January 28, 2011
Reconsideration Process
- A person may request a reconsideration of a ministry decision resulting in a refusal, reduction or discontinuance of assistance or a supplement, or concerning the conditions of, or non compliance with, an employment plan.
- Persons who are dissatisfied with an original decision made by the ministry are encouraged to first discuss the decision with their worker. If the person remains dissatisfied with the decision, they may request a reconsideration of that decision.
- The reconsideration decision is a new ministry decision and is the final ministry decision.
Appeal Process
- Persons who are dissatisfied with the outcome of their request for reconsideration may, in most cases, appeal the decision to the Employment and Assistance Appeal Tribunal (the Tribunal).
- The Tribunal is an independent, arms-length body that is responsible for the overall management and administration of the appeals process.
- The Tribunal Chair and Vice-Chairs are appointed by the Lieutenant Governor. The Tribunal Chair is responsible for general administration and management of the Tribunal.
- The Tribunal members are recruited from communities throughout British Columbia and appointed by the Minister for a set term.
- The Tribunal Chair appoints a panel consisting of up to three members to hear each appeal.
- Most hearings are conducted in person, usually in or near the appellant’s community. Hearings can also take place by teleconference or, if both parties consent, in writing.
- The Tribunal panel may only admit the submissions, information, and/or records that were before the ministry when the reconsideration decision was made, and any oral and/or written testimony in support of that evidence.
- The Tribunal panel will determine whether the ministry reasonably applied the relevant acts and regulations or whether the ministry’s decision was reasonably supported by the evidence submitted.
- The decision of the Tribunal panel either confirms or rescinds the ministry’s decision. The panel cannot to replace the ministry decision with one of its own.
More information on original decisions, reconsideration and appeal is available at: www.gov.bc.ca/meia/online_resource/decisions_reconsideration_and_appeal/
More information on the Tribunal is available on the Employment and Assistance Appeal Tribunal website at: www.gov.bc.ca/eaat/
-30-
