Appeal Board Regulation

(Consolidated up to 79/2024) ALBERTA REGULATION 195/99 Consumer Protection Act APPEAL BOARD REGULATION Table of Contents 1 Definitions 2 Formation of appeal boards 3 Jurisdiction of appeal boards 4 Notice of appeal 5 Director as party 5.1 Format of hearing 6 Notice of hearing 7 Adjournments 8 Right to attend hearing 9 Representation by lawyer 10 Hearing open to public 11 Rules of Court 12 Absence of party 13 Appeal without hearing 14 Evidence 15 Decision of appeal board 16 Publication 17 Expiry 18 Coming into force Definitions 1 In this Regulation, (a) “Act” means the Consumer Protection Act ; (b) “appeal” means an appeal referred to in section 179(1) of the Act; (c) “appeal board” means an appeal board referred to in section 179(2) of the Act; (d) “electronic means”, in respect of attending or conducting a hearing of an appeal, means a method of electronic or telephonic communication that enables all persons who are required or entitled to participate in the hearing to hear and communicate with each other instantaneously, including, without limitation, teleconferencing and computer network-based or internet-based communication platforms. AR 195/99 s1;122/2018;111/2021 Formation of appeal boards 2 (1) The Minister is responsible for appointing members to an appeal board. (2) An appeal board is composed of 3 to 5 members. (3) Each appeal board must have a chair designated by the Minister. (4) The chair may not be (a) the Director, (b) an employee of the Department of the Government in which the Director is employed, or (c) a licensee. (5) This section does not apply to an appeal board designated under section 179(4) of the Act. Jurisdiction of appeal boards 3 When the Minister appoints members to an appeal board or designates an appeal board under section 179(4) of the Act, the Minister must specify the appeal or appeals for which the appeal board is responsible. Notice of appeal 4 A notice of appeal referred to in section 179 of the Act must be in writing and set out (a) the appellant’s name, (b) the appellant’s address for service, (c) the decision or order being appealed, and (d) a brief description of the grounds for the appeal. Director as party 5 The Director is a party to every appeal. Format of hearing 5.1 Unless section 13 applies, the chair of the appeal board responsible for hearing an appeal (a) may decide to conduct the hearing in person, by electronic means or by a combination thereof, and (b) if the hearing or part of the hearing is to be conducted by electronic means, may authorize the parties and other participants to attend the hearing by electronic means. AR 111/2021 s3 Notice of hearing 6 Unless section 13 applies, the appeal board responsible for hearing an appeal must send a notice to the appellant’s address for service and to the Director stating the following information: (a) the date and time of the hearing; (b) the location of the hearing or any part of the hearing, unless the entire hearing is to be conducted by electronic means; (c) if the hearing or any part of the hearing is to be conducted by electronic means, the information required for parties and other authorized participants to attend the hearing or that part of the hearing. AR 195/99 s6;111/2021 Adjournments 7 An appeal board may grant an adjournment of a hearing for any period and on any terms it considers appropriate if the appeal board is satisfied that (a) there are compelling reasons for granting the adjournment, or (b) not granting the adjournment would amount to a denial of fairness to one or more of the parties to the appeal. Right to attend hearing 8 The parties to an appeal have a right to attend all hearings held in respect of the appeal. Representation by lawyer 9 A person appearing before an appeal board may be represented by a lawyer. Hearing open to public 10 (1) A hearing before an appeal board is open to the public unless the chair of the appeal board considers it to be in the public interest to direct that the hearing be closed to the public. (2) A hearing or any part of a hearing conducted by electronic means is deemed to be open to the public if the chair enables the public to watch or listen to the hearing or that part of the hearing by any electronic, telephonic or other method the chair considers appropriate. AR 195/99 s10;111/2021 Rules of Court 11 The provisions of the Alberta Rules of Court (AR 124/2010) relating to the payment of allowances to witnesses apply to appeals. AR 195/99 s11;164/2010 Absence of party 12 If a party to an appeal fails to appear in person or by lawyer or other agent, or, where applicable, by electronic means, within one hour from the time set out in the notice given under section 6, the appeal may be dismissed or the hearing conducted and determined in that person’s absence as the appeal board considers proper in the circumstances. AR 195/99 s12;111/2021 Appeal without hearing 13 (1) With the consent of the parties to an appeal, the consideration of the appeal may be conducted without a hearing. (2) Where an appeal is conducted under subsection (1) without a hearing, all matters concerning the appeal must be submitted in writing, or as otherwise directed by the appeal board, to the appeal board not more than 30 days after the parties provide their consent under subsection (1). Evidence 14 (1) An appeal board is not bound by the rules of evidence in judicial proceedings. (2) Evidence may be given before an appeal board in any manner that the appeal board considers appropriate. Decision of appeal board 15 (1) An appeal board must give its decision on an appeal not more than 45 days after the conclusion of the hearing or, if there is no hearing under section 13(1), not more than 30 days after the parties have made their submissions to the appeal board under section 13(2). (2) The time periods in subsection (1) are subject to any time period set by the Minister under section 179(5) of the Act. (3) The decision of an appeal board must be in writing and include reasons. (4) After an appeal board gives a decision, the appeal board must promptly provide a copy of the decision with reasons to the parties to the appeal. Publication 16 The Director may publish the decision of an appeal board in any manner that the Director considers appropriate. Expiry 17 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2029. AR 195/99 s17;108/2002;69/2012;108/2015;78/2016;122/2018; 111/2021;79/2024 Coming into force 18 This Regulation comes into force on September 1, 1999.