Interpretation

1  In this regulation:

"Act" means the Liquor Control and Licensing Act;

"appeal hearing" means an oral hearing, or a review of written submissions, by the appeal board or a panel of the appeal board;

"chair" means the chair of the appeal board and includes

(a) the vice chair, and

(b) with respect to a matter before a panel of the appeal board, the presiding member of that panel;

"general manager" includes a deputy of the general manager, a person authorized by the general manager to take the action or to make the order or decision that is under appeal or a person or committee to whom the general manager's authority has been delegated under the Act or the regulations under the Act;

"party", in relation to an appeal, means the appellant or the general manager.

 Bringing an appeal

2  (1)  A notice of appeal by which an appeal may be brought under section 31 (5) of the Act must be

(a) in a form satisfactory to the appeal board, and

(b) signed by the appellant or the appellant's agent or counsel.

(2)  The person delivering a notice of appeal to the appeal board to bring an appeal under section 31 (5) of the Act must provide to the appeal board, with that notice of appeal, a filing fee of $500.

 Notice of appeal

3  (1)  Subject to subsection (2), a notice of appeal must specify

(a) the action, order or decision of the general manager appealed against,

(b) the paragraph of section 31 (3) of the Act under which the appeal is brought,

(c) the reasons why the appellant believes that the general manager, in taking the action or in making the order or decision, erred in law alone or failed to observe the principles of procedural fairness,

(d) each alleged error in law of the general manager and each alleged failure by the general manager to observe the principles of procedural fairness,

(e) whether the appellant is applying for an order that the appeal be by way of

(i)  an oral hearing, or

(ii)  a review of written submissions, and

(f) whether the appellant is applying for a stay under section 31 (5.2) of the Act.

(2)  If section 31 of the Act as it read immediately before January 15, 2001 applies to an appeal brought under section 31 (3) (d) or (e) of the Act, the notice of appeal must specify

(a) the action, order or decision of the general manager appealed against,

(b) the reasons why the appellant believes that the action, order or decision was wrong, and

(c) the remedy sought by the appellant.

(3)  If the chair considers that a notice of appeal is deficient in any respect, the chair must deliver to the appellant a notice specifying the deficiencies and requiring the appellant to provide an amended notice of appeal to the appeal board and to the general manager within a specified time.

(4)  If a notice of deficiencies delivered to the appellant under subsection (2) indicates that the notice of appeal does not provide sufficient information to allow the appeal board to satisfy itself that the appeal is one for which it has jurisdiction and if the appellant does not provide an amended notice of appeal to the appeal board and to the general manager within the specified time that provides sufficient information to confirm the jurisdiction of the appeal board, the chair may dismiss the appeal.

 Procedure following receipt of notice of appeal

4  (1)  After the appeal board receives a notice of appeal, the chair must notify the parties in writing of any action taken by the chair under section 3 (3) or (4).

(2)  Unless the parties otherwise agree, the general manager must, within 30 days after receiving a notice of appeal under section 31 (5) of the Act, prepare a record, file the record with the appeal board and deliver the record to the appellant.

(3)  Within 30 days after the appeal board receives the record referred to in subsection (2), the chair must

(a) set a date and time for an appeal hearing after taking into account the time requirements under this regulation, and

(b) notify the parties of the date and time for the appeal hearing.

 Record

5  For the purposes of section 31 of the Act, the record prepared by the general manager under section 4 (2) is to consist of the following:

(a) a copy of each of the documents that were admitted as evidence before the general manager;

(b) a description by the general manager of the other exhibits that were admitted as evidence before the general manager;

(c) a copy of the written action, order or decision of the general manager including the reasons for the action, order or decision.

 Transcript

6  (1)  Within 45 days after receiving a written request from the appellant for a transcript of any of the hearings held with respect to the action, order or decision being appealed, the general manager must deliver to the appellant

(a) a copy of that transcript, and

(b) notice as to the cost of producing that transcript.

(2)  If a party wishes to refer to a transcript at the appeal hearing, the party must file that transcript with the appeal board at least 45 days, or such fewer number of days as may be ordered by the appeal board under section 9, before the date set for the appeal hearing.

(3)  Promptly after a party files a transcript with the appeal board, the party must provide a copy of that transcript to the other party.

(4)  If the appellant requests a transcript under subsection (1), the appellant must, promptly after receiving the records referred to in subsection (1) (a) and (b), pay to the general manager the full amount of the cost of producing that transcript.

 Affidavits

7  (1)  Subject to subsection (2), the parties must not file any affidavits with the appeal board.

(2)  If the appellant alleges in the notice of appeal that the general manager failed to observe one or more of the principles of procedural fairness,

(a) the appellant may file one or more affidavits with the appeal board if and to the extent only that those affidavits contain particulars of those allegations, and

(b) the general manager may file one or more affidavits with the appeal board if and to the extent only that those affidavits respond to those allegations or to any or all of the particulars referred to in paragraph (a).

