Acts and Regulations

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

Section 21
Disposition versions

Full text
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1), (1.4), (2) and (2.01), there shall be a final right of appeal to the Appeals Tribunal from
(a) a decision of the Commission on a review under subsection 19.11(5),
(b) Repealed: 2021, c.4, s.8
(b.1) Repealed: 2021, c.4, s.8
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order, and
(d) an administrative penalty imposed by an officer appointed under section 5 of the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1.01) of that Act by the person subject to the administrative penalty.
21(1.1)An appeal under paragraph (1)(a) shall be made no later than one year after the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.011)Repealed: 2021, c.4, s.8
21(1.11)Repealed: 2021, c.4, s.8
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(1.3)The one-year period referred to in subsection (1.1) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.
21(1.4)Despite subsection (1.1), an appeal of a decision on a review dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision.
21(1.5)The seven-day period referred to in subsection (1.4) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.01)An appeal under paragraph (1)(d) shall be made within seven days after the confirmation, variance, revocation or suspension of an administrative penalty by the Chief Compliance Officer under subsection 37(1.01) of the Occupational Health and Safety Act, or within seven days after the Chief Compliance Officer’s order suspending the operation of the administrative penalty under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order or imposed the administrative penalty are parties to an appeal under paragraph (1)(c) or (d), as the case may be, for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)Subject to subsections (9.8) and (9.9), the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
21(9.1)Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
21(9.2)If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
21(9.3)As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
21(9.4)If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.5)If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
21(9.6)After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.7)If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
21(9.8)If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
21(9.9)The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
21(10)The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)Repealed: 2018, c.18, s.3
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of King’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3; 2019, c.16, s.6; 2019, c.39, s.26; 2020, c.19, s.3; 2021, c.4, s.8; 2023, c.17, s.286
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1), (1.4), (2) and (2.01), there shall be a final right of appeal to the Appeals Tribunal from
(a) a decision of the Commission on a review under subsection 19.11(5),
(b) Repealed: 2021, c.4, s.8
(b.1) Repealed: 2021, c.4, s.8
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order, and
(d) an administrative penalty imposed by an officer appointed under section 5 of the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1.01) of that Act by the person subject to the administrative penalty.
21(1.1)An appeal under paragraph (1)(a) shall be made no later than one year after the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.011)Repealed: 2021, c.4, s.8
21(1.11)Repealed: 2021, c.4, s.8
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(1.3)The one-year period referred to in subsection (1.1) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.
21(1.4)Despite subsection (1.1), an appeal of a decision on a review dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision.
21(1.5)The seven-day period referred to in subsection (1.4) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.01)An appeal under paragraph (1)(d) shall be made within seven days after the confirmation, variance, revocation or suspension of an administrative penalty by the Chief Compliance Officer under subsection 37(1.01) of the Occupational Health and Safety Act, or within seven days after the Chief Compliance Officer’s order suspending the operation of the administrative penalty under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order or imposed the administrative penalty are parties to an appeal under paragraph (1)(c) or (d), as the case may be, for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)Subject to subsections (9.8) and (9.9), the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
21(9.1)Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
21(9.2)If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
21(9.3)As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
21(9.4)If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.5)If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
21(9.6)After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.7)If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
21(9.8)If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
21(9.9)The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
21(10)The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)Repealed: 2018, c.18, s.3
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3; 2019, c.16, s.6; 2019, c.39, s.26; 2020, c.19, s.3; 2021, c.4, s.8
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1), (1.011), (1.11), (2) and (2.01), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting 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, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order, and
(d) an administrative penalty imposed by an officer appointed under section 5 of the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1.01) of that Act by the person subject to the administrative penalty.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.011)Despite subsection (1.1), an appeal under paragraph (1)(b) of a decision, order or ruling imposing or otherwise dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision, ruling or order.
