Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act

Marginal note:Application by employer or provider of services

• 205.063 (1) An employer or a provider of services may apply in writing to the provincial labour relations board for a determination as to whether

  • (a) an employee has received wages and benefits under subsection 205.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.05, to perform an activity; or

  • (b) an employee has received wages and benefits under subsection 205.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.054, to be transported.

• Marginal note:Time limit

  (2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

• Marginal note:Burden of proof

  (3) The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

• Marginal note:Conduct of proceeding

  (4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to applications made under subsection (1).

• Marginal note:Costs

  (5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.

• Marginal note:Powers, privileges and immunities

  (6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.

• Marginal note:Non-application of Federal Courts Act

  (7) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.