Appeals of Decisions and Directions

145.1Powers, duties and functions history

For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister and the Head under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1) to (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).

2000, c. 20, s. 14; 2013, c. 40, s. 196; 2017, c. 20, s. 347; 2018, c. 22, ss. 13, 19; 2018, c. 27, s. 561; 2018, c. 27, s. 623

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146Appeal of direction history

(1)

An employer, employee or trade union that feels aggrieved by a direction issued by the Head under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.

Direction not stayed

(2)

Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.

R.S., 1985, c. L-2, s. 146; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 197; 2017, c. 20, s. 347; 2018, c. 27, s. 562

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146.01Head informed of appeal history

(1)

The Board shall inform the Head in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal.

Documents provided to Board

(2)

The Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision or issuing the direction being appealed.

Documents provided to Head

(3)

The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.

Power of Head

(4)

The Head may, in an appeal, present evidence and make representations to the Board.

2017, c. 20, s. 347; 2018, c. 27, s. 563

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146.1Inquiry history

(1)

If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may

(a)

vary, rescind or confirm the decision or direction; and

(b)

issue any direction that the Board considers appropriate under subsection 145(2) or (2.1).

Decision and reasons

(2)

The Board shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned and to the Head, and the employer shall, without delay, give a copy of the decision, the reasons, and any direction to the work place committee or health and safety representative.

Posting of notice

(3)

If the Board issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the Board may specify, and no person may remove the notice unless authorized to do so by the Board.

Cessation of use

(4)

If the Board directs, under paragraph (1)(b), that a machine or thing not be used, a place not be worked in or an activity not be performed until the direction is complied with, no person shall use the machine or thing, or work in the place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction.

2000, c. 20, s. 14; 2017, c. 20, s. 348; 2018, c. 27, s. 564

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146.2 history

[Repealed, 2017, c. 20, s. 349]

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146.3 history

[Repealed, 2017, c. 20, s. 349]

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146.4 history

[Repealed, 2017, c. 20, s. 349]

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146.5Wages history

An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

2000, c. 20, s. 14; 2017, c. 20, s. 349

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