Appeal

A person or publisher who is subject to an order under this section may appeal under section 179(1) of the Fair Trading Act within 30 days after being notified in writing of the decision or order or being given the notice of administrative penalty.

Pursuant to section 180(4) of the Fair Trading Act: “service under section 179(1) of a notice of appeal of an administrative penalty operates to stay the administrative penalty until the appeal board renders its decision on the appeal or the appeal is withdrawn.”

Appeal

“179(1)  A person

(a) who is refused a licence or renewal of a licence,

(b) whose licence is made subject to terms and conditions,

(c) whose licence is cancelled or suspended under section 127,

(d) to whom an order under section 129 or 157 is directed, or

(e) to whom a notice of administrative penalty is given under section 158.1(1)

may appeal the decision, order or administrative penalty by serving the Minister with a notice of appeal within 30 days after being notified in writing of the decision or order or being given the notice of administrative penalty.

(2)  The Minister must, within 30 days after being served with a notice of appeal under subsection (1) and payment of the fee for the appeal as established by the regulations, refer the appeal to an appeal board appointed in accordance with the regulations or to an appeal board designated under subsection (4).

(3)  The Minister may appoint an individual as the chair of the appeal board who serves as the chair whether or not an appeal is being considered by the appeal board.

(4)  The Minister may designate a board or commission established by or under an Act of the Legislature to be an appeal board for the appeals specified in the designation.

(5)  The Minister may set the time within which an appeal board is to hear an appeal and render a decision and may extend that time.

(6)  An appeal board that hears an appeal pursuant to this section may confirm, vary or quash the decision, order or administrative penalty that is being appealed.

(7)  The Minister may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set the rates of remuneration for and provide for the payment of reasonable living and travelling expenses to the members of an appeal board.

(8)  An appeal under this section is a new trial of the issues that resulted in the decision, order or administrative penalty being appealed.”

Appeal decisions are made public by the director under s.16 of the Appeal Board Regulation.

View appeals