Appeals Officers in occupational health and safety, designated by the Minister of Labour and grouped under an administrative structure known as the Occupational Health and Safety Tribunal Canada (Tribunal), exercise the functions of an administrative tribunal. To offer the best services to Canadians, the Tribunal is located in the National Capital Region.
The mandate of the Appeals Officer is to receive, hear and dispose of appeals of decisions issued by health and safety officers under [ss.129(7)] and directions under [s.146] of the Canada Labour Code, Part II. The Appeals Officer shall provide a decision with reasons. The Appeals Officer can interveen in all sectors under federal jurisdiction, such as the Air, Rail, Marine and Oil and Gas sectors, the federal Public Service and businesses like road transportation, ferries, and grain elevators.
In February 2008, to meet the requirement of the Federal Identity Program the name of the "Canada Appeals Office on Occupational Health and Safety" was changed for "The Occupational Health and Safety Tribunal Canada" (OHSTC).
Amendments to Part II of the Canada Labour Code made in The Economic Action Plan 2013 Act, No. 2, came into force on October 31, 2014. These amendments brought in changes to the work refusal process, the definition of danger, and new provisions for the Minister of Labour. The legislation includes transitional provisions that determine whether the previous or current version of the Canada Labour Code applies to new appeals cases.
Our website is currently being updated to reflect these changes. In the meantime, cases applying the new definition of danger will be marked with asterisk on our Upcoming Appeals section.