Appealing Workers’ Compensation Board & Commission Decisions in Common Law Provinces
| Province | Internal Appeal | Appeal Time Limit | Commission/Tribunal | Appeal Time Limit |
|---|---|---|---|---|
| British Columbia | Yes - Review Division | 90 days from the date of the decision | Yes - WCAT | 30 days following Review Division decision |
| Alberta | Yes - DRDRB | 1 year from date of decision | Yes - Appeals Commission | 1 year from date of the DRDRB Decision |
| Saskatchewan | Yes - Appeals Division | No time limit to appeal | Yes - Board Appeal Tribunal | No time limit to appeal |
| Manitoba | Yes - Review Office | No time limit to appeal | Yes - Appeals Commission | No time limit to appeal |
| Ontario | Yes - Appeals Branch | 6 months from date of decision - 30 days if RTW or Labour Market Re-entry issue | Yes - WSIAT | 6 months from date of Appeals Branch decision |
| New Brunswick | Yes - Issues Resolution Office | 1 year after the date of the decision | Yes - WCAT | 1 year from date of Issues Resolution Office decision |
| P.E.I | Yes - Internal Reconsideration Officer | 90 days from date of decision | Yes - Appeals Tribunal | 30 days from date of the Internal Reconsideration decision |
| Nova Scotia | Yes - Internal Appeals Department | Within 30 days of receiving the decision | Yes - Appeals Tribunal | 30 days from date of the Internal Appeals Department decision |
| Newfoundland | Yes - Internal Review Division | Within 30 days of receiving the decision | Yes - WHSCRD | 30 days from date of the Internal Review Division decision |
| Yukon | Yes - Hearing Office | 24 months from the date of the decision | Yes - Workers' Compensation Appeals Tribunal (WCAT) | No time limit to appeal to Tribunal |
| Northwest Territories/Nunavut | Yes - Review Committee | 3 years from the date of the decision | Yes - Appeals Tribunal | Within 3 years of Review Committee decision |
NOTE 1: APPEALS TO COURTS: There are limited rights of appeal to the courts in some provinces. Notably: (1) British Columbia: WCAT decisions are final and not open to question or review via the courts; (2) Alberta: Appeal Commission decisions are final but can be appealed to the Court of Queen’s Bench on questions of law or jurisdiction; (3) Saskatchewan: Board decisions are final with no appeal to the courts; (4) Manitoba: Appeals Commission decisions are final although courts can entertain an application for judicial review in limited circumstances; (5) Ontario: WSIAT decisions are final however parties can bring an application for judicial review; (6) New Brunswick: WCAT decisions can be appealed to the Court of Appeal; (7) P.E.I.: Appeal Tribunal decisions can be appealed to the Court of Appeal on questions of law or jurisdiction with leave of the Court; (8) Nova Scotia: Appeals Tribunal decisions can be appealed to the Court of Appeal concerning matters of law or jurisdiction with permission of the Court; and (9) Newfoundland: the Commission on its own or following application from a party can bring forward a question of law to the Trial Division.
NOTE 2: DECISION PUBLICATION: Decisions from most of the various provincial external appeal bodies are available online. Notably: (1) British Columbia: WCAT maintains an online searchable database of WCAT decisions. WCAT decisions are also available on the Canadian Legal Information Institute (CanLII) website which contains all WCAT decisions from January 1, 2008 to present and partial publication from 2003 through to 2007; (2) Alberta: Appeals Commission decisions are available on the CanLII website with complete publication from January 1, 2008 to present and partial publication from 1996 through to 2007; (3) Saskatchewan: there is no external appeal body; Board decisions are not published; (4) Manitoba: the Appeal Commission maintains an online searchable database of decisions; (5) Ontario: WSIAT maintains an online searchable database of decisions. WSIAT decisions are also available on the CanLII website for the period 1986 to present; (6) New Brunswick: WCAT decisions are available on the CanLII website with complete publication from January 1, 2008 to present and partial publication from 2000 through to 2007; (7) P.E.I.: the Appeals Tribunal maintains an online searchable database of decisions; (8) Nova Scotia: WCAT decisions issued prior to 2010 are available through the Nova Scotia Department of Labour and Advanced Education website – www.novascotia.ca/lae/databases. WCAT decision are also located on the CanLII website with complete publication from January 1, 2010 to present and six decisions published prior to 2010.; and (9) Newfoundland: WHSCRD maintains an online searchable database of decisions from January 2013 to present.
DISCLAIMER: this table and the associated notes is compiled for informational purposes only. Compcore Law Group Professional Corporation makes no representations or warranties as to accuracy or completeness and the content should not be construed as legal advice. For further information please contact the appropriate Board – Commission – Tribunal or the office of Compcore Law Group Professional Corporation.