How to Appeal
Time Limit to File Appeal
The appellant must deliver a written appeal notice to the Board and to the respondent within 30 days of being notified of the decision to be appealed.
The Board may extend the time to appeal in exceptional circumstances. There is no fee for filing an appeal.
Who Can Appeal to the Board
Before you start an appeal, it is a good idea to ensure that the decision you want to appeal can be appealed to the Board. The kinds of decisions that can be appealed to the CCALAB are set out under section 29 of the Community Care and Assisted Living Act. Generally speaking, the following individuals or groups can appeal to the CCALAB.
- an individual or organization that applied for: a licence to operate a community care facility, an early childhood educator certificate, or the registration of an assisted living residence
- a licensee, certificate holder, or registrant
- a person in care, or their representative, who objects to a local exemption
The Appeal Notice
There is no special form for a notice to start an appeal but it must be done in writing. The person appealing or their lawyer or other representative must sign the appeal notice and the notice must set out:
- the current contact information for the person appealing and any lawyer or other representative, including: full name, address, telephone number, and any email address;
- the community care facility or assisted living residence involved (if any);
- the specific matter being appealed including: the decision involved, person who made the decision, date of the decision, and a copy of the decision;
- the specific grounds and reasons of the appeal.
Filing a notice of appeal does not automatically stay or suspend the effect of the decision appealed. In some circumstances, if the person appealing requests it, the CCALAB may make an order suspending the decision IF it is satisfied that suspending the decision would not risk the health or safety of a person in care.
The following information sheet sets out the steps you need to take if you wish to apply for a stay.
It is not necessary to be represented by a lawyer. A party that chooses to have a lawyer is responsible for the cost of the lawyer. A party may also be represented or assisted by someone who is not a lawyer.
To File an Appeal
Hand deliver, mail or email the appeal notice to:
The Community Care and Assisted Living Appeal Board
Attention: The Director
4th Floor, 747 Fort Street
Victoria BC V8W 3E9
Additional Avenues of Review
The decisions of the CCALAB are final and conclusive within their jurisdiction and can not normally be appealed. The parties to the appeal may seek further redress, in certain circumstances, if they believe the CCALAB acted outside its jurisdiction or the appeal process was unfair, as follows:
- Under the Judicial Review Procedure Act;
- Through the BC Ombudsperson;
- Supreme Court of BC Judicial Review