Appeals
The Council administers an appeal system that is independent, open, transparent, fair, and conforms to the principles of administrative law and natural justice. The Council’s appeal process is governed by Part 5 of the Safety Codes Act and Section 9 in the Council’s Bylaws.
What is appealable to the Safety Codes Council?
Our appeals process applies to the following orders and written notices:
Orders by Safety Code Officers
Days* to Appeal: 35
Cost to Appeal: $500
Written Notice of Permit – Refusal, Suspension or Cancellation
Days* to Appeal: 30
Cost to Appeal: $500
Written Notice of Variance – Refusal by safety codes officer
Days* to Appeal: 30
Cost to Appeal: $500
Written Notice of Design – Refusal to register or Deregistration
Days* to Appeal: 30
Cost to Appeal: $500
Written Notice of Accreditation – Refusal, Suspension or Cancellation
Days* to Appeal: 30
Cost to Appeal: $500
Written Notice of Certification – Refusal, Suspension or Cancellation
Days* to Appeal: 30
Cost to Appeal: $100
Written Notice of Designation – Refusal, Suspension or Cancellation
Days* to Appeal: 30
Cost to Appeal: $100
*Note that the window to appeal opens the day following the date you were served. For example, if you were served on May 1, then the window opens on May 2, and you will have until June 1 to appeal Written Notices or June 6 to appeal an Order.
What cannot be appealed to the Council:
When should I appeal?
You should appeal when you wish to contest the decision in the appealable items listed above. If you are planning to comply, there is no basis for appeal.
Note that, if you receive an order issued by a safety codes officer, you may want to request a free review. The provincial Administrator will review the order to ensure that it is correct and reasonable, and will choose to confirm, revoke, or vary the order.
The Council will not process a Notice of Appeal until we know the outcome of the review. For more information on order reviews, please see Permits and Inspections.
How do I appeal?
To initiate an appeal, you must fill out and sign the Notice of Appeal Form and submit it with a copy of the Order or Written Notice, along with the appropriate appeal fee, to:
Coordinator of Appeals
500, 10405 Jasper Avenue
Edmonton, AB T5J 3N4
Fax: 780.424.5134 Toll Free Fax: 1.888.424.5134
Email: appeals@safetycodes.ab.ca
Upon receipt of a completed Notice of Appeal, the Coordinator of Appeals will send a Letter of Acknowledgment. Following this will be a Written Notification of Hearing, which sets out the date, time, and location of your appeal hearing.
Before Your Hearing
You will be asked to submit a copy of an Appeal Brief to the Council prior to your hearing. An Appeal Brief is a collection of written materials that supports your position. It may include a statement of issues and documentation to substantiate your arguments. Note that both the appellant and the respondent fill out an Appeal Brief.
It is up to you to provide the Tribunal with facts and evidence to support your position. However, you may wish to appoint legal counsel to represent you during the appeal process. This is your choice and at your expense.
For more information about how to prepare your appeal brief, please refer to the following document:
Appeal Hearing Brief Preparation Guide
Request a stay
Orders and written notices may set out a time frame in which a directive must be completed. You are obligated to comply with this directive by the stated date unless you apply for and receive a Stay of Order.
Note that a pending appeal does not operate as a stay. If your hearing is scheduled after your compliance date, you must apply for a stay.
For more information, please refer to the following document: Information on Stays.
During Your Hearing
During the hearing, both parties will have an opportunity to present their respective cases before the Administrative Tribunal as well as ask and answer questions. The Administrative Tribunal consists of sub-council members in a specific discipline who have expertise in Alberta’s safety codes and systems.
The amount of time needed for an Appeal Hearing often depends on the complexity of the appeal and the number of people providing evidence. On average, appeal hearings are completed within 3 hours.
Note that recording devices are not allowed in the hearing.
For more information, please refer to the following document: What to Expect During the Appeal Hearing.
After Your Hearing
Within 60 days, the parties will be served with the Tribunal’s decision in the form of an order from the Safety Codes Council. The Council’s order describes the Tribunal’s decision and the findings that support that decision.
The decision of the Council is final and may only be appealed to the Court of King’s Bench on a question of law or jurisdiction within 30 days of service of the Council Order. Refer to Section 53 of the Safety Codes Act for further information.
Appeal Decisions
The decisions of the Council’s Administrative Tribunals from 2012 to present can be found here.