Appeals

Persons with Developmental Disabilities (PDD) Appeal Process

Nine individuals sit as appeal panel members, one as chair. This member is responsible for chairing appeal hearings and guiding the appeal panels. The role of the appeal panel is to consider information regarding disputes with a community board and to make decisions related to appeals. The appeal panel can uphold, overturn or vary the decision of a PDD community board. The appeals process is accountable to the Minister of Seniors and Community Supports.

The Guide to the PDD Appeal Process gives you a complete overview of the appeal process.

Who can file an Appeal?

According to section 15(2) of the Persons with Developmental Disabilities Community Governance Act, (RSA 2000, cp-8 s19; 2006 c25 s18):

“an individual who is receiving services or has applied to receive services by means of funding or resources allocated by a community board and is affected by a decision of that community board respecting those services may appeal that decision if the decision is not exempt from appeal under the regulations.”

This means that if you have applied for PDD supports, or requested changes in the supports you are receiving, and you are not happy with the decision that the PDD community board has made, you can file an appeal.

What can be appealed?

Any decision made by a PDD community board that is not exempt from appeal can be appealed if you are an individual with a developmental disability and you have been affected by that decision.

Decisions made by a community board with respect to contractual arrangements with a service provider cannot be appealed.  These decisions include:

• A decision to enter into a contract with a service provider,
• A decision to terminate a contract with a service provider, or
• A decision to amend a contract with a service provider.

When can I appeal a decision of a community board?

A request for an appeal must be made in writing within 30 days from when you were notified of the decision and your right to appeal.

An extension of the 30 day time limit may be granted if there are apparent grounds for appeal and there is a compelling explanation for the delay in filing.  Requests for an extension must be made to the Manager of the Appeal Secretariat.

How do I file an appeal?

When you receive the decision from the community board, it will advise you of your right to appeal and you will be provided with a Notice of Appeal form to complete if you wish to appeal.

You may also obtain a copy of the Notice of Appeal form directly from the Appeal Secretariat.  You can contact the Appeal Secretariat at (780) 427-1253 or toll free through the Government of Alberta Rite Line by calling 310-0000.

The Notice of Appeal form must be completed and submitted to the Appeal Secretariat within 30 days.

What happens once I file the appeal?

When the Notice of Appeal is received, it will be reviewed to ensure that it has been properly completed and that the matter can be appealed.

Once the Notice of Appeal has been reviewed and accepted, you will be contacted by the Appeal Secretariat to discuss the issue.  If you agree, the matter may be referred for dispute resolution with the community board and, if the matter is not resolved, to another party for mediation to attempt to resolve the matter.

If an appeal is not resolved within 45 days from the date that the Notice of Appeal was received by the Secretariat, then an appeal hearing will be scheduled.  Wherever possible, the appeal hearing will be held in the appellant's home community, or as close to the community as possible.

What happens if it is resolved?

If the dispute is resolved through the community board's dispute resolution process or mediation, then you can withdraw the Notice of Appeal and no further action will be taken.

What happens at the appeal hearing?

Once a date and location for the appeal hearing has been set, an Appeal Panel is appointed to hearing the matter. The Appeal Panel consists of up to three individuals from those who have been appointed by the Minister for the Appeal Panels.  The community board and the appellant will be asked to submit information about the dispute to the Appeal Secretariat prior to the hearing.  This information will be provided to the panel members and all parties to review before the appeal hearing.

At the appeal hearing, the appellant and the community board are each provided with an opportunity to present their case and to ask questions of each other.  The Appeal Panel also is allowed to ask questions to ensure that they have a full understanding of the issue.

Once the hearing is over, the Appeal Panel will review the information they have received, both in writing before the hearing and verbally at the hearing, and will render a decision.

The decision of the Appeal Panel is written and sent to both parties, usually within one month of the hearing date.  Decisions of the Appeal Panel are final.

For further information contact
Donna Edhart, Manager, PDD Appeal Secretariat
(780) 427-1253 or email donna.edhart@gov.ab.ca