If you have appealed an ESIA decision, and you are unhappy with the results of the Administrative Review, you can request an appeal hearing.
Within 10 business days, you must let the department know that you wish to continue the appeal. If you do not respond within 10 business days, the decision of the Administrative Review will be final.
If you request an appeal hearing, one will be scheduled within 45 business days. You will be sent a notice of the time, date and location of the appeal hearing by registered mail. In the event of an emergency or illness, you may ask to have the date changed.
How to prepare for an appeal hearing
At the Appeal Hearing, you will have a chance to say why you think the department made the wrong decision. Before you go to the hearing, you may wish to do the following:
- make a list of the points you want to make during the hearing
- bring with you anything that can help to prove your point
- ask a lawyer to represent you (Resources in your local area may be able to help you get a lawyer.)
If you require the services of an interpreter to assist you during the appeal hearing, please contact the Coordinator of Appeals at (902) 424-2768 to discuss your needs.
What is the Assistance Appeal Board?
The Minister of Community Services appoints the members of the Appeal Board. They are people from your community who do not work for the department. Their job is to provide an independent review of a decision made by the department. One of the members of the Appeal Board will hear your appeal. The Appeal Board is not bound by the findings of the Administrative Review, however they cannot change the law. For example, the Appeal Board cannot give you more money than the law allows.
What will happen at the appeal hearing?
You and/or your representative, a department representative and the Appeal Board member will be present at the hearing. To protect your privacy, the appeal is not open to the public. The department representative may be your worker, your worker’s supervisor, and/or other officials.
The Appeal Board member will introduce everyone, explain the rules of the hearing, state the decision being appealed, and outline the process that will take place during the hearing. The Appeal Board member will hear evidence and information from both you and the department about the appeal at hand only.
The department representative will explain the reason for the decision. That person is there to speak on behalf of the department and cannot give you advice or support. Both you and the Appeal Board member will be able to ask questions of the department representative. When the department representative is finished speaking, it is your turn. You can give your information by speaking or by providing it in writing.
You can also bring someone along with you to help present your case. Then the department representative and the Appeal Board member may ask you questions. Finally, you and the department representative will have a chance to make any final statements based on the information given during the hearing. When the Appeal Board member has all the information they need, you and the department representative will leave and the Appeal Board member will decide your case.
What will happen after the appeal hearing?
The Appeal Board member will send you a written decision that will explain the reasons for their decision. The decision will be sent to you within 7 business days of your appeal hearing.
If you do not agree with the Appeal Board’s decision, you may take the matter to the Supreme Court of Nova Scotia. It would be a good idea to have a lawyer assist you in taking this step.