Understanding Appeals Commission Procedures

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.

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.