PART IV — Administrative Monetary Penalties
A person or a department may appeal a decision referred to in section 284 to the Board, in writing, within 15 days after the day on which the decision is served.
Grounds of appeal
(2)The request for appeal shall contain a statement of the grounds of appeal.
2017, c. 20, s. 377; 2018, c. 27, s. 617(F)
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The Board shall inform the Head in writing when an appeal is brought under subsection 285(1) and provide the Head 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 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. 377; 2018, c. 27, s. 618
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In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both.
Correction of penalty
(2)If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty.
Decision
(3)The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons.
Copy given by employer
(4)If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Obligation to pay
(5)If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision.
Decision final
(6)Every decision made under this section is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(7)No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.
2017, c. 20, s. 377; 2018, c. 27, s. 619
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An employee who has been summoned by the Board to attend at an appeal proceeding under this Part 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.
2017, c. 20, s. 377
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