Acts and Regulations

2012, c.19 - Apprenticeship and Occupational Certification Act

Full text
Appeal to Board
30(1)For the purposes of an appeal under this section, the Director shall not sit as a member of the Board nor serve as secretary of the Board.
30(2)An appeal lies to the Board with respect to the following decisions of the Director:
(a) accepting or refusing to register an apprentice;
(b) accepting or refusing to register an apprenticeship agreement;
(c) cancelling an apprenticeship agreement under section 25; and
(d) suspending or cancelling an occupational certificate under subsection 27(2).
30(3)A person affected by a decision referred to in subsection (2) may appeal by serving a written notice on the chair not more than 30 days after the person has received notice of the decision.
30(4)A notice of appeal shall contain a statement of the matter being appealed and the name and address of the person making the appeal.
30(5)The Board may extend the time for serving a notice of appeal, before or after the expiry of the time limit in subsection (3).
30(6)The chair shall inform the Director of a notice of appeal as soon as practicable after receiving the notice, and the Director shall provide the Board with all the documents in his or her possession with respect to the decision being appealed.
30(7)As soon as practicable after receiving a notice of the appeal, the chair shall serve written notice of the time and place set for hearing the appeal on the person making the appeal and on the Director.
30(8)At a hearing of an appeal before the Board, the person making the appeal and the Director have the right to attend, make representations and adduce evidence respecting the appeal, either personally or through counsel.
30(9)With the consent of the parties to the appeal, the Board may adjourn the hearing for a period of time it considers appropriate.
30(10)In respect of an appeal, the Board has all the powers and privileges that commissioners have under the Inquiries Act.
30(11)After hearing an appeal, the Board may allow the appeal or confirm or vary the decision of the Director.
30(12)The Board shall render a decision within 30 days after a hearing unless the parties agree to an extension.
Appeal to Board
30(1)For the purposes of an appeal under this section, the Director shall not sit as a member of the Board nor serve as secretary of the Board.
30(2)An appeal lies to the Board with respect to the following decisions of the Director:
(a) accepting or refusing to register an apprentice;
(b) accepting or refusing to register an apprenticeship agreement;
(c) cancelling an apprenticeship agreement under section 25; and
(d) suspending or cancelling an occupational certificate under subsection 27(2).
30(3)A person affected by a decision referred to in subsection (2) may appeal by serving a written notice on the chair not more than 30 days after the person has received notice of the decision.
30(4)A notice of appeal shall contain a statement of the matter being appealed and the name and address of the person making the appeal.
30(5)The Board may extend the time for serving a notice of appeal, before or after the expiry of the time limit in subsection (3).
30(6)The chair shall inform the Director of a notice of appeal as soon as practicable after receiving the notice, and the Director shall provide the Board with all the documents in his or her possession with respect to the decision being appealed.
30(7)As soon as practicable after receiving a notice of the appeal, the chair shall serve written notice of the time and place set for hearing the appeal on the person making the appeal and on the Director.
30(8)At a hearing of an appeal before the Board, the person making the appeal and the Director have the right to attend, make representations and adduce evidence respecting the appeal, either personally or through counsel.
30(9)With the consent of the parties to the appeal, the Board may adjourn the hearing for a period of time it considers appropriate.
30(10)In respect of an appeal, the Board has all the powers and privileges that commissioners have under the Inquiries Act.
30(11)After hearing an appeal, the Board may allow the appeal or confirm or vary the decision of the Director.
30(12)The Board shall render a decision within 30 days after a hearing unless the parties agree to an extension.