168. No person may act as a member of the public interest commission in respect of a matter referred to conciliation if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to conciliation.
Marginal note:Notification of establishment
169. (1) The Chairperson must, without delay, notify the parties of the establishment of the public interest commission and of the name or names of its member or members, as the case may be.
Marginal note:Effect of notification
(2) The notification constitutes conclusive proof that the public interest commission has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the commission or to review, prohibit or restrain any of its proceedings.
Marginal note:Death, incapacity or resignation of single member
170. (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning.
Marginal note:Vacancy — commission with three members
(2) If a vacancy occurs in the membership of a public interest commission that consists of three members before the commission makes a report to the Chairperson, the vacancy must be filled by the Minister, on the recommendation of the Chairperson, by appointment in the manner provided for in section 167 for the selection of the person in respect of whom the vacancy arose.
Marginal note:Delivery of notice
171. After a public interest commission is established, the Chairperson must, without delay, deliver to it a copy of the notice given under subsection 161(1), if one was given.
Powers and Functions
Marginal note:Assistance to parties
172. As soon as possible after being established, the public interest commission must endeavour to assist the parties to the dispute in entering into or revising a collective agreement.
173. (1) Except as otherwise provided in this Part, the public interest commission may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations.
Marginal note:Quorum and absence of members
(2) The chairperson of the public interest commission and one other member constitute a quorum in the case of a commission consisting of three members but, in the absence of a member at any proceedings of the commission, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings.
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