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
Filing a Notice of Appeal
For information about how to prepare and file a Notice of Appeal, see the webpage Notice of Appeal.
When preparing a Notice of Appeal, you should also consider whether you want to apply for a stay of the decision you are appealing. A “stay” stops the decision from taking effect until the appeal has been decided. Filing a notice of appeal does not automatically stay the decision being appealed. In some circumstances, if the appellant requests it, the CCALAB may make an order staying the decision IF it is satisfied that staying 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 want to apply for a stay.
It is not necessary to be represented by a lawyer. A party who chooses to have a lawyer is responsible for the cost of the lawyer. Instead of a lawyer, a party may be represented or assisted by an agent (someone who is not a lawyer)
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