Appeal Procedures

Primary Appeal

All candidates are entitled to appeal an NEB assessment of their Examination scores for the BCSE and the NAVLE, or their performance on the PSA or CPE ("Primary Appeal"). The candidate wishing to appeal must submit a notice of his/her appeal to the Registrar of the NEB in writing within twenty-one (21) days of the date of the results which he/she wishes to appeal. The Notice of Appeal shall clearly outline the grounds for appeal, accompanied by brief and concise statements to support the validity of such grounds. Candidates must use this appeal template. Appeals are to be submitted electronically to the NEB either by email to neb-bne@cvma-acmv.org or through the NEB Candidate Portal.

Please note that complaints concerning testing conditions during the administration of the BCSE or the NAVLE must be submitted within the time frame stipulated under the heading Complaints in the description of the BCSE, and Grievances in the description of the NAVLE.

The Primary Appeal shall be considered by the full NEB at its next meeting following receipt of the Notice of Appeal. The candidate will be advised in writing of the decision of the NEB on the Primary Appeal immediately following that meeting.

Without limitation, it should be noted that the following reasons will not be considered as grounds for appeal:

  1. Lack of proficiency in either the English or the French languages as used in veterinary practice in Canada. Candidates whose native language is not English or French are reminded that they are strongly advised not to attempt the Examination until they have achieved adequate proficiency in one of Canada’s two official languages.
  2. Regulatory questions based on United States laws. Because the written parts of the Examination are used in both the United States and Canada, some questions on regulatory medicine might pertain specifically to one country or the other. It is recognised that candidates in each country may be unfamiliar with the laws of the other country and, therefore, may have difficulty with an occasional question. However, the Canadian experts in veterinary medicine involved in the preparation of the Examination ensure that there are no questions on the Examination which would be unduly prejudicial to Canadian candidates.
  3. Lack of preparation or travel time. Candidates are advised that it is their responsibility to ensure that they have taken sufficient time to prepare adequately for the Examination. Candidates are also advised that they should take into account distances and weather conditions in planning for travel to Examination sites. Candidates are further advised that they should arrive in the region of the Examination site sufficiently early so that they are able to adjust to the effects of travel and any difference in time zones.
  4. Late arrival at the Examination site for any portion of the Examination for any reason whatsoever.

Secondary Appeal

If the candidate wishes to appeal the decision of the NEB on the Primary Appeal, s/he may do so by submitting a further Notice of Appeal to the Registrar of the NEB in writing within thirty (30) days of the mailing date of the decision on the Primary Appeal. Such “Secondary Appeal” shall be heard by a panel of three veterinarians appointed by the NEB, who are not current NEB members (the “Appeal Panel”).

The candidate’s Notice of Secondary Appeal must set out the grounds of appeal, again with brief and concise statements to support the validity of such grounds. The NEB shall have the opportunity to submit a written reply (the “Reply”) to the Notice of Secondary Appeal, which Reply shall be filed with the Registrar of the NEB and sent to the candidate who is appealing, within sixty (60) days of the receipt of the Notice of Secondary Appeal.

As soon as possible after the Reply has been filed with the Registrar of the NEB, or after the time for such filing has expired, the Appeal Panel shall conduct a hearing to review the entire appeal record, which shall include the decision of the NEB on the Primary Appeal, the Notice of Secondary Appeal and the Reply. At such a hearing, both the candidate and the NEB shall be permitted to appear and make representations. The candidate, the NEB and the Appeal Panel may each be represented by counsel during this hearing.

Following the review and hearing, the Appeal Panel shall present its decision to the NEB as to whether the candidate has passed or failed the Examination in question. Such decision shall include conclusions on each of the grounds of appeal presented by the candidate. The decision of the Panel shall be binding on the NEB. In addition to presenting its decision on the appeal, the Appeal Panel may also, at its discretion, make recommendations to the NEB on any issue raised by the Secondary Appeal. Such recommendations may or may not be acted upon by the NEB, at its sole discretion.

If the Secondary Appeal is unsuccessful, no further appeal may be made by the candidate concerning the appealed Examination results.

Assistance with Appeals

Candidates may engage legal or other counsel to assist in the preparation and presentation of Primary or Secondary Appeals, if they so wish. However, all costs associated with such assistance are the responsibility of the candidate.

Costs of Appeals

No charge is levied by the NEB for considering a Primary Appeal. A candidate requesting a Secondary Appeal will be required to deposit with the NEB the sum of $2,000 CAD along with the Notice of Secondary Appeal. If the candidate’s appeal is upheld, the cost of the Secondary Appeal (except for the candidate’s personal costs) will be paid by the NEB and the candidate’s deposit will be refunded in full.

If the Secondary Appeal is denied, the candidate will be required to pay all costs of the appeal, and the candidate’s deposit will be applied to the payment of those costs. Any excess deposit moneys remaining after payment in full of those costs will be refunded to the candidate; but if the costs of the Secondary Appeal total more than the deposit, the balance owing must be paid to the NEB.

In addition, candidates who initiate Secondary Appeal procedures will be charged a minimum, non-refundable fee of $300 CAD. Actual costs over and above this $300 will be charged to candidates. Candidates whose appeal is granted will be reimbursed the latter amount. All direct or personal costs to a candidate associated with an appeal, including any legal fees, remain the responsibility of the candidate.

The NEB accepts no responsibility for any loss of income suffered by candidates as a result of being unsuccessful in the Examination or as a result of decisions altered by appeal.