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NEWFOUNDLAND AND LABRADOR

REGULATION 68/23

Workplace Health, Safety and Compensation Review Board

Regulations

under the

Workplace Health, Safety and Compensation Act, 2022

(O.C. 2023-210)

(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. Johns, August 30, 2023.

Suzanne Hollett

Chief Review Commissioner of the Workplace Health,

Safety and Compensation Review Board

Krista Quinlan

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Reassignment of review

Information and evidence in review

Information not provided

Witness

Order by review commissioner

Repeal

Short title

These regulations may be cited as the Workplace Health, Safety and Compensation Review Board Regulations

68/23 s1

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Definition

In these regulations, "Act" means the Workplace Health, Safety and Compensation Act, 2022

68/23 s2

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Reassignment of review

The chief review commissioner may reassign a review from one review commissioner to another review commissioner before evidence is taken on a review.

68/23 s3

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Information and evidence in review

(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.

68/23 s4

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Information not provided

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.

68/23 s5

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Witness

(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 i n 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.

68/23 s6

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Order by review commissioner

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.

68/23 s7

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Repeal

The Workplace Health, Safety and Compensation Review Division Regulations

, Consolidated Newfoundland and Labrador Regulation 1117/96, are repealed.

68/23 s8

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