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AR 195/99 APPEAL BOARD REGULATION

(Consolidated up to 78/2016)

ALBERTA REGULATION 195/99

Fair Trading 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

                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 Fair Trading 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.

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.

Notice of hearing

6   Unless section 13 applies, the appeal board responsible for hearing an appeal must send a notice of the time and place of the hearing of the appeal to the appellant’s address for service and to the Director.

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   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.

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 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.

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, 2018.

AR 195/99 s17;108/2002;69/2012;108/2015;78/2016

Coming into force

18   This Regulation comes into force on September 1, 1999.