Canada Labour Code (R.S.C., 1985, c. L-2)

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Act current to 2019-05-22 and last amended on 2019-04-01. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IICanada Industrial Relations Board (continued)

Establishment and Organization (continued)

Marginal note:Meetings

  •  (1) The Chairperson convenes and presides over any meeting of the Board concerning the making of regulations under section 15.

  • Marginal note:Quorum

    (2) For the purposes of subsection (1), five persons, namely, the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers, constitute a quorum.

  • Marginal note:Equal representation

    (3) At a meeting referred to in subsection (1) at which there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on any matter and who represent employers and employees respectively.

  • 1998, c. 26, s. 2

Marginal note:Acting Chairperson

 If the Chairperson of the Board is absent or unable to act or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister acts as Chairperson for the time being, and a Vice-Chairperson so designated has and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • 1998, c. 26, s. 2

Marginal note:Remuneration

  •  (1) The full-time members of the Board shall be paid any remuneration, and the part-time members of the Board and members of the Board carrying out duties and responsibilities under subsection 12(2) shall be paid any fees, that may be fixed by the Governor in Council.

  • Marginal note:Travel and living expenses

    (2) The members of the Board are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members and members carrying out duties and responsibilities under subsection 12(2), their ordinary place of residence.

  • 1998, c. 26, s. 2

Marginal note:Compensation

 Each member of the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

  • 1998, c. 26, s. 2
  • 2003, c. 22, s. 224(E)

Marginal note:Limitation of liability

 The Chairperson, Vice-Chairpersons and other members are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

  • 2017, c. 20, s. 324

Marginal note:Inquiries

 The Chairperson may request the Minister to decide whether any member of the Board should be subject to remedial or disciplinary measures for any reason set out in paragraphs 12.14(2)(a) to (d).

  • 1998, c. 26, s. 2

Marginal note:Measures

 On receipt of the request, the Minister may take one or more of the following measures:

  • (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

  • (b) refer the matter for mediation, where the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

  • (c) request the Governor in Council to have an inquiry held under section 12.08; or

  • (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this section.

  • 1998, c. 26, s. 2

Marginal note:Appointment of inquirer

 On receipt of a request referred to in paragraph 12.07(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct the inquiry.

  • 1998, c. 26, s. 2

Marginal note:Powers

 The judge has all the powers, rights and privileges that are vested in a superior court, including the power

  • (a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry; and

  • (b) to administer oaths and examine any person on oath.

  • 1998, c. 26, s. 2

Marginal note:Staff

 The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

  • 1998, c. 26, s. 2

Marginal note:Inquiry in public

  •  (1) Subject to subsections (2) and (3), an inquiry must be conducted in public.

  • Marginal note:Confidentiality of inquiry

    (2) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that

    • (a) there is a real and substantial risk that matters involving public security will be disclosed;

    • (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    • (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

  • Marginal note:Confidentiality of application

    (3) Where the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (2).

  • 1998, c. 26, s. 2

Marginal note:Rules of evidence

  •  (1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

  • Marginal note:Intervenors

    (2) An interested party may, with leave of the judge, intervene in an inquiry on the terms and conditions that the judge considers appropriate.

  • 1998, c. 26, s. 2

Marginal note:Right to be heard

 