Safety Standards Appeal Board
Established under section 43 of the Safety Standards Act, the Board is an adjudicative tribunal, independent of any regulating body responsible for administering the provisions of the Safety Standards Act and the Homeowner Protection Act and any regulated industry. The Board chair is responsible to the appointing authority for the Board's performance. The Board operates at arms length from the government in its decision-making capacity.
The Board's purpose is to resolve appeals from decisions made under the Safety Standards Act and the Homeowner Protection Act to determine if the decisions were fairly made in accordance with the provisions of the legislation. The Board's objective is to carry out its work in a just, consistent, timely and cost-efficient manner.
Decisions of the Board are posted to this website.
Appeals under the Safety Standards Act,
SBC 2003 c. 39
The Board hears appeals from decisions of safety officers and safety managers appointed under sections 11 and 12 of the Safety Standards Act. These decisions apply to work and products regulated by the Act and its associated regulations, including adopted codes and standards.
Section 49 of the Act provides for a review of a safety officer’s decision by the appropriate safety manager prior to appealing a safety officer’s decision to the Board. The Act requires a request for a safety manager’s review to be made in writing within 30 days of the date of the decision.
The basic provisions for appealing a decision to the Board are set out in sections 51 to 62 of the Act as amended by the Administrative Tribunals Act, SBC 2004 c.45. An appeal of a safety manager’s decision should be filed with the Board within 30 days of the decision.
Appeals under the Homeowner Protection Act,
SBC 1998 c.31
The Board hears appeals from decisions of the registrar appointed under section 7 of the Homeowner Protection Act. These decisions relate to residential builders licenses and owner builder authorizations regulated by the Act and its associated regulations. The basic provisions for making an appeal are set out in sections 29.3 and 29.4 of the Homeowner Protection Amendment Act, 2007 (Bill 34 – 2007). An appeal of a registrar’s decision should be filed with the Board within 30 days of the decision.
The Board follows the formal requirements of the appeal process set out in the Safety Standards Act and the Homeowner Protection Act as well as its published Rules of Practice and Procedure which regulate the procedure to be followed in all appeals to the Board.
The Board consists of a number of part-time members including the chair and several vice-chairs. All of the members are appointed by the responsible Minister through a merit-based process for a term of two to five years. The Board members bring with them a wide range of backgrounds and perspectives, as well as expertise in the technical areas regulated by the Act. Board Member Bios
The chair is responsible for the administration of the Board and organizing it into panels consisting of one or more members to manage and hear appeals. A panel of the Board has all the powers and duties of the Board and any order, decision or action of a panel is considered to be an order, decision or action of the Board.
Where the chair or a member of a panel becomes aware of any facts that would lead an informed person viewing the matter reasonably and practically to conclude that a member would, consciously or unconsciously, not decide a matter fairly, the member will not conduct the appeal unless consent is obtained from all parties.
Appeal Board Remuneration
In accordance with Treasury Board Directive, the Ministry of Public Safety and Solicitor General provides remuneration reports annually for Safety Standard Appeal Board members.