• 78. (1) An employer or a bargaining agent may refer a matter to the Board under section 70 of the Act by filing with the Executive Director in duplicate a notice in Form 17.

• (2) The Executive Director shall, on receipt of a notice filed pursuant to subsection (1), serve a copy of the notice on the other party.

• (3) Within 10 days after the receipt by the other party of a copy of a notice served pursuant to subsection (2), that other party shall file with the Executive Director a statement of its position.

• (4) Where a statement is filed pursuant to subsection (3), the Executive Director shall serve a copy of the statement on the party that filed the notice pursuant to subsection (1).

• (5) On the direction of the Board the Executive Director shall, after the expiration of the time fixed by subsection (3) for filing a statement of position, serve on the parties a notice of hearing of the reference in Form 1.

79. Notwithstanding anything in this Part, the times prescribed by this Part or provided for in a grievance procedure contained in a collective agreement or in an arbitral award for the doing of any act, the presentation of a grievance at any level or the service or filing of any notice, reply or document may be extended either before or after the expiration of those times

• (a) by agreement of the parties; or

• (b) by the Board, on the application of an employer, an employee or a bargaining agent, on such terms or conditions as the Board considers advisable.

• 80. (1) An application for consent from the Board to institute prosecution shall be filed with the Executive Director in Form 18, and shall be accompanied by a statutory declaration or a statement made under oath or affirmation by a person who has personal knowledge of the facts on which the applicant relies to support the application.

• (2) The Executive Director shall serve a respondent named in Form 18 with a notice of application for consent to institute prosecution in Form 19 and a copy of any statutory declaration, statement made under oath or affirmation filed under subsection (1) that is applicable to that respondent.

81. Each respondent shall, within 10 days after being served pursuant to subsection 80(2), file with the Executive Director the respondent’s reply thereto.

82. On receipt of a reply pursuant to section 81, the Executive Director shall serve a copy thereof on the applicant.

• 83. (1) Where the time prescribed by section 81 has expired, the Board may, subject to subsection (2), make its determination in respect of the application on the basis of the material then before the Board.

• (2) The Board may, if it deems it advisable, direct that a hearing be held with respect to any or all of the issues that may arise in connection with an application under section 80.