Appeals

Refer to the Appeals Policy herein for procedures on appealing your results of the OSCE components. Note that the deadline for appealing results is 30 days from the date the results were issued.

Note: To request a rescore of your written exam results, please see Scoring and Rescoring.
 

OEBC APPEALS POLICY 

Purpose and Synopsis of this Policy:    The purpose of this policy is to create a process for dealing with issues raised by a candidate.   This policy obviates the necessity of a candidate appealing to the courts for a review of any decision of OEBC.  The first part of the process involves a matter being raised directly with the chief executive officer.  In the event that the candidate is not satisfied with the decision of the chief executive officer, the candidate may proceed with a further appeal process heard by a committee in which the chief executive officer and candidate each provide their written submissions.  In the event that the candidate is not satisfied with the decision of the Committee the candidate may have the decision of the committee reviewed by a panel made up of different individuals.   The chief executive officer and candidate provide further written submissions, if desired, a full brief of all documents are provided to the Panel and the individual appealing.  Thereafter the Panel will hear from the chief executive officer, the individual appealing and any witness.

 

Section 1: Interpretation

1.01 A candidate may appeal a decision of OEBC in accordance with the procedures in this Appeal Policy. Such decisions of OEBC may include, but are not limited to, the results of an examination and denied entry to an examination. Candidates cannot seek to appeal the content of the examination. A request for a rescoring the written examination is considered to be outside this Appeals Policy.

1.02 In this document, unless the context otherwise stipulates, the following definitions shall apply:

  1. OEBC means the Optometry Examining Board of Canada
  2. “Candidate” means a student or graduated optometrist who shall have properly applied for and been accepted for the writing of OEBC Examinations;
  3. “Appellant” means a person who applies for review of an earlier decision;
  4. “Attendance” shall mean participation during a process;
  5. “Examination” means the examinations held by OEBC;
  6. “C.E.O.” means the chief executive officer of OEBC;
  7. “Committee” means the Appeals Committee of the OEBC;
  8. “Panel” means the Appeals Panel of the OEBC;
  9. “First Notice of Appeal” means the written document filed by the Appellant to the chief executive officer (the C.E.O.);
  10. “Second Notice of Appeal” means the written document filed by the Appellant to the Appeal Committee;
  11. “Third Notice of Appeal” means the written document filed by the Appellant to the Appeal Panel

 

 Section 2: Definition of Extraordinary Circumstances

2.01 Extraordinary circumstances shall be defined as unexpected or unanticipated situations outside of the control of the candidate relating to the examination.  If the candidate considers the circumstances to have prejudiced the results of the examination, the OEBC office must be notified at the time the extraordinary circumstance arises by way of an Incident Report submitted prior to leaving the exam site except in the case of a medical emergency.  

Where no documentation at the time of the exam exists, candidates cannot seek to appeal examination results after the results have been issued to the candidate.

 

Section 3: Appeal Procedure

3.01 Level One: C.E.O.

3.01.01 Level One Notice of First Appeal shall be directed by the Candidate in writing to the C.E.O. within thirty (30) business days of the decision. For an appeal of exam results, the deadline is within 30 days of the issuance of results as published on the website under “Deadlines”.

3.01.02 The C.E.O. shall determine the validity of the appeal by having regard solely to Sections 1.01 and 2.01

3.01.03 The C.E.O. shall, within thirty (30) days of the receipt of the Notice of Appeal referred to in Section 3.01.01 notify the Appellant that the appeal has been approved, rejected or alternatively that the appeal has been forwarded to the Appeals Committee for further consideration.

 

3.02 Level Two: Appeals Committee

3.02.01 The Candidate may appeal the Level One C.E.O. decision by submitting a Second Notice of Appeal, in writing, to the Appeals Committee Chair, through the C.E.O., including a response to the C.E.O.’s decision together with the required fee, within ten (10) business days of the decision rendered by the C.E.O.

3.02.02 The Committee shall be composed of three (3) persons as follows: i. one (1) member of the Board of OEBC who shall act as Chair and ii. two (2) registered (licensed) Canadian optometrists chosen by the Chair.

