Howard S. Swartz

During the hearing of a complaint under section 24 of the Occupational Health and Safety Act, the complainant sought to compel a Ministry of Labour inspector to testify about his investigation.

The Board ruled that the inspector was not a compellable witness pursuant to section 34(2) of the Act.

The Board found that the information sought fell within the scope of information acquired under the Act, and that protecting the inspector from testifying was necessary to preserve his neutrality and ability to freely obtain information in the workplace.

The complainant sought to compel an inspector appointed under the Occupational Health and Safety Act to testify regarding a report and statements made by supervisory personnel.

The Board ruled that the inspector was not a compellable witness pursuant to section 34(2) of the Act, as the hearing constituted a 'proceeding' and the evidence sought related to information obtained under the Act.

The Board also recorded the complainant's undertaking not to add the respondent company to a separate section 68 Labour Relations Act complaint.