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Part of Quality, safety and compliance

Childcare – Appeal a decision: Know your options

Know your options to appeal a decision made by the Ministry of Education and Childcare.

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Appeal a decision

Introduction

Licensing officers make decisions under the authority of the Statutory Director, an individual designated by the Minister to carry out responsibilities outlined in the Early Learning and Child Care Act and Regulation. If you are a licence holder and disagree with a decision made by your licensing officer, the Act gives you 3 ways to bring forward your concerns. These options are designed to be fair, supportive and transparent. They include:

  • alternative dispute resolution
  • administrative review
  • formal appeal through an appeal hearing

Options to appeal a decision

Select the options below to learn more about the steps, timelines and documentation needed for each process, including how to prepare for a formal appeal hearing.

Two people shaking hands with a woman in the background
Alternative dispute resolution

Speak with your licensing officer to clarify your concerns about a government decision.

Hand holding a stack of files held together with a bullnose clip with more papers in a stack underneath
Administrative review

Request a reassessment by licensing officers not involved in the original decision.

Hand pulling a paper out of a rack of files
Formal appeal

Request a hearing to challenge a government decision through an independent appeal panel.

Hand holding a pen and pointing to a spot on a pad that another person sitting across the desk with folded hands is facing
Appeal hearing

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

Important timelines

You are not required to go through alternative dispute resolution or an administrative review before requesting a formal appeal. However, it is important to understand the timelines to maintain your right to appeal:

  • administrative review: must be requested within 30 days of the decision date.
  • formal appeal: must be requested within 30 days after you were notified of the original decision.

You can submit an administrative review and a formal appeal at the same time. If the administrative review resolves your concern, you can withdraw your formal appeal before the hearing.

Decisions you can appeal

Examples of decisions you can request to revisit include:

  • the refusal to issue or renew a licence
  • conditions imposed on a licence
  • the refusal to vary a licence
  • a decision to issue an order to remedy or vary a provision of a licence
  • an order to close the premises or a portion of the premises
  • suspension of a licence and issuance of a probationary licence
  • cancellation of a licence
  • refusal to reinstate a suspended licence
  • the issuance of an administrative penalty

A different process is in place for early childhood educators who disagree with a decision related to their certification. Educators can request a formal appeal within 30 days of being notified of the certification change. See the formal appeal process for more information.

If you are an early childhood educator or an unlicensed provider who disagrees with the issuance of an administrative penalty, you can request a formal appeal within 30 days of being notified of the decision. 

Resources

Details on these processes can also be found in these resources:

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