Terms and Definitions

Accessibility-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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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 Hearing Officer at a later date.

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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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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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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. In more complex cases, a panel of five members may be convened.

Each Board panel includes either the Chairperson or a member appointed as the Acting Chairperson for that panel, who leads the proceedings on behalf of the Board.

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Board Secretary & Privacy Coordinator

This is the Board’s most senior staff member and Board Representative, responsible to direct and oversee the Board office and its professional staff for the purposes of facilitating Board business. The position also supports the Board by developing policy as appropriate and providing advice and guidance to the Board. The position is accountable for the overall administrative fairness of the Board’s appeal process for all appeals and appears as representative of the Board at the Court of King’s Bench. The position also responds on behalf of the Board to requests made under the Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

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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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Evidence

This is any information in the form of a document, medical report, research article (reputable source), 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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Filing date

The dates determined by the Hearing Officer 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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Hearing Officer

This is the Board’s senior staff member, who attends appeal hearings, supports the Board during the decision-making process, and issues the Board’s written decisions and reasons.

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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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Notice of appeal

A Notice of Appeal is the document or correspondence submitted by an individual to the Board office to initiate the appeal process. It can be submitted by mail, email, fax, through online form, or delivered in person to the Board office.

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Parties to a hearing

This is the appellant and the respondent and their representatives.

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Power of Attorney / Representative / Committee

This is the person or persons who will be representing the appellant on the appeal. This person can be a lawyer or any other individual (such as a family member or a friend) who has been authorized by the appellant in writing to represent him/her in the appeal. If the appellant is under a committee, an order of Committeeship is required as proof of authority to represent the appellant.

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Rebuttal brief

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

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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. If the hearing is held virtually, parties will be placed in a breakout room virtually. The Board members cannot talk to any of the parties during a recess.

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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 or a Regional Health Authority.

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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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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. Witnesses asked to join only part of the hearing will be asked to wait in the pre-hearing room for the respected party. For virtual appeals, the witness may be placed in the breakout room to wait. The Board is not responsible for any costs associated with the attendance of a witness.

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