Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Powers

146.2 For the purposes of a proceeding under subsection 146.1(1), an appeals officer may

• (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence under oath and to produce any documents and things that the officer considers necessary to decide the matter;

• (b) administer oaths and solemn affirmations;

• (c) receive and accept any evidence and information on oath, affidavit or otherwise that the officer sees fit, whether or not admissible in a court of law;

• (d) examine records and make inquiries as the officer considers necessary;

• (e) adjourn or postpone the proceeding from time to time;

• (f) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence;

• (g) make a party to the proceeding, at any stage of the proceeding, any person who, or any group that, in the officer’s opinion has substantially the same interest as one of the parties and could be affected by the decision;

• (h) determine the procedure to be followed, but the officer shall give an opportunity to the parties to present evidence and make submissions to the officer, and shall consider the information relating to the matter;

• (i) decide any matter without holding an oral hearing; and

• (j) order the use of a means of telecommunication that permits the parties and the officer to communicate with each other simultaneously.

Marginal note:Decision final

146.3 An appeals officer’s decision is final and shall not be questioned or reviewed in any court.

Marginal note:No review by certiorari, etc.

146.4 No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an appeals officer in any proceeding under this Part.

Marginal note:Wages

146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by an appeals officer to attend at such a proceeding 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.

Marginal note:General prohibition re employer

147. No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee

• (a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part;

• (b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or

• (c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.