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.

The 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

Purpose and Process

OEBC provides a transparent and fair internal appeal process for dealing with issues raised by a candidate. OEBC expedites appeals to the extent reasonably available and asks that the time limits set out in the Policy be respected, and that all correspondence be via email. However, failing to meet the time limit for a procedural step in this Policy does not set aside a Notice of Appeal or any decision made under this Policy.

OEBC deals with a candidate’s accommodation request through its Accommodation Policy. In addition, OEBC provides a formal procedure within the Appeals Policy for a candidate to proactively request an exemption from a policy or procedure, as OEBC recognizes that extraordinary circumstances occur. The process would be similar to that of a Level 1 Appeal.

At level 1, the candidate would fill in either the Notice of Appeal Form or an Application for Policy Exemption form, thereby initiating the process by formally raising the matter directly with the CEO. The CEO provides a decision and reason within 25 business days. If the Candidate is not satisfied with the decision of the chief executive officer, the candidate may proceed with a further appeal process (Level 2 Appeal).

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

A candidate may appeal a decision of OEBC by following this Appeal Policy and filing the appropriate Notice of Appeal form:

Level 1 Appeal form – the candidate files the First Notice of Appeal 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.

Application for Policy Exception form– A formal procedure for a candidate to request an exemption from a policy or procedure. This identifies the issues, and exception they are requesting, and the grounds for seeking the exception.
- There is no deadline, however candidates should be mindful of the Registration Deadlines and Exam dates.

Level 2 Appeal form – the candidate identifies they seek to have the Level 1 decision overturned or seek a new remedy. Therefore, a candidate may appeal the Level 1 Appeal decision by filing a Second Notice of Appeal, within ten days of following the issuance of the Level 1 decision or Application for Policy Exception.
- 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.
Level 3 Appeal form – the candidate identifies they seek to have the Level 2 decision overturned or seek a new remedy. Therefore, A candidate may appeal the Level 2 Appeal decision by filing a Third Notice of Appeal 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.

Interpretation

OEBC seeks to correct issues as soon as possible. Please notify exams@oebc.ca if you experience an unexpected or unanticipated situation outside your control that may have prejudiced your examination results. Moreover, please inform OEBC of an extraordinary circumstance that arises during an exam, by submitting an Incident Report. Incident Reports are to be completed before leaving the OSCE (Objective Structured Clinical Examination) exam site or emailed to exams@oebc.ca within one hour of the conclusion of your written exam. Finally, please report a medical emergency that prevents you from taking an exam or missing a registration deadline at your earliest opportunity to exams@oebc.ca.

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.