Understanding Appeals Commission Procedures

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What powers does the Appeals Commission have in relation to providing services?

Enforce safety regulations in all workplaces.

Implement disciplinary actions against employers.

Establish programs for independent advice and advocacy services. (correct)

Regulate the salary of employers and workers.

Which industries are exempt from the application of the Act?

Only government sectors.

Industries designated by the regulations as exempt. (correct)

All industries in Alberta.

Industries with fewer than ten employees.

What is required for an employer in an exempted industry to make the Act applicable to their workers?

Consult with the Ministry of Labor.

Gather a petition from their employees.

Apply to the Board for an order declaring applicability. (correct)

Submit a request to the Appeals Commission.

Which class of persons is specifically mentioned for potential application of the Act?

Persons engaged voluntarily in public interest activities. Signup and view all the answers

How does the Board make decisions regarding the applicability of the Act?

On terms and conditions it considers appropriate. Signup and view all the answers

What criteria must be met for the Board to declare the Act applies to workers in certain situations?

Involvement in emergency or disaster management. Signup and view all the answers

What must the definitions of 'disaster' and 'emergency' align with?

The Emergency Management Act. Signup and view all the answers

Which of the following is NOT a function of the Appeals Commission?

Establishing financial programs for employers. Signup and view all the answers

What is the maximum time frame to submit a written notice of appeal after a decision under section 9.4?

1 year Signup and view all the answers

Under what condition may the deadline for filing an appeal be extended?

If there is a justifiable reason for the delay Signup and view all the answers

What authority does the Appeals Commission have during the proceedings?

To state questions of law or jurisdiction for the Court of King’s Bench Signup and view all the answers

How does the Board respond to a decision made by the Appeals Commission?

It is bound by the decision. Signup and view all the answers

What is the latest a decision by the Appeals Commission should be implemented if no timeframe is specified?

As soon as possible, but no later than 30 days Signup and view all the answers

Who can appeal a decision made by the Appeals Commission?

The Board and any person with a direct interest Signup and view all the answers

What happens if there is a decision made under subsection (9)?

There is no appeal from that decision. Signup and view all the answers

How does the Appeals Commission share its decisions with the public?

By publishing copies on its website Signup and view all the answers

What is the presumption about a disease or condition affecting a worker?

It is deemed to be caused by their employment unless proved otherwise. Signup and view all the answers

When is the date of an accident considered in the case of actual disablement?

The date the disablement occurs. Signup and view all the answers

What does the Appeals Commission do if it links a disease to someone's employment?

Informs the Board about the potential link. Signup and view all the answers

Which of the following best defines a full-time firefighter?

An employee assigned specifically to fire protection duties. Signup and view all the answers

Which definition applies to a part-time firefighter?

A casual member of a fire protection service. Signup and view all the answers

What must occur for a condition to be deemed linked to employment?

An assessment from the Appeals Commission must be conducted. Signup and view all the answers

Which of the following terms refers to someone working part-time in fire protection?

Part-time firefighter Signup and view all the answers

In case of potential disablement, when is the accident date considered?

Once the Board is made aware of it. Signup and view all the answers

Which of the following individuals is defined as a 'first responder'?

Firefighters, paramedics, peace officers, and police officers Signup and view all the answers

Who is authorized to use the title 'physician' under the Health Professions Act?

A regulated member of the College of Physicians and Surgeons of Alberta with a valid practice permit Signup and view all the answers

What does 'psychological injury' refer to?

A psychological disorder that meets diagnostic criteria from the DSM Signup and view all the answers

What is the definition of 'correctional officer' according to the provided content?

A peace officer referenced in the Corrections Act Signup and view all the answers

Which of the following correctly describes the term 'firefighter'?

Full‑time and part‑time firefighters as per the defined terms Signup and view all the answers

What is 'post-traumatic stress disorder' as defined here?

A mental health condition defined in the DSM by the American Psychiatric Association Signup and view all the answers

Which professional is designated as a 'paramedic'?

