Legal Basis for Appeal

The Tribunal

The Tribunal hears appeals from three pieces of legislation:

1. the Employment and Assistance Act;
2. the Employment and Assistance for Persons with Disabilities Act;
3. the Early Learning and Child Care Act:

If you are not sure whether you can appeal, complete a Notice of Appeal form (PDF) and send it to the Tribunal. The Tribunal will look at your form and will let you know whether you can appeal. The Home Page and How to Appeal page have instructions.

Employment and Assistance Act

The Tribunal can hear appeals of reconsideration decisions that:

1. Result in a refusal to provide income assistance, hardship assistance or a supplement;
2. Result in a discontinuance of income assistance or a supplement;
3. Result in a reduction of income assistance or a supplement; or
4. Result in the lessor of the maximum amount of a supplement or the cost of the least expensive appropriate supplement.

See the Employment and Assistance Act, section 17.

You may want to refer to sections 18 and 27 that place some restrictions on what may be appealed. Finally, section 81 of the Employment and Assistance Regulation lists certain types of decisions that cannot be appealed.

Employment and Assistance for Persons with Disabilities Act

The Tribunal can hear appeals of reconsideration decisions that:

1. Result in a refusal to provide disability assistance, hardship assistance or a supplement;
2. Result in a discontinuance of disability assistance or a supplement;
3. Result in a reduction of disability assistance or a supplement; or
4. Result in the lessor of the maximum amount of a supplement or the cost of the least expensive appropriate supplement.

See the Employment and Assistance for Persons with Disabilities Act, section 16.

You may also want to refer to sections 17 and 18 that place some restrictions on what may be appealed.  Finally, section 73 of the Employment and Assistance for Persons with Disabilities Regulation lists certain types of Ministry of Social Development and Poverty Reduction decisions that cannot be appealed.

Early Learning and Child Care Act

The Tribunal can hear appeals of reconsideration decisions that:

1. Result in a refusal to pay a child care benefits;
2. Result in a discontinuance or reduction of a child care benefit; or
3. Determine that there has been an overpayment of a child care benefit.

See the Early Learning and Child Care Act sections 13 and 14.

You may also want to refer to section 15 that places some restrictions on what may be appealed.