Section 129(7) or Section 146(1) Application to Appeal a Decision or Direction Canada Labour Code Part II–Occupational Health and Safety
NOTE: If you have any questions about this form, please contact a Canada Industrial Relations Board officer at 1-800-575-9696.
The personal information provided in this form and any documents submitted with it are collected solely for the purpose of administering the Canada Labour Code (the Code) and will be used to deal with and adjudicate matters that come before the Canada Industrial Relations Board (the Board). Parties that engage the Board’s services should be aware that this is a public process. Documents filed with the Board will be placed on the public record, with the exception of documents that the Board declares to be confidential pursuant to section 22 of the Canada Industrial Relations Board Regulations, 2012. The Board provides public access to case files and posts key decisions on its website. Board decisions may identify parties and witnesses by name and may include information about them that is relevant and necessary to the determination of the dispute. For sensitive information, a request can be made to the Board for a Confidentiality Order. For more information, please see the Board’s Policy on Openness and Privacy.
PLEASE READ THE FOLLOWING BEFORE YOU BEGIN
This form is intended to assist you in providing the information required for filing an application to appeal pursuant to section 129(7) or section 146(1) of the Code.
Section 129(7) of the Code provides that an employee, or a person designated by the employee, may appeal a decision made by the Head of Compliance and Enforcement (the Head) regarding a refusal to work, in writing, to the Board within 10 days after receiving notice of the decision.
Section 146(1) of the Code provides that an employer, employee or trade union that feels aggrieved by a direction issued by the Head under Part II of the Code may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.
After receiving your application to appeal, the Board will request from the Head a copy of any document that the Head relied on for the purpose of making the decision being appealed. A copy of these documents will be sent to you as well as to the other parties.
If the other parties wish to file a response, they must do so within 15 days from the receipt of the Board’s letter advising of such. If the Head wishes to make representations to the Board, the Head must do so within the same time frame. Upon receipt of the response(s) or representations from the Head, the applicant will have 10 days to file a reply, if any, only with respect to the documents submitted by the other parties.
The Board will appoint an Industrial Relations Officer (IRO) to oversee the conduct of the file and to assist the parties in reaching a voluntary settlement. An IRO may therefore contact you regarding mediation of your application.
When filing out this form, please print clearly. You may use additional pages if necessary to provide the information requested. Please clearly identify and number any attachments