Marginal note:Retroactive application

• 5. (1) Subject to subsection (2), the Governor in Council may, in any order made under section 3 or 4, declare

  • (a) that the designation of the industry in the order is retroactive in effect and applies as of such day, before the date of the order, as is specified in the order; and

  • (b) that this Act applies in respect of lay-offs from a Canadian establishment in the industry designated in the order occurring on or after the day specified pursuant to paragraph (a).

• Marginal note:Limitation

  (2) The Governor in Council may not specify pursuant to paragraph (1)(a) a day that is earlier than May 1, 1978.

Marginal note:Board established

• 6. (1) There is hereby established a board, to be known as the Labour Adjustment Review Board, consisting of not more than five members.

• Marginal note:Appointment and tenure of members

  (2) Each member of the Board shall be appointed by the Minister to hold office during pleasure.

• Marginal note:Representatives

  (3) One member of the Board shall be appointed after consultation with such organizations representative of employees as the Minister deems appropriate and shall be a representative of employees and another member of the Board shall be appointed after consultation with such organizations representative of employers as the Minister deems appropriate and shall be a representative of employers.

• Marginal note:Temporary substitute members

  (4) If any member of the Board is absent or unable to act, the Minister may appoint a person to act as a member for the time being, but no person so appointed has authority to act as a member for a period exceeding ninety days without the approval of the Minister.

• Marginal note:Idem

  (5) A member appointed pursuant to subsection (4) holds office during pleasure and may exercise all the powers and carry out all the duties and functions of a member of the Board.

• Marginal note:Remuneration and expenses

  (6) The members of the Board who are not employed in the federal public administration are entitled to be paid for their services in connection with the work of the Board such remuneration and expenses as are authorized by the Governor in Council.

Marginal note:Chairman and Vice-Chairman

• 7. (1) The Minister shall designate one member of the Board to be Chairman of the Board and another member to be Vice-Chairman of the Board.

• Marginal note:Absence or incapacity of Chairman

  (2) If the Chairman of the Board is absent or unable to act or if that office is vacant, the Vice-Chairman of the Board may exercise all the powers and carry out all the duties and functions of the Chairman.

• Marginal note:Chief executive officer

  (3) The Chairman of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board.