Grounds for Internal Appeal
There must be a legitimate reason or ‘grounds’ to request an appeal; simply disagreeing with a decision is not sufficient. The purpose of an appeal is not to retry or re-decide the case. Individuals wishing to get a ‘second opinion’ should submit a new application or request for consideration. Generally, for an appeal to be considered, there must have been:
A denial of natural justice, e.g.:
- The individual did not have a fair opportunity to present their case;
- The panel or individual making the original judgment was not/were not impartial; and/or
- The process, policy or rule that was applied is flawed, unfair, or unreasonable. Here the process or rule itself is challenged rather than the specific application of the process.
An error in the decision itself, e.g., the committee or Registrar:
- Failed to consider the correct facts; and/or
- Failed to apply the correct rule or policy in making their decision.
Who May Appeal?
The Appeal Committee will respond to requests for an appeal from any party in the original proceedings. Individuals who were not a party to the original proceedings cannot appeal the decision of a regulatory committee or of the Registrar.
Requesting an Appeal
To file a Request for an Appeal, a person must complete the Request for an Appeal Form located below, which asks them to set out the grounds for the appeal as well as the remedy they are seeking. The Request for an Appeal must be submitted to the Office of the Registrar within 30 calendar days from the date the decision that is being appealed was made. It may be delivered by mail, in person or by email directly to the Office of the Registrar. There is no cost for requesting an appeal.
In almost every case, a decision or order of the Appeal Committee is final. However, if a decision of the Panel to suspend or revoke a member’s membership or a firm’s registration has become effective as a result of a disciplinary proceeding, the Board may, by special resolution, rescind or alter the order. Also, all Appeal Committee Panel decisions may be subject to judicial review by Divisional Court.
What Decisions May Be Appealed?
Most orders or decisions of the Registrar, as well as committees, may be appealed to the Appeal Committee, including but not limited to decisions by the Experience Assessment Committee, the CHRE Review Committee, the Discipline Committee and the Complaints Committee. For a comprehensive list of appealable decisions, please review the HRPA By-laws.
Important Information & Documents
Written Appeal requests must be sent to:
HRPA – Office of the Registrar
150 Bloor St. W., Suite 200
Toronto, ON M5S 2X9