Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
325 (1) Subsection 14(1) of the Act is replaced by the following:
Marginal note:Panels
14 (1) Subject to subsections (3) and (3.1), a panel of not fewer 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 Act.
(2) Subsections 14(4) and (5) of the Act are replaced by the following:
Marginal note:Single person — Parts II and III
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II or III.
Marginal note:Deemed panel
(4) The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel.
Marginal note:Powers, duties and functions
(5) A panel has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter assigned to the panel.
(3) Subsection 14(3.1) of the Act is replaced by the following:
Marginal note:Single person — Parts II, III and IV
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II, III or IV.
326 Subsection 14.2(2) of the Act is replaced by the following:
Marginal note:Time limit
(2) If a decision is to be made under this Part, the panel shall make it and give notice of it to the parties no later than 90 days after the day on which the panel reserved the decision or within any further period that may be determined by the Chairperson.
327 (1) Paragraph 15(g) of the Act is replaced by the following:
(g) the hearing or determination of any application, complaint, question, dispute, difference or appeal that may be made or referred to the Board;
(2) Section 15 of the Act is amended by striking out “and” at the end of paragraph (p) and by replacing paragraph (q) with the following:
328 Subsection 15.1(1) of the Act is replaced by the following:
Marginal note:General power to assist parties
15.1 (1) The Board, any member of the Board or any external adjudicator — or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board — may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
329 (1) Paragraph 16(m.1) of the Act is replaced by the following:
(m.1) to extend the time limits set out in this Act for instituting a proceeding;
(2) Section 16 of the Act is amended by striking out “and” at the end of paragraph (o.1), by adding “and” at the end of paragraph (p) and by adding the following after paragraph (p):
(q) to decide any question that may arise in a proceeding under Part II or III.
(3) Paragraph 16(q) of the Act is replaced by the following:
(q) to decide any question that may arise in a proceeding under Part II, III or IV.
330 Sections 19 and 19.1 of the Act are replaced by the following:
Marginal note:Application of orders
19 Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any particular case or class of cases.
Marginal note:Interim orders
19.1 The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the objectives of this Act.
331 Subsection 20(3) of the Act is replaced by the following:
Marginal note:Definition of decision
(3) In this section, decision includes an order, a direction, a determination and a declaration.
332 Section 21 of the Act is replaced by the following:
Marginal note:Exercise of powers, duties and functions
21 The Board shall exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or that may be incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with the provisions of this Act, with any regulation made under this Act or with any decision made in respect of a matter before the Board.
333 Subsection 22(1) of the Act is replaced by the following:
Marginal note:Order and decision final
22 (1) Subject to this Part, every order or decision made by the Board under this Part is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
334 Subsection 23(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Filing in Federal Court
23 (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the Federal Court, unless, in the opinion of the Board,
335 Section 23.1 of the Act is replaced by the following:
Marginal note:Filing in provincial superior court
23.1 The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the superior court of a province. Section 23 applies, with any modifications that the circumstances require, to an order or decision filed in such a superior court.
336 Subsection 119(1) of the Act is replaced by the following:
Marginal note:Not required to give evidence — Part I
119 (1) No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.
Marginal note:Not required to give evidence — Act
(1.1) No member of the Board or no external adjudicator shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Act.
337 Paragraph 119.1(a) of the Act is replaced by the following:
(a) notes or draft orders or decisions of the Board or any of its members, of an external adjudicator or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and
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