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

Regulations are current to 2014-10-15 and last amended on 2012-12-18. Previous Versions

Orders

  •  (1) Only the Chairperson, a Vice-Chairperson, or another member of the Board may sign an order or a decision of the Board, although a Registrar is authorized to sign the decisions referred to in section 3.

  • (2) [Repealed, SOR/2011-109, s. 2]

  • SOR/2011-109, s. 2.

Registrar

 In addition to processing any matters on behalf of the Board, a Registrar may make binding decisions on uncontested applications on behalf of the Board in respect of

  • (a) amendments to certification orders made pursuant to section 18 of the Code, incidental to a change of a party’s name;

  • (b) applications for certification pursuant to section 24 of the Code;

  • (c) successor rights, privileges and duties under section 43 of the Code;

  • (d) change of the name incidental to successor employer applications pursuant to sections 44 to 46 of the Code; and

  • (e) withdrawal of any complaint or application prior to its referral by the Chairperson to a panel.

PART 2RULES APPLICABLE TO PROCEEDINGS

 Commencement of Proceedings

 A proceeding before the Board is initiated by filing a document in writing in accordance with these Regulations.

  • SOR/2012-305, s. 2.

 In any proceeding before the Board, the use of the forms provided by the Board is encouraged but not essential.

  • SOR/2012-305, s. 2.

Signatures and Authorizations

  •  (1) An application, response, reply or request to intervene filed with the Board shall be signed as follows:

    • (a) if it is filed by a trade union, a council of trade unions or an employers’ organization, it shall be signed by the president or secretary or two other officers or by any individual authorized by the trade union, the council of trade unions or employers’ organization;

    • (b) if it is filed by an employer, it shall be signed by the employer or by the general manager or chief executive officer or by any individual authorized by the employer; and

    • (c) if it is filed by an employee, it shall be signed by the employee or by any individual authorized by the employee.

  • (2) For the purpose of subsection (1), the Board may require that an authorization be given in writing and filed with the Board.

Filing and Service of Documents

  •  (1) If an application, response, reply, request to intervene or other document is required to be filed with the Board or served on any person, it must be filed or served on the person, the person’s legal counsel or the person’s representative

    • (a) by delivery by hand;

    • (b) by mail at the address for service, as defined in subsection (2);

    • (c) by fax that provides a proof of receipt of the document; or

    • (d) by any other means authorized by the Board.

  • (2) For the purpose of subsection (1), address for service means

    • (a) in the case of the Board, the address of one of the Board’s offices; and

    • (b) in the case of any other person, the person’s address as it appears in any notice issued by the Board in that proceeding, or if no address appears, the latest known address of the person.

  • (3) A document that is transmitted by fax must include the following information:

    • (a) the name, address, telephone and fax numbers of the person transmitting the document;

    • (b) the name, address, telephone and fax numbers of the person to whom the document is being transmitted;

    • (c) the date and time of transmission; and

    • (d) the total number of pages being transmitted.

  • SOR/2011-109, s. 3(F);
  • SOR/2012-305, ss. 3, 26.