A Guide to the Atlantic
Fisheries Licence Appeal Process
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If you participate in the East Coast inshore commercial
fishery and you are dissatisfied with a licensing decision
made by Fisheries and Oceans Canada (DFO), you have the
opportunity to appeal.
Reasons for Requesting an Appeal
Reasons for appealing a decision must relate to an
alleged incorrect application of licensing policies,
extenuating circumstances or a change in policy. Questions
and discussions on whether the appeal policy itself is
reasonable or appropriate should be addressed through the
fisheries management advisory process.
Appeal Process Levels
The Appeal Process consists of two separate levels.
The first level of appeal is :
Regional Licensing
Appeal Committee (RLAC)
RLAC is composed of senior DFO officials at regional
offices. This Committee reviews your claims and makes a
recommendation to the Regional Director General (RDG) who
then makes a decision. All requests for appeals should go
through this first level.
If the decision is negative at RLAC you may appeal to the
second and final level. Appeals denied at the first level
will not automatically be transferred to the second level
unless you apply.
The second level of appeal is:
Atlantic Fisheries
Licence Appeal Board (AFLAB)
AFLAB is at arms-length from DFO and hears the claims of
fishers whose appeals were denied at the first level ( RLAC).
AFLAB then makes a recommendation to the Minister of
Fisheries and Oceans who makes the final decision.
DEADLINES
For RLAC, an appeal must be requested within three (3)
years from the date that a licensing decision has been made
by DFO or from the date of a change in policy.
For AFLAB, an application must be filed within ninety
(90) days from the date on the decision letter from the RDG
at the first level (RLAC).
Withdrawing an Appeal
You may withdraw your appeal at any time by notifying DFO
in writing.
Appeal Procedure
If you are planning to request an appeal here are the
steps to follow:
Step 1 Before requesting an appeal
Before requesting a formal appeal
fully explore each aspect of the complaint with local and/or
regional licensing officers first, to see if they can help
to resolve the situation.
Step 2 Requesting an appeal
If you wish to request an appeal, the
appeal request must be in writing. In some regions a form is
available. If applying by letter you must include detailed
reasons for the appeal and any additional relevant
information.
Your information, including the
letter/form, can be presented in person or sent by
registered mail to the area licensing administrator at your
regional DFO office.
Assistance in filing your appeal can
also be obtained from your DFO office.
You will find a
contact list is at the end of this brochure.
Step 3 Hearing notification
After your letter/form has been
received by DFO you will be notified as to the status of
your request. Appeal requests from inshore fishers
concerning licensing decisions or changes to policy will be
forwarded to the appropriate level of appeal (RLAC or AFLAB).
A letter will then be sent to you
including the date, time, and location of the appeal
hearing.
Step 4 Hearing Preparation
A copy of all the departmental
information related to your appeal will then be sent to you.
You are strongly advised to review this material carefully
and to bring it to the hearing.
If you have other documents or
relevant information, for example, fish sales receipts,
etc., which you feel should be examined by RLAC or AFLAB
then you should provide a copy of the information to DFO at
least fifteen(15) days before examination of your
case/hearing by RLAC or AFLAB.
You may choose another individual(s)
to represent you in submitting a request for an appeal or
attending the hearing(s). The decision made by RLAC and/or
AFLAB applies only to you. Your participation, therefore, is
strongly encouraged.
Step 5 Hearing Attendance
Hearings may be held in your
community, a nearby community or in a central area depending
upon the region where you live. Hearings may also be
scheduled by conference call, if preferred.
If scheduled hearings present a
conflict for you and you are unable to attend or if you have
special needs contact the regional DFO office within ten
(10) days from the date shown on the hearing notification
letter. Cases can be rescheduled, if justified.
Step 6 Appeal decisions
RLAC: You will be notified,
in writing, of the decision at the first level by the
RDG.
AFLAB: You will be
notified, in writing, of the decision of the Minister of
Fisheries and Oceans, if you have requested an appeal at
the second level AFLAB.
For More Information:
You may find more information about the licence appeal
process and policies regarding licensing by referring to the
website of Fisheries and Oceans Canada
www.dfo-mpo.gc.ca/index.htm or from the licensing appeal
administrator at your regional DFO office:
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