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Tribunal - General

The Pre-hearing Process

The Hearing

Post-hearing

Technical Guidelines

Tribunal Services

Hearing Assignments

Legislation

The Tribunal Chair assigns hearings to Vice-Chairs to decide matters under the Act (Workplace Safety and Insurance Act, section 174 (2)). Vice-Chairs decide most cases.

If the Tribunal Chair considers it appropriate in the circumstances, the Chair may assign a Panel to hear a matter. The Panel shall consist of a Vice-Chair, a Member representing workers and a Member representing employers. (Section 174(3) of the Act)

The Tribunal Chair may also hear cases, either sitting alone or as the Chair of a Panel.

Panel Assignments

In deciding whether to assign a Panel, the Tribunal Chair gives particular consideration to whether the case involves:

Requests for Panel Assignments

If an appellant wants to ask for a Panel to hear his or her appeal or application, s/he should make a written request at least eight weeks prior to the hearing date. The request must contain reasons and should consider the factors in Practice Direction: Hearing Assignments, section 3.1.

The appellant must send the request to the Appeals Administrator and send a copy of the request to all parties participating in the hearing.

The Tribunal Chair will review the request and make a decision. The Appeals Administrator will advise the parties in writing of the Tribunal Chair’s decision.

If an appellant has not requested that a Panel hear his or her appeal or application, s/he may learn whether a Panel or Vice-Chair has been assigned by contacting the Tribunal within four weeks of the scheduled hearing. The Tribunal will not disclose the identity of the Panel or Vice-Chair before the hearing unless the Panel or Vice-Chair has made a pre-hearing ruling.

Occasionally unforeseen circumstances may prevent a Member from appearing at a hearing. After considering the parties’ views, the Tribunal Chair may authorize the Vice Chair to proceed to hear the matter alone.

A request for a Panel should not be made at the hearing. The Act does not give a Vice-Chair the authority to grant such a request.

Related Documents:

Practice Direction: Hearing Assignments
Other: Workplace Safety and Insurance Act, section 174(3), 174(2)

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