Part 3, Section 23 | HORSE RACING ALBERTA ACT | RSA 2000 | Chapter H-11.3
Part 3 - Appeals
Appeal Tribunal
23 (1) The Minister shall
(a) appoint an Appeal Tribunal consisting of at least 5 persons and not more than 7 persons to hear appeals under this Act, and
(b) designate one of the members of the Appeal Tribunal as the chair of the Appeal Tribunal.
(2) The term of office of a member of the Appeal Tribunal shall not exceed 3 years.
(3) A person who is a member of the Appeal Tribunal may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed as a member of the Appeal Tribunal.
(3.1) Subsection (3) applies to members holding office on the coming into force of this subsection.
(4) A person shall not at any one time be a member of both the board and the Appeal Tribunal.
(5) The Minister shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set by order the remuneration and expenses payable to the chair and members of the Appeal Tribunal.
(5.1) If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses payable to the chair or members of the Appeal Tribunal, those regulations prevail, to the extent of any conflict or inconsistency, over an order of the Minister under subsection (5).
(6) The amount of the remuneration and expenses prescribed under subsection (5) and the expenses and costs incurred in the operation of the Appeal Tribunal shall be paid by the Corporation.
(7) to (10) Repealed 2023 c3 s10.
RSA 2000 cR-1 s23;2002 c22 s7;2009 cA31.5 s51;2023 c3 s10
Panels and quorum
24 (1) The board shall
(a) establish panels of 3 members of the Appeal Tribunal to deal with a particular matter or class or group of matters, and
(b) designate a member to chair each panel convened under clause (a).
(2) An Appeal Tribunal panel established under subsection (1) may perform the functions of the Appeal Tribunal in respect of the particular matter or class or group of matters for which the panel was established, and when performing any of those functions, the panel has all the powers and jurisdiction of the Tribunal, except for the power to make rules under section 28(2).
(3) A majority of the members of a panel constitutes a quorum.
(4) A decision of a majority of the members of a panel is the decision of the Appeal Tribunal.
(5) The board may delegate its powers in this section to the chair of the Appeal Tribunal.
2023 c3 s10
Role of the Corporation
24.1 (1) The Corporation shall not give any directions to the Appeal Tribunal with respect to the conduct of appeals or the operation of the Appeal Tribunal.
(2) Notwithstanding subsection (1), the Corporation is entitled to appear as a party before the Appeal Tribunal and to present evidence and make submissions.2023 c3 s10
Appeal
24.2 Where a racing official makes a ruling or gives a direction and the rules under section 22(1)(ee) prescribe that the ruling or direction can be appealed, a person affected by that ruling or direction may appeal to the Appeal Tribunal.
RSA 2000 cR-1 s24;2023 c3 s10
Commencement of appeal
25 (1) A person who has a right of appeal may commence an appeal by serving on the Corporation, or on a person designated by the Corporation, a notice of appeal within 30 days from the day that the person receives written notification of the ruling or direction being appealed.
(2) On being served with a notice of appeal, the Corporation shall, within 10 days from the day of being served with the notice of appeal, deliver the notice of appeal to the chair of the Appeal Tribunal.
1996 cR-1.5 s25
Decision of Appeal Tribunal
26 (1) When the Appeal Tribunal hears an appeal, the Appeal Tribunal may, by order, do one or more of the following:
(a) dismiss the appeal;
(b) allow the appeal and give such directions, if any, that the Appeal Tribunal considers appropriate in the circumstances;
(c) vary the decision;
(d) prescribe terms and conditions to which its order is subject;
(e) make any other decision that in the opinion of the Appeal Tribunal is in the best interests of horse racing;
(f) subject to section 28(2)(l), award costs.
(2) The Appeal Tribunal shall notify the parties to the appeal and the Corporation in writing of the Appeal Tribunal’s decision.
(3) Notwithstanding subsection (1), the Appeal Tribunal does not have the authority to order that a rule made under this Act be repealed, amended or otherwise varied.
