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Part of Appeal a decision

Childcare – Formal appeal

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

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Appeal a decision

Overview

An appeal process is available if licence holders or certified educators disagree with an appealable decision made by Alberta’s licensing or certification teams. These decisions could be about an existing childcare licence, a licence application, a licence renewal, or a change to an individual’s early childhood educator’s 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 the decision

Who can appeal

You can appeal a decision if you:

  • are a childcare licence holder
  • applied for a licence for a new childcare program
  • applied to renew a licence for an existing childcare program
  • are an early childhood educator whose certification status has been changed to conditional, suspended or cancelled
  • are a licence holder, an early childhood educator or unlicensed childcare provider who has received an administrative penalty

What can be appealed

Under the Early Learning and Child Care Act and Regulation, you have the right to appeal most decisions made by the statutory director. See below for the types of decisions you can appeal based on your situation. Note that while your appeal is pending, the original decision remains in effect.

  • Facility-based licence holders

    • 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
    • issuing an order to close part or all of a facility
    • suspending a licence and issuing a probationary licence
    • refusing to reinstate a suspended licence
    • cancelling a licence
    • issuance of an administrative penalty

  • Family day home agency licence holders

    • varying a provision of a licence
    • imposing conditions on a licence
    • issuing an order to remedy
    • suspending a licence and issuing a probationary licence
    • cancelling a licence
    • issuance of an administrative penalty

  • Early childhood educators

    • 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
    • issuance of an administrative penalty

For more information, review the Early Learning and Child Care Act and Regulation, or contact the Appeals Secretariat, the government agency that coordinates formal appeals.

How to file an appeal

Make sure to appeal within the 30-day deadline from the date you received the decision in person, by phone, email or letter, which informs you of your right to appeal.

Fillable PDF forms may not open properly on some mobile devices and web browsers. See the step-by-step guide or contact PDF form technical support.

Step 1. Complete a notice of appeal

Fill out and sign an appeal form:

  • Download: open the Notice of Appeal to the Appeal Panel form in Adobe Reader, read the instructions, fill it in, save it and print it. You can also 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.

Include any supporting documents:

  • a copy of the decision being appealed
  • an Authorization form if someone will be acting on your behalf during the appeal process

Keep copies of all documents for your records.

Step 2: Submit your notice of appeal

After you file

You will get a letter from the Appeals Secretariat saying they received your appeal and are organizing your appeal hearing. Contact them if you:

  • need an interpreter, since all hearings are in English
  • want information about organizations that can help you with your appeal
  • are waiting for any new information related to the appeal
  • want to withdraw your appeal
  • have moved or changed contact information, so you can still be reached about the hearing date – if you do not take part when the hearing is scheduled, it may happen without you

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

Withdrawing an appeal

You can withdraw your appeal at any time. Doing so means you no longer want to appeal the decision and the process will be stopped. If you choose to withdraw your appeal, tell the Appeals Secretariat as soon as possible.

Resources

Contact

The Appeals Secretariat is a government office that runs separately from the Ministry of Education and Childcare.

Connect with the Appeals Secretariat:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 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

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