3.02.03 In the event that any member of the Committee shall be unable to continue to sit on the Committee, the appeal shall continue, with no less than two (2) members of the Committee. Provided that the appeal has not proceeded to adjudication, an alternative member may be appointed by the Chair of the Committee.

3.02.04 A simple majority of the members of the Committee shall determine all issues within its authority.

3.02.05 The Committee shall only consider Appeals referred to it, in writing, by the C.E.O.

3.02.06 For the purposes of considering the Appeal, the Committee shall review the following:

  1. the Candidate’s First Notice of Appeal to C.E.O.;
  2. the decisions of the C.E.O. and the reasons therefor;
  3. the Candidate’s Second Notice of Appeal to the Committee;
  4. the statement of the C.E.O. to the Committee;
  5. any other material, documentation or information which the Committee determines necessary, relevant and appropriate.

3.02.07 The Chair of the Committee shall, through the C.E.O., within fourteen (14) business days of receiving the Second Notice of Appeal, forward to the Appellant by email, a request for any further information or supporting documentation.

3.02.08 The Appellant shall have the opportunity to reply, in writing, within ten (10) business days to the documentation received from the Committee.

3.02.09 The Chair of the Committee shall hold a meeting to consider the appeal within twenty (20) business days of receiving final documentation. Attendances before the Committee by the Appellant, or any other person shall be at the sole discretion of the Committee.

3.02.10 Meetings of the Committee may be held in person, by telephone or video conference, as determined in the sole discretion of the Chair of the Committee.

3.02.11 The Chair of the Committee, shall within fourteen (14) business days of a decision being rendered, notify the C.E.O. as to the decision of the Committee and the reasons therefor.

 3.02.12 The C.E.O. shall within seven (7) business days after the receipt of the Committee’s decision, notify the Appellant and forward a copy of the Committee decision and the reasons therefor, by email.

 

3.03 Level Three: Appeals Panel

3.03.01 The Candidate may appeal the Level Two Appeals Committee decision by submitting a Third Notice of Appeal, in writing, to the Appeals Panel Chair, through the C.E.O., including a response to the Committee’s decision together with the required fee, within ten (10) business days of the decision rendered by the Committee.

3.03.02 The Panel shall be composed of five (5) persons as follows: i. one (1) member of the board of OEBC who shall act as Chair ii. three (3) licensed Canadian optometrists chosen by the Chair iii. one (1) member who may or may not be an optometrist.

3.03.03 No member of the Appeals Committee shall sit on the Appeals Panel.

3.03.04 In the event that any member of the Panel shall be unable to continue to sit on the Panel, the appeal shall continue, with no less than three (3) members of the Panel hearing the appeal. Provided that the appeal has not proceeded to adjudication, an alternative member may be appointed by the Chair of the Panel.

3.03.05 A simple majority of the members of the Panel shall determine all issues within its authority. 3.03.06 The Panel shall only consider appeals referred to it, in writing, by the C.E.O.

3.03.07 For the purposes of considering the Appeal, the Panel shall review the following:

  1. the Candidate’s First Notice of Appeal to C.E.O.;
  2. the decisions of the C.E.O. and the reasons therefor;
  3. the Candidate’s Second Notice of Appeal to the Committee;
  4. the decisions of the Committee and the reasons therefor;
  5. the Candidate’s Third Notice of Appeal to the Panel;
  6. the statement of the C.E.O. to the Panel;
  7. any other material, documentation or information which the Committee determines necessary, relevant and appropriate.

3.03.08 The Chair of the Panel shall, through the C.E.O., within fourteen (14) business days of receiving the Third Notice of Appeal, forward to the Appellant by email, a request for any further information or supporting documentation. 

3.03.09 The Appellant shall have the opportunity to reply, in writing, within ten (10) business days to the documentation received from the Panel.

3.03.10 The Chair of the Panel shall hold a meeting to consider the appeal within twenty (20) days of receiving a final documentation. The Appellant and the C.E.O. shall be in attendance together with such other persons as shall be required by them to provide evidence with respect to the Appeal. All persons who will be in attendance must provide written documentation to the C.E.O. confirming that they will be at the meeting.    

3.03.11 Meetings of the Panel may be held in person, by telephone or video conference at the sole discretion of the Chair of the Panel.

