Article Index

Section 28 HORSE RACING ALBERTA ACT RSA 2000 Chapter H-11.3

            

 

Procedure before Appeal Tribunal

28(1) For the purposes of conducting appeals before the Appeal Tribunal,

(a) the chair and the other members of the Appeal Tribunal have the same power as is vested in the Court of Queen’s Bench for the trial of civil actions

(i) to summon and enforce the attendance of witnesses,
(ii) to compel witnesses to give evidence on oath or
otherwise,
(iii) to compel witnesses to give evidence in person or otherwise, and
(iv) to compel witnesses to produce any record, object or thing that relates to the matter being heard;

(b) the Appeal Tribunal may take evidence under oath;

(c) any member of the Appeal Tribunal may administer oaths for the purpose of taking evidence;

(d) the Appeal Tribunal may grant interim relief and stays in respect of the proceedings before the Appeal Tribunal;

(e) the Appeal Tribunal may reconsider a previous decision made by the Appeal Tribunal.
 

(2) With respect to appeals before the Appeal Tribunal, the Appeal Tribunal may make rules

(a) governing notices of appeal;

(b) governing the procedure before the Appeal Tribunal;

(c) governing adjournments of matters before the Appeal Tribunal;

(d) governing the attendance of witnesses;

(e) governing the applicability of the rules of evidence in judicial proceedings to hearings before the Appeal Tribunal;

(f) governing the receiving and recording of evidence;

(g) empowering the Appeal Tribunal to proceed when a party to the appeal fails to appear at or attend a hearing;

(h) governing the interim relief and stays that may be granted;