How do i contest a cnesst decision in health and safety?
Short answer
In Quebec, a CNESST decision in occupational health and safety matters can be the subject of an application for review within 30 days of being notified (s. 358 of the Act respecting industrial accidents and occupational diseases). The decision made after the review can then be contested before the Tribunal administratif du travail (TAT, Quebec's labour tribunal) within 60 days of being notified (s. 359).
In detail
The time limit to contest before the Tribunal went from 45 to 60 days as of April 6, 2023. Older texts that still mention 45 days should therefore be treated with caution.
Some decisions are contested directly before the Tribunal, without going through administrative review. The time limit is then 10 days for decisions about reassignment to other duties, the right of refusal, eligibility for preventive withdrawal, or an inspector's decision.
In some cases a person may be relieved from the consequences of missing a time limit where they show a reasonable ground explaining the delay. That has to be demonstrated, however, and nothing guarantees it will be accepted. This is why the date each decision is received deserves to be noted carefully.
What to document
Each decision you received with the date you were notified — not just the date it was issued — the envelope or the acknowledgement of receipt, your application for review and the date you sent it, the medical documents in the file, and your exchanges with the officer handling the file. The countdown starts from the notification: that is the date you need to be able to establish.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Act respecting industrial accidents and occupational diseases (CQLR, c. A-3.001) — Légis Québec
- Tribunal administratif du travail — Contesting a CNESST decision
- CNESST — Policy 6.02, Applications for review and contestations (PDF)
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.