 Statements of points

8  (1)  At least 30 days before the date set for the appeal hearing, the appellant must

(a) file with the appeal board

(i)  a statement of points that complies with subsection (3), and

(ii)  any affidavits that the appellant has filed or wishes to file with the appeal board under section 7 (2), and

(b) deliver to the general manager a copy of the records filed under paragraph (a).

(2)  Within 15 days after receipt of the appellant's statement of points, the general manager must

(a) file with the appeal board

(i)  a statement of points that complies with subsection (3), and

(ii)  any affidavits that the general manager has filed or wishes to file with the appeal board under section 7 (2), and

(b) deliver to the appellant a copy of the records filed under paragraph (a).

(3)  A statement of points filed by a party under subsection (1) or (2) must contain the following information:

(a) the facts on which the action, decision or order being appealed was based;

(b) the arguments that the party intends to present at the appeal hearing;

(c) an index of any decisions or legal authorities to which the party intends to refer at the appeal hearing to support the party's position.

 Appeal management

9  (1)  The appeal board may, subject to conditions it considers just, extend or abridge any time limit contained in these regulations and may, subject to this regulation, make any order it considers just for the effective conduct of the appeal.

(2)  Without limiting subsection (1), at any time after a notice of appeal has been received by the appeal board, the appeal board may, on its own motion or on an application by either party, request one or both of the parties to

(a) provide further information on one or more of the issues under appeal, or

(b) attend an appeal management conference.

(3)  The appeal board may direct that an appeal management conference be held in person, by telephone conference or by any other communications medium by which all participants in the appeal are able to communicate with each other.

 Confidentiality

10  If either party to the appeal considers that material that the party is required to furnish under this regulation is confidential, the party may apply under section 11 for an order that access to, or copying or distribution of, the material be limited or restricted in whole or in part, and the chair may, at his or her discretion, make any order the chair considers just respecting access to, or copying or distribution of, the material.

 Preliminary applications

11  The appeal board may make an order or give directions respecting an appeal before the appeal hearing if

(a) the party seeking the preliminary order or decision from the appeal board

(i)  applies in writing to the appeal board for that order or decision, and

(ii)  delivers a copy of that application to the other party, and

(b) the parties have been given an opportunity to be heard, either orally or in writing, on the subject matter of that application.

 Appeal hearings

12  (1)  An appeal hearing may consist of an oral hearing, a review of written submissions or both an oral hearing and a review of written submissions, as the appeal board considers just.

(2)  The appeal board may, subject to conditions it considers just, permit a party to use arguments, raise points of law or cite decisions or legal authorities that were not used, raised or cited in that party's statement of points.

(3)  If a party fails to appear at an appeal hearing, the appeal board may

(a) adjourn the appeal hearing,

(b) proceed to decide the appeal in the absence of the missing party, or

(c) consider the appeal to be abandoned and dismiss the appeal.

(4)  The appeal board may consider an appeal to be abandoned and may dismiss the appeal if the appellant fails to comply with section 8 (1).

(5)  Oral appeal hearings must be open to the public unless the chair considers the circumstances require otherwise and, in that case, the chair may order that the appeal hearing be held wholly or partially in private.

 Further evidence

13  (1)  Subject to subsection (2), if, on an appeal, an affidavit is filed by a party under section 7,

(a) the other party may seek leave from the appeal board to cross examine the person who swore the affidavit as to the affidavit's contents, and

(b) either party may seek leave from the appeal board to introduce oral evidence if and to the extent only that that evidence relates to the issue of procedural fairness raised in the notice of appeal.

(2)  A request for leave under subsection (1) must be brought no later than 5 days before the date set for the appeal hearing.

(3)  Promptly after the appeal board grants leave under subsection (1), the party who sought that leave must provide written notice to the other party of the leave granted under this section.

 Proceedings may be recorded

14  The chair may direct that any portion of the appeal hearing that is conducted as an oral hearing be recorded.

 Adjournment of an appeal hearing

15  The appeal board may adjourn any proceeding before it.

 Costs

16  The appeal board may make an order for costs under section 30 (7) (b) of the Act in, but not limited to, the following circumstances:

(a) the appeal is frivolous, trivial or vexatious;

(b) a party unreasonably or unnecessarily delays presenting the party's case;

(c) a party fails to comply with this regulation.

 Fees

17  (1)  If an appeal is withdrawn or abandoned at least 14 days before the date scheduled for the appeal hearing, the appeal board must refund to the appellant ½ of the filing fee referred to in section 2 (2).

(2)  The chair, at his or her discretion, may

(a) waive all or part of an appellant's filing fee if the chair considers that the fee presents an undue financial hardship for the appellant, and

(b) refund all or part of the filing fee to a successful appellant.