APPEAL PERIODS as of December, 2005.  
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This Table of Appeal Periods has been compiled for your convenience. Every effort will be made to update the Table as required. However, we assume no responsibility for the accuracy of the information. Relevant statutes must be checked to verify the correct Limitation Period. This may be done online through CanLII at http://www.canlii.com

Act

Subject

Limitation Period

 

Apprenticeship and Trades Qualifications Act, S.N.S. 2003, c. 1

Appeal of Director's decision

24(2) - Appeal may be commenced by filing a notice of appeal with the administrator of the Board within 30 days after person notified of decision.

 

Architects Act, R.S.N.S. 1989, c. 21

Suspension of registration or licence

39(1) - Any person suspended or whose registration or licence has been revoked may appeal the suspension or revocation to a court within ten days of receipt of notice of the suspension

 

Architects Act, R.S.N.S. 1989, c. 21

Refusal to issue special licence regarding membership in association

51(1) - If Registrar or council refuses to register a person as a member or to grant temporary or special licence to practice, person aggrieved may appeal to the court on ten days' notice for registration or issuance of licence

 

Assessment Act, R.S.N.S. 1989, c. 23

Notices of assessment

63(1) - Notice of appeal shall state grounds of objection to the assessment and shall be given within 21 days after the notices of assessment are served as required in Section 53

 

Assessment Act, R.S.N.S. 1989, c. 23

Appeal of assessment following illness or absence

84(1) - Within 60 days of service of the notice of assessment, applicant may demonstrate to satisfaction of regional assessment appeal court that he has been prevented by absence, illness or other sufficient cause from appealing the assessment or prosecuting his appeal, and court may grant hearing and arrange a sitting of the court to hear the appeal

(2) - Where a person appealing does not reside in Nova Scotia, may apply ex parte to the regional assessment appeal court within ten days after the time for filing an appeal under Section 63 for an order extending the filing time by ten days

 

Assessment Act, R.S.N.S. 1989, c. 23

Appeal of decision of regional assessment appeal court

86(1) - Any person entitled to appeal a decision of the regional assessment appeal court may file a Notice of Appeal with the URB within 30 days of the date of the decision being mailed by the recorder

 

Canadian Information Processing Society of Nova Scotia Act, S.N.S. 2002, c. 3

Denial of membership

14(1) - Person refused membership or certification or subject to disciplinary sanction may appeal to the Board within 30 days of the date of the decision

 

Certified General Accountants Act, S.N.S. 1998, c. 10

Members subject to discipline by Society

12(2) - Member aggrieved by disciplinary action taken against him / her may appeal to the Supreme Court of Nova Scotia within one month of the date of the notice of disciplinary action served

Children and Family Services Act, S.N.S. 1990, c. 5

49(1) - Order of the court pursuant to Sections 32 to 48 (applications to determine whether child in need of protective services and related actions) may be appealed by a party to the Court of Appeal by filing a Notice of Appeal within 30 days of the order

 

Children and Family Services Act, S.N.S. 1990, c. 5

Taking child out of province for adoption (other than by parent or adoptive relative) without certificate from the Minister; appeal of refusal to grant certificate

71(3) - Notice of an appeal to be given to the Minister within 30 days of the refusal or within such period as court allows

 

Chiropractic Act, S.N.S. 1999 (2nd Sess.), c. 4

Investigation of discipline complaint

46(15) - Member who has consented to requirement for re-education may consent in principle while reserving the right to appeal content within 15 days of receiving notice

 

Collection Act, R.S.N.S. 1989, c. 76

Appeals from decisions of examiner

34(1) - Notices of Appeal stating the grounds and the time and place of the appeal to be given at least 48 hours before the hearing

 

Collection Agencies Act, R.S.N.S. 1989, c. 77

Appeal of decisions of the Registrar

17(2) - Appeal by Notice of Appeal and copy to be served on the Registrar at least ten days before return date of the motion

17(5) - Where a leave to appeal granted the appeal to be brought by notice served on the Registrar within ten days after leave to appeal granted

 

Commercial Arbitration Act, S.N.S. 1999, c. 5

Challenge to arbitrator

15(4) - Party wishing to challenge an arbitrator shall send the arbitral tribunal statement of the grounds for the challenge within 15 days of becoming aware of the grounds

15(7) - Within 10 days after being notified of the arbitral tribunal decision, party may make an application to the court to decide the issue

