About the Appeal Tribunal

Overview

The Employment and Assistance Appeal Tribunal was established on September 30, 2002 following the proclamation of the Employment and Assistance Act. The Tribunal replaces the appeal system that existed under the BC Benefits Act and related acts. The new appeal system is intended to meet the following basic principles common to administrative tribunals:

	Fair and just decisions
	Consistency
	Timeliness
	Accessibility
	Finality

The Employment and Assistance Appeal Tribunal is an independent quasi-judicial agency established to determine appeals of Ministry decisions under section 17(3) of the Employment and Assistance Act, section 16(3) of the Employment and Assistance for Persons with Disabilities Act, and section 6(3) of the Child Care Subsidy Act pertaining to the following:

	A decision that results in a refusal to provide income assistance, disability assistance, hardship assistance or a supplement to or for someone in the person's family unit;
	A decision that results in a discontinuance of income assistance, disability assistance or a supplement provided to or for someone in the person's family unit;
	A decision that results in a reduction of income assistance, disability assistance or a supplement provided to or for someone in the person's family unit;
	A decision in respect of the amount of a supplement provided to or for someone in the person's family unit if that amount is less than the lesser of the maximum amount of the supplement under the regulations, and the cost of the least expensive and appropriate manner of providing the supplement;
	A decision that results in a refusal to pay a child care subsidy to or for the person; and
	A decision that results in a discontinuance or reduction of the person's child care subsidy.

Section 20(1) of the Employment and Assistance Act gives the Tribunal Chair the responsibility for the general administration and management of the Tribunal. Section 20(2) of the Employment and Assistance Act also gives the Tribunal Chair the authority to establish practices and procedures for the Tribunal and to make recommendations to the Minister for appointments to the Tribunal.

Structure

To carry out its mandate and responsibilities, the Tribunal operates from an office in Victoria, BC. Assisting the Tribunal are office employees and appeal panel members located throughout the Province. One or more vice-chairs assist the Tribunal Chair. The Tribunal functions at "arm's length" from the Ministry of Housing and Social Development.

Once the Tribunal receives an eligible appeal from the appellant, the Tribunal Chair establishes a three-person appeal panel to hear the appeal. Following the completion of the oral or written hearing, the appeal panel will provide its decision to the Tribunal Chair who will then forward the decision to the appellant and ministry. The decision of the appeal panel is a final determination with respect to the matter under the appeal.

Redress

Although the decision of the Tribunal is final, the parties to the appeal may seek further redress:

Redress Document (PDF - 17KB)

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