OHS Act

Published Date: October 01, 2013
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Section 17 Hearing of appeal

(1) When the Council hears appeals under this Act, it may, at the direction of the chair, sit in one or more divisions and the divisions may sit simultaneously or at different times.

(2) For the purpose of hearing appeals under this Act, 3 members constitute a quorum of the Council or of a division of the Council.

(3) A division of the Council may exercise and perform all the jurisdiction, powers and duties of the Council with respect to the hearing of appeals under this Act and an order of a division is an order of the Council and binds all members of the Council.

(4) The chair may designate a member of a division of the Council to preside at any sitting of a division at which the chair is not present.

(5) When the Council or a division of the Council is hearing an appeal and one or more members of the Council or division, as the case may be, do not for any reason attend on any day or part of a day, the remaining members present may, if they constitute a quorum under this section, exercise and perform all the jurisdiction, powers and duties of the Council with respect to that hearing.

(6) A decision of a majority of the members of the Council or a division of the Council present and constituting a quorum is the decision of the Council or of the division and in the event that there is a tie vote the chair or the presiding member, as the case may be, may cast a 2nd vote.

(7) The Council may establish rules of procedure respecting the hearing of appeals before it or before a division.

(8) For the purpose of hearing appeals under this Act, the members of the Council have the same power as is vested in the Court of Queen’s Bench for the trial of civil actions

(a) to summon and enforce the attendance of witnesses,

(b) to compel witnesses to give evidence under oath or otherwise,

(c) to compel witnesses to give evidence in person or otherwise, and

(d) to compel witnesses to produce any record, object or thing that relates to the matter being heard.