Canada Labour Code

Marginal note:Board decision

• 251.12 (1) The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to

  • (a) confirm, rescind or vary, in whole or in part, the decision being appealed;

  • (b) direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;

  • (c) award costs in the proceedings; and

  • (d) order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.

• Marginal note:Copies of decision to be sent

  (2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Head.

• Marginal note:Order final

  (3) The order of the Board is final and shall not be questioned or reviewed in any court.

• Marginal note:No review by certiorari, etc.

  (4) 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.

• Marginal note:Wages

  (5) An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

• Marginal note:Debt to Her Majesty

  (6) The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.