C-27 - Labour Code

Section 130 Disposition versions

2016-01-01

130. (Repealed).

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55; 1983, c. 22, s. 91; 1994, c. 6, s. 31; 2001, c. 26, s. 63; 2015, c. 15, s. 138.

2002-11-25

130. Applications or complaints made to the Commission as well as any proceedings are introduced by filing a copy at one of the offices of the Commission.

Subject to the second paragraph of section 27.1, for the purposes of the first paragraph, applications, complaints, motions or proceedings are deemed to have been filed on the day they were mailed by registered or certified mail or on the day they were received if they were filed under any other mode of transmission determined by regulation of the Commission.

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55; 1983, c. 22, s. 91; 1994, c. 6, s. 31; 2001, c. 26, s. 63.

1994-05-19

130. The appeal is brought by means of a written declaration, served upon the other interested parties and filed in the office of the Court within 10 days of the mailing, by registered or certified mail, of the decision of the labour commissioner, or of its service by a certification agent or another person. The appellant must also serve such declaration upon the labour commissioner general. The latter must send the record of the investigation to the Court forthwith and, upon request, a copy to each party. The labour commissioner general shall send exclusively to the Court any exhibit or document which identifies the membership of an employee in an association and any list of members of the associations concerned which he has in his possession.

The declaration of appeal must identify the decision appealed from, contain an account of the grounds invoked in support of the appeal and, where applicable, indicate the surname and given name of the representative of the appellant.

An appeal regularly brought suspends the execution of the decision appealed from unless the Court, upon a motion by an interested party, orders the provisional execution of the decision in cases of exceptional urgency.

However, the order of reinstatement rendered under section 15 is executory notwithstanding the appeal.

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55; 1983, c. 22, s. 91; 1994, c. 6, s. 31.

1983-09-01

130. The party wishing to appeal from a decision of a labour commissioner must apply for leave therefor from a judge designated to preside over the hearings of the Court, by motion served upon the other interested parties and filed in the office of the Court within ten days of the mailing, by registered or certified mail, of the decision of the labour commissioner, or of its service by a certification agent or another person. The appellant must also serve such motion upon the labour commissioner general. The latter must send the record of the investigation to the Court forthwith and, upon request, a copy to each party. The labour commissioner general shall send exclusively to the Court any exhibit or document which identifies the membership of an employee in an association and any list of members of the associations concerned which he has in his possession.

Such motion shall set out the reasons for which the appeal is applied for and shall be accompanied by a notice of the place, hour and date of its presentation, which shall not be later than the third day following the ten days’ delay specified in the first paragraph.

The judge shall render his decision upon such motion within the ensuing five days.

If the judge who has heard the motion becomes suddenly unable, by reason of an unforeseen occurrence, to render his decision within the prescribed delay of five days, the chief judge or, if he is unable to act, the judge appointed to replace him, shall designate another judge forthwith to hear immediately and to decide the motion within the same delay.

The decision of the judge to grant leave to appeal shall suspend the execution of the decision appealed from, unless the judge orders the provisional execution thereof in cases of exceptional urgency.

However, the order of reinstatement rendered under section 15 is executory notwithstanding the appeal.

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55; 1983, c. 22, s. 91.

1978-02-01

130. The party wishing to appeal from a decision of a labour commissioner must apply for leave therefor from a judge designated to preside over the hearings of the Court, by motion served upon the other interested parties and filed in the office of the Court within ten days of the mailing, by registered or certified mail, of the decision of the labour commissioner, or of its service by a certification agent or another person. The appellant must also serve such motion upon the labour commissioner general. The latter must send the record of the investigation to the Court forthwith and, upon request, a copy to each party. The labour commissioner general shall send exclusively to the Court any exhibit or document which identifies the membership of an employee in an association and any list of members of the associations concerned which he has in his possession.

Such motion shall set out the reasons for which the appeal is applied for and shall be accompanied by a notice of the place, hour and date of its presentation, which shall not be later than the third day following the ten days’ delay specified in the first paragraph.

The judge shall render his decision upon such motion within the ensuing five days.

If the judge who has heard the motion becomes suddenly unable, by reason of an unforeseen occurrence, to render his decision within the prescribed delay of five days, the chief judge or, if he is unable to act, the judge appointed to replace him, shall designate another judge forthwith to hear immediately and to decide the motion within the same delay.

The decision of the judge to grant leave to appeal shall suspend the execution of the decision appealed from, unless the judge orders the provisional execution thereof in cases of exceptional urgency.

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55.

1977-12-31

130. The party wishing to appeal from a decision of an investigation commissioner must apply for leave therefor from a judge designated to preside over the hearings of the court, by motion served upon the other interested parties and filed in the office of the court within ten days after the decision of the investigation commissioner. The appellant must also serve such motion upon the investigation commissioner who shall send forthwith to the Court the record of the investigation and every list of the members of the associations concerned which he has in his possession and to each of the parties a copy of the record of the investigation.

Such motion shall set out the reasons for which the appeal is applied for and shall be accompanied by a notice of the place, hour and date of its presentation, which shall not be later than the third day following the ten days’ delay specified in the first paragraph.

The judge shall render his decision upon such motion within the ensuing five days.

If the judge who has heard the motion becomes suddenly unable, by reason of an unforeseen occurrence, to render his decision within the prescribed delay of five days, the chief judge or, if he is unable to act, the judge appointed to replace him, shall designate another judge forthwith to hear immediately and to decide the motion within the same delay.

The decision of the judge to grant leave to appeal shall suspend the execution of the decision appealed from, unless the judge orders the provisional execution thereof in cases of exceptional urgency.

R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33.