 

Commercial Arbitration Act, S.N.S. 1999, c. 5

19(9) - Where the arbitral tribunal rules on any objections as preliminary question, party may within 30 days' notice of the ruling make an application for the court to decide the matter

 

Commercial Arbitration Act, S.N.S. 1999, c. 5

48(2) - Appeal of arbitral award where parties agree

50(1) - An appeal pursuant to 48(2) to be commenced within 30 days after the appellant receives the decision of the arbitrator

 

Consumer Protection Act, R.S.N.S. 1989, c. 92

32 - Any person aggrieved by a decision / order / direction of the Registrar may appeal the decision within 30 days to the county court in which person resides or carries on business.

 

Controverted Elections Act, R.S.N.S. 1989, c.96

48 - Any party to an election petition pursuant to the Act who is dissatisfied with the decision of a judge on any question of law or fact may appeal the decision within eight days of the date on which the decision was given

 

Co-operative Associations Act, R.S.N.S. 1989, c. 98

12(3) - Subscriber who is dissatisfied with the refusal of the inspector to approve the Articles of Incorporation and bylaws may appeal to the Minister within 30 days

 

Corporation Capital Tax Act, R.S.N.S. 1989, c. 99

37(2) - Within 60 days of receipt of the notice of a decision, appellant shall give notice to the Minister of intention to appeal to the Supreme Court

(3) - Appellant to apply for hearing particulars within 14 days after service of the Notice of Appeal and shall serve upon Minister written notice of hearing particulars within 14 days of hearing.

 

Cosmetology Act, S.N.S. 1995-96, c. 5

Suspension / revocation of licences

21J - Any person whose licence is suspended or revoked may appeal to the Supreme Court within three months of the date of the suspension, revocation, order or decision

 

Direct Sellers' Regulation Act, R.S.N.S. 1989, c. 129

39(1) - Person dissatisfied with the decision of the Registrar may appeal to the county court within 30 days of the date of the decision

Dispensing Opticians Act, R.S.N.S. 1989, c. 131

Appeal of disciplinary findings

15(2) - Appellant to give written notice within 14 days after service of a copy of the order of the Board by filing a copy with the clerk of the court and serving a copy on the Registrar

 

Ditches and Water Courses Act, R.S.N.S. 1989, c. 132

12 - Any person dissatisfied with an award and affected by the award may appeal to the county court within 15 clear days from the filing of the award

 

Education Act, S.N.S. 1995-96, c. 1

Suspension / discharge of teacher

36(1) - Teacher who is suspended or discharged or terminated may appeal within 20 days of confirmation or variation of the suspension or discharge or termination by appealing to the School Board and the Minister

 

Embalmers and Funeral Directors Act, R.S.N.S. 1989, c. 86

Suspension of licences

23(2) - A person whose licence is suspended or revoked may appeal to a county court judge within three months of the date of the suspension or revocation or such extended time as the county court judge thinks reasonable

 

Farm Practices Act, S.N.S. 2000, c. 3

11 - Any party to an application made to the Board may appeal a decision of the Board on any question of law to the Supreme Court within 30 days of the date of the decision

 

Farm Registration Act, S.N.S. 1994-95, c. 3

11(1) - Any person directly affected by a decision made pursuant to the Act may appeal to the Appeal Committee within 60 days of the decision

 

Fire Safety Act, S.N.S. 2002, c. 6

38(1) - A person affected by an order made by a deputy fire marshal, local assistant or inspector may appeal the order to the fire marshal pursuant to Section 39 or to the Board pursuant to Section 41 within 15 days after the order is served

 

Fisheries and Coastal Resources Act, S.N.S. 1999, c. 2

118(1) - A person aggrieved by a decision or an order of a department employee may appeal to the Minister in writing within 30 days of the date of the decision

119(1) - A person aggrieved by a decision of the Minister may appeal on a question of law or fact or both to the Supreme Court within 30 days of the decision

 

Forresters Association Act, S.N.S. 1999, c. 6

Discipline Committee Findings

24 - Investigated person may appeal to the Supreme Court of Nova Scotia within 30 days after a decision regarding Discipline Committee findings and give 10 days notice to the Registrar

 

Geoscience Profession Act, S.N.S. 2002, c. 7

21(2) - Appeal of a decision or order made by the Discipline Committee shall be made by filing a Notice of Appeal at the Prothonotary of the Supreme Court of Nova Scotia and served on the Registrar within 30 days of the date of the decision or order

