Practice Guide for Hearing Appeals
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Preamble
Designated by the Minister of Labour and grouped under an administrative structure known as the Occupational Health and Safety Tribunal Canada, appeals officers in occupational health and safety act as an administrative tribunal. As such, when deciding appeals, those officers must abide by what are referred to as the rules of natural justice. These rules require that in exercising their authority under the law, appeals officers enable the parties to be heard and present their arguments and objections. Appeals officers must act in an impartial and independent manner and abstain from showing any actual bias or appearance of bias.
The powers and duties of appeals officers are set out in the enabling legislation, i.e. the Canada Labour Code, Part II. More particularly, when deciding appeals, they have the power to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence under oath and to produce documents and things deemed necessary. They can also receive any evidence and information that they see fit, whether or not admissible in a court of law, and examine documents or records and make inquiries that they regard as needed.
Furthermore, appeals officers are not required to hold a hearing in order to decide on the matter or issue brought to them. They are master of their own procedure when inquiring into an appeal, subject to their dual duty of giving the parties the opportunity to present their evidence and position and of considering the information provided when making their decision.
Generally, the hearing held by the appeals officer is of an adversarial nature, where the parties can in turn present material evidence and documents, question witnesses and submit arguments in support of their position. However, other types of hearings can be held depending on what the parties may want and, ultimately, on what the appeals officer may decide, as long as the appeals officer acts in accordance with his dual legal requirement to proceed in a summary way and without delay.