Manitoba Labour Board (The Workplace Safety and Health Act) Rules of Procedure

Manitoba Labour Board (The Workplace Safety and Health Act) Rules of Procedure, M.R. 387/88 R The Labour Relations Act , C.C.S.M. c. L10 Regulation 387/88 R Registered September 29, 1988 bilingual version (HTML) Table of Contents Section 1 Definition 2 General procedures 3 Time provisions 4 Holding of hearings 5 Right to be heard 6 Board decisions on procedure 7 Appeal from a stop work order 8 Appeal from director's decision on improvement order 9 Application for remedy for discriminatory action 10 Service of documents by registrar 11 Replies and submissions 12 Notice of hearing 13-14 Service of documents 15 Repeal Schedule – Forms 1 to 4 Definitions 1 In this regulation, "Act" means The Workplace Safety and Health Act ; («  Loi  ») "board" means the Manitoba Labour Board continued under section 138 of The Labour Relations Act and includes any panel of the board; (« Commission ») "board officer" means a person appointed pursuant to The Labour Administration Act , and assigned to the administrative staff of the board; (« dirigeant de la Commission ») "chairperson" means the person appointed as chairperson of the board; (« président ») "discriminatory action" means a discriminatory action as defined in the Act; (« mesure discriminatoire ») "director" means the person appointed as director of the workplace safety and health division under the Act; (« directeur ») "division" means the workplace safety and health division established under the Act; (« Division ») "improvement order" means an improvement order made by a safety and health officer pursuant to section 26 of the Act; (« ordre d'amélioration ») "member" means a person appointed as a member of the board; (« membre ») "registrar" means the person appointed as registrar pursuant to The Labour Administration Act and assigned to the administrative staff of the Board and includes a board officer; (« registraire ») "safety and health officer" means a person designated as such under the Act; (« agent de sécurité et d'hygiène ») "stop work order" means a stop work order made by a safety and health officer pursuant to section 36 of the Act; (« ordre d'arrêt de travail ») "vice-chairperson" means a person appointed as a vice-chairperson of the board. (« vice-président ») M.R. 115/2025 General procedures 2(1) Every proceeding before the board shall be commenced on the appropriate form as designated in this regulation. 2(2) Any application, complaint, appeal, or reply may be amended or withdrawn at any time by leave of the board which may impose terms on the amendment or withdrawal. 2(3) A proceeding shall not be defeated by reason of any defect in form or technical irregularity, and all necessary amendments to correct any such defect in form or technical irregularity shall be made upon such terms as the board may direct. Time provisions 3(1) Subject to the approval of the board, any time prescribed by this regulation may be enlarged with the written consent of the affected parties, and such consent shall be filed with the board. 3(2) The chairperson, the vice-chairperson or the board may enlarge the time prescribed by this regulation for doing any act, filing any document or taking proceedings but such enlargement may be reviewed and varied by the board. 3(3) Where a period of time is prescribed by this regulation and expressed as a number of days, the period shall be computed exclusive of holidays and non-working days during which the office of the board is not open to accept documents that may be or are required to be filed. Holding of hearings 4(1) The board shall hold such hearings as are required under the Act and may hold such other hearings as the board considers advisable in the circumstances. 4(2) Subject to the Act, in any proceeding before the board, the board shall afford an opportunity to all interested parties to (a) present oral evidence or make oral representations; (b) make written submissions; or (c) do both of the things mentioned in clauses (a) and (b); on the matters at issue, as the board considers advisable in the circumstances. 4(3) Subject to the Act, where the board holds a hearing, it may hold such a hearing by providing the parties with an opportunity to present their evidence in writing and make their representations in writing. 4(4) Subject to the Act, in any proceeding before the board relating to an application, complaint, request or referral, the board may dispose of the application, complaint, request or referral without holding a hearing. 4(5) The board may receive and accept such evidence and information on oath, affidavit or otherwise as in its discretion the board sees fit, whether admissible in evidence in a court of law or not. Right to be heard 5(1) Where any person served with a notice fails to file a reply or attend a hearing pursuant to that notice or to this regulation, that person shall not be entitled to any further notice of or participation in the proceedings, but the board may nevertheless in its discretion receive submissions and hear representations and evidence from that person and may impose terms in relation thereto. 5(2) Where, in any proceeding or hearing, it appears that any person to whom notice should have been given has not been notified, the board may adjourn the proceeding or hearing so that notice may be given to that person. 5(3) Except by consent of the board, evidence and argument before the board shall be limited to the matters specifically raised in the application or appeal. 5(4) Where the board consents to the enlargement of a hearing for the purpose of hearing additional matters, the board (a) may impose terms and may direct that the other persons or parties thereby affected have an opportunity to contest the hearing of such matters; and (b) may fix a new date for the hearing of evidence or argument, or both, upon such additional matters. 5(5) Before a witness commences to give evidence, any party to the proceedings may require that the witness be sworn. 