Skip to content

Popular topics:

Alberta.ca Account
Part of Appeal a decision

Childcare Licensing and Certification – Appeal a decision

Find out how to appeal a decision made by the Statutory Director under Early Learning and Child Care (ELCC) legislation.

Explore pages in:
Appeal a decision

Overview

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:

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.

Who can appeal

You can appeal a decision if you:

  • are a childcare licence holder (a person or corporation who has been issued a licence under the Early Learning and Child Care Act and Regulation)
  • 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
  • have been issued 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. These are general guidelines about decisions the appeal panel may review:

  • 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
    • issuing an administrative penalty

  • Early childhood educators

    • imposing terms and conditions to an individual’s early childhood educator certification
    • issuing an administrative penalty
    • issuing an administrative penalty under the Family Day Homes Standards Manual for Alberta (applies to family day home educators)
    • submitting inaccurate certification documentation to increase certification level (if already certified)
    • suspending an individual’s early childhood educator certification
    • cancelling an individual’s early childhood educator certification

Appeal timelines

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.

No extension to appeal timelines are allowed.

Steps to file an 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 an appeal form

    • Download: open the Notice of Appeal Form in Adobe Reader, read the instructions, fill it in, save it, then print it. Alternatively, print a copy and fill it in by hand.
    • Paper copy: contact an Appeals Secretariat office 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.
    • When completing the form, indicate what decision you are appealing and outline in detail the reason you are appealing it.
    • Make sure the form is signed.
    • Keep copies for your files.

    If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

  • Step 2. File your notice of appeal

    Make sure to:

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

    Submit your documents by:

After you file an appeal

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 the Appeals Secretariat 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 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 the statutory director decision.

Tell the Appeals Secretariat right away and follow up with your decision not to proceed in writing via email if you want to withdraw your appeal.

Resources

Related

Previous Administrative review
Next Appeal hearing