Decisions made by the Passenger Transportation Board (Board) cannot be appealed. This means the decision is final. The Board may reconsider, vary or rescind a decision if:

• New information becomes available
• There has been an error in procedure

There must be a legal basis for a reconsideration. A decision cannot be reconsidered because someone disagrees with it. A person who seeks a reconsideration of a decision on an application may apply within 30 days of the date of publication of the Board’s decision.

New information has become available

If new information becomes available, you or someone else can submit it as evidence to the Board and request a decision reconsideration(578 KB).

New evidence is information that you could not get prior to a decision. It is not additional information that you gather after the Board makes its decision.

If the Board decides to proceed with a reconsideration request, it will assess the new evidence for relevancy and determine what impact, if any, the new information would have on the Board’s original decision.

Error in procedure

The Board has a duty to act fairly, impartially, and must follow procedural fairness. It follows the rules of practice and procedure when making decisions. Although the Board may vary a rule or timeline under certain circumstances, these rules are usually followed. If the Board does not follow a rule, it may be an error of procedure.

The Board will review the context of the decision-making and the impact of the error on an applicant or submitter. It then decides if there has been an error in procedure.

Amendments

The Board may correct a clerical or technical error in a decision. If this occurs, the Board will issue an amended decision.

Judicial Review

A judicial review is an application that a person makes to the B.C. Supreme Court. Judicial reviews are governed by various acts including the Judicial Review Procedure Act and the Administrative Tribunals Act.

Applicants or submitters who do not agree with a Board decision do not have an automatic right to judicial review. A judge decides whether it will review a Board’s decision. A court may intervene if the Board did not give you a fair hearing or if the Board made a decision outside of its authority. Typically, an applicant or submitter will try other options, such as a reconsideration, before seeking a judicial review.