Appeals to the Utility and Review Board
The Apprenticeship and Trades Qualifications Act allows the Chief Executive Officer or the Director of the Nova Scotia Apprenticeship Agency to:
- Issue compliance orders and require that they be carried out within a certain period of time; and
- levy administrative penalties of up to $5,000 where they are of the opinion that a person has failed to comply with a compliance order.
Both compliance orders and administrative penalties can be appealed to the Nova Scotia Utility and Review Board.
Appeals of compliance orders must be filed with the Board within 14 days of being issued. As an interim measure, the Board may direct that the effect of the compliance order be stopped, or it may direct that the compliance order remain in force and be complied with until the appeal is heard. The Board has the power to:
- confirm, vary or revoke the compliance order
- allow additional time for compliance
- make any order that the Director or other authorized person could have made, or
- give additional direction and refer the matter back to the Director for further consideration and to report the results to the Board
Appeals of administrative penalties must be filed with the Board within 14 days after the person is served with the notice of penalty. Payment of the penalty is stayed until the Board decides the appeal. The Board has the power to:
- confirm, vary or revoke the penalty
- allow additional time to comply with the original order
- make any order that the Chief Executive Officer or Director issuing the penalty could have made
Decisions of the Board on compliance orders and penalties are final and binding.
How to Make an Appeal (General Regulations) Apprenticeship and Trades Qualification Act (ATQA)