Part 7 — Education Professions and Occupations Division 1 Responsibilities
242 Appeal to Court of Appeal
Board of Reference under section 237, 239 or 240 may appeal that
order to the Court of Appeal.
(2) The appeal must be commenced not more than 30 days after
the date on which the order is filed under section 241
(a) by filing a notice of appeal with the Registrar of the Court at
Edmonton or Calgary, and
(b) by serving a copy of the notice of appeal
(i) on the relevant board if the appellant is a teacher,
(ii) on the relevant teacher if the appellant is a board, and
(iii) on the Boar d of Reference.
(3) The appeal must be founded on the record, if any, of the
evidence before the Board of Reference.
(4) The Alberta Rules of Court for appeals from a judgment or
order of the Court of King's Bench apply to an appeal to the Court
of Appeal under this section.
(5) The Court of Appeal on hearing the appeal may
(a) make any other finding that in its opinion ought to have
been made on the evidence before it,
(b) quash, confirm or vary any order made by the Board of
Reference,
(c) refer the matter to the Board of Reference for further
consideration by it, or
(d) direct that a new trial of a ny mixed questions of law and fact
relating to a finding or order, or both, of the Board of
Reference made under this Act be held before the Court of
King's Bench.
2012 cE-0.3 s242;AR 217/2022