RSA 2000 cR-1 s26;2023 c3 s10
Judicial review
27 (1) Subject to subsection (2), no decision, order, directive, ruling or proceeding of the Appeal Tribunal shall be questioned or reviewed in any court by way of an application for judicial review or otherwise, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Appeal Tribunal or any of its proceedings.
(2) A decision, order, directive, ruling or proceeding of the Appeal Tribunal may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the originating notice is filed with the Court of Queen’s Bench and served on the Appeal Tribunal no later than 30 days after the date of the decision, order, directive, ruling or proceeding, or reasons in respect of it, whichever is later.
(3) The Court of King’s Bench may, in respect of any application under subsection (2),
(a) determine the issues to be resolved on the application, and
(b) limit the contents of the return from the Appeal Tribunal to those materials necessary for the disposition of those issues.
RSA 2000 cR-1 s27;AR 217/2022
Procedure before Appeal Tribunal
28 (1) For the purposes of conducting appeals before the Appeal Tribunal,
(a) the Appeal Tribunal may require the production or disclosure of any record, object or thing;
(b) the Appeal Tribunal may grant interim relief and stays;
(c) the Appeal Tribunal may conduct hearings
(i) in person, and
(ii) by electronic or telephonic means that enable all persons who are required or entitled to participate in the hearing to hear and communicate with each other instantaneously;
(d) if a party to the appeal fails to attend the hearing, the Appeal Tribunal may proceed with the hearing;
(e) the Appeal Tribunal may take evidence under oath;
(f) the chair and the other members of the Appeal Tribunal have the same power as is vested in the Court of King’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, and
(iii) to compel witnesses to give evidence in person or
otherwise;
(g) any member of the Appeal Tribunal may administer oaths for the purpose of taking evidence;
(h) the Appeal Tribunal may reconsider a previous decision made by the Appeal Tribunal;
(i) without limiting the power of the Appeal Tribunal to determine its own procedure, the Appeal Tribunal may
(i) adopt rules from the Alberta Rules of Court or other rules,
(ii) adjourn matters,
(iii) determine the applicable rules of evidence,
(iv) determine how to receive and record evidence, and
(v) determine how decisions are to be issued and, if applicable, published.
(2) With respect to appeals before the Appeal Tribunal, the Appeal Tribunal may make rules applicable to the entire Tribunal
(a) respecting notices of appeal;
(b) respecting the procedure before the Appeal Tribunal, including
(i) the adoption of rules from the Alberta Rules of Court orother rules, and
(ii) the procedure if a party to the appeal fails to attend the hearing;
(c) respecting the production or disclosure of any record, object or thing;
(d) respecting adjournments of matters before the Appeal Tribunal;
(e) respecting interim relief and stays;
(f) respecting hearings conducted
(i) in person, and
(ii) by electronic or telephonic means that enable all persons who are required or entitled to participate in the hearing
to hear and communicate with each other instantaneously;
(g) respecting the attendance of witnesses;
(h) respecting the applicability of the rules of evidence in judicial proceedings to hearings before the Appeal Tribunal;
(i) respecting the receiving and recording of evidence;
(j) respecting the issuing and publication of decisions of the Appeal Tribunal;
(k) respecting the reconsideration of decisions made by the Appeal Tribunal;
(l) respecting costs.
(2.1) Rules under subsection (2) must be approved by a majority of the appointed members of the Appeal Tribunal.
(3) The Regulations Act does not apply to rules made under this section.
(4) Where a rule is made under subsection (2), the Appeal Tribunal shall publish the rule in Part I of The Alberta Gazette.
(5) A rule that is not published in accordance with subsection (4) is not valid against a person who has not had actual notice of the rule.
(6) On publication of a rule in Part I of The Alberta Gazette, every person is deemed to have notice of the rule.
RSA 2000 cR-1 s28;AR 217/2022;2023 c3 s10