Canada Industrial Relations Board Regulations, 2012 (SOR/2001-520)

Regulations are current to 2016-05-12 and last amended on 2014-11-01. Previous Versions

Responses and Replies

  •  (1) Any person who makes a response or reply must include the following information in the response or reply:

    • (a) the name, postal and email addresses and telephone and fax numbers of the respondent and of their legal counsel or representative, if applicable;

    • (b) the Board’s file number for the relevant application;

    • (c) full particulars of the facts, relevant dates and grounds for the response or reply;

    • (d) a copy of supporting documents for the response or reply;

    • (e) the person’s position relating to the order or decision sought by the applicant or respondent, as the case may be;

    • (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

    • (g) a description of the order or decision sought.

  • (2) A response must be filed

    • (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and

    • (b) in the case of any other application, within 15 days of the receipt of notice of the application.

  • (3) A reply must be filed within 10 days of the filing of the response.

  • (4) A request for an extension of time to file a response or reply must be made in writing to the Board and set out the grounds for the request.

  • SOR/2011-109, s. 5;
  • SOR/2012-305, ss. 5, 26.

Request to Intervene

  •  (1) Any person who wishes to apply for intervenor status must make a request to intervene in writing that includes

    • (a) the name, postal and email addresses and telephone and fax numbers of the person and of their legal counsel or representative;

    • (b) a description of the person’s interest in the matter including, an explanation of any prejudice that the person would suffer if the intervention were denied and an explanation as to whether their interest is different from that of any other party; and

    • (c) an indication as to how the intervention will assist the Board in furthering the objectives of the Code.

  • (2) A request to intervene must be filed

    • (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and

    • (b) in the case of any other application, within 15 days of the receipt of notice of the application.

  • (3) A response to a request to intervene must be filed within 10 days of the receipt of the request.

  • (4) A reply must be filed within 5 days of the filing of the response.

  • (5) If the request to intervene is granted, the intervenor must file with the Board written submissions on the merits of the case within 10 days of the receipt of notice that the request to intervene has been granted, including

    • (a) the Board’s file number for the relevant application;

    • (b) full particulars of the facts, relevant dates and grounds for the submissions;

    • (c) a copy of supporting documents for the submissions;

    • (d) the intervenor’s position relating to any order or decision sought;

    • (e) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

    • (f) a description of the order or decision sought.

  • (6) A response to the intervenor’s submissions on the merits of the case must be filed within 10 days of the filing of the submissions.

  • (7) [Repealed, SOR/2014-243, s. 3]

  • (8) A request for any extension of time for filing a document under this section must be made in writing to the Board and set out the grounds for the requested extension.

  • SOR/2011-109, s. 5;
  • SOR/2012-305, s. 6;
  • SOR/2014-243, s. 3.

Time for Responding or Replying

 [Repealed, SOR/2012-305, s. 7]

 [Repealed, SOR/2012-305, s. 7]

Expedited Process

 An expedited process applies to the following matters:

  • (a) applications for interim orders made under section 19.1 of the Code;

  • (b) applications to file a decision or order of the Board in the Federal Court or in the superior court of a province, made under sections 23 and 23.1 of the Code;

  • (c) referrals to the Board directed by the Minister under section 80, subsection 87.4(5) or section 107 of the Code;

  • (d) applications for declaration of an invalid strike or lockout vote made under subsections 87.3(4) and (5) of the Code;

  • (e) applications for declaration of unlawful strike or lockout made under sections 91 and 92 of the Code;

  • (f) unfair labour practice complaints respecting the use of replacement workers and dismissals for union activities referred to in subsections 94(2.1) and (3) of the Code; and

  • (g) complaints respecting a dismissal made under section 133 of the Code.

  • SOR/2011-109, s. 9(E);
  • SOR/2012-305, s. 8.
  •  (1) An application to which the expedited process applies must be served on the respondent at the same time that it is filed with the Board.

  • (2) The application served on a respondent in accordance with subsection (1) constitutes notice to the respondents that a hearing may be held forthwith, at a time and a place to be communicated by the Board.

  • SOR/2011-109, s. 10.

 A person who wishes to respond, reply to or intervene in an application to which the expedited process applies must do so no later than five days after receiving notice of the application or the response, as the case may be.

 [Repealed, SOR/2012-305, s. 9]

Interim Orders

  •  (1) Subject to subsection (2), an application for an interim order under 19.1 of the Code must include an affidavit by an individual having personal knowledge of the alleged facts.

  • (2) If an individual does not have personal knowledge of the alleged facts, the individual must state the source of information or belief and the basis for relying on the information received from that source.

  • (3) The Board may specify terms of any cross-examination and reply of the deponent.

  • (4) Unless the Board specifies otherwise, any interim order is in effect until the matter is finally disposed of by the Board.

Verification of Evidence

 The Board may at any time require a person who has filed an application, response, reply, request to intervene or other document with the Board to verify by affidavit the contents of that document within the reasonable time specified by the Board.

Consolidation of Proceedings

 The Board may order, in respect of two or more proceedings, that they be consolidated, heard together or heard consecutively.

  • SOR/2011-109, s. 11(F).

Disclosure

  •  (1) A party that seeks disclosure of relevant documents must request in writing the disclosure directly from the other parties before applying to the Board for an order requiring disclosure.

  • (2) [Repealed, SOR/2012-305, s. 10]

  • (3) If parties enter into an agreement respecting the disclosure of documents, the Board may order that they file a copy of the agreement with the Board.

  • (4) and (5) [Repealed, SOR/2011-109, s. 12]

  • SOR/2011-109, s. 12;
  • SOR/2012-305, s. 10.

Confidentiality of Documents

  •  (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.

  • (2) The Board, on its own initiative or at the request of a party, may declare that a document is confidential.

  • (3) In determining whether a document is confidential, the Board must consider whether disclosure would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in disclosure.

  • (4) If the Board declares that a document is confidential, the Board may

    • (a) order that the document or any part of it not be placed on the public record;

    • (b) order that a version or any part of the document from which the confidential information has been removed be placed on the public record;

    • (c) order that any portion of a hearing, including argument, examination or cross-examination, which deals with the confidential document, be conducted in private;

    • (d) order that the document or any part of it be provided to the parties, or only to their legal counsel or representative, and that the document not be placed on the public record; or

    • (e) make any other order that it considers appropriate.

  • SOR/2012-305, s. 11.
 
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