Hearing and Deciding
PRE-HEARING ISSUES AND APPLICATIONS

1. it has received from the appellant a completed certificate of readiness to proceed, a completed request for hearing form, and if required, a list of additional documents and copies of them, and
    
2. there is no unresolved application or issue that should delay the scheduling of a hearing.

1. identification of the issues;
    
2. determination of new evidence or additional evidence, including whether any new medical or other expert evidence is required and the time-frames for the production of that evidence;
   
3. procedural issues, including whether an oral hearing will be convened and, if so, when the hearing should be scheduled, and whether a hearing should be recorded;
   
4. the issue of a notice to attend the hearing or a notice to produce documents, or both;
   
5. an application for an order or direction under any other rule.

1. state why the questioning is required, and
    
2. be submitted to the Appeals Commission not less than 30 days before the scheduled hearing date.

1. the witness could or should attend the hearing,
   
   
2. the evidence sought is not relevant to the appeal, or
   
   
3. an order is inappropriate in the circumstances.

1. state the reasons why the notice is required, including an explanation of why a witness or a document is relevant to the appeal, and
    
2. in the case of a notice to produce documents, describe the documents in sufficient detail that the person to whom the notice is directed is able to identify the requested documents without undue difficulty.

1. the evidence or documents sought are not relevant to the appeal,
    
2. the reason for the request is insufficient, or
    
3. the evidence is already available from another source.

1. apply in writing stating the reason for delaying or rescheduling the hearing, and
    
2. send a copy of the application to every other party, seeking their consent to the application.

1. an appeal cannot be processed because an error, inaccuracy or deficiency has not been corrected, or there is some other non-compliance with the Act, regulations or these rules, and 6 months have passed from the date the Appeals Commission notified the appellant of the error, inaccuracy, deficiency or non-compliance, or
    
2. a hearing date has been delayed or a scheduled hearing date has been cancelled and a hearing date is not re-scheduled and 6 months has passed since the delay or cancellation,

1. extend a period or state a period for an action to be taken;
   
   
2. issue directions with respect to the further processing of the appeal;
   
   
3. schedule a hearing date;
   
   
4. dismiss the appeal for delay in proceeding.
   
   

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