P.E.S.R.A. Regulations and Rules of Procedure (SOR/86-1140)

Regulations are current to 2014-10-15

 Where a witness is summoned pursuant to paragraph 15(a) of the Act, the summons shall be in Form 2.

 No proceeding under these Regulations is invalid by reason only of any defect in form or of any technical irregularity.

 Where any matter arises during the course of any proceeding before the Board that is not provided for by these Regulations it shall be dealt with in such manner as the Board directs.

PART ICOMPLAINTS PROCEDURE

 A complaint under section 13 of the Act shall be filed with the Executive Director in duplicate in Form 3.

  • SOR/2005-80, s. 7.

 The Executive Director shall serve a respondent named in Form 3 with a copy of a complaint filed pursuant to section 15.

  • SOR/2005-80, s. 7.

 A respondent may, not later than the 10th day after being served with a copy of a complaint under section 16, reply thereto by filing with the Executive Director a reply in duplicate.

  • SOR/2005-80, s. 7.
  •  (1) The Executive Director shall serve on the complainant a copy of a reply filed by a respondent pursuant to section 17.

  • (2) After the expiration of the time prescribed by section 17, the Board may direct the Executive Director to serve each of the parties with a notice of hearing in Form 1.

  • SOR/2005-80, s. 7.

PART IICERTIFICATION PROCEDURE

Interpretation

 In this Part,

“application”

“application” means an application for certification of a bargaining agent for a bargaining unit; (demande)

“intervener”

“intervener” means any employee organization that intervenes with respect to a certification proceeding before the Board; (intervenant)

“terminal date”

“terminal date” means a day fixed by the Executive Director, pursuant to paragraph 20(b), by which time certain actions with respect to an application are to be taken by the parties. (date limite)

  • SOR/2005-80, s. 7.

General

 Where an application is filed under section 21, the Executive Director shall

  • (a) serve the employer named in the application with a copy of the application;

  • (b) fix a terminal date, as directed by the Board, which date shall be not less than 10 and not more than 30 days after the date of the filing of the application; and

  • (c) notify the parties of the date so fixed.

  • SOR/2005-80, s. 7.