OHS Act

Published Date: October 01, 2013
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Section 16 Appeal

(1) A person

(a) to whom an order is issued under section 9, 10, 11, 12, 14, 25 or 33,

(b) who is given a notice of administrative penalty, or

(c) whose licence has been cancelled or suspended,

may appeal the order, administrative penalty, cancellation or suspension to the Council.

(2) An appeal under subsection (1) shall be commenced by serving a notice of the appeal on a Director of Inspection

(a) in the case of an appeal from an order referred to in subsection (1)(a), within 30 days from the date that the order was served on the person making the appeal,

(b) in the case of an appeal from an administrative penalty, within 30 days from the date that the notice of administrative penalty was given to the person making the appeal, or

(c) in the case of an appeal from the cancellation or suspension of a licence, within 30 days from the date that the licence, certificate or permit was cancelled or suspended.

(3) After considering the matter being appealed, the Council may by order

(a) in the case of an appeal from an order referred to in subsection (1)(a), confirm, revoke or vary the order,

(b) in the case of an appeal from an administrative penalty, confirm, revoke or vary the administrative penalty, or

(c) in the case of an appeal from the cancellation or suspension of a licence,

(i) confirm the cancellation or suspension,
(ii) reinstate the cancelled licence,
(iii) substitute a suspension for the cancellation, or
(iv) remove or vary the suspension.

(4) When an appeal is made to the Council under subsection (1), the Council shall hear the appeal and render a decision as soon as practicable.

(5) An appeal lies to the Court of Queen’s Bench from an order of the Council on a question of law or a question of jurisdiction and on hearing the matter the Court may make any order, including the awarding of costs, that the Court considers proper.

(6) An appeal under subsection (5) shall be made by way of application within 30 days from the date that the order of the Council is served on the person appealing the order of the Council.

(7) When an appeal is commenced under subsection (1)(a) or (c), the commencement of that appeal does not operate as a stay of the order, cancellation or suspension being appealed from except insofar as the chair or a vice-chair of the Council so directs.

(7.1) When an appeal from an administrative penalty is commenced under subsection (1)(b), the commencement of that appeal operates to stay the administrative penalty until the Council renders its decision on the appeal or the appeal is withdrawn.

(8) When an appeal from an order of the Council under subsection (3)(a) or (c) is commenced under subsection (5), the commencement of that appeal does not operate as a stay of the order of the Council being appealed from except insofar as a judge of the Court of Queen’s Bench so directs.

(9) When an appeal from an order of the Council under subsection (3)(b) confirming or varying an administrative penalty is commenced under subsection (5), the commencement of that appeal operates to stay the administrative penalty until the Court of Queen’s Bench renders its decision on the appeal or the appeal is withdrawn.