PART IVAdministrative Monetary Penalties (continued)
Marginal note:Head informed of appeal
Marginal note:Documents provided to Board
(2) The Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision being appealed.
Marginal note:Documents provided to Head
(3) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.
Marginal note:Power of Head
(4) The Head may, in an appeal, present evidence and make representations to the Board.
Marginal note:Object of appeal
287 (1) In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both.
Marginal note:Correction of penalty
(2) If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty.
(3) The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons.
Marginal note:Copy given by employer
(4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Marginal note:Obligation to pay
(5) If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision.
Marginal note:Decision final
(6) Every decision made under this section is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(7) No order shall 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 the Board in any proceedings under this section.
288 An employee who has been summoned by the Board to attend at an appeal proceeding under this Part 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.
289 If a person or a department pays the penalty set out in a notice of violation, the person or the department is considered to have committed the violation and proceedings in respect of it are ended.
Marginal note:Failure to act
290 A person or a department that neither pays a penalty imposed under this Part nor requests a review or an appeal in the specified time is considered to have committed the violation and is liable for the penalty.
Recovery of Penalties
Marginal note:Debt to Her Majesty
Marginal note:Limitation period
(2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.
(2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
Marginal note:Admissibility of documents
293 In the absence of evidence to the contrary, a document that appears to be a notice of violation issued under subsection 276(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
Marginal note:Burden of proof
294 If the facts of a violation are reviewed or appealed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the applicant or the appellant committed the violation.
295 The Head may, subject to the regulations, make public the name of an employer who committed a violation under this Part, the nature of the violation, the amount of the penalty imposed and any other information prescribed by regulation.
296 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve compliance with Parts II and III of this Act, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.
Marginal note:Repeal of regulations
297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force.
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