Practice Guide for Hearing Appeals
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Health and Safety Officer's Testimony
Rule
The health and safety officer called to testified is not a party to the appeal.
Role
The health and safety officer's role under the Canada Labour Code requires that he acts in an impartial and unbiased manner. Consequently, during the hearing of an appeal, the parties cannot summon the officer to attend and testify in support of their position.
Witness capacity
Where the appeals officer has deemed it useful to hear the testimony of the health and safety officer, it is as witness of the appeals officer that he testifies. Consequently, his examination in chief is made by the appeals officer and it may be followed by cross-examination by the parties.