Acts and Regulations

W-14 - Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

Full text
Internal review
2019, c.16, s.6
19.11(1)A person directly affected by a decision, order or ruling of the Commission may request a review by the Commission when the decision, order or ruling, as the case may be, is made
(a) under this Act,
(b) under the Workers’ Compensation Act and affects the rights of an employer, a worker or a dependent, including a decision, order or ruling imposing or otherwise dealing with an administrative penalty imposed under section 82.1 of that Act, or
(c) under the Firefighters’ Compensation Act and affects the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality.
19.11(2)A request for review shall be made within 90 days after the decision, order or ruling referred to in subsection (1) is made.
19.11(2.1)A request for review of an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made within 14 days after the notice of administrative penalty has been served.
19.11(3)A request for review shall
(a) be in writing,
(b) be addressed to the Commission,
(c) set out clearly the reasons for the review and all facts relative to it, and
(d) be made in a form and in the manner determined by the Commission.
19.11(4)The procedure for a request for review under this section shall be determined by the Commission.
19.11(5)The Commission shall make a decision on a review as soon as circumstances permit after the Commission receives the request for review.
19.11(6)On making its decision, the Commission shall
(a) confirm, vary, revoke or suspend the decision, order or ruling in relation to which the review was requested, and
(b) provide written reasons for the decision to the person who requested the review.
19.11(7)The Commission may extend the time period referred to in subsection (2) if it considers that the delay is justified.
19.11(8)A request for review does not operate as a stay of the decision, order or ruling under review.
19.11(8.1)A person may appeal a decision of the Commission on a review under subsection (5) to the Appeals Tribunal.
19.11(9)Repealed: 2021, c.4, s.7
2019, c.16, s.6; 2019, c.39, s.26; 2021, c.4, s.7
Internal review
2019, c.16, s.6
19.11(1) A person directly affected by a decision, order or ruling of the Commission referred to in paragraph 21(1)(a), (b) or (b.1) may request a review of that decision, order or ruling.
19.11(2)A request for review shall be made within 90 days after the decision, order or ruling of the Commission referred to in subsection (1) is made.
19.11(2.1)A request for review of an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made within 14 days after the notice of administrative penalty has been served.
19.11(3)A request for review shall
(a) be in writing,
(b) be addressed to the Commission,
(c) set out clearly the reasons for the review and all facts relative to it, and
(d) be made in a form and in the manner determined by the Commission.
19.11(4)The procedure for a request for review under this section shall be determined by the Commission.
19.11(5)The Commission shall make a decision on a review as soon as circumstances permit after the Commission receives the request for review.
19.11(6)On making its decision, the Commission shall
(a) confirm, vary, revoke or suspend the decision, order or ruling in relation to which the review was requested, and
(b) provide written reasons for the decision to the person who requested the review.
19.11(7)The Commission may extend the time period referred to in subsection (2) if it considers that the delay is justified.
19.11(8)A request for review does not operate as a stay of the decision, order or ruling under review.
19.11(9)No person shall appeal a decision, order or ruling of the Commission referred to in paragraph 21(1)(a), (b) or (b.1) to the Appeals Tribunal before a final decision is made by the Commission in a request for review under this section.
2019, c.16, s.6; 2019, c.39, s.26