WHO MAY APPEAL SAFETY ORDERS

Here’s what the OHS law in your province or territory says about who may appeal orders from safety officials:

FEDERAL: An employer, worker or trade union that feels aggrieved by a health and safety officer’s direction [Canada Labour Code, Sec. 146(1)].

ALBERTA: A person to whom an order is issued or whose licence has been cancelled or suspended [OHS Act, Sec. 16(1)].

BRITISH COLUMBIA: A worker, employer, owner, supplier, union or member of a deceased worker’s family directly affected by a decision or order [Workers’ Compensation Act, Sec. 96.3(3)].

MANITOBA: A person directly affected by a safety and health officer’s decision or order [Workplace Safety and Health Act, Sec. 37(1)].

NEW BRUNSWICK: An owner, employer, contracting employer, contractor, sub-contractor, worker or supplier named in an order [OHS Act, Sec. 37(1)].

NEWFOUNDLAND/LABRADOR: OHS Act doesn’t specify who may appeal orders.

NORTHWEST TERRITORIES/NUNAVUT: Any person who’s aggrieved by a safety officer’s direction or decision [Safety Act, 16(1)].

NOVA SCOTIA: An aggrieved person may appeal an officer’s decision or order [OHS Act, Sec. 67(1)]. “Aggrieved person” is defined as an employer, constructor, contractor, worker, self-employed person, owner, supplier, architect, engineer or union who’s directly affected by an order or decision [Sec. 3(a)].

ONTARIO: An employer, constructor, licensee, owner, worker or trade union which considers himself, herself or itself aggrieved by an inspector’s order [OHS Act, Sec. 61(1)].

PRINCE EDWARD ISLAND: Any owner, constructor, contractor, employer, supervisor or person in charge of the workplace or worker affected by an officer’s order [OHS Act, Sec. 10(1)].

QUÉBEC: Any person who believes he has been wronged by an inspector’s order or decision [An Act respecting occupational health and safety, Sec. 191.1].

SASKATCHEWAN: A person who’s directly affected by an occupational health officer’s decision [OHS Act, Sec. 49(1)].

YUKON: Any person aggrieved or any trade union representing a worker aggrieved by a decision or order [OHS Act, Sec. 26(1)].