3.03.12 Testimony given at a hearing may, at the discretion of the Chair, be given under oath with the witness being sworn or affirmed to tell the truth.

3.03.13 The Appeals Panel, in making its decision shall:

  1. take notice of facts that may be judicially noticed;
  2. take notice of any generally recognized, scientific or technical facts; information or opinions within its scientific or specialized knowledge;
  3. admit, upon the Panel being satisfied as to its authenticity, any documentation or other thing.

3.03.14 The Chair of the Panel shall within fourteen (14)  business days of a decision being rendered notify the C.E.O. as to the decision of the Panel and the reasons therefor.

3.03.15 The C.E.O. shall within seven (7)  business days after the receipt of the Panel’s decision, notify the Appellant and forward a copy of the Panel’s decision and the reasons therefor, by email.

 

Section 4: Fees for Appeal

4.01 Should the Candidate request a Level One Appeal, the fee $300.00 CDN must accompany the First Notice of Appeal directed to the C.E.O.

4.02 Should the Candidate request a Level Two Appeal, the fee of $400.00 CDN must accompany the Second Notice of Appeal directed to the Appeals Committee Chair.

4.03 Should the Candidate request a Level Three Appeal, the $500.00 CDN must accompany the Third Notice of Appeal directed to the Appeals Panel Chair.

 

Section 5: Miscellaneous Matters

5.01 All appeals shall be set out in writing, stating “Notice of Appeal” on any correspondence, detailing the nature of the appeal and all particulars necessary to sufficiently allow the appeal to be adjudicated, together with the applicable fee.

5.02 Under no circumstances shall an appeal or any process, information or communication relating thereto be done verbally or other than in writing.

5.03.i   The C.E.O., the Chair of the Appeals Committee and the Chair of the Appeals Panel shall be entitled to obtain such legal advice and representation as they deem appropriate, from time to time.  

5.03.i i The Candidate shall be entitled to obtain legal advice or representation as they may so desire, at their own expense.  OEBC is not responsible for any costs related to the appeal that may be incurred by the Candidate.  A failure by the Candidate to seek or obtain legal advice or representation, for any portion or portions of an appeal shall not be grounds for further appeal.

5.04 Any waiver of procedure by the C.E.O. or any member of the Committee or Panel shall not be deemed to be a waiver of any further procedural requirements.

5.05 The Committee and Panel shall not be required to keep a detailed account of testimony or of its proceedings, but shall compile a record of proceedings in which adjudication has been determined, which shall include:

  1. any notice of appeal;
  2. any documentary evidence filed with the C.E.O., the Committee and the Panel;
  3. the decisions, and the reasons therefor, of the C.E.O., the Committee and the Panel.

5.06 The record required to be compiled herein may be destroyed by OEBC after the expiration of two (2) years from the date of the final decision of the Committee or the Panel.

5.07 Any notice or notices required to be given pursuant to this Policy shall be sent by email or telecopier in which case delivery shall be deemed to have taken place at the time of transmission. It is the responsibility of the Candidate to ensure that the email address provided to OEBC is correct and that there is no delay in receipt of transmissions by voluntary or involuntary controls.

5.08 No action, or proceeding whatsoever, shall be commenced against any member of OEBC Committee, Panel, staff, or OEBC agent, for their having participated in the process governed hereby, and it shall be an express undertaking by a Candidate that the instituting of an Appeal shall be based upon the Candidate's acknowledgement of this undertaking, and agreement to be bound by same, which shall be a complete defense to any action by the Candidate in contravention thereof.

5.09 The C.E.O. shall represent the interests of OEBC with respect to the appeal and shall be empowered to undertake such investigations as may be necessary for the purposes of presenting evidence and documentation to the Committee and/or Panel.

5.10 No decision of the Panel shall be set aside as a result of any irregularities which occur pursuant to and under this procedure.

5.11 No decision, order, direction, declaration or ruling of the C.E.O., the Committee, or the Panel shall be questioned, appealed, or reviewed in any court; and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, judicial review, or otherwise; to question, review, prohibit or restrain the C.E.O., Committee or Panel or any of its proceedings.

5.12 All Appeals shall take place within the Province of Ontario, at a place and time as determined by OEBC unless consented to by OEBC.