Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Staff

13.1 The employees who are necessary for the proper conduct of the work of the Board are to be appointed in accordance with the Public Service Employment Act.

Marginal note:Panels

• 14. (1) Subject to subsection (3), a panel of not less than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board under this Part.

• Marginal note:Equal representation

  (2) Where a panel formed under subsection (1) is composed of one or more members representing employees, an equal number of members representing employers must also form part of the panel and vice versa.

• Marginal note:Exception — single member

  (3) The Chairperson or a Vice-Chairperson may alone determine a matter that comes before the Board under this Part with respect to

  • (a) an uncontested application or question;

  • (b) a question referred to in paragraph 16(p);

  • (c) a complaint made under subsection 97(1) in respect of an alleged contravention of section 37 or 69 or any of paragraphs 95(f) to (i);

  • (d) a request for an extension of time for instituting a proceeding;

  • (e) a preliminary proceeding; or

  • (f) any other matter, if the Chairperson determines that it is appropriate because of the possibility of prejudice to a party, such as undue delay, or if the parties consent to a determination by the Chairperson or a Vice-Chairperson.

• Marginal note:Where Chairperson or Vice-Chairperson determines alone

  (4) A Chairperson or Vice-Chairperson making a determination under subsection (3) is deemed to be a panel for the purposes of this Part.

• Marginal note:Powers, rights and privileges

  (5) A panel has all the powers, rights and privileges that are conferred on the Board by this Part with respect to any matter assigned to the panel under this Part.

• Marginal note:Chairperson of the panel

  (6) The Chairperson is the chairperson of any panel formed under subsection (1) or, where the Chairperson is not a member of the panel, he or she designates a Vice-Chairperson to be the chairperson of the panel.

Marginal note:Continuation of proceeding

14.1 In the event of the death or incapacity of a member of a panel formed under subsection 14(1) who represents either employees or employers, the chairperson of the panel may determine any matter that was before the panel and the chairperson’s decision is deemed to be the decision of the panel.