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2.12 Appeal Policy for Credentialling

Date Approved: April 20, 2005

Date Effective:  April 20, 2005

Date Revised: December 10, 2019

Scope
This policy applies to all internationally‐educated physiotherapists (applicants) who are not satisfied with the outcome of their Administrative Reconsideration.

Principles
This policy has been developed in accordance with provincial fair access and registration legislation.

Definitions
“Appeals Resource Group” is a pool of individuals appointed by the Evaluation Services Committee of the Canadian Alliance of Physiotherapy Regulators (CAPR) to provide membership to an Appeal Panel that reviews Appeals of Credentialling and Examination Administrative Reconsideration decisions.

“Appeal Panel” is the panel appointed from the Appeals Resource Group to review a particular appeal. The Chief Executive Officer of CAPR facilitates this review but is not a member of an Appeal Panel. From time to time, an Appeal Panel may be augmented by external experts when further expertise is required.

Purpose
The purpose of this policy is to outline the Appeal standards and the process that may be initiated by applicants who are not satisfied with the outcome of their Administrative Reconsideration.

Policy
If an applicant is not satisfied with the outcome of their Administrative Reconsideration, they may Appeal.

All requests for Appeal shall be set out in writing, detailing the reason(s) for the request and all particulars necessary to allow the Appeal to be adjudicated. Requests for Appeal must be received in CAPR’s office within 30 calendar days of the date of the Administrative Reconsideration decision.

Applicants should submit any additional information that they deem relevant to their Appeal.

  • Additional information must be provided directly to CAPR from the issuing institution, where applicable;
  • Information regarding financial status and letters of reference will not be considered as part of the Appeal

CAPR Appeal hearings are generally in writing only; however, applicants may request an opportunity to make an oral presentation to the Appeal Panel. Applicants requesting to make an oral presentation must make this request at the same time as written documents are submitted outlining why the request is necessary. The Appeal Panel will consider this request and determine whether an oral presentation is warranted. All oral submissions are made to the Appeal Panel via teleconference during the Appeal Panel meeting; the onus is on the applicant to make themselves available at this time.

Upon receipt of the relevant documents and associated fee, the Appeal process will be initiated. An Appeal Panel will review the original documents, the Administrative Reconsideration decision, and any additional information provided by the applicant and/or CAPR staff.  The Appeal Panel will determine whether the outcome of the Administrative Reconsideration was reasonable given the available evidence.

A written Appeal report, documenting the Appeal Panel decision and signed by the Chief Executive Officer, shall be provided to the applicant. The report will include the outcome of the Appeal and reasons for the decision.

Potential Outcomes:

  • The application for Appeal is granted. If this is the case, the following may occur:
  • An applicant’s credentials and qualifications could be deemed not substantially different to that of a Canadian-educated physiotherapist.
  • If the source of the Administrative Reconsideration was due to administrative issues as defined by CAPR, the associated fees of the applications for Appeal and Administrative Reconsideration will be refunded.
  • The application for Appeal is denied.

 An Appeal is the final level of review; as such, the decision of the Appeal Panel shall be final and binding upon the Applicant.