Appeals Policy

Introduction

This Policy sets out the procedures to request an appeal of your exam results or an exception to an OEBC policy, exam registration, or other exam matters. In addition, this Policy provides a framework for reviewing any decision made by OEBC, should the Parties agree to use it.

The timelines set out in this policy start when OEBC receives both your payment and the appropriate notice form within 25 days following the issuance of exam results.

Purpose, Timelines, & Process

The purpose of this policy is to ensure that issues are addressed in a fair, timely, and cost-effective manner, without undue expense or resort to litigation. OEBC is committed to transparency and fairness, striving to resolve appeals and exceptions efficiently. Recognizing that timely resolution is in the best interest of both candidates and OEBC, we work to resolve these matters promptly.

While the policy outlines recommended timelines for each step in the appeals and exception process, these are intended as guidelines rather than strict deadlines. All parties are strongly encouraged to adhere to these timelines to facilitate prompt resolution. However, missing a timeframe for a procedural step does not automatically invalidate a Notice of Appeal or any decision made under this policy.

A Notice of Appeal or Notice of Application for a Policy Exception can be emailed to exams@oebc.ca.

Fees for requesting a Level 1, Level 2, or Level 3 Appeal, or a Policy Exception, are posted under “Exam Fees” on the website.

Appeals may be paid by credit card via your portal account or by e-transfer, sent to exams@oebc.ca. If paid by cheque or bank draft, payment should be mailed or couriered to:

Optometry Examining Board of Canada
37 Sandiford Drive, Suite 403
Stouffville ON L4A 3Z2

All correspondence must be via email.

Best Practices for Appeals & Exceptions

Clearly identify the issue, grounds for appeal or exception, and desired outcome.
If extraordinary circumstances arise, notify OEBC immediately and provide relevant documentation.
Use email for all correspondence and submission of all required forms and supporting documentation to ensure a clear record and efficient communication.
Maintain respectful and professional communication throughout the process.
Seek clarification from OEBC if any part of the process or requirements is unclear.
If you require an Accommodation, please review and follow the Accommodations Policy for requests.

Process Overview

The complete appeal process provides three opportunities for a candidate to resolve a matter.

A candidate may initiate a Level 1 Appeal (form), within twenty-five days of following the issuance of exam results (dates are published on the website). The Level 1 process takes about five weeks and concludes when the CEO issues their decision and reasons.

A candidate may appeal the Level 1 decision by filing a Level 2 Appeal (form), within ten days of following the issuance of the Level 1 decision. The Level 2 Appeal process involves an independent three-person panel conducting a written hearing. The candidate and the CEO (the Parties) make written submissions to the panel. The level 2 process takes 2-3 months and concludes when the panel issues its decision and reasons.

A candidate may appeal the Level 2 appeal by filling a Level 3 Appeal (form), within ten days following issuance of the decision of the Level 2 Appeal. The Level 3 process involves an independent five-person panel conducting an oral hearing. The Parties may provide oral evidence and present witnesses along with the information submitted at the Level 1 and Level 2 stages. The level 3 process takes 3-4 months and concludes when the panel issues its decision and reasons.

Policy Exception is initiated by submitting the Application for Policy Exception (form). The CEO will provide a decision and reasons, typically within five weeks. If a candidate is not satisfied with the decision, they may initiate Level 2 and Level 3 appeals as above. There is no deadline, however candidates should be mindful of the Registration Deadlines and Exam dates.

Definitions

In this document, unless the context otherwise stipulates, the following definitions shall apply:

“Attendance” means participation during a process;

“Candidate” means an individual who has attempted to register or been accepted for the writing of OEBC examinations;

“CEO” means the Chief Executive Officer of OEBC;

“Chair” in section 3.2 means the panel chair for a Level 2 Appeal, and in section 3.3 means the panel chair for a Level 3 Appeal;

“Level 2 Chair” means the person appointed by OEBC to oversee the Level 2 Appeal process and typically chairs the Level 2 Appeal panels;
“Level 3 Chair” means the person appointed by OEBC to oversee the Level 3 Appeal process and typically chairs the Level 3 Appeal panels;

“Day” means a business day, i.e., a day OEBC is open for business;

“Examination” or “Exam” means the examinations held by OEBC;

“Extraordinary circumstances” means unexpected or unanticipated situations outside the candidate’s control relating to the examination;

“Notice of Appeal” means the document filed by the candidate to start the appeal process at the given stage and includes the,

“First Notice of Appeal” means the completed form filed by the candidate to initiate a Level 1 Appeal;
“Second Notice of Appeal” means the completed form filed by the candidate to initiate a Level 2 Appeal;
“Third Notice of Appeal” means the completed form filed by the candidate to initiate a Level 3 Appeal;

“Notice of Application for a Policy Exception” means the document filed by the candidate to start the review process.

“OEBC” means the Optometry Examining Board of Canada, candidate correspondence to OEBC should be emailed to exams@oebc.ca;

“Optometrist” means an individual registered to practice optometry in Canada, or member, or a life member of the optometry regulatory authority in Canada. However, it excludes persons currently serving as directors or employees of OEBC;

“Panel” means the group assigned to decide a Level 2 or 3 Appeal;

“Parties” mean the candidate and the OEBC, represented by the CEO.

What is outside of this policy?

Submitting a Notice of Appeal to challenge the content of the examination.
Submitting a request to rescore your exam — please see Scoring and Rescoring.