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Canada Labour Code (R.S.C., 1985, c. L-2)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-04-01. Previous Versions

PART IIOccupational Health and Safety (continued)

Appeals of Decisions and Directions

Marginal note:Appointment

  •  (1) The Minister may designate as an appeals officer for the purposes of this Part any person who is qualified to perform the duties of such an officer.

  • Marginal note:Status

    (2) For the purposes of sections 146 to 146.5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 135(3), 137.1(1) to (2.1), and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • Marginal note:Limitation of liability

    (3) An appeals officer is not personally liable for anything done or omitted to be done by the officer in good faith under the authority or purported authority of this Part.

  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 196

Marginal note:Appeal of direction

  •  (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing.

  • Marginal note:Direction not stayed

    (2) Unless otherwise ordered by an appeals officer 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

Marginal note:Inquiry

  •  (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer 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 appeals officer considers appropriate under subsection 145(2) or (2.1).

  • Marginal note:Decision and reasons

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

  • Marginal note:Posting of notice

    (3) If the appeals officer 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 appeals officer may specify, and no person may remove the notice unless authorized to do so by the appeals officer.

  • Marginal note:Cessation of use

    (4) If the appeals officer directs, under paragraph (1)(b), that a machine, thing or place not be used or an activity not be performed until the direction is complied with, no person may use the machine, thing or 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

Marginal note:Powers

 For the purposes of a proceeding under subsection 146.1(1), an appeals officer may

  • (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence under oath and to produce any documents and things that the officer considers necessary to decide the matter;

  • (b) administer oaths and solemn affirmations;

  • (c) receive and accept any evidence and information on oath, affidavit or otherwise that the officer sees fit, whether or not admissible in a court of law;

  • (d) examine records and make inquiries as the officer considers necessary;

  • (e) adjourn or postpone the proceeding from time to time;

  • (f) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence;

  • (g) make a party to the proceeding, at any stage of the proceeding, any person who, or any group that, in the officer’s opinion has substantially the same interest as one of the parties and could be affected by the decision;

  • (h) determine the procedure to be followed, but the officer shall give an opportunity to the parties to present evidence and make submissions to the officer, and shall consider the information relating to the matter;

  • (i) decide any matter without holding an oral hearing; and

  • (j) order the use of a means of telecommunication that permits the parties and the officer to communicate with each other simultaneously.

  • 2000, c. 20, s. 14

Marginal note:Decision final

 An appeals officer’s decision is final and shall not be questioned or reviewed in any court.

  • 2000, c. 20, s. 14

Marginal note:No review by certiorari, etc.

 No order may 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 an appeals officer in any proceeding under this Part.

  • 2000, c. 20, s. 14

Marginal note:Wages

 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 an appeals officer 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

Disciplinary Action

Marginal note:General prohibition re employer

 No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee

  • (a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part;

  • (b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or

  • (c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.

  • R.S., 1985, c. L-2, s. 147
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14

Marginal note:Abuse of rights

  •  (1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights.

  • Marginal note:Written reasons

    (2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so.

  • 2000, c. 20, s. 14

Offences and Punishment

Marginal note:General offence

  •  (1) Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $100,000.

  • Marginal note:If death or injury

    (2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $1,000,000.

  • Marginal note:Risk of death or injury

    (3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $1,000,000.

  • Marginal note:Defence

    (4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c), (z.10) and (z.11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention. However, no person is liable to imprisonment on conviction for an offence under any of paragraphs 125(1)(c), (z.10) and (z.11).

  • Marginal note:Presumption

    (5) For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any of sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph.

  • R.S., 1985, c. L-2, s. 148
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 7, c. 26 (4th Supp.), s. 4
  • 1993, c. 42, s. 10
  • 2000, c. 20, s. 14
 
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