Appealing a Decision of the Registrar, the Railway Administrator, or the Director of the Dangerous Goods and Rail Safety Branch of Alberta Transportation

Appeal of decisions of the Registrar under Sections 35, 36, 37, 38, 41, 42, 42.1 and 43 of the Traffic Safety Act, decisions of the Railway Administrator under Section 43 of the Railway (Alberta) Act, and Administrative Penalties under Section 30.2 of the Dangerous Goods Transportation and Handling Act.

Grounds for Appeal:

Anyone who feels they are aggrieved by a decision of the Registrar, the Railway Administrator or by an Administrative Penalty issued by the Director of Dangerous Goods and Rail Safety, may appeal that decision to the Alberta Transportation Safety Board.

Appealing a Decision of the Registrar, the Railway Administrator, or the Director of Dangerous Goods and Rail Safety

Important things to remember if you are appealing:

  • You must purchase an Application for Hearing at any Alberta Registry Agent office.
  • There are two types of Application for Hearing, non-oral which requires a written submission ($125) or an oral, which requires a personal appearance before the Board ($250). In addition to the application fee, a Registry Agent fee will be charged.
  • The application fee will be refunded only if the appeal is successful. However, the Registry Agent fee is not refundable, regardless of the Board?s decision.
  • Pursuant to section 45 of the Traffic Safety Act, section 43(1) of the Railway (Alberta) Act, and section 30.2(1) of the Dangerous Goods Transportation and Handling Act, an Application for Hearing must be filed with the Board within 30 days of the decision being issued.
  • The original application must be sent to the Board. A fax will not be accepted.
  • A copy of the decision of the Registrar must be submitted with the application with respect to the following types of appeals: operating authority certificate, safety fitness certificate, safety fitness rating, exemption permit under section 62 of the Traffic Safety Act, administrative penalty, suspension or cancellation of a licence of a vehicle inspection facility, vehicle inspection technician, driver training school, driver examiner, driving instructor, and matters under the Dangerous Goods Transportation and Handling Act.
  • A copy of the decision of the Railway Administrator or matter under the railway legislation must be submitted with the application with respect to the following types of appeals: refusal to grant an operating approval or granting an operating approval, cancellation or suspension of an operating approval, imposing, removing or altering any conditions or restrictions to an approval, an order or direction, an administrative penalty, and/or any other matters under the railway legislation.
  • In some cases, the Board may require the applicant to submit additional information. The Board may refuse to consider the application if the applicant fails to supply the information within the specified time.
  • You must check off the appropriate reason for the appeal and provide the Board with any information you believe relevant to the appeal.
  • Applying for a hearing does not affect the decision of the Registrar or Railway Administrator. The decision remains in effect while the appeal process is taking place.
  • The Board will endeavour to hear the appeal within 30 days of receiving the application.
  • The Board will verbally notify the appellant or their legal counsel by telephone of the decision of the hearing and forward the written decision of the hearing via fax, email or mail at a later date.

For more information contact: (Monday to Friday, 8:15 a.m. ? 12 noon ; 1:00 p.m. - 4:30 p.m.)

Alberta Transportation Safety Board
Main Floor, Twin Atria Building
4999 - 98 Avenue
Edmonton , Alberta ,
T6B 2X3

Phone: (780) 427-7178
Fax: (780) 422-9739

Toll Free in Alberta 310-0000