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AISH Program Policy

Published Date: April 03, 2017
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Appeals

After the Appeal Hearing

AUTHORITY

Originating Application for Judicial Review, Rules 3.15-3.24 and Form 7 (Alberta Rules of Court Forms)

INTENT

To inform parties of the Appeal Panel’s decision and what options are available if a party is not satisfied with the decision.

POLICY

Appeal Panel Decision

After the hearing, the Appeal Panel deliberates and considers the information provided by both parties and comes to a decision. Once the decision has been finalized, each party to the appeal is provided with a written decision (Appeal Report) that explains the reasons for their decision.

The decision is final and the Appeal Panel has no jurisdiction to rehear an appeal once it has made a decision, unless ordered to do so by a Justice of the Court of Queen's Bench as a result of a judicial review.

The following information is included in the Appeal Report:

  • The decision – The ruling made by the Appeal Panel about the decision(s) the Appellant has appealed. If the panel reverses or varies a decision of the Director, the report will outline all components and any restrictions. Restrictions may include: cost, frequency, time limitations, etc.
  • Facts considered – The facts or evidence on which the Appeal Panel based its decision, presented by the Appellant, any witnesses, and the Director's Representative.
  • Reasons for decision – The justification for the decision reached by the Appeal Panel on the decision(s) appealed and the authority for the decision.

For more information about the appeal process and the Appeal Report, see the Appeals Secretariat website.

Judicial Review

A decision of the Appeal Panel is final and is the last step in the appeal process. However, Appeal Panel decisions may be subject to a judicial review by the Alberta Court of Queen’s Bench if any party to the appeal believes the Appeal Panel committed an error of law and/or an error of fact.

If the Court finds that the Appeal Panel committed an error of law, it can refer the matter back to the Appeal Panel for a re-hearing. If it is determined that no error of law or fact was committed by the Appeal Panel, the matter is dismissed.

An application for judicial review must be made within six months after the date the Appeal Panel made its decision.,

Office of the Ombudsman

If an Appellant believes that they did not receive administrative fairness, they can contact the Office of the Ombudsman. This Office determines administrative fairness and investigates and responds to complaints of unfair treatment by provincial government authorities and some professional organizations. However, they cannot overturn an Appeal Panel decision.