Chapter seven - Appeal process and procedures
34. Access to Appeal Process
(1) Persons who are not satisfied with decisions regarding licensing taken by DFO officials have the right of appeal. Only eligible inshore fishers who file a written request within three years of a departmental licensing decision or a change in policy have access to the Fisheries Licence Appeal System.
35. Appeal System (Structure)
(1) The Departmental Appeal Committee structure is described in Annex V.
(2) The role of the Regional Licensing Appeal Committee is to review all pertinent information and recommend to the Regional Director General that an appellant's request be approved or denied.
(3) Appellants will be notified in writing of the time and location of their appeal hearing.
(4) An appellant has the right to appear in person and/or to be represented by another person at all appeal levels.
(5) An appellant will be notified in writing as to the outcome of the appeal hearing.
(6) If the decision of the Regional Director General is negative, the appellants will be informed of the details respecting how an appeal may be made to the Atlantic Fisheries Licence Appeal Board.
(7) The Atlantic Fisheries Licence Appeal Board will only hear appeals requested by fishers who have had their appeals rejected following hearings by Regional Licensing Appeal Committees.
- (a) The Board will consider only those licensing appeals which deal with policies for vessels less than 19.7m (65') LOA.
- (b) The Board will only hear appeal requests made within three years from the date of a licensing decision or a change in policy.
- (c) The Board will make recommendations to the Minister on licensing appeals rejected through the Regional Licensing Appeal Structure by:
- determining if the appellant was treated fairly in accordance with the Department's licensing policies, practices and procedures;
- determining if extenuating circumstances exist for deviation from established policies, practices, or procedures;
- (e) Where the Board recommends making an exception to policy, practice or procedure in an individual case, the Board will provide a full rationale for its recommendation to the Minister.
- (f) The Board may make recommendations to the Minister on changes to licensing practices and procedures where, in the opinion of the Board, they are inappropriate or unfair, by:
- the Chairman advising the Board Administrator of Board concerns;
- addressing such concerns at full Board meetings;
- providing a written rationale or justification supporting the recommended change;
- providing a written assessment of the perceived implications of the proposed change.
(8) Notwithstanding subsection (7), the Minister may refer to the Board any decision he may wish to have reviewed.
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