A regulated member of the Alberta College of Paramedics with a practice permit Signup and view all the answers

Who qualifies as a 'peace officer' as defined in the content?

An individual appointed under the Peace Officer Act authorized to use the title 'Sheriff' Signup and view all the answers

What is the primary source for determining psychological conditions according to the definitions provided?

The most recent edition of the DSM published by the American Psychiatric Association Signup and view all the answers

What action can the Court take if it sets aside the decision of the Appeals Commission?

Refer the matter back to the Appeals Commission for reconsideration. Signup and view all the answers

Under what condition may the Court deny an appeal despite a proven defect?

If the defect relates to a technical irregularity with no substantial wrong. Signup and view all the answers

What can the Court order regarding the costs of the appeal?

Costs can be awarded as the Court considers appropriate. Signup and view all the answers

If a consensual resolution process is conducted by the Appeals Commission, what happens to the statements made during this process?

They cannot be admitted as evidence without the person's consent. Signup and view all the answers

What type of appeal lies from a decision of the Court under this section?

An appeal to the Court of Appeal. Signup and view all the answers

Study Notes

Appeals Commission

Appeals must be made in writing to the Appeals Commission within one year of the review body's decision.
The Chief Appeals Commissioner can extend the deadline with a justifiable reason.
There is no appeal from a decision made about extending the deadline.
The Appeals Commission can refer questions of law or jurisdiction to the Court of King's Bench.
The Appeals Commission must publish its decisions on its website.

Board

The Board must act on decisions of the Appeals Commission.
The Board must implement a decision from the Appeals Commission within a prescribed time or, if there is no time specified, within 30 days of being notified.

Appeals to Court of King's Bench

The Board and any person with a direct interest in an Appeals Commission decision can appeal on questions of law or jurisdiction.
The Court can confirm or set aside the decision of the Appeals Commission.
If the Court finds a defect in form or technical irregularity without substantial wrong or miscarriage of justice, it can confirm the decision and order it to take effect from a specified time and on specified terms.
The Court can make an award of costs.
An appeal of a Court decision lies with the Court of Appeal.

Appeals Commission Consensual Resolution Process

Statements or documents provided during a consensual resolution process before the Appeals Commission cannot be used as evidence in other proceedings without consent.

Appeals Commission Programs and Functions

The Appeals Commission can establish programs to provide advice, assistance, and advocacy services to employers and employees.
The Appeals Commission can exercise other powers and carry out other functions provided for in regulations.

Application of the Act

The Act applies to all employers and workers in all industries in Alberta except those exempted by regulations.
An employer in an exempt industry can apply to the board to have the Act apply to their workers.
The Board may, on the terms and conditions they consider appropriate, declare that the Act applies to certain classes of people, including persons temporarily employed to deal with emergencies and volunteers engaged in public interest activities, such as firefighters, ambulance drivers, and ambulance attendants.

PTSD Presumptions

The Act defines relevant terms, including: correctional officer, emergency dispatcher, firefighter, first responder, paramedic, peace officer, physician, police officer, post-traumatic stress disorder, psychological injury, and psychologist.
If a worker suffers disablement from an occupational disease and was employed in an industry or process deemed to have caused the disease within 12 months preceding the disablement, the disease is presumed to have been caused by that employment.
The date of the accident for purposes of occupational disease is deemed to be the date of disablement or the date the potential disablement comes to the Board's attention.
The Appeals Commission can notify the Board if a disease or condition is linked to employment in a particular industry, process, or activity.

Presumption Re Firefighters

The Act defines full-time firefighter, municipality, paramedic, and part-time firefighter.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Dive into the essential procedures related to the Appeals Commission, Board actions, and the appeals process to the Court of King's Bench. This quiz covers the timelines, decision implementations, and the roles of various entities involved in the appeals process. Test your knowledge and ensure you are well-informed on these critical legal procedures.