Appealing a Decision
When COTM has assessed your application for registration, you will be notified in writing of the outcome of the assessment by COTM's Board of Assessors. If you apply in phases, you will be told the outcome for each phase of the assessment. If COTM does not approve your application or approves your application subject to conditions, you will be told the reasons in writing. COTM will also communicate what is necessay for you to do to meet the requirements for registration.
When you receive an unfavorable decision and you feel you have good reason to believe the decision is wrong or in error, you can request that your application be reconsidered and you have a right to file an appeal.
COTM will reconsider and possibly change a decision if there are good reasons to do so. This may occur when an applicant indicates that COTM was provided with incorrect or incomplete information or when relevant circumstances were not considered. To have a decision reconsidered, you must contact COTM and request a review. You are responsible to make clear the reasons for review and provide information that supports reconsideration. You are encouraged to avail yourself of COTM’s Reconsideration Process before initiating a formal appeal, as this often is the most timely and effective way to resolve the issue.
Formal appeals must be made in writing within 30 days of receiving the decision or within 30 days of receiving a reconsideration decision. Appeal notification must be sent to COTM Council and with this notification, you must describe why you are filing an appeal. COTM Council has the authority to overturn registration decisions, but will only do so on the basis of good reasons. COTM Council is familiar with the logic and rationale of COTM assessment and registration procedures and it is your responsibility to clearly make the case or explain why you feel a decision needs to be altered.
What happens next
The Council will arrange a hearing within 90 days of receiving your letter of appeal. You will receive notice of the hearing and will be able to make a presentation at the hearing with a lawyer present if you wish.
The Council is allowed 90 days to make a decision. You will receive written notice of their decision within the next 30 days.
If you are not satisfied with the Council’s decision, you can appeal that decision to the provincial Court of Appeal. This appeal must be made in writing within 30 days of receiving the Council’s decision. The Court has the power to make a decision, or to refer the matter back to the Council for further consideration.
For more details, see The OT Act: Section 11 and Section 12 in Further Reading.