NOVA SCOTIA COURT OF APPEAL
Citation: Canadian Union of Public Employees, Local 2434
v. Port Hawkesbury (Town), 2011 NSCA 28
Docket: CA 335584
Registry: Halifax
Between:
Canadian Union of Public Employees, Local 2434
on behalf of Stephen Reynolds
Appellant
v.
Town of Port Hawkesbury
Respondent
and
Mr. Jim LeBlanc, Occupational Health and Safety Division,
Department of Labour and Workforce Development
Respondent
and
Occupational Health and Safety Appeal Panel of Nova Scotia
Respondent
and
Attorney General of Nova Scotia
Respondent
Judge: The Honourable Justice Joel Fichaud
Appeal Heard: February 1, 2011
Subject: Occupational Health and Safety - Judicial Review
Summary: The Occupational Health and Safety Panel terminated an OHS Officer’s investigation because a labour arbitrator had “seized jurisdiction” under s. 46(1)(d)(ii) of the Occupational Health and Safety Act, S.N.S. 1996, c. 7 (OHS Act). The arbitrator had ruled that the grievance was not arbitrable. The Union applied to the Court of Appeal for review.
Issues: Did the panel commit a reviewable error?
Result: The matter was jurisdictional and subject to review for correctness. The arbitrator’s ruling that the matter was inarbitrable was not a seizure of jurisdiction under s. 46(1)(d)(ii) of the OHS Act. The Court of Appeal set aside the Panel’s decision and reinstated the OHS Officer’s decision to proceed with the OHS investigation.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 27 pages. |