Practice Guide for Hearing Appeals
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Appeal Process under the Canada Labour Code, Part II
Appeal of a no-danger decision of a health and safety officer
(HSO) [129(7)]
- Employee or Representative
- Time limit of 10 days after receipt of decision
(HSO) [129(7)]
- Employee or Representative
- Time limit of 10 days after receipt of decision
Appeal of a health and safety officer's direction
(HSO) [146(1)]
- Employer, Employee, Union or Representative
- Time limit of 30 days after receipt of direction
(HSO) [146(1)]
- Employer, Employee, Union or Representative
- Time limit of 30 days after receipt of direction
Process
Notice of appeal
- Obtaining the HSO's file
- Transmission of the file to the parties
- Exchange of parties' documents via the Office
Selection by the appeals officer (AO) of the hearing procedure (written or oral submissions, teleconference, expedited hearing, etc.
- NOTE for [146(1)]: A stay of the direction can be applied for to an AO [146{2)]
OPTION: Hearing by written submissions
- * Possibility of pre-hearing conference
- Production of evidence — Facts argument
- Written position of parties
- AO decision
- Confirm, Modify or Rescind
- AO may issue directions
- 145(1) contravention to Code
- 145(2) danger
OPTION: Oral hearing or hearing by telephone or video conference
- * Possibility of pre-hearing conference
- Contact parties to determine hearing date, time, location and list of witness(es)
- Hearing notice to parties. Summons to witnesses
- Hearing
- AO decision
- Confirm, Modify or Rescind
- AO may issue directions
- 145(1) contravention to Code
- 145(2) danger
* A telephone conference may be held at any time
Note: This is only meant as a guide. The appeals officer is master of his own procedure and may choose to omit certain steps.