This regulation sets out the appeal process for certain decisions, including what must be in a notice of appeal, how information is shared, and how the appeal board conducts hearings.
Appeals Procedure Regulation, M.R. 34/2013 The Apprenticeship and Certification Act , C.C.S.M. c. A110 Regulation 34/2013 Registered March 27, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Jurisdiction of appeal board 3 Secretary 4 Notice of appeal 5 Disclosure 6 Appeal board to hear appeal 7 Procedure 8 Repeal Definitions 1 The following definitions apply in this regulation. "Act" means The Apprenticeship and Certification Act . («  Loi  ») "appeal board" means an appeal board appointed under subsection 41(2) of the Act. (« commission d'appel ») "appellant" means a person who may appeal a decision of the executive director. (« appelant ») "parties" means the parties to an appeal, and includes the appellant and the executive director. (« parties ») Jurisdiction of appeal board 2 An appeal board may hear an appeal regarding (a) the matters set out in subsection 41(1) of the Act; and (b) the executive director's decision to cancel, suspend or refuse to renew a person's authorization to practise. Secretary 3 The minister may designate an employee of the government who is under the administration of the minister to act as secretary to an appeal board for the purpose of administering appeals. Notice of appeal 4 A person who files an appeal under section 41 of the Act must include the following in the notice of appeal: (a) his or her name and address; (b) a copy of the decision of the executive director that he or she wishes to appeal; (c) concisely stated reasons for the appeal. Disclosure 5(1) The secretary must provide a copy of a notice of appeal to the executive director, who must then promptly give the secretary (a) the information on which the executive director made the decision being appealed; and (b) any other information the executive director thinks might be relevant to the appeal. 5(2) The secretary must (a) forward a copy of the information received from the executive director to the members of the appeal board; and (b) give the appellant a reasonable opportunity to examine and copy that information. Appeal board to hear appeal 6(1) The appeal board must begin the hearing at the date, time and place set out in the notice given under subsection 41(5) of the Act. 6(2) The appeal board may confirm a decision made by the executive director without holding a hearing if the appeal board is of the opinion the appeal is frivolous, vexatious, or does not comply with the requirements of section 4. Procedure 7(1) Subject to the provisions of this section, the appeal board may establish its own rules of practice and procedure. 7(2) The appeal board is not bound by the rules of evidence that apply to judicial proceedings. 7(3) A hearing may be held by means of a conference telephone call, or by another method of communication that permits the appeal board and the parties to communicate with each other simultaneously. 7(4) At the appellant's request, another person may communicate with or appeal before the appeal board on the appellant's behalf. 7(5) A hearing before an appeal board is open to the public unless the presiding officer considers it to be in the public interest to direct that the hearing be closed to the public. 7(6) The appeal board may adjourn a hearing when it considers it appropriate to do so. 7(7) If a hearing is adjourned, the appeal board must give written notice of the date, time and place of the continuation of the hearing to the parties at least five days before the hearing date, unless that information is announced at the time the adjournment is announced at the hearing. Repeal 8 The Appeals Procedure Regulation , Manitoba Regulation 31/2003, is repealed.