When You Can Appeal
Whether you can appeal, and on what grounds, depends entirely on the statute:
- Law or fact or both: health college discipline (Code, s. 70), teachers (OCT Act, s. 35), ECEs (ECE Act, s. 38), social workers (SWSSW Act, s. 31), veterinarians (Veterinarians Act, s. 35), engineers (PEA, s. 31), architects (Architects Act, s. 36).
- After an internal appeal: Law Society matters go first to the Tribunal’s Appeal Division (Law Society Act, ss. 49.32, 49.38).
- Question of law only: LAT decisions on liquor and cannabis (LAT Act, s. 11(3)); OLT decisions under the EPA (s. 145.6).
- No statutory appeal: OLRB OHSA decisions are final (OHSA, s. 61(6)); CPA Ontario provides only an internal appeal committee.
Does an Appeal Pause the Order?
Stay rules vary. Some orders take effect immediately despite an appeal: health college orders for incompetence, incapacity and certain sexual abuse findings (Code, ss. 71, 71.1); teacher revocation, suspension and restriction orders (OCT Act, s. 35(5)); ECE and social work orders (ECE Act, s. 38(5); SWSSW Act, s. 31(5)). Others are paused until the appeal is decided: engineering, architecture and veterinary orders based on professional misconduct (PEA, s. 29; Architects Act, s. 34(9); Veterinarians Act, s. 32(2)). Where an order takes effect immediately, a motion for a stay may be urgent.
Judicial Review
Where no statutory appeal exists, or for decisions that cannot be appealed, a party may consider an application for judicial review in the Divisional Court. Judicial review asks whether the decision-maker acted within its authority, fairly and reasonably; it is not a rehearing. Timing and availability should be assessed promptly with a lawyer.
Checklist: Considering an Appeal
Documents to gather
- The final decision and reasons
- The record of the proceeding (most statutes let you request a certified copy)
- Your notes on legal or factual errors
Details to check
- Whether your statute allows an appeal, and on what grounds
- The appeal deadline under the court rules
- Whether you need a stay
Rules and resources
- The governing statute’s appeal section
- Rules of Civil Procedure (Divisional Court appeals)
Frequently Asked Questions
How long do I have to appeal?
The governing statutes generally say appeals proceed “in accordance with the rules of court,” so the deadline comes from the court rules. Confirm it immediately after receiving a decision.
Can I introduce new evidence on appeal?
Appeals are usually decided on the record. New evidence is admitted only in limited circumstances.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Health Professions Procedural Code, ss. 70–71 — Checked on e-Laws November 10, 2026.
- Ontario College of Teachers Act, 1996, s. 35 — Checked on e-Laws November 10, 2026.
- Early Childhood Educators Act, 2007, s. 38 — Checked on e-Laws November 10, 2026.
- Social Work and Social Service Work Act, 1998, s. 31 — Checked on e-Laws November 10, 2026.
- Professional Engineers Act, ss. 29, 31 — Checked on e-Laws November 10, 2026.
- Architects Act, ss. 34, 36 — Checked on e-Laws November 10, 2026.
- Veterinarians Act, ss. 32, 35 — Checked on e-Laws November 10, 2026.
- Law Society Act, ss. 49.32–49.41 — Checked on e-Laws November 10, 2026.
- Licence Appeal Tribunal Act, 1999, s. 11 — Checked on e-Laws November 10, 2026.
- Environmental Protection Act, s. 145.6 — Checked on e-Laws November 10, 2026.
- Occupational Health and Safety Act, s. 61 — Checked on e-Laws November 10, 2026.