Reviews
68.(1) A person who considers himself, herself or itself aggrieved by an order made under subsection 13.1 (14) or section 45, 48, 51, 56.2, 58.22, 58.23 or 65 or by the refusal of an employment standards officer to issue such an order may apply to the Board for a review of the order or refusal. Restriction (2) A person may not apply for a review of a refusal to issue an order against a director. Application deadline (3) An application for a review must be made, (a) in the case of an application for a review of an order, within 45 days after the date of the order; (b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2). Extension of time for applying (4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so. Restriction on extension re: orders to pay (5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2). Application in writing (6) An application for a review must be in writing. Orders requiring applicant to pay (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director. Hearing (8) Subject to the rules under subsection (12), the Board shall hold a hearing for the purposes of the review. Parties (9) The following are parties to the review: 1. The applicant. 2. In the case of an application by an employer relating to an order, the employee in respect of whom the order was issued. 3. In the case of an application by an employee, the employee’s employer. 4. The employment standards officer who issued or refused to issue the order. 5. In the case of a review of an order issued under section 58.22 or 58.23, each director, other than the applicant, on whom the order is served. 6. Such other persons as the Board may specify. Practice and procedure (10) The Board shall determine its own practice and procedure but shall give full opportunity to the parties to present their evidence and to make their submissions. Rules of practice (11) The chair of the Board may make rules governing the Board’s practice and procedure and the exercise of its powers and prescribing such forms as the chair considers advisable. Expedited decisions (12) The chair of the Board may make rules to expedite decisions about the Board’s jurisdiction and such rules, (a) may provide that the Board is not required to hold a hearing; and (b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions. Effective date of rules (13) Rules made under subsection (12) come into force on such dates as the Lieutenant Governor in Council may by order determine. Conflict with Statutory Powers Procedure Act (14) Rules made under this section apply despite anything in the Statutory Powers Procedure Act. Rules not regulations (15) Rules made under this section are not regulations within the meaning of the Regulations Act. Persons to represent groups (16) If a group of parties have the same or substantially the same interest, the Board may designate one or more of the parties in the group to represent the group in the review. Quorum (17) The chair or a vice-chair of the Board constitutes a quorum for the purposes of this section and is sufficient for the exercise of the jurisdiction and powers of the Board under this section. Posting of notices (18) The Board may require persons or trade unions, whether or not they are parties to the review, to post and to keep posted upon their premises in a conspicuous place or places where they are most likely to come to the attention of persons having an interest in the review, any notices that the Board considers necessary to bring to the attention of such persons. Powers of Board (19) The Board may, with necessary modifications, exercise the powers conferred on an employment standards officer under this Act and may substitute its findings or opinions for those of the officer who issued the order or refused to issue the order. Same (20) Without restricting the generality of subsection (19), the Board may, (a) if the review is a review of an order, amend, rescind or affirm the order or issue a new order; and (b) if the review is a review of a refusal to issue an order, issue an order or affirm the refusal. Labour relations officers (21) If during a review the Board considers it appropriate to do so, it may direct a labour relations officer to make such examination of records and other inquiries as it considers necessary in the circumstances but it shall not direct an employment standards officer to do so. Same (22) Sections 63 and 64 apply with respect to a labour relations officer who has been given a direction under subsection (21). Interim orders (23) If, during a review of an order requiring the payment of money or a review of a refusal to issue such an order, the Board finds that a certain amount of wages or compensation is owing or that there is no dispute that a certain amount of wages or compensation is owing, the Board shall, even though the review is not completed, affirm the order or issue an order to the extent of that amount. Interest (24) If the Board issues, amends or affirms an order requiring the payment of money, the Board may order the person against whom the order was issued to pay interest at the rate and calculated in the manner determined by the Director under section 61.1. Decision final and binding (25) A decision of the Board under this section is final and binding upon the parties to the decision and such other parties as the Board may specify. Assignment of referees and adjudicators to new matters (26) The Board may assign the conduct of a review to a person who was appointed as a referee prior to the coming into force of section 32 of the Economic Development and Workplace Democracy Act, 1998 or as an adjudicator prior to the coming into force of section 33 of the Economic Development and Workplace Democracy Act, 1998 if his or her term of appointment has not expired when the assignment is made. Section applies as if person assigned were Board (27) This section, other than subsections (10) to (12), applies with respect to a person to whom the conduct of a review is assigned under subsection (26) as if the person were the Board. Person to follow Board’s practice, etc. (28) A person to whom the conduct of a review is assigned under subsection (26) shall, (a) follow the practices and procedures determined by the Board; (b) give full opportunity to the parties to present their evidence and to make their submissions; and (c) follow the rules made by the chair of the Board. 1998, c. 8, s. 39.