Canada Labour Code

Marginal note:Appointment of referee

• 251.12 (1) On receipt of an appeal, the Minister shall appoint any person that the Minister considers appropriate as a referee to hear and adjudicate on the appeal, and shall provide that person with

  • (a) the payment order or the notice of unfounded complaint; and

  • (b) the document that the appellant has submitted to the Minister under subsection 251.11(1).

• Marginal note:Powers of referee

  (2) A referee to whom an appeal has been referred by the Minister

  • (a) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the referee deems necessary to deciding the appeal;

  • (b) may administer oaths and solemn affirmations;

  • (c) may receive and accept such evidence and information on oath, affidavit or otherwise as the referee sees fit, whether or not admissible in a court of law;

  • (d) may determine the procedure to be followed, but shall give full opportunity to the parties to the appeal to present evidence and make submissions to the referee, and shall consider the information relating to the appeal; and

  • (e) may make a party to the appeal any person who, or any group that, in the referee’s opinion, has substantially the same interest as one of the parties and could be affected by the decision.

• Marginal note:Time frame

  (3) The referee shall consider an appeal and render a decision within such time as the Governor in Council may, by regulation, prescribe.

• Marginal note:Referee’s decision

  (4) The referee may make any order that is necessary to give effect to the referee’s decision and, without limiting the generality of the foregoing, the referee may, by order,

  • (a) confirm, rescind or vary, in whole or in part, the payment order or the notice of unfounded complaint;

  • (b) direct payment to any specified person of any money held in trust by the Receiver General that relates to the appeal; and

  • (c) award costs in the proceedings.

• Marginal note:Copies of decision to be sent

  (5) The referee shall send a copy of the decision, and of the reasons therefor, to each party to the appeal and to the Minister.

• Marginal note:Order final

  (6) The referee’s order is final and shall not be questioned or reviewed in any court.

• Marginal note: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 a referee in any proceedings of the referee under this section.