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Part of Persons with Developmental Disabilities (PDD)

PDD – Appeal a decision

Find out how to appeal a Persons with Developmental Disabilities (PDD) program decision.

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Appeal a decision

Introduction

If you disagree with a decision the Persons with Developmental Disabilities (PDD) program makes and that decision affects you, you may be able to appeal it.

Who can appeal

You can appeal a decision the PDD program made if you are:

  • receiving services or applied to receive services
  • affected by the decision about those services

What can be appealed

Under the Persons with Developmental Disabilities Services Act (PDD Act) you have the right to appeal most decisions the PDD program makes. These are general guidelines about decisions the Citizen’s Appeal Panel (CAP) may and may not review:

  • Decisions that CAP may review

    The CAP may review decisions about:

    • your eligibility for services
    • the type of services and the amount provided

    They may agree with, reverse or change the PDD program’s decision.

  • Decisions that CAP may not review

    The CAP may not review decisions about:

    • refuse to enter into a contract with a service provider
    • end a contract with a service provider
    • change a contract with a service provider

Appeals timelines

Make sure to appeal within the 45-day deadline from the date you:

  • got the decision in person, by phone, email or letter
  • were told about your right to appeal

The 45-day time limit will be affected if you choose to try mediation to resolve the concern. Mediation is when a person who does not work for the PDD program assists you and the PDD program to reach a decision that is agreeable to everyone involved. Your PDD worker will help arrange mediation.

If you choose mediation before filing an appeal, the appeal time limit starts 30 days from the day the mediation ends.

Time extensions

Under section 15(6) of the PDD Act, the minister has the authority to extend appeal timelines.

If you cannot file or did not file your appeal within the 45-day or 30-day (after of mediation end date) deadline, you can ask for more time by:

  • sending a letter or email to the Appeals Secretariat asking for more time and including:
    • when you got the decision you are appealing
    • when you found out you had 30 days to appeal
    • why you were unable to appeal within the 30-day time limit

The minister’s delegate at the Appeals Secretariat will review your request and decide whether to allow you more time. You will get this decision in writing.

  • If you think the minister’s delegate’s decision is unfair, you cannot appeal it to the CAP. However, you have 2 options:
    • contact the Alberta Ombudsman
    • apply for judicial review
  • If you are not allowed more time, your appeal will be closed, and it will not go to the CAP.

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

    • Download: Open the PDD Notice of Appeal form in Adobe Reader, read the instructions, fill it in, save it, then print it. Alternatively, you can print a copy and fill it in by hand.
    • 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.
    • Keep a copy 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 and the Authorization form if someone will be acting on your behalf
    • include a copy of the letter with the PDD decision you are appealing, if you received one
    • keep copies of all documents for your own files

    Submit your documents by:

After you file an appeal

Under section 5(1) of the PDD Regulation, the minister must review and accept the appeal.

The minister’s delegate with the Appeals Secretariat will review your Notice of Appeal to see if:

  • it is a decision that can be appealed under the PDD Act
  • you filed your appeal within the deadlines

Once the Appeals Secretariat has all the information they need, they will decide whether to accept your appeal.

  • If your appeal is accepted

    The Appeals Secretariat will send you a letter saying your appeal has been accepted. They will also contact the PDD program to see if you tried the PDD dispute resolution process to resolve your concern. The process includes 3 options:

    • talking to the PDD program
    • requesting a PDD program decision review
    • mediation

    If you have not tried the dispute resolution process before filing your appeal, the Appeals Secretariat will refer you to the PDD program. You will have 30 days to work with them and try one or more options to resolve your concern.

    If you resolve your concern through the dispute resolution process, you can choose to withdraw your appeal. If you do not, the Appeals Secretariat will continue your appeal.

    The Appeals Secretariat will start setting up your appeal hearing. Let the Appeals Secretariat know 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
    • 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

  • If your appeal cannot be accepted

    The Appeals Secretariat may decide your appeal cannot be accepted for these reasons:

    • the appeal is for a PDD program decision that cannot be appealed under the PDD Act
    • you do not have a reasonable explanation for missing the appeal deadlines

    When your appeal cannot be accepted, the Appeals Secretariat sends you a letter saying it cannot be accepted. Your appeal will be closed and not go to the appeal panel.

    If you think the Appeals Secretariat’s decision is unfair, you cannot appeal their decision to the appeal panel. However, you have 2 options:

    • contact the Alberta Ombudsman
    • apply for judicial review

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped, and you no longer want to appeal the PDD program’s decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Contact

Appeals Secretariat offices

Related

Back to Persons with Developmental Disabilities (PDD)
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