Child care licensing – How to appeal

Overview

An appeal process will occur if you disagree with a decision Children’s Services has made about a licensed child care program or agency or to an individual’s early childhood educator certification (i.e., to add conditions, suspend or cancel certification).

When you ask to appeal a decision, an appeal panel will review the decision. The appeal panel:

• is made up of private citizens who are not Government of Alberta employees
• has the authority and training to hear your appeal
• may agree with, change or cancel Children's Services’ decision

Who can appeal

You can appeal a decision Children's Services has made if you:

• are a child care licence holder
• applied for a licence for a new child care program
• applied to renew a licence for an existing child care program
• are an early childhood educator whose certification status has been changed to conditional, suspended or cancelled

What can be appealed

Under the Early Learning and Child Care Act and Regulation, you have the right to appeal most decisions Children's Services makes.

The Regulation outlines the following matters that can be appealed by a facility-based licence holder:

• issuing or renewing a licence subject to conditions
• refusing to issue or renew a licence
• refusing a request to vary a provision of a licence
• varying a provision of a licence
• imposing conditions on a licence
• issuing an order to remedy
• suspending a licence and issuing a probationary licence
• refusing to reinstate a licence that has been suspended
• cancelling a licence

The Regulation outlines the following matters that can be appealed by a family day home agency licence holder:

• varying a provision of a licence
• imposing conditions on a licence
• issuing an order to remedy
• cancelling a licence

The Regulation also outlines matters that can be appealed by individuals other than a licence holder:

• impose terms and conditions to an individual’s Early Childhood Educator Certification
• suspend an individual’s Early Childhood Educator certification
• cancel an individual’s Early Childhood Educator certification

For more information, review the Early Learning and Child Care Act and the Regulation, or contact the Appeals Secretariat.

How to file

Make sure to appeal within the 30-day deadline from the date you:

• received the decision in person, by phone, email or letter and informing you about your right to appeal

Step 1. Complete a notice of appeal

Fill out an appeal form:

• Download: open the Notice of Appeal to the Appeal Panel form (PDF, 751 KB) in Adobe Reader, read the instructions, fill it in, save it and print it. Or, print a copy and fill it in.
• Paper copy: contact the Appeals Secretariat to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.

Make sure the form is signed.

Include an Authorization form (PDF 71 KB) if someone will be acting on your behalf throughout the appeal process .

Keep copies for your files.

Step 2. File your notice of appeal

Make sure to:

• include your signed Notice of Appeal form and the Authorization form if someone will be acting on your behalf
• include a copy of letter with Children's Services’ decision, if you received one
• keep copies of all documents for your own files

Submit your documents by:

• Online: scanning and emailing them to [email protected] .ab.ca, or
• Paper copy: mailing, faxing or taking them to the Appeals Secretariat office or a Children's Services office

After you file

You will get a letter from the Appeals Secretariat saying they received your appeal. The Appeals Secretariat will start setting up your appeal hearing. Contact them, if you:

• need an interpreter since all hearings are in English
• want to get information about organizations that may be able to help you with your appeal
• are waiting for any new information related to the appeal
• want to withdraw your appeal
• have moved or changed your phone number or email so they can reach you to give you the hearing date – if you do not take part when the hearing is scheduled, it may happen without you and your right to appeal will end

Find out what happens before, during and after the appeal hearing.

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal Children's Services’ decision. If you choose to withdraw your appeal, tell the Appeals Secretariat as soon as possible.

Contact

The Appeals Secretariat is a neutral government office that runs separately from Children's Services.

Connect with the Appeals Secretariat:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 12 to 1 pm and statutory holidays)
Phone: 780-427-2709
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-422-1088
Email: [email protected]

Address:
2nd floor, Agronomy Centre
6903 116 Street NW
Edmonton, Alberta  T6H 5Z2