Part 1 — Public Health Appeal Board
5 Appeal to Board
(a) an order issued under section 62, and
(b) a decision to issue or to ca ncel, suspend or refuse to issue a
licence, permit or other approval provided for in the
regulations, and any other decision in respect of which an
appeal to the Board is permitted under the regulations.
(2) A person who is directly affected by a decision may appeal the
decision to the Board.
(3) A person referred to in subsection (2) shall commence the
appeal by serving a notice of appeal in the prescribed form on the
Board and the Minister within 10 days after receiving notice of the
decision.
RSA 2000
(3.1) Notice under subsection (3) is sufficiently served if it is left
at an office of the Board or the Minister.
(4) Subject to subsections (5) and (6), the Board shall, if it is
satisfied that the person making the appeal is directly affected by
the decision, hear the appeal within 30 days after receiving the
notice of appeal.
(5) Where the Board is satisfied that the appellant and the regional
health authority, or either of them, have not made a reasonable
effort to resolve the matters in dispute between them, it may refer
the matter to the regional health authority for further consideration
and redetermination.
(6) Where the Board refers a matter to the regional health authority
under subsection (5), the Board may prescribe a time period within
which the regional health authority must deal with the matter and
may give to the regional health authority any other directions it
considers appropriate.
(7) The Board shall provide the appellant, the regional health
authority and, in a case where the decision or order appealed from
was made by an employee or agent of the regional health authority,
that employee or agent, an opportunity to appear and make
representations orally or in writing, or both orally and in writing.
(8) The appellant, the regional health authority and, where the
decision or order appealed from was made by an employee or agent
of the regional health authority, that employee or agent, may be
represented by counsel.
(9) Notwithstanding subsections (3) and (4), the Board may, if it
considers it appropriate to do so, extend the time within which an
appeal may be taken under subsection (3) or within which the
Board must act under subsection (4).
(10) For the purposes of conducting an appeal under this section,
the Board has all of the powers, privileges and immunities of a
commissioner appointed under the Public Inquiries Act.
(11) The Board may confirm, reverse or vary the decision of the
regional health authority and shall give written notice of its
decision to the appellant and the regional health authority.
RSA 2000 cP-37 s5;2025 c10 s47(4)