Time Limit to File Appeal
The appellant must deliver a written appeal notice to the Board and to the respondent within 30 days of being notified of the decision to be appealed.
The Board may extend the time to appeal in exceptional circumstances. There is no fee for filing an appeal.
Who Can Appeal to the Board
Before you start an appeal, it is a good idea to ensure that the decision you want to appeal can be appealed to the Board. The kinds of decisions that can be appealed to the STBCAB are set out under section 11 of the Industry Training Authority Act. Generally speaking, an individual who is affected by any of the following decisions may appeal:
- a refusal by the Industry Training Authority to award an industry training credential or industry training recognition credential
- the suspension or cancellation of an industry training credential or industry training recognition credential
- a refusal to register an individual as a trainee or the cancellation of an individual as a trainee
- the revocation of, or cancellation of the registration of, an industry training agreement.
The Appeal Notice
The notice of appeal must be in the form provided by the minister and must:
- be in writing
- contain the current contact information for the appellant and any lawyer or other representative, including: full name, address, telephone number, any fax or email address
- include the trade workers identification number where applicable;
- identify the specific matter being appealed including: the decision involved, the person who made the decision, date of the decision, the date you received the decision
- include a copy of the decision
- state the specific grounds and reasons for the appeal i.e. why the decision should be changed and what outcome is requested, and
- be signed by the appellant or the appellant’s lawyer or agent
Form 1 — Notice of Appeal Form
Filing a notice of appeal does not automatically stay or suspend the effect of the decision appealed. In some circumstances, if the person appealing requests it, the STBCAB may make an order suspending the decision pending appeal.
The following information sheet sets out the steps you need to take if you wish to apply for a stay.
It is not necessary to be represented by a lawyer. A party that chooses to have a lawyer is responsible for the cost of the lawyer. A party may also be represented or assisted by someone who is not a lawyer.
To File an Appeal
Hand deliver, mail or email the appeal notice to:
Skilled Trades BC Appeal Board
Attention: The Director
4th Floor -747 Fort Street
Victoria BC V8W 3E9
Email: info@stbcab.ca
Additional Avenues of Review
The decisions of the ITAB are final and conclusive within their jurisdiction and can not normally be appealed. The parties to the appeal may seek further redress, in certain circumstances, if they believe the ITAB acted outside its jurisdiction or the appeal process was unfair, as follows:
- Under the Judicial Review Procedure Act;
- Through the BC Ombudsperson;
- Supreme Court of BC Judicial Review