GP 15: Appeals Committee Charter
| Policy Number: |
GP 15 |
Approve Date: |
December 2025 |
| Review Frequency: |
Triennial |
*May be reviewed earlier as required |
1. Source Authority
The Act: Sections 18, 19, 31, 32, 41, 78, 87-89, 93, 118, 119.
The Regulations.
2. Establishment
The Appeals Committee is established by Council, as per Bylaw 3, pursuant to sections 18, 19, 31, 32 and 41 of the Act.
3. Composition
3.1. The committee shall comprise six (6) Council members.
3.1.1. The Appeals Committee shall include three (3) public representatives.
3.1.2. The Appeals Committee shall include three (3) registrants.
3.2. The Hearings Director may direct four (4) or more members of the Appeals Committee to sit as a panel with at least 50% of the panel being public representatives.
3.3. Any Appeals Committee member may serve as Panel Chair.
3.4. The Hearings Director shall designate a member of each panel of the Appeals Committee as Panel Chair.
3.5. Council is responsible for removal of members from the Appeals Committee.
4. Eligibility
4.1. Each member of the Appeals Committee must be a current member of Council.
4.2. Members shall meet the regulatory committee competencies as defined in GP 21 - Council and Committees Selection Policy.
5. Term
5.1. The term of office for Appeals Committee members is the shorter of three (3) years or the remainder of the committee member’s term on Council unless, at the time of appointment, Council specifies a different term.
5.2. A member of a panel of the Appeals Committee whose term expires after a review or appeal has commenced but before the review or appeal is completed, continues to hold office after the expiry of the member’s term for the sole purpose of completing the review or appeal.
5.3. All Appeals Committee members may serve one (1) additional term.
6. Quorum
6.1. All members of a panel must be present during a review or appeal, subject to section 18(4) of the Act.
7. Meetings
7.1. All decisions of a panel of the Appeals Committee shall be by a majority vote.
7.2. If there is a tie vote, then the Chair shall cast a second and deciding vote.
7.3. Subject to the Act and the Bylaws and this Charter, the Appeals Committee may determine its own procedures.
7.4. Except as authorized or required by the Act, s. 89(3), proceedings before a panel of the Appeals Committee are not open to the public.
8. Duties and Powers
A panel of the Appeals Committee may:
8.1. carry out the duties and powers of Council under sections 31 and 32 of the Act;
8.2. carry out the duties and powers of Council under section 41 of the Act;
8.3. carry out the duties and powers of Council under sections 87 through 89 inclusive of the Act to the Appeals Committee;
8.4. carry out the duties and powers of Council under section 93 of the Act;
8.5. carry out the duties and powers of Council under section 118(6) to 118(8) of the Act; and
8.6. exercise any other authority specifically delegated to it in the Regulations or the Bylaws.
9. College Expenses for Section 93 HPA Application
The panel of the Appeals Committee hearing an application under section 93 of the Act may direct the investigated person to pay, within the time set by the panel of Council, all or part of the expenses of costs of and fees related the application, including the following:
9.1. Legal expenses and legal fees for legal services provided to the College, Complaints Director and panel of the Appeals Committee.
9.2. Travelling expenses and a daily allowance, as determined by Council, for the members of the panel of the Appeals Committee who are not public members.
9.3. The costs of creating a record of the proceedings, transcripts and any costs associated with service of documents.
9.4. Any other expenses of the College directly attributable to the application.
10. Filing Deadlines and Length of Submissions
Unless a panel of the Appeals Committee otherwise directs, the following guidelines and deadlines are to be followed regarding submissions in an appeal or review before the Appeals Committee:
10.1. The appellant must, at least six (6) weeks before the date on which the appeal or review is set to be heard by a panel of the Appeals Committee, must file with the Hearings Director one complete electronic copy in PDF format of their written submissions and authorities for the panel and serve a copy on the respondent party to the appeal or review.
10.2. The respondent must, at least four (4) weeks before the date on which the appeal or review is set to be heard by a panel of the Appeals Committee, must file with the Hearings Director one complete electronic copy in PDF format of their written submissions to the panel or a letter of intention not to file written submissions; and serve one additional copy on the appellant party to the appeal or review.
10.3. A party may make a written request to the Hearings Director, with notice to the other party, to authorize a different date for the filing deadline applicable to the party.
10.4. Whether or not a party has requested a different filing deadline, the Hearings Director may direct that parties provide written submissions on an expedited basis in a review under section 32 of the Act or an appeal of a direction under section 118 of the Act, to ensure the appeal is conducted as soon as reasonably practicable, as required under the Act.
10.5. Written submissions by the appellant and the respondent must:
10.5.1. be formatted using at least 12-point font, one-inch margins, and at least 1.5 line spacing, except for quotations; and
10.5.2. not exceed 30 single-sided pages in length.
10.6. A book of authorities is not limited to a specific number of pages, but the parties shall ensure that only relevant portions of any case authorities are reproduced, and relevant passages are highlighted.
10.7. A party may make a written request to the Hearings Director, with notice to the other party, to authorize written submissions in excess of the 30-page limit applicable to the party.
10.8. Oral argument must not exceed sixty (60) minutes for each party in the appeal.
10.9. A party may make a written request to the Hearings Director, in advance of the date of the appeal and with notice to the other party, to authorize oral submissions in excess of the 60-minute limit applicable to the party.
10.10. Any party relying on artificial intelligence to assist with their appeal submissions must disclose their use of artificial intelligence to the Hearings Director.
11. Confidentiality
11.1. Each member of the Appeals Committee shall keep information received as a member of a panel of the Appeals Committee confidential and shall not use or disclose such information except as necessary to carry out the Appeals Committee’s powers and duties under the Act.
11.2. Information given to a panel of the Appeals Committee shall be published or otherwise released only in accordance with the Act, the Regulations, the Bylaws or as otherwise authorized or required by law.
11.3. Access to the record of an appeal under Part 4 of the Act and publication of a decision regarding an appeal under Part 4 of the Act shall be in accordance with the Act and the Bylaws.