21(1.11)If a request for review is made under section 19.11,
(a) the one-year period referred to in subsection (1.1) commences on the date the person who requested the review is provided written reasons for the decision;
(b) the seven-day period referred to in subsection (1.011) commences on the date the person who requested the review is provided written reasons for the decision.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.01)An appeal under paragraph (1)(d) shall be made within seven days after the confirmation, variance, revocation or suspension of an administrative penalty by the Chief Compliance Officer under subsection 37(1.01) of the Occupational Health and Safety Act, or within seven days after the Chief Compliance Officer’s order suspending the operation of the administrative penalty under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order or imposed the administrative penalty are parties to an appeal under paragraph (1)(c) or (d), as the case may be, for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)Subject to subsections (9.8) and (9.9), the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
21(9.1)Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
21(9.2)If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
21(9.3)As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
21(9.4)If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.5)If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
21(9.6)After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.7)If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
21(9.8)If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
21(9.9)The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
21(10)The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)Repealed: 2018, c.18, s.3
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3; 2019, c.16, s.6; 2019, c.39, s.26; 2020, c.19, s.3
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1), (1.011), (1.11) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting 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, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.011)Despite subsection (1.1), an appeal under paragraph (1)(b) of a decision, order or ruling imposing or otherwise dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision, ruling or order.
21(1.11)If a request for review is made under section 19.11,
(a) the one-year period referred to in subsection (1.1) commences on the date the person who requested the review is provided written reasons for the decision;
(b) the seven-day period referred to in subsection (1.011) commences on the date the person who requested the review is provided written reasons for the decision.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)Subject to subsections (9.8) and (9.9), the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
21(9.1)Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
21(9.2)If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
21(9.3)As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
21(9.4)If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.5)If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
21(9.6)After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.7)If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
21(9.8)If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
21(9.9)The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
21(10)The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)Repealed: 2018, c.18, s.3
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3; 2019, c.16, s.6; 2019, c.39, s.26
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)Subject to subsections (9.8) and (9.9), the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
21(9.1)Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
21(9.2)If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
21(9.3)As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
21(9.4)If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.5)If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
21(9.6)After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
21(9.7)If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
21(9.8)If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
21(9.9)The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
21(10)The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)Repealed: 2018, c.18, s.3
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality, rural community or regional municipality that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)In an appeal, the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision based on the real merits and justice of the case, including whether a policy approved by the Commission is consistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act,
(b) apply a policy approved by the Commission that is applicable in the case, to the extent that the policy is not inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, and
(c) not be bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by a member of the Appeals Tribunal hearing the appeal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)If the Appeals Tribunal determines that a policy approved by the Commission is inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, the decision binds the Commission in respect of any matter before the Commission.
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)In an appeal, the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision based on the real merits and justice of the case, including whether a policy approved by the Commission is consistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act,
(b) apply a policy approved by the Commission that is applicable in the case, to the extent that the policy is not inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, and
(c) not be bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by a member of the Appeals Tribunal hearing the appeal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)If the Appeals Tribunal determines that a policy approved by the Commission is inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, the decision binds the Commission in respect of any matter before the Commission.
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)In an appeal, the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision based on the real merits and justice of the case, including whether a policy approved by the Commission is consistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act,
(b) apply a policy approved by the Commission that is applicable in the case, to the extent that the policy is not inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, and
(c) not be bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by a member of the Appeals Tribunal hearing the appeal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines, a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)If the Appeals Tribunal determines that a policy approved by the Commission is inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, the decision binds the Commission in respect of any matter before the Commission.
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(2.2)If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
21(4)An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
21(4.1)Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
21(4.2)The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
21(4.3)A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
21(4.4)The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
21(4.5)On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
21(4.6)Subsection (4.5) shall not be construed as requiring the Chairperson of the Appeals Tribunal to hold an oral hearing if a party to an appeal makes a request under subsection (4.3).
21(4.7)A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
21(5)Repealed: 2014, c.49, s.16
21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.
21(7)Repealed: 2014, c.49, s.16
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(8.1)The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act or the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act or the policies approved by the Commission.
21(8.2)In an appeal, the Appeals Tribunal may receive and accept information that it considers relevant, whether or not the information would be admissible in a court of law.
