Section 285 administrative monetary penalty appeal Canada Labour Code (Part IV–administrative monetary penalties)
Important Information
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NOTE: If you have any questions about this form, please contact the Canada Industrial Relations Board at 1-800-575-9696.
The information provided and any documents submitted to the Canada Industrial Relations Board (the Board) are collected solely for the purpose of administering the Canada Labour Code (the Code) and will be used to issue a decision.
Parties that come before the Board should be aware that this is a public process. Documents filed with the Board will be placed in its file and Board files are available to the public. However, documents for which the Board has issued a Confidentiality Order are not available to the public. If the appeal contains sensitive information, you may request a Confidentiality Order from the Board (see section 22 of the Canada Industrial Relations Board Regulations, 2012 (the Regulations)). For more information, please see the Board’s Policy on Openness and Privacy.
The Board’s decisions are also public. Many of the Board’s decisions are posted on its website. The Board tries not to include unnecessary personal information in its decisions; however, decisions may identify parties and witnesses by name and may include information about them that is relevant to the decision.
READ THESE INSTRUCTIONS BEFORE YOU BEGIN
A person or department may appeal a review decision made by the Head of Compliance and Enforcement (the Head) under Part IV of the Code directly to the Board. The application to appeal is filed within 15 days after the day the decision is served to the person or department (section 285 of the Code).
The purpose of this form is to help you provide the information required to file an appeal of a review decision issued by the Head.
However, a person or department may not file an appeal of a notice of violation directly with the Board. If a person or department disagrees with a notice of violation, they may ask the Head to review the notice. For more information about filing a request for review, please contact the Labour Program of Employment and Social Development Canada (ESDC).
Please refer to the Board’s page on Administrative Monetary Penalty Appeals for additional information.
An application to appeal must be in writing and include reasons for the appeal. Your appeal may be denied if reasons are not provided.
After receiving your application to appeal, the Board will request from the Head a copy of any document that the Head relied on to make the decision being appealed.
You will then receive a letter acknowledging receipt of your application to appeal and enclosing a copy of your appeal and a copy of any document that the Head sent to the Board. A copy of the same documents will also be forwarded to the Head and to parties affected by your appeal, if any. The letter will also provide you and the other parties with additional information and instructions as necessary.
When filling 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