59.2 (1) A person who receives a notice of contravention under section 59.1 may apply to the Ontario Labour Relations Board for a review of the notice of contravention in a form approved by the Ontario Labour Relations Board, (a)  within 15 days after receipt of the notice of contravention; or (b)  if the Ontario Labour Relations Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Ontario Labour Relations Board. 2016, c. 37, Sched. 17, s. 11. If review requested (2) If a person who has received a notice of contravention applies for a review under subsection (1), the Ontario Labour Relations Board shall conduct the review in accordance with any rules that may be made by the Chair of the Ontario Labour Relations Board under clause (3) (a) or subsection (4). 2016, c. 37, Sched. 17, s. 11. Ontario Labour Relations Board rules (3) The Chair of the Ontario Labour Relations Board may make rules, (a)  governing the practices and procedures and the exercise of its powers applicable to a review of a notice of contravention; and (b)  requiring the use of forms approved by the Ontario Labour Relations Board. 2016, c. 37, Sched. 17, s. 11. Same (4) Without limiting the generality of clause (3) (a), the Chair may make rules to expedite any proceeding under this section, and such rules may, (a)  provide that the Ontario Labour Relations Board is not required to hold a hearing; (b)  limit the extent to which the Ontario Labour Relations Board is required to give full opportunity to the parties to present their evidence and to make submissions; and (c)  authorize the Ontario Labour Relations Board to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances. 2016, c. 37, Sched. 17, s. 11. Conflict with the Statutory Powers Procedure Act (5) Rules made under subsection (4) apply despite anything in the Statutory Powers Procedure Act. 2016, c. 37, Sched. 17, s. 11. Rules not regulations (6) Rules made under subsection (3) or (4) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2016, c. 37, Sched. 17, s. 11. Parties to review (7) The parties to a review of a notice of contravention are, (a)  the College; (b)  the person who received the notice of contravention; and (c)  such other persons as the Ontario Labour Relations Board may specify. 2016, c. 37, Sched. 17, s. 11. Powers of Ontario Labour Relations Board (8) For the purposes of a review of a notice of contravention, the Ontario Labour Relations Board has power, (a)  to require any party to furnish particulars before or during a consultation or hearing; (b)  to require any party to produce documents or things that may be relevant to the review and to do so before or during a consultation or a hearing; (c)  to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Ontario Labour Relations Board considers requisite to the review in the same manner as a court of record in civil cases; (d)  to administer oaths and affirmations; (e)  to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not; (f)  to make interim orders concerning procedural matters on such terms as it considers appropriate; and (g)  to determine the form in which and the time as of which any party to the review must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time. 2016, c. 37, Sched. 17, s. 11. Mistakes in names of parties (9) Where, in a review of a notice of contravention, the Ontario Labour Relations Board is satisfied that a mistake has been made in good faith with the result that the proper person has not been named as a party or has been incorrectly named, the Ontario Labour Relations Board may order the proper person to be substituted or added as a party to the review or to be correctly named on such terms as appear to the Ontario Labour Relations Board to be just. 2016, c. 37, Sched. 17, s. 11. Factors (10) In conducting a review, the Ontario Labour Relations Board, (a)  shall consider, (i)  the scope of practice of every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act that may be relevant, (ii)  the compliance and enforcement policy referred to in section 11.1, (iii)  if the contravention involves an individual performing work or engaging in the practice of a compulsory trade, whether there is a risk of harm to that individual, to other workers or to the public, (iv)  the objects of the College, as set out in subsection 11 (1); and (b)  may consider other factors it considers relevant, having regard to the public interest. 2016, c. 37, Sched. 17, s. 11. Ontario Labour Relations Board’s decision (11) Upon a review, the Ontario Labour Relations Board may, as appropriate under this Act, (a)  resolve the notice of contravention in the manner consented to by the parties; (b)  rescind the notice of contravention; (c)  affirm the notice of contravention; or (d)  amend the notice of contravention by reducing the amount of the penalty if it is excessive in the circumstances. 2016, c. 37, Sched. 17, s. 11. Decision final (12) A decision by the Ontario Labour Relations Board under this section is final and binding on the parties to the review. 2016, c. 37, Sched. 17, s. 11. Judicial review (13) Nothing in subsection (12) prevents a court from reviewing a decision of the Ontario Labour Relations Board under this section, but a decision of the Ontario Labour Relations Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable. 2016, c. 37, Sched. 17, s. 11. Payment after review (14) If the Ontario Labour Relations Board affirms a notice of contravention or amends the notice by reducing the amount of the penalty, the person shall pay the penalty determined by the Ontario Labour Relations Board within 30 days after the day of the Ontario Labour Relations Board’s decision. 2016, c. 37, Sched. 17, s. 11. Payment to Minister of Finance (15) A person who is required to pay a penalty under this section shall pay the penalty to the Minister of Finance. 2016, c. 37, Sched. 17, s. 11. Testimony in civil proceedings, etc. (16) Except with the consent of the Ontario Labour Relations Board, no member of the Ontario Labour Relations Board, its registrar, its other officers or clerks or servants can be compelled to testify in a civil proceeding, in a proceeding before the Ontario Labour Relations Board or in a proceeding before any other tribunal respecting information obtained in the course of their duties under this Act. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017