21(9)In an appeal, the Appeals Tribunal shall
(a) make its decision based on the real merits and justice of the case, including whether a policy approved by the Commission is consistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act,
(b) apply a policy approved by the Commission that is applicable in the case, to the extent that the policy is not inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, and
(c) not be bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by a member of the Appeals Tribunal hearing the appeal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
21(11)Repealed: 2014, c.49, s.16
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(12.1)Unless the Appeals Tribunal otherwise determines, a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
21(12.2)If the Appeals Tribunal determines that a policy approved by the Commission is inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, the decision binds the Commission in respect of any matter before the Commission.
21(13)If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
21(4)Appeals to the Appeals Tribunal shall be heard by a panel consisting of
(a) with the consent of all parties to the appeal and with the consent of the Chairperson of the Appeals Tribunal, the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal acting alone, or
(b) in the absence of the consent required under paragraph (a), the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal as the chairperson of a panel, and two other members of the Appeals Tribunal appointed by the Chairperson of the Appeals Tribunal equally representative of workers and employers.
21(5)A panel of the Appeals Tribunal constitutes a quorum of the Appeals Tribunal.
21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.
21(7)Two or more panels of the Appeals Tribunal may be constituted and may act simultaneously.
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(9)Any decision of the Appeals Tribunal shall be upon the real merits of the case, and the Appeals Tribunal is not bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by the Chairperson of the Appeals Tribunal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal.
21(11)Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Appeals Tribunal shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by the Commission.
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(13)Where the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Commission may file a copy of the order in the Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Commission in such manner as may be deemed by the Commission to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
21(4)Appeals to the Appeals Tribunal shall be heard by a panel consisting of
(a) with the consent of all parties to the appeal and with the consent of the Chairperson of the Appeals Tribunal, the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal acting alone, or
(b) in the absence of the consent required under paragraph (a), the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal as the chairperson of a panel, and two other members of the Appeals Tribunal appointed by the Chairperson of the Appeals Tribunal equally representative of workers and employers.
21(5)A panel of the Appeals Tribunal constitutes a quorum of the Appeals Tribunal.
21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.
21(7)Two or more panels of the Appeals Tribunal may be constituted and may act simultaneously.
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(9)Any decision of the Appeals Tribunal shall be upon the real merits of the case, and the Appeals Tribunal is not bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by the Chairperson of the Appeals Tribunal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal.
21(11)Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Appeals Tribunal shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by the Commission.
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(13)Where the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Commission may file a copy of the order in the Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Commission in such manner as may be deemed by the Commission to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62
Procedure before Appeals Tribunal
21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from
(a) any decision, order or ruling of any officer of the Commission under this Act,
(b) any decision, order or ruling of any officer of the Commission under the Workers’ Compensation Act affecting the rights of an employer, a worker or a dependent, and
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order.
21(1.1)An appeal under paragraph (1)(a) or (b) of any decision, order or ruling made on or after June 1, 2001, shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.
21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
21(4)Appeals to the Appeals Tribunal shall be heard by a panel consisting of
(a) with the consent of all parties to the appeal and with the consent of the Chairperson of the Appeals Tribunal, the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal acting alone, or
(b) in the absence of the consent required under paragraph (a), the Chairperson of the Appeals Tribunal or a Vice-Chairperson of the Appeals Tribunal as the chairperson of a panel, and two other members of the Appeals Tribunal appointed by the Chairperson of the Appeals Tribunal equally representative of workers and employers.
21(5)A panel of the Appeals Tribunal constitutes a quorum of the Appeals Tribunal.
21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.
21(7)Two or more panels of the Appeals Tribunal may be constituted and may act simultaneously.
21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
21(9)Any decision of the Appeals Tribunal shall be upon the real merits of the case, and the Appeals Tribunal is not bound to follow precedent.
21(10)The Appeals Tribunal shall issue a written decision, signed by the Chairperson of the Appeals Tribunal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal.
21(11)Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Appeals Tribunal shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by the Commission.
21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
21(13)Where the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Commission may file a copy of the order in the Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act or the Occupational Health and Safety Act shall be given by the Commission in such manner as may be deemed by the Commission to be adequate and proper.
1999, c.25, s.1; 2000, c.48, s.2