Regulations - Utility and Review Board - Criminal Injuries Compensation Appeal Rules

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Criminal Injuries Compensation Appeal Rules

made under Section 12 of the
Utility and Review Board Act
S.N.S. 1992, c. 11
and subsection 7(2) of the
Criminal Injuries Compensation Regulations
N.S. Reg. 25/95 (March 8, 1995)
1 These rules are made pursuant to Section 12 of the Utility and Review Board Act and [sub]section 7(2) of the Criminal Injuries Compensation Regulations and apply to any appeals to the Board under the Victims' Rights and Services Act.
2 These rules may be cited as the Criminal Injuries Compensation Appeal Rules.
3 In these rules
(a) "Act" means the Victims' Rights and Services Act;
(b) "appeal" means an appeal pursuant to Section 11L of the Act and Section 6 of the regulations;
(c) "applicant" means the person who is appealing to the Board under the Act;
(d) "Board" means the Nova Scotia Utility and Review Board;
(e) "Clerk" means the Clerk of the Board;
(f) "Director" means the Director of Victim[s'] Services;
(g) "regulations" mean the Criminal Injuries Compensation Regulations made by O.I.C. 94-119 dated February 15, 1994.
4 (1) An appeal to the Board shall be by notice in writing and may be in Form 3 of the regulations.
(2) The applicant within thirty days of the date the decision or award was received must file the notice of appeal with the Clerk of the Board by
(a) leaving a copy at the Board's office; or
(b) mailing a copy to the Clerk; or
(c) forwarding a copy to the Clerk via facsimile transmission.
(3) The applicant within thirty days of the date the decision or award was received must serve the notice of appeal on the Director by
(a) leaving a copy at the Director's office; or
(b) mailing a copy to the Director; or
(c) forwarding a copy to the Director via facsimile transmission.
5 (1) The notice of appeal shall include
(a) the name of the applicant;
(b) the date of the decision or award;
(c) the date that the decision or award was received by the appellant;
(d) a copy of the decision or award;
(e) the reasons for the appeal;
(f) the changes which should be made to the decision or award;
(g) the address of the applicant or the name and address of an individual upon whom documents or notices relating to the appeal may be served;
(h) a phone number, if available, at which the applicant or the individual referred to in clause (g) may be reached during normal business hours.
(2) A notice of appeal shall be signed by the applicant or the agent or solicitor acting on behalf of the applicant.
6 A notice of appeal may be amended at any time with leave of the Board.
7 (1) In any appeal, the Board may, itself, or on the application of any party, request the parties to appear before it for a prehearing conference to consider
(a) the definition of or the simplification of the issues;c
(b) the necessity or desirability of an amendment to the notice of appeal;
(c) a request for access to information in the custody or control of any party;
(d) whether or not the hearing should be open to the public;
(e) any other matter which may aid in the disposition of the appeal.
(2) If agreed to by all parties, a prehearing conference may be conducted by telephone.
8 On the application of any party, the Board may hold a preliminary hearing to
(a) determine any relevant question as to the Board's jurisdiction to hear the appeal;
(b) determine any question as to the admissibility of any evidence;
(c) consider an application for an order dismissing the appeal on the grounds that no appeal lies to the Board;
(d) determine any other matter which may aid in the disposition of the appeal.
9 The member of the Board who presides at a prehearing conference or a preliminary hearing shall not necessarily be required to hear the appeal.
10 (1) The Clerk, in consultation with the parties, shall attempt to set a date for the hearing of the appeal.
(2) Where the parties cannot reach agreement as to a date, the Chair shall set a date for the hearing.
11 The Clerk shall notify the parties of the date of the hearing.
12 (1) The Director shall not later than two weeks prior to the date of the hearing file with the Clerk four copies of an appeal record.
(2) An appeal record shall consist of the following:
(a) a table of contents;
(b) a copy of all material in the possession of the Director relating to the subject matter of the appeal;
(c) a copy of the decision or the award of the Director.
(3) The pages of the appeal record shall be numbered.
13 (1) The applicant shall not later than one week prior to the date of the hearing file with the Clerk three copies of any written material which the applicant intends to submit as evidence and deliver one copy to the Director.
(2) The Board may at its discretion waive the requirement in subsection (1).
14 The Board, either upon its own motion or upon application of any party, may adjourn a hearing from time to time.
15 (1) Hearings may be conducted in an informal manner and need not follow the strict rules of practice and procedure required by a court of law.
(2) A hearing may be conducted by videoconference or by telephone conference with the agreement of the parties.
16 The Board, whenever it deems it desirable, may require briefs to be filed by the parties within such time as the Board may prescribe.
17 The Board may destroy any exhibits remaining in its custody at the expiration of six months from the date of the decision, unless the return of those exhibits is requested by the party filing them, provided no appeal or judicial review of the decision has been commenced.

Form 3 - Notice of Appeal
Office Use Only
NSUARB:
Nova Scotia Utility and Review Board
Notice of Appeal

Applicant's Last Name (Please Print) First Name(s)
Address
Number/Street    City    Province    Postal Code Telephone:  Home:
                  Work:

I wish to appeal the decision/award of the Director of Victims' Services dated __________ (month/day/year) and received by me on _________ (month/day/year).
Please attach a copy of the decision or award.

Appeal Details
1. Please explain why you are appealing the decision:

2. Explain what changes you feel should be made to the decision:

Date: Signature:

This notice of appeal must be filed with the Clerk of the Board and a copy of the notice filed with the Director of Victims' Services within 30 days of receipt of the award or decision of the Director.

Clerk, Nova Scotia Utility and Review Board Director of Victims' Services
Mailing Address:
P.O. Box 1692 "M"
Halifax, Nova Scotia
B3J 3S3

Office Located at:
1601 Lower Water Street, 3rd Floor
Halifax, Nova Scotia
Phone:  (902) 424-4448
Fax:  (902) 424-3919 Mailing Address:
Department of Justice
Victims' Services Division
P.O. Box 7
Halifax, Nova Scotia  B3J 2L6

Office Located at:
5151 Terminal Road, 3rd Floor
Halifax, Nova Scotia
Phone: (902) 424-8785
Fax: (902) 424-0653

Applicant's Last Name (Please Print)	First Name(s)
Address Number/Street City Province Postal Code	Telephone: Home: Work:

Appeal Details
1. Please explain why you are appealing the decision:


2. Explain what changes you feel should be made to the decision:


Date:	Signature:

Clerk, Nova Scotia Utility and Review Board	Director of Victims' Services
Mailing Address: P.O. Box 1692 "M" Halifax, Nova Scotia B3J 3S3 Office Located at: 1601 Lower Water Street, 3rd Floor Halifax, Nova Scotia Phone: (902) 424-4448 Fax: (902) 424-3919	Mailing Address: Department of Justice Victims' Services Division P.O. Box 7 Halifax, Nova Scotia B3J 2L6 Office Located at: 5151 Terminal Road, 3rd Floor Halifax, Nova Scotia Phone: (902) 424-8785 Fax: (902) 424-0653