5(6) The board, chairperson or vice-chairperson may postpone or adjourn the hearing of any matter for such time and to such place and upon such terms as the board, chairperson or vice-chairperson considers advisable in the circumstances. Board decisions on procedure 6(1) Where in the course of any proceeding before the board it becomes expedient for the board to make a decision relating to procedure, the registrar may ascertain the opinion of members of the board by telephone, telegraph or mail and the opinion of a majority of the members of the board as ascertained in that manner shall be a valid decision of the board upon the matter. 6(2) Where all relevant material has been filed and submissions made upon an application, the chairperson or vice-chairperson may direct the registrar to ascertain from members of the board by telephone, telegraph or mail whether all members are prepared to make a decision; and, if all members of the board are so prepared, they may record their decision with the registrar and in such case the decision of a majority of the members of the board shall be a valid decision of the board. 6(3) Where any question arises in a proceeding before the board as to whether a person or party is an affected party, the board shall decide the question and its decision shall be final and conclusive. Appeal from a stop work order 7(1) An appeal from a stop work order shall be made on Form 1 of the Schedule. 7(2) In addition to the information on Form 1 of the Schedule, the appellant shall file with the board a copy of the stop work order being appealed. Appeal from director's decision on improvement order 8(1) An appeal from a decision of the director regarding an improvement order shall be made on Form 2 of the Schedule. 8(2) In addition to the information on Form 2 of the Schedule, the appellant shall file with the board a copy of the improvement order which was appealed to the director, along with the decision of the director and reasons. Application for remedy for discriminatory action 9(1) An application for a determination as to whether discriminatory action was taken contrary to section 42 or 43 of the Act, shall be made on Form 3 of the Schedule. 9(2) Upon receipt of an application under subsection (1), the registrar shall serve a copy of the application, along with any supporting material filed, upon the respondent and any other affected person. Service of documents by registrar 10(1) Upon the filing of a document referred to in section 7, 8 or 9, the registrar shall serve a copy of the appeal or application and supporting material upon (a) the director; (b) the employer; and (c) any other person or party named in the proceeding as being affected or who, in the opinion of the registrar may be affected, including any bargaining agent which represents employees affected by the proceeding. 10(2) Service upon employees affected by a proceeding referred to in section 7, 8 or 9 may be effected by (a) posting notices on any premises where the affected employees may have access to those notices; (b) publishing notices in one or more newspapers in circulation in the area where the order is in effect or where the action was taken; or (c) both (a) and (b); as the registrar considers appropriate in the circumstances. 10(3) The registrar may enter upon any premises for the purpose of effecting the posting of notices under subsection (2). 10(4) The registrar may supply to an employer one or more copies of a notice to be posted under subsection (2) and the employer shall, immediately upon receipt thereof, (a) post the notices in conspicuous places where they are most likely to come to the attention of all the affected employees; and (b) report in writing to the registrar the date and time at which the postings required by clause (a) were made. 10(5) The employer shall be responsible for seeing that notices posted on his or her premises are not moved, removed, mutilated, covered up or destroyed and shall promptly report to the registrar any interference with such notices. Replies and submissions 11(1) Any person claiming to be affected by an order or action referred to in section 7, 8 or 9, who wishes to participate in the proceeding before the board, shall within seven days (a) of receipt of a notice under subsection 10(1) or 10(2); or (b) from the date of publication of a notice in a newspaper under subsection 10(2); file a written statement with the board which outlines how the person is affected by the proceeding and the position of the person in relation to the proceeding. 11(2) The director shall within seven days of receiving the notice under subsection 10(1), file with the board a written reply which sets out the position of the director in relation to the proceeding. 11(3) Upon receipt of the replies or submissions under subsection (1) or (2), the registrar shall serve copies of those replies or submissions on the other persons or parties affected. Notice of hearing 12(1) Where required the registrar shall issue and serve a notice of hearing on Form 4 of the Schedule, and serve this notice on all persons affected by the hearing not less than 5 days prior to the hearing. 12(2) If a large number of employees are affected or if the registrar considers it more expedient, service under subsection (1) may be effected by posting or publishing the notice in the manner set out in subsections 10(2), (3), (4) and (5). Service of documents 13 Where the name and address of a solicitor or agent for any person are endorsed on a document filed with the board, service upon the solicitor or agent shall constitute service upon that person. 14 For the purposes of this regulation, service of a document may be effected by posting the document by registered mail or certified mail with an acknowledgement of receipt card attached, and the returned acknowledgement of receipt card bearing the signature of the recipient shall be deemed to be service on the person to whom the notice was posted. Repeal 15 Manitoba Regulation 134/78 is repealed. SCHEDULE Forms Form 1 Appeal from a Stop Work Order Form 2 Appeal from a Decision of Director Form 3 Application for Remedy for Discriminatory Action Form 4 Notice of Hearing