About appeals and reviews
Under the Health Professions Act (HPA), regulated members have the right to appeal or request a review of certain CPSA decisions:
- A hearing tribunal decision
- An accreditation decision
- Assessing incapacity
- A registration decision
Filing an appeal or requesting a review
The amount of time you have to submit a request for an appeal or review depends on the type of decision you’ve received:
Hearing tribunal decisionsWhen a complaint is submitted to CPSA, the Complaints Director may refer the matter to a formal disciplinary hearing. After the hearing takes place, the Hearing Tribunal will deliver their decision in writing. If the regulated member or CPSA’s Complaints Director do not agree with the Tribunal’s decision, they have 30 days to file an appeal. |
Accreditation decisionsTo ensure safe, high-quality care, CPSA is responsible for inspecting and accrediting diagnostic and non-hospital surgical facilities in Alberta. If a facility’s medical director does not agree with the decision on their application for accreditation, or with the results of their facility’s inspection, they have 15 days to file an appeal. |
Assessing incapacityIf CPSA’s Complaints Director has reason to believe a regulated member is incapacitated, they may direct the member to undergo a fitness-to-practise assessment. Depending on the circumstances, the member could be restricted from practising until the assessment is complete and results are provided. If a regulated member disagrees with being assessed for incapacity, they have 7 days to file an appeal. |
Registration decisionsPhysicians or physician assistants who want to practise and provide patient care in Alberta must apply to CPSA for registration, a practice permit or (in some cases) practice permit reinstatement. If a physician or physician assistant is not satisfied with the outcome of their registration application, they have 30 days to request a review of the decision. |
Costs and submission
Review of a registration decision costs $2,730, which must be paid when the request is submitted.
There is no cost to file an appeal of a hearing tribunal, accreditation or incapacity decision. However, the Appeal Panel may order payment as part of their decision (for example, the physician may have to cover costs if their appeal is unsuccessful).
Your request must be in writing and should clearly outline what you would like to appeal or have reviewed, and why.
Requests can be emailed to the Hearings Director at hearings.director@cpsa.ab.ca, or mailed to:
College of Physicians & Surgeons of Alberta
2700 – 10020 100 Street NW
Edmonton, AB T5J 0N3
Attn: Hearings Director
Process on the day of an appeal or review
FAQs
All FAQsCan I introduce new evidence during my appeal?
Appeals focus on the information used to make the original decision. If you want to introduce new evidence outside of this, you must apply to the Appeal Panel.
Can a lawyer represent me?
Yes. Although it is not required, you are entitled to have legal representation.
Do I have to pay for my appeal?
To request a review of a registration decision, there is a fee of $2,730, which must be paid when the request is submitted.
There is no cost to file an appeal of a hearing tribunal, accreditation or incapacity decision. However, if your appeal is unsuccessful, you may be responsible for the associated costs. The decision and amount is determined by the Appeal Panel.
How do I request a review of a registration decision?
If you are dissatisfied with the outcome of your registration application, you are entitled to a review process.
If I file a complaint against a physician and it’s dismissed, can I appeal?
Under the Health Professions Act, you can request a review of the Complaints Director’s decision to dismiss your complaint from a Complaint Review Committee (CRC).
This is not an appeal or a hearing. A CRC will review the complaint to determine whether or not the decision to dismiss your complaint was reasonable.
Requests for review must be submitted within 30 days of receiving your dismissal letter:
- If your letter is sent by email, this means 30 days from the day the email is sent.
- If your letter is sent by registered mail, the 30-day period begins 7 days after the letter is given to a carrier for delivery to the address on file (to allow for reasonable carrier processing time).
Find out more about requesting a review of a dismissed complaint.
What happens during an appeal?
After some opening remarks by the Appeal Panel Chair, you (or your lawyer) will have 60 minutes to present your submissions. The other party will then have 60 minutes to present their side. If anything comes up, you have the right to reply.
The Appeal Panel may ask questions before adjourning to deliberate in private. You will be notified of their decision in writing.
When and where does an appeal take place?
The Hearings Director schedules an appeal date that works for all parties involved. We also inform you how and when to provide written submissions to the Appeal Panel.
The appeal itself is conducted virtually, however you can ask (in writing) that it take place in person at CPSA.
Who can I contact for more information about appeals?
Please contact hearings.director@cpsa.ab.ca or call 780-969-4928 or 1-800-561-3899 ext, 4928 (in Canada).
Who sits on the Appeal Panel?
An Appeal Panel is made up of four CPSA Council members, with two public and two physician members.
Questions about appeals and reviews?
Contact the Hearings Director’s Office
Email: hearings.director@cpsa.ab.ca
Phone: 780-969-4961
Toll-free in Canada: 1-800-561-3899 ext. 4961