Overview
The Public Health Appeal Board (PHAB) hears appeals from people served with orders under section 62 of the Public Health Act and in respect of decisions to issue, cancel, suspend, or refuse to issue a licence, permit or other approval as defined in the Public Health Act regulations.
The PHAB is a quasi-judicial board and functions independent of government departments to ensure fairness and impartiality when hearing appeals of decisions made under the Public Health Act (part 1, sections 3 to 7).
PHAB appeal process
The appellant should familiarize themselves with the PHAB Rules of Procedure for detailed information about PHAB proceedings.
Stay applications
A stay suspends the enforcement of the order or decision that is being appealed until the PHAB hears and decides on the appeal. Simply appealing the decision or order does not act as a stay of the order being appealed. The order or decision continues to be in effect if no stay of the order is granted by the Chair or Vice Chair of the PHAB.
An appellant may apply for a stay prior to the appeal hearing. A stay hearing is generally held by way of a telephone conference call or written submissions prior to the appeal hearing.
An appellant may wish to contact Alberta Health Services prior to the stay hearing to determine if they will agree to a stay of the order prior to the stay hearing. The Chair or Vice Chair of the PHAB will decide whether to grant a stay after reviewing the submissions (verbal or written) from the appellant and Alberta Health Services which may include any agreement reached by the parties.
Prepare for the appeal
To prepare for the appeal:
- Decide what outcome you want with respect to the order or decision you are appealing. The PHAB can confirm, reverse or vary the decision. Read section 5(11) of the Public Health Act.
- Gather all the information that supports the decision you want the PHAB to make. The information could include documents, verbal evidence, objects, photographs, articles, previous cases, experts or technical information.
- Organize the information to make it as easy as possible for the PHAB to understand your position.
- Review sections in the Public Health Act and regulations that apply to your appeal and reference them in the appeal hearing.
- Organize any witnesses you want to have attend the hearing on your behalf.
- Ensure you have prepared your opening statement, closing statement/submissions, questions you may want to ask of any witnesses attending on your behalf, questions you may want to ask the executive officer or other witnesses giving evidence.
Decisions, withdrawals and adjournments
Learn about what happens after an appeal and how to postpone a hearing or withdraw your case.
PHAB past decisions
Below are past decisions by the PHAB, categorized by topic.
Freedom of Information and Protection of Privacy
The personal information contained in these documents was collected and used pursuant to section 33(c) and section 39(1)(a) of the Freedom of Information and Protection of Privacy Act.
Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for an operating program or activity of the PHAB.
Section 39(1)(a) provides that the PHAB may use personal information only for the purpose for which the information was collected or compiled for a use consistent with that purpose.
The collection and use of this information was necessary for the PHAB to process and hear appeals from citizens served with orders under the Public Health Act. Section 40(1)(bb) of the Freedom of Information and Protection of Privacy Act permits the PHAB to disclose personal information when the personal information is made available to the public.
Membership and governance
The PHAB consists of up to 5 members of the public appointed by the Lieutenant Governor in Council to hear appeals.
Search the list of public agencies to find the PHAB's:
- mandate and roles
- code of conduct
- current membership
Annual reports
Compensation disclosure
Public sector bodies are required to post online the names and compensation paid to all board members.
This is a requirement under the Public Sector Compensation Transparency Act. The postings are required by June 30 each year.
Download the compensation disclosure for the Public Health Appeal Board (disclosures for 2019 to 2023).
Contact
Connect with the PHAB:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-222-5186
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-422-0914
Email: healthappealboard@gov.ab.ca
Address:
Public Health Appeal Board
c/o Central Reception
Main floor, ATB Place North Tower
10025 Jasper Avenue NW
Edmonton, Alberta T5J 1S6