PART IV — Administrative Monetary Penalties
A person or a department that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Head allows, make a request, in the manner prescribed by regulation, to the Head for a review of the penalty or the facts of the alleged violation, or both.
2017, c. 20, s. 377; 2018, c. 27, s. 615
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At any time before a request for review in respect of a notice of violation comes before the Head, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it.
2017, c. 20, s. 377; 2018, c. 27, s. 615
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On receipt of a request for review made under section 281, the Head shall conduct the review of the notice of violation.
Rules of procedure
(2)The Head may make rules governing the procedure with respect to reviews under this Part.
Request treated as an appeal
(3)The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Head shall so inform the applicant and refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of this Part.
2017, c. 20, s. 377; 2018, c. 27, s. 615
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The Head shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the applicant committed the violation, or both.
Correction of penalty
(2)If the Head determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Head shall correct the amount of the penalty.
Decision
(3)The Head shall make a decision in writing and serve the applicant with a copy of the decision, with reasons.
Copy given by employer
(4)If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Obligation to pay
(5)If the Head determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision.
Decision final
(6)Subject to the right of appeal under section 285, every decision made under this section is final and shall not be questioned or reviewed in any court.
2017, c. 20, s. 377; 2018, c. 27, s. 616
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