Appeal Process

The Board is an independent adjudicative tribunal.  Appeals before the Board are entirely new proceedings where parties have the opportunity to present their case to be judged on its merits. The Board has no evidence before it except the evidence presented to the Board by the parties.

The Board's objective is to process appeals as efficiently and effectively as possible with minimum cost to all parties. It may use a variety of methods to achieve this, depending on the needs of the parties and the complexity of the appeal.  The standard process that most appeals go through is set out in a flowchart [PDF] for ease of reference.

The formal requirements of the appeal process under the Safety Standards Act are set out in sections 51 to 62 of the Act. The formal requirements of the appeal process under the Homeowner Protection Act are set out in sections 29.3 and 29.4 of the Act. The formal requirements of the appeal process under the Building Act are set out in section 30 of the Act.

Those involved in the appeal process can expect the Board to follow the legislated procedures, as well as the Board's published Rules of Practice and Procedure [PDF] which regulate the procedure to be followed in all appeals to the Board.  The Board may dispense with any part or all of a particular procedure where it is appropriate under the circumstances.  Further information regarding the Rules of Practice and Procedure and the Board's process can be found in the Board's published Guidelines [PDF]. 

The Board will make every effort to process appeals in a timely manner and issue decisions promptly.  The Board's goal is to issue decisions within 90 days of filing of an appeal.