Appeals

 

Appeals are referred to in Sections 34 and 38 of the Regulated Health Professions Act:

 

Application for registration not approved

34          If an application for registration as a regulated member or regulated associate member is not approved, or is approved subject to conditions, the registrar or board of assessors must

(a) give notice to the applicant in writing, with reasons for the decision; and

(b) advise the applicant of the right to appeal the decision to the council.

Appeal to council

38(1)       A person whose application for registration is not approved, or whose application is approved subject to conditions, may appeal the decision to the council.

How to appeal

38(2)       The appeal must be made by filing a written notice of appeal with the council within 30 days after the person receives notice of the decision under section 34. The notice of the appeal must specify the reasons for the appeal.

Hearing

38(3)       Upon receiving a notice of appeal, the council must schedule an appeal hearing, which must be held within 90 days after it receives the notice.  The council must give the applicant written notice of the date, time and place of the hearing.

Panel may hear appeal

38(4)       The council may delegate its power to hear and decide an appeal to a panel of the council. The panel is to consist of three or more council members, at least 1/3 of whom must be public representatives.

Decision or action of panel

38(5)       A decision or action of a panel is a decision or action of the council in respect of an appeal under this section, and a reference in this section and section 39 to the council includes a reference to the panel.

Right to appear

38(6)       An applicant who appeals a decision is entitled to make representations to the council at the hearing.

Counsel

38(7)        An applicant who appeals a decision is entitled to appear at the hearing with or without counsel.

 Member of council who is also member of board of assessors

38(8)       A member of the council who is also a member of the board of assessors must not participate in the appeal hearing.

Decision by council

38(9)       The council must decide the appeal within 90 days after the hearing, and either dismiss the appeal or make any decision the registrar or board of assessors could have made.

Notice of decision on appeal

38(10)      Within 30 days after deciding the appeal, the council must give the applicant written notice of its decision and the reasons for it.

Appeal to court

39(1)       An applicant may appeal the decision of the council to the court by filing a notice of appeal within 30 days after receiving notice of the council’s decision under subsection 38(10).

Powers of court on appeal

39(2)       Upon hearing an appeal, the court may

(a) dismiss the appeal;

(b) make any decision that in its opinion should have been made; or

(c) refer the matter back to the council for further consideration in accordance with any direction of the court.

 

Council has established the following Practice Direction regarding Appeals.