39. Appeal to Reviewing Tribunal

Subject to subsection (2) and section 44(1), an appellant who is aggrieved by an initial appealable decision affirmed on reconsideration under section 38 or a substitute appealable decision made on reconsideration under section 38 may, on payment of such fee as may be prescribed, appeal to a Reviewing Tribunal in accordance with this Part.

No appeal may be made under this Part to a Reviewing Tribunal unless the appellant has first applied under section 38(1) to the Minister to reconsider the initial appealable decision and the Minister has substituted or affirmed that decision under section 38(3).

An initial appealable decision affirmed on reconsideration under section 38 continues to take effect despite any appeal under subsection (1) against the decision and remains in effect until the decision is reversed on appeal.

A substitute appealable decision made on reconsideration under section 38 takes effect despite any appeal under subsection (1) against the decision and remains in effect until the decision is reversed on appeal.