THE APPEALS PROCESS:

Denied applicants/employees have the right to appeal a denial issued by organizations with compliance programs on this system.

EXTERNAL APPEALS PROCESS

Appeals made to organizations that do not use the ERS-CANADA process, must be conveyed by alternate means, outside of this system. In such cases, please contact the denying organization for details.

ERS-CANADA APPEALS PROCESS

Denied applicants/employees or their employers can appeal directly to the denying organization via ERS-CANADA, provided that the denying organization utilizes the appeal process facilitated by this system.

A denied subscriber will have 15 working days from the date posted on their Initial ERS-CANADA Denial Notification to appeal the decision.

If the applicant/employee requires additional time to gather documentation, the applicant/employee can notify ERS-CANADA of his or her intention to appeal and is afforded an additional 15 working days to submit their appeal and supporting documentation.

The appeal should include the following:
  • Individual's name
  • Contractor's company name
  • Mailing address
  • E-Mail address
  • Daytime telephone number
  • Justification for Appeal (brief explanation)
  • Supporting documentation if applicable
Once the system receives the appeal and supporting documentation (if applicable), ERS-CANADA will forward the applicant's appeal to the appropriate railroad within 24 hours for expedited review.

The railroad must render a decision on the appeal no later than 10 working days from the date of receipt from ERS-CANADA of the applicant's appeal. The appeals board within each railroad will include a diverse work group from various departments.

The decision on the appeal will be communicated back to ERS-CANADA by the railroad. The applicant/employee as well as the applicant's employer will be promptly notified by ERS-CANADA of the decision on the appeal.

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