Frequently Asked Questions

The information below is brief and general. More detailed information can be found in the FST’s Practice Directives and Guidelines, and in the pages on this website under the “How to Appeal” tab.

No, although parties to an appeal may use lawyers or other representatives if they wish.

In most cases, you have to file your appeal within 30 days of the decision you are seeking to appeal. However, this depends on the statute you are appealing under, so you will need to refer to the statute to confirm the deadline.

If the FST is satisfied that special circumstances exist, the FST may extend the time to file a Notice of Appeal. For more information about this, see section 3.2 of the Practice Directives and Guidelines.

To appeal a decision to the FST, you must file an original and three copies of the completed Notice of Appeal.  Please see section 3.3 of the Practice Directives and Guidelines for more information on what information you need to include. A suggested form has also been created by the FST and titled Form 1.

You also need to pay a fee of $850 for each party appealing the decision. The FST will not process the appeal until it receives this fee, and the FST cannot waive this fee.

Most decisions are not automatically suspended by filing an appeal at the FST. However, if certain conditions are met, you may apply to the FST to suspend – or “stay” – the application of the decision against you. In addition, some statutes that provide for an appeal may provide that an appeal operates as a stay unless the FST orders otherwise. For more information about this, see section 3.7 of the Practice Directives and Guidelines.

The FST will not redo the original hearing or provide a “fresh start”. Appeals to the FST are based on what was on “the record” before the decision-maker. This means the FST will review the documents filed with the decision-maker, transcripts of oral evidence given at the hearing, any other objects that were taken as evidence, and written reasons for the decision. The FST will also review the written submissions filed by you and the other parties to the appeal. For more information about “the record”, see section 3.10 of the Practice Directives and Guidelines.

In unusual circumstances, the FST may consider new evidence that was not heard by the decision-maker or may allow parties to make oral submissions. Please see sections 3.14 and 3.15 of the Practice Directives and Guidelines for information on when oral submissions or new evidence may be considered as part of the FST appeal process.

As the person making an appeal, the decision of the FST will be sent to you. Decisions are also posted on the FST’s website. The FST will aim to provide its final decision on an appeal within 120 days of the last submission received from the parties.

The FST has the power to award costs. Please see sections 3.23 and 3.24 of the Practice Directives and Guidelines for more information on when the FST may award costs.

No. The FST cannot refund the appeal fee in whole or in part.

You cannot appeal a decision of the FST, but the Supreme Court of BC can review a decision on a judicial review application. Please contact a lawyer for more information on how to make an application for judicial review of an FST decision.