An appeal before the Board is an entirely new proceeding. It provides the parties with the opportunity to present their case to be judged on its merits. The Board has no evidence before it except the evidence presented to the Board by the parties.
The Board's objective is to process appeals as efficiently and effectively as possible with minimum cost to all parties. It may use a variety of methods to achieve this, depending on the needs of the parties and the complexity of the appeal.
The formal requirements of the appeal process under the Safety Standards Act are set out in sections 51 to 62 of the Act as amended by the Administrative Tribunals Act. The formal requirements of the appeal process under the Homeowner Protection Act are set out in sections 29.3 and 29.4 of the Homeowner Protection Amendment Act.
Those involved in the appeal process can expect the Board to follow the legislated procedures, as well as the Board's published Rules of Practice and Procedure which regulate the procedure to be followed in all appeals to the Board.
Where any matter arises during the course of an appeal that is not addressed by the legislation orthe Rules and the Guidelines, the Board will do whatever is necessary to enable it to adjudicate fairly and effectively on the appeal. The Board may dispense with any part or all of a particular procedure where it is appropriate under the circumstances.
The Board will make every effort to process appeals in a timely manner and issue decisions promptly.
To ensure that the appeal process is kept open and fair to the participants, any correspondence directed to the Board in relation to an appeal must be sent to the Board's office and be copied to all other parties to the appeal. Correspondence should be addressed to the registrar at the Board's office, and not to Board members.
Members will not contact a party, accept personal telephone calls from a party or attend private meetings with a party while that party is involved in the appeal process, unless that member puts all of the other parties on notice and gives them an opportunity to participate. Nor will a member discuss his or her reasons for a decision. Once a decision is rendered in an appeal, the decision speaks for itself.
The Board's staff provides registry services, research support, systems support, financial and administrative services and communications support for the Board. Any questions regarding an appeal or a practice or procedure of the Board should be directed to the registrar.
Guidelines and Practice Directions (Last updated: February 1, 2009)
The Board’s Guidelines and Practice Directions provide information on how to file an appeal and what to expect during the various stages of the appeal process. They should be read together with the Board’s Rules of Practice and Procedure.
Rules of Practice and Procedure(Last updated: February 1, 2009)
The purpose of these rules is to facilitate the just and timely resolution of appeals to the Board under the Safety Standards Act and the Homeowner Protection Act.
Please print and complete the form you need and send it by fax or email to the Board's Victoria office at the contact information below:
Telephone: 250 387-4021
Facsimile: 250 356-6645
Safety Standards Appeal Board
1st Floor, 612 View Street, Victoria, BC V8W 1J4
Safety Standards Appeal Board
PO Box 9844 Stn Prov Govt
Victoria, BC V8W 9T2
