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StatuteCanada Labour Code

Section 287 — Canada Labour Code: Object of appeal

Text of the provision Official document

In an appeal under this Part, the Board 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 appellant committed the violation, or both. If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty. The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons. 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). If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision. Every decision made under this section is final and shall not be questioned or reviewed in any court. No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.