Complaints

A person may request the review of a decision by filing a written complaint with the administrative review officer. A complaint under subsection (1) must be filed
(a) within the time specified for requesting a review in the enactment that grants the right of review, or
(b) if no time is specified in that enactment, within 15 days after the complainant was notified of the decision that is the subject of the request for a review.

A complaint under subsection (1) must
(a) identify the decision, including its subject matter, that is the subject of the request for review,
(b) state the date the complainant was notified of the decision,
(c) state the basis of the request for review, and
(d) give the name of the complainant, an address to which documents may be
delivered to the complainant, and a telephone number where the complainant may be contacted.

The administrative review officer
(a) must, within seven days after receiving a complaint under subsection (1), deliver a copy of the complaint to the decision maker responsible for the decision that is the subject of the request for review, and
(b) may request copies of the decision maker’s records respecting that decision.

Within seven days after receipt of a request under subsection (4)(b), the decision maker must submit the following records respecting that decision to the administrative review officer:
(a) any record of oral evidence received or relied upon;
(b) copies of any documentary evidence received or relied upon;
(c) any other evidence received; and
(d) a copy of the written decision and written reasons, if any.

The Nisg̱a’a Administrative Decisions Review Act provides the following process for reviewing a decision where a right of review is provided:

Conduct of reviews

16. (1) Subject to this Act and the regulations, the board may determine the practice and procedure for the conduct of a review before a panel.
    (2) The panel must conduct each review as expeditiously and informally as possible but must give each of the parties to the review a reasonable opportunity to
    (a) hear the evidence and submissions of the other parties,
    (b) present relevant evidence,
    (c) question witnesses, and
    (d) make submissions.
    (3) Subject to subsection (4), the panel may receive and accept an oath or by affirmation, by affidavit or otherwise, evidence that the panel considers relevant and credible, whether or not the evidence would be admissible in a court of law.
    (4) Despite any other provisions of this Act, the panel may receive only relevant evidence respecting any of the grounds for a complaint set out in section 17(1) that the complainant is alleging and must not conduct a new hearing into the matter that was subject of the decision under review.
    (5) The panel may retain, call or hear a technical expert or advisor when it is in the public interest to do so.
    (6) The panel must arrange for the recording of an oral hearing and, on request of a party to the review and after payment of any prescribed fees by the party making the request, must provide a transcript of that recording.