C-27 - Labour Code

Full text
49. (Repealed).
1969, c. 47, s. 26; 1969, c. 48, s. 22; 1977, c. 41, s. 30; 1983, c. 22, s. 25; 1986, c. 95, s. 79; 2001, c. 26, s. 37.
49. A labour commissioner may, ex officio or at the request of a party, reconsider or revoke any decision or order provided that, in cases where there may be an appeal, an appeal has not been brought to the Court from the decision or order or the Court has not yet disposed of the appeal. Notwithstanding the foregoing, no decision or order of a labour commissioner may be reconsidered and revised by reason of error of law.
A labour commissioner may also correct, in the same manner, at any time, any decision or order in which there is an error in writing or calculation or any other clerical error.
1969, c. 47, s. 26; 1969, c. 48, s. 22; 1977, c. 41, s. 30; 1983, c. 22, s. 25; 1986, c. 95, s. 79.
49. A labour commissioner may, ex officio or at the request of a party, reconsider or revoke any decision or order provided that, in cases where there may be an appeal, an appeal has not been brought to the Court from the decision or order or the Court has not yet disposed of the appeal.
A labour commissioner may also correct, in the same manner, at any time, any decision or order in which there is an error in writing or calculation or any other clerical error.
1969, c. 47, s. 26; 1969, c. 48, s. 22; 1977, c. 41, s. 30; 1983, c. 22, s. 25.
49. A labour commissioner may reconsider or cancel any decision or order provided that, in cases where there may be an appeal, an appeal has not been brought to the Court from the decision or order or the Court has not yet disposed of the appeal.
Any party may request such revision or cancellation in the following cases:
(1)  When the decision or order goes beyond the conclusions or when it has failed to rule on one of the essential grounds of the petition;
(2)  When the decision or order has been made upon documents whose falsity has only been discovered since;
(3)  When, since the decision or order, decisive documents have been discovered whose production has been prevented by a circumstance of irresistible force or because of the act of the adverse party;
(4)  When, since the decision or order, new evidence has been discovered and it appears that
(a)  if it had been brought forward in time, the decision or order would probably have been different;
(b)  it was known neither to the party nor to his attorney or agent; and
(c)  it could not, with all reasonable diligence, have been discovered in time.
However, a labour commissioner may correct exofficio any decision or order in which there is an error in writing or calculation or any other clerical error.
1969, c. 47, s. 26; 1969, c. 48, s. 22; 1977, c. 41, s. 30.
49. An investigation commissioner may reconsider or cancel for cause any decision or order made in certification matters provided that, in the case of a decision of an investigation commissioner, an appeal has not been brought to the Court from such decision or order and the Court has not yet disposed of such an appeal.
1969, c. 47, s. 26; 1969, c. 48, s. 22.