 

Insurance Act, R.S.N.S. 1989, c. 231

Licences for agents

50(1) - A person dissatisfied with a decision of the Superintendent may appeal to a judge of the county court within 30 days of the date of the decision

(2) - Appeal notice to be served on the Superintendent at least 10 days before the return date of the motion

(4) - Appeal from a decision of the county court lies to the Court of Appeal but only by leave of the Appeal Court judge on application made within 30 days after rendering the county court decision and notice of such application to be given to superintendent within 2 days of presentation of application

(5) - Where the Court of Appeal grants leave to appeal, appeal to be brought by notice served on the Superintendent within 10 days after the granting of the leave to appeal

 

Insurance Act, R.S.N.S. 1989, c. 231

Licences for adjusters

63(1) - A person dissatisfied with the decision of the Superintendent may appeal to a county court judge within 30 days of the date of the decision

(2) - The appeal to be by way of Notice of Appeal with a copy served on the Superintendent at least 10 days before the return date

(4) - A person may appeal the county court decision to the Court of Appeal on any question of law but only with leave of an Appeal Court judge on an application at least 30 days within the rendering of the county court decision and notice of such application to be given to the superintendent within 2 days of presentation of applications

(5) - Where a Court of Appeal grants leave to appeal, appeal to be brought by notice served on the Superintendent within 10 days after the granting of the leave to appeal

 

Interjurisdictional Support Orders Act, S.N.S. 2002, c. 9

42(2) - A claimant, applicant or respondent may appeal a decision of the Nova Scotia Court under this Act to the Court of Appeal, such appeal to be commenced within 90 days after the date of the Nova Scotia Court's decision is entered as judgement

(4) - A person responding to an appeal may appeal a decision in the same proceeding within 30 days after receipt of notice of the appeal

 

Labour Standards Code, R.S.N.S. 1989, c. 246

20(2) - Any party to an order or decision of the Labour Standards Tribunal may appeal to the Court of Appeal on a question of law or jurisdiction within 30 days of the mailing of the order or decision

 

Labour Standards Code, R.S.N.S. 1989, c. 246

21(5) - Any employer or order against whom director has made an order may file an appeal to the Labour Standards Tribunal within 10 days after the order is served

 

Land Surveyors Act, R.S.N.S. 1989, c. 249

Appeal of discipline decision finding

28(1) - Any person found guilty of professional misconduct by the Discipline Committee may appeal from the decision to the Court of Appeal within 30 days from the date on which the decision is served

(2) - Any person disciplined by the Discipline Committee pursuant to Section 26 may appeal from the discipline order to the Court of Appeal within 30 days from the date on which the order is served

 

Licenced Practical Nurses Act, S.N.S. 2001, c. 7

Refusal to issue licence or temporary licence

32 - Applicant who is refused licence or temporary licence may appeal the decision to the Board by written notice within 30 days of receipt of the written reasons

 

Licenced Practical Nurses Act, S.N.S. 2001, c. 7

Findings of Discipline Committee

67(1) - Registrant may appeal on any point of law from the findings of a Discipline Committee to the Nova Scotia Court of Appeal

(2) - Notice of Appeal to be filed with the Court of Appeal and served on the other party within 30 days after the decision of the Discipline Committee

 

Maritime Provinces Harness Racing Commission Act, S.N.S. 1993, c. 8

15 - Any person aggrieved by a decision may request a hearing by the Commission in writing within 48 hours after being notified of the decision

 

Members and Public Employees Disclosure Act, S.N.S. 1991, c. 4

30(1) - A finding, direction, determination or order of a designated person or judge made pursuant to Section 29 (following public inquiry) may be appealed to the Court of Appeal by the affected person within 30 days of the finding, direction, determination or order

 

Municipal Elections Act, R.S.N.S. 1989, c. 300

166(2) - Application to have the right of a person to serve as a councillor determined shall be brought within 30 days after the disqualification or loss of qualification known to the applicant

Municipal Government Act, S.N.S. 1998, c. 18

249 - An appeal to be served on the URB within 14 days after the date a) of publication of notice of the adoption of a land use bylaw amendment; b)written notice of a council decision refusing to amend a land use bylaw, c) publication of notice of approval or amendment of development agreement, d)written notice of council's refusal to approve or amend a development agreement, e) written notice of the development officer's decision refusing to issue a development permit or approve a tentative or final plan of subdivision or concept plan, and f) a decision deemed to be refused

