Summons
N.B. This document is not official and is not binding to an Appeals Officer. It is simply to provide general information to employees, unions and employers so that they may have a better understanding of the process of the Occupational Health and Safety Tribunal Canada (Tribunal). The Appeals Officer hearing a case may vary the procedures where he finds it appropriate.
Pursuant to section 146.2 of the Canada Labour Code, Part II, an Appeals Officer may summon witnesses and compel them to produce documents. If you wish to summon witnesses to give evidence or produce documents at a hearing and believe that these persons will not appear unless they receive a summons, you may obtain one by writing or calling the Tribunal.
You must provide the following information:
- the file number assigned to the case by the Appeals Office;
- the hearing dates;
- your name, address and telephone and fax numbers and, if you are acting as an agent or legal counsel for someone else, the name, address and telephone and fax numbers of the party you represent;
- the name, address and telephone and fax numbers of the persons you wish to summon; and
- a description of any documents you wish the persons to bring with them to the hearing.
The Tribunal will prepare the summons, but you must personally deliver the document to the witness, or have it delivered by a bailiff.
Any employee who has been summoned by an appeals officer to appear at a hearing and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work (s. 146.5 of Part II).