Terms and Definitions

Notice of appeal

This is the document or correspondence that is filed by an individual with the Board office to start the appeal process.  The notice of appeal can be mailed, faxed or delivered in person to the Board office.  However, if a copy is faxed, the original notice of appeal must be subsequently mailed or delivered to the Board office.

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Board panel

This refers to the members of the Manitoba Health Appeal Board who will be hearing and deciding an appeal.  The Act requires that a Board panel must consist of at least three members.
The Board generally sits in panels of:

  • three members for Authorized Charge and Home Care appeals; and
  • five members for Insured Benefit and other types of appeals.

Each Board panel consists of the Chairperson of the Board or a member who has been appointed as the Acting Chairperson on that panel to lead the proceedings on behalf of the Board.

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Administrator

This is the Board’s senior staff person who is responsible for providing the Board’s administrative processes and who attends the appeal hearings and releases the Board’s written decisions and reasons.

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Appellant

This is the person who the appeal is about and is seeking to reverse the decision that was made by the respondent.

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Respondent

This is the authority that made the decision that is being appealed.  Depending on the nature of the matter, the respondent on appeals to the Board will either be Manitoba Health, Seniors and Active Living or a Regional Health Authority.

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Representative

This is the person who will be representing the appellant or respondent on the appeal.  This person can be a lawyer or another individual (such as a family member or friend) who the appellant has designated in writing to be a representative.

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Parties to a hearing

This is the appellant and the respondent and their representatives.

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Support person

This person could be a family member or a friend whose only purpose in attending a hearing is to give moral support and/or to take notes.  The Board is not responsible for any costs associated with the attendance of a support person.

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Disability-related support person

This person could be a family member, friend or an attendant whose only purpose in attending a hearing is to provide care support and other assistance such as taking notes.  The Board is not responsible for any costs associated with the attendance of a person who provides these disability-related needs for a party.

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Witness

This is a person who attends a hearing on behalf of a party to give evidence that he/she has personal knowledge of and is relevant to the issues under appeal.  At the time of the appeal hearing, the Board will decide whether the witness may remain in the room for the whole hearing or only when he/she will be giving evidence.  The Board is not responsible for any costs associated with the attendance of a witness.

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Evidence

This is any information in the form of a document, medical report, research article, photograph, etc. that relates to the issues under appeal that can be filed with the Board office prior to the appeal hearing date.

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Brief

This is the written argument that relates to the issues under appeal that can be filed with the Board office prior to the appeal hearing date.

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Rebuttal brief of the appellant

This is an additional written argument and/or evidence that the appellant may file before the hearing in response to the respondent’s written brief.

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Filing date

The date determined by the Administrator and provided to the parties as being the last day that the Board office will accept written briefs and evidence before the appeal hearing date.

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Motion

This is a brief hearing that is held by the Board to consider a matter other than the specific issues under appeal.  For example, an appellant’s request for the Board to permit the late filing of an appeal or a party’s request to file additional evidence at the hearing that was not available before the filing date or a request for an adjournment.  A motion can be heard by the Board before an appeal hearing date or at the commencement of or during an appeal hearing.

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Recess

If, during an appeal hearing, a party needs to take a brief break for any reason, that party may ask the Board for a recess.  The Board may also call a recess on its own.  When a recess occurs, the hearing will stop and all parties will be asked to leave the hearing room.  The Board members cannot talk to any of the parties during a recess.

Adjournment

If, for some reason, the appeal hearing is not able to be completed on the date of the hearing or if a party requests an adjournment, the appeal hearing will stop at that time and a continuation date will be scheduled with the parties and/or their representatives by the Administrator at a later date.

Board decision

A decision of the majority of the panel who hears an appeal is a decision of the Board.  The Board’s decision with reasons is issued in writing to the parties after the appeal hearing has been concluded.

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