Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Jurisdiction of the Board
54(1)The Board has exclusive jurisdiction to exercise the powers conferred upon it under this Act and to determine all questions of fact or law that arise in any matter before it including any question as to whether
(a) a person is an employer or employee;
(b) an employer or other person is doing or has done anything contrary to this Act or the regulations, or has failed to do something required by this Act or the regulations;
(c) this Act applies to an employment contract, having regard to section 5; or
(d) the facts of any situation give rise to an exemption under this Act or the regulations.
54(2)A decision, determination, direction, declaration or ruling of the Board is final and conclusive and, except on the grounds of an excess of jurisdiction or a denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Board or any of its proceedings.
54(3)Where a decision of the Board is reviewed and set aside because of an excess of jurisdiction or a denial of natural justice, no costs shall be awarded against any party to the matter before the Board.
1984, c.42, s.29; 1986, c.32, s.6; 1994, c.52, s.1