 

Municipal Government Act, S.N.S. 1998, c. 18

488(1) - A written request for review of any decision by a responsible officer shall be made within 60 days after the person is notified of the decision, within 60 days after the date of the act or failure to act, or within 20 days after notice is given by a third party, or within such period allowed by the review officer

 

Occupational Health and Safety Act, S.N.S. 1996, c. 7

67(1) - An aggrieved person may appeal an order made by an officer under the Act or regulations, a decision of an officer not to issue an order, the decision of an officer to advise an employee to return to work or provide no advice, any decision for which a right of appeal is provided in the regulations within 14 days after the order or decision is served on the recipient, by making application in writing to the director

 

Occupational Health and Safety Act, S.N.S. 1996, c. 7

69(1) - An aggrieved person may appeal an order or decision of the director made under the Act or the regulations to an appeal panel

(2) - An appeal shall be commenced by filing a Notice of Appeal with the Deputy Minister of Labour within 21 days of the date of the order or decision being appealed

 

Occupational Therapists Act, S.N.S. 1998, c. 21

Disciplined member

46(15) - A member who has consented to a requirement for retreatment or re-education may consent to the requirement in principle while reserving the right to appeal the content of the requirement for treatment or re-education to a hearing committee within 15 days of receiving notice

 

Overholding Tenants Act, R.S.N.S. 1989, c. 329

14(1) - An appellant shall apply to the Court of Appeal to fix a time and place to hear the appeal within ten days after the decision or order of a judge has been made

 

Pharmacy Act, S.N.S. 2001, c. 36

Appeal of requirement for re-education

45(1) and (2) - A member who has consented to a requirement for treatment or re-education may consent in principle while reserving the right to appeal the content of the requirement within 15 days of receiving notice of the requirement for treatment or re-education

 

Pharmacy Act, S.N.S. 2001, c. 36

Discipline Committee hearing appeal

58(1) - A member or pharmacy complained against may appeal the findings of the hearing committee to the Court of Appeal on a point of law within 30 days of the date of the decision of the hearing committee

 

Physiotherapy Act, S.N.S. 1998, c. 22

Disciplinary findings

46(15) - A member who has consented to a requirement for treatment or re-education may consent to the requirement in principle while reserving the right to appeal the actual content of the requirement within 15 days of receiving notice thereof

 

Private Career Colleges Regulation Act, S.N.S. 1998, c. 23

Refusal to register a program

31(1) - Where the Minister suspends or cancels a registered program or Certificate of Registration, the person to whom the registration or program relates may appeal the decision to the Board by filing a Notice of Appeal in the prescribed form within 15 days of receipt of the notice of cancellation or suspension (appeal to be filed with the Secretary to the Private Career College Board)

 

Private Ways Act, R.S.N.S. 1989 c. 358

32(1) - Any person petitioning for a private way or road or person interested in the way or road may appeal from a decision of the council to the county court within 10 days after the decision of the council by giving notice to the warden or municipal clerk in writing stating the grounds of the appeal

 

Public Accountants Act, R.S.N.S. 1989, c. 369

Refusal to grant / suspend licence

19 - A person aggrieved by the Board's refusal to grant a licence or suspension /revocation of a licence may appeal the refusal, suspension or revocation to the Supreme Court within three months from the date of the notice of the decision

 

Public Highways Act, R.S.N.S. 1989, c. 371

Application to vary, rescind or modify a period or area of reservation abutting private land

13(4) - A person who has applied to the Minister and is dissatisfied with the decision may appeal to the governor in council within 30 days' notice of the decision being served upon him

 

Public Highways Act, R.S.N.S. 1989, c. 371

15 (3) - A person aggrieved by a decision of the Minister may appeal to the county court within one month of the date of the decision

 

Rent Review Act, R.S.N.S. 1989, c. 398

Appeal of decision of Rent Review Commission

26(1) - Appeal to the Court of Appeal from any order or decision of the Rent Review Commission on any question as to jurisdiction or law may be taken with leave of a judge of the Court of Appeal on application within 30 days after rendering of the decision by the Rent Review Commission

(2) - Notice of such application to be given to the parties or their solicitor and to the Rent Review Commission at least seven clear days before the hearing of the application