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AR 58/99 APPEAL RULES REGULATION

(Consolidated up to 162/2017)

ALBERTA REGULATION 58/99

Apprenticeship and Industry Training Act

APPEAL RULES REGULATION

Table of Contents

                1      Definitions

                2      Provisions governing appeals

                3      Notice of appeal

                4      Notification of hearing


                5      Time to hear appeal

                6      Adjournment

                7      Attendance of witnesses

                8      Right to attend hearing

                9      Representation by counsel

              10      Right to make representations

              11      Evidence

              12      Record of proceedings

              13      Absence of party

              14      Interim order

              15      Decision of appeal board

              16      Appeal without hearing

              17      Rules of Court

              18      Repeal

Definitions

1   In this Regulation,

                               (a)    “Act” means the Apprenticeship and Industry Training Act;

                              (b)    “appeal board” means an appeal board appointed under section 45 of the Act.

Provisions governing appeals

2(1)  In addition to the provisions of the Act governing the conduct of appeals under Part 4 of the Act, sections 3 to 17 of this Regulation also apply to those appeals.

(2)  Notwithstanding section 43(c) of the Act and this Regulation, a refusal by the Executive Director to register a contract of apprenticeship on or after the date on which the designation of the trade to which the contract relates is rescinded, or the branch of the trade to which the contract relates is repealed, is not subject to appeal.

(3), (4)  Repealed AR 162/2017 s2.

AR 58/99 s2;142/2005;95/2009;222/2014;162/2017

Notice of appeal

3   A notice of appeal must set out

                               (a)    the particulars of the matter being appealed;

                              (b)    the name of the person appealing and the person’s agent, if any;

                               (c)    an address for service for the person appealing.

Notification of hearing

4   Written notice of the date, time and place of the appeal must be sent by or on behalf of the appeal board

                               (a)    to the parties to the appeal, and

                              (b)    to the Minister.

Time to hear appeal

5   An appeal must be heard and a decision made within 60 days from the day that the Minister appointed the appeal board.

Adjournment

6(1)  The granting and duration of an adjournment is in the sole discretion of the appeal board.

(2)  The time limit prescribed in section 5 does not run during a period of adjournment.

(3)  A period of adjournment must not exceed 45 days.

Attendance of witnesses

7   The presiding officer and the other members of an appeal board have the same power as is vested in the Court of Queen’s Bench for the trial of civil actions

                               (a)    to summon and enforce the attendance of witnesses,

                              (b)    to compel witnesses to give evidence under oath or otherwise, and

                               (c)    to compel witnesses to produce any record, object or thing that relates to the matter being heard.

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 counsel

9   A person appearing before an appeal board may be represented by legal counsel or agent.

Right to make representations

10   The parties appearing before an appeal board shall be given adequate opportunity to make representations, present evidence and cross‑examine witnesses, if any.

Evidence

11(1)  An appeal board must accept all evidence it considers relevant.

(2)  An appeal board may take evidence under oath.

(3)  Any member of an appeal board may administer oaths for the  purpose of taking evidence.

(4)  The rules of evidence applicable to judicial proceedings do not apply.

(5)  All oral evidence received must be taken down in writing or recorded by electronic means.

Record of proceedings

12   All the evidence taken down in writing or recorded by electronic means and all documentary evidence and things received in evidence at a hearing form the record of the proceeding.

Absence of party

13   If a party to an appeal fails to appear for the hearing within one hour from the time set out in the notice given under section 4, 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.

Interim order

14   At any time during which a matter is before an appeal board, the appeal board may make any interim order that it considers advisable in the circumstances pending the determination of the appeal.

Decision of appeal board

15(1)  A decision of the majority of the members of the appeal board is the decision of the appeal board and, if there is not a majority, the decision of the presiding officer of the appeal board is the decision of the appeal board.

(2)  Any member of the appeal board who does not concur with the decision, or the reasons for the decision, of the appeal board may render a minority report respecting the appeal.

(3)  The appeal board may, subject to any directions by the Minister, publish its decisions in any manner that it considers appropriate.

Appeal without hearing

16(1)  Notwithstanding sections 4, 8 and 10, with the consent of the parties to an appeal, the consideration of the appeal may be conducted without a hearing being held.

(2)  Where an appeal is conducted under subsection (1),

                               (a)    all matters concerning the appeal may be submitted in writing, or as otherwise directed by the appeal board, to the appeal board, and

                              (b)    the process under which the appeal is considered and determined by the appeal board is deemed to be a hearing.

(3)  Notwithstanding section 5, if a matter is conducted under subsection (1), the decision of the appeal board must be made within 30 days from the day that the parties to the appeal consented to the matter being conducted under subsection (1).

Rules of Court

17   The provisions of the Alberta Rules of Court (AR 124/2010) relating to the payment of allowances to witnesses apply to matters heard under Part 4 of the Act.

AR 58/99 s17;164/2010

Repeal

18   The Appeal Rules Regulation (AR 389/91) is repealed.

19   Repealed AR 162/2017 s3.