Board Reviews & Court Decisions

Applicants and directly affected parties may request the Board of the NRCB to review a permit decision issued by an approval officer or an enforcement order issued by an inspector. Parties that were denied directly affected party status may also appeal that decision to the Board.

Confined feeding operators may ask the Board to review an enforcement order issued by an inspector.

Board decisions issued following a request for review become part of the public record for the confined feeding operation and can be accessed by using the CFO search.

Board Review Process

There are two steps in the review process. First, the Board meets to discuss the merits of the request. At this stage, the Board decides only whether to hold a hearing or to deny the review and issues its decision in writing.

If the Board determines that the request has merit and agrees to hold a hearing, the hearing may be public (i.e., oral) or written. Public hearings are normally held near the proposed project. Most hearings are completed in one day.

Hearings are an opportunity for the Board to consider in detail the approval officer’s or inspector’s reasons for their decision, the evidence given by the parties to the review, and any other information the Board considers relevant. All documents submitted for the review are public and are made available on this website.

The Board reviews each request received and always issues a written decision that explains why the request was granted or denied. Board decisions are public documents and are published on this website.

AOPA provides for a limited right to appeal Board review decisions, including a decision to deny a request for review, to the Alberta Court of Appeal. The appeal may only address questions of law or jurisdiction. The court must first grant leave to appeal.

RFR Process Fact Sheet

How to Apply for a Board Review

The deadline to submit a request for review to the Board of the NRCB to appeal a decision, directly affected party status, or an enforcement order is set out in the approval officer’s decision cover letter, or in the enforcement order.

The request must explain the reasons the review is being requested. The forms provided (below) set out the information that must be provided under the Agricultural Operation Practices Act. The request for review form can be handwritten or typed.

For assistance, contact Laura Friend, Manager, Board Reviews at 403-297-8269 (toll free 310-0000).

Request for Board review of an approval officer's decision form

Request for Board review of an enforcement order form

Court Decisions

Under the Agricultural Operation Practices Act (AOPA), the applicant and directly affected parties may apply to the Court of Appeal to appeal a decision issued by the NRCB Board, following a Board review of an approval officer decision. The appeal may only address questions of law or jurisdiction. The court must first grant leave to appeal. A person may seek leave to appeal within 30 days of the decision sought to be appealed from, or a further period of time granted by the judge.

Confined feeding operators may seek judicial review of an NRCB Board decision on an enforcement order or grandfathering determination at the Court of King’s Bench.