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Newfoundland and Labrador NEWFOUNDLAND Workplace
Health, Safety and Compensation Review Board (Filed August 31, 2023) Under the authority of section 151 of the Workplace Health, Safety and Compensation Act, 2022, the Workplace Health, Safety and Compensation Review Board, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, August 30, 2023. Suzanne Hollett Krista Quinlan REGULATIONS Analysis 1. Short title 2. Definition 3. Reassignment of review 4. Information and evidence in review 5. Information not provided 6. Witness 7. Order by review commissioner 8. Repeal Short title 1. These regulations may be cited as the Workplace Health, Safety and Compensation Review Board Regulations. Definition 2. In these regulations, "Act" means the Workplace Health, Safety and Compensation Act, 2022. Reassignment of review 3. The chief review commissioner may reassign a review from
one review commissioner to another review commissioner before evidence is taken
on a review. Information and evidence in review 4. (1) The review
commissioner may order production of all information that was before the
commission in making its decision. (2) Where the commission receives evidence subsequent to the
rendering of a decision and the commission advises the review commissioner that
it has considered the evidence for which a review has been requested before a
decision is made by the review commissioner and it does not alter its decision,
the review commissioner may accept that new evidence as part of the decision
being reviewed. Information not provided 5. Where a review commissioner
orders a party or the commission to provide certain information by a particular
date and that information is not provided by that date, the review commissioner
may, in the review commissioner's discretion, proceed to make the decision
without that information. Witness 6. (1) Where a party wishes
to call a person as a witness at a review, the party may serve the person with
a subpoena in the form provided by the review board requiring the person to
attend at a time and place stated in it and, where required, to produce certain
documents at the review. (2) A subpoena referred
to in this section shall be (a) issued by the review
board; and (b) served in accordance
with the Rules of the Supreme Court, 1986.
(3) A copy of the subpoena with proof of service shall be filed with the review board. Order by review commissioner 7. Where, after
examining both a request for review and the decision of the commission, the
review commissioner determines that the commission failed to decide a question that
the Act required the commission to decide, the review commissioner may issue an
order returning the matter to the commission for a decision. Repeal 8. The Workplace Health, Safety and Compensation
Review Division Regulations, Consolidated Newfoundland and Labrador Regulation
1117/96, are repealed. ©King's Printer |