Employment and Assistance Appeal Tribunal of the Province of British Columbia
Employment and Assistance Appeal Tribunal of the Province of British Columbia Employment and Assistance Appeal Tribunal of the Province of British Columbia
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How to Prepare for your Appeal

The Tribunal is committed to providing an independent, community-based appeal process that is timely, accessible and respectful. The Tribunal recognizes your right to participate in your hearing and to request accommodation due to a disability.

Support at Your Hearing

You can ask a family member, friend, or an advocate to come with you to the hearing or to help you prepare written information for the panel. If you need to find an advocate, visit PovNet’s website at www.povnet.org for a listing of advocacy agencies in or near your community.

You may bring an interpreter. If required, the Tribunal will find an interpreter for you.

If you want your advocate or a family member to communicate with the Tribunal on your behalf or receive information about your appeal, you will need to complete and return a Release of Information form. This ensures that you have control over who receives your personal information.

Preparing Your Case

You will find it helpful to think about what you want to say to the panel to support your case. To help you prepare:

arrow_image. Review the ministry’s reconsideration decision as it tells you the reasons why you were denied or found ineligible. Be prepared to tell the panel why that decision is incorrect or unreasonable.
arrow_image. Think about whether a witness would help your case.  Witnesses will be asked to remain outside the hearing room until asked to testify. After testifying, they will be asked to leave unless you request they remain. If they remain, they cannot provide further testimony.
arrow_image. Consider whether additional evidence would help your case. The panel can only admit oral and written evidence that is in support of the information and records that were before the ministry when the reconsideration decision was made.
arrow_image. Review the sections of the acts or regulations that apply to your appeal.
arrow_image. Read prior panel decisions. These decisions won’t be followed by other panels, however they give you a sense of how the Tribunal has dealt with similar appeals.
arrow_image. Review the Tribunal Practices & Procedures.
arrow_image. Watch the video clips that show the appeal hearing process.

Your Hearing

Generally two members are appointed by the Tribunal Chair to hear your appeal. While the Tribunal attempts to accommodate your choice of hearing type, the Tribunal Chair will determine whether your hearing will be held in person, by telephone, by video conference, or by a combination of these types. For instance, it is not uncommon for in person hearings to have one member attend by telephone.

Written Hearing

You will be informed by letter of the deadlines for giving information to the Tribunal. You will have seven business days to provide written reasons to support your case; include any additional information that you want the panel to consider. On receiving your submission, the Tribunal will forward it to the ministry, who has seven business days to respond. You will receive a copy of the ministryís submission.

The panel will review the written submissions, determine if any additional evidence is admissible, and make a decision.

Oral Hearing

An oral hearing (in-person, teleconference or video conference) will normally take place within 15 business days after you submit your Notice of Appeal. You will be notified of the hearing details at least two business days before the hearing.

Bring your copy of the appeal package to the hearing. If possible, provide any additional evidence to the Tribunal prior to your hearing so it can be distributed on your behalf. Otherwise, bring copies to the hearing.

Adjourning Your Hearing

If you cannot make it to your hearing, or if you need more time to gather evidence, you can request an adjournment to have your hearing at a later date. You must complete the Appeal Adjournment Request form, obtain the Ministryís consent, and return the form to the Tribunal. If the Tribunal Chair agrees to the adjournment, we will advise you that your appeal has been adjourned. If it is less than one business day before your scheduled hearing, your request must be made to the panel at the hearing and the panel may grant the adjournment even if a prior request was not agreed to.

The Tribunalís general rule is to reschedule the hearing within 15 business days of the adjourned date

Dismissing Your Appeal

An appeal can be dismissed at any time before a panel makes a decision if both you and the ministry agree. This means that no decision will be made about your appeal.

Both you and the ministry must sign the Consent to Dismiss Appeal form and forward it to the Tribunal. Once the Tribunal receives the completed form, we will send you a letter confirming that the appeal has been dismissed.

After Your Hearing

The panel decides whether the ministry’s decision was:

arrow_image. Reasonably supported by the evidence; or
arrow_image. A reasonable application of the legislation given your circumstances.

The panel will then either agree with (confirm) the ministryís decision or overturn (rescind) it in your favour. Generally, you will receive the written decision by mail within 10 business days of the date of your hearing.

The Tribunal decision is final; however, you can file a petition in the BC Supreme Court asking a judge to review it. This is called a judicial review. Generally this must be done within 60 days of the Tribunalís decision. As well, if you believe you were treated unfairly by the ministry or the Tribunal, you can contact the Office of the Ombudsperson.

If you have a concern about the conduct of an appeal or any interaction with the Tribunal, you can make a complaint by writing to the Tribunal Chair.

How to Appeal Brochure
This Tribunal brochure is provided to appellants upon acceptance of their appeal.

HOW TO CONTACT THE TRIBUNAL

If you wish to obtain further information about the Tribunal, or any of the forms mentioned in this brochure, please visit our website at www.gov.bc.ca/eaat or:

By Telephone: 250-356-6374
Toll Free: 1-866-557-0035
By Fax: 250-356-9687
Toll Free: 1-877-356-9687
By Mail: PO Box 9994
Stn Prov Govt
Victoria BC
V8W 9R7
By Email: eaat@gov.bc.ca
Website: www.gov.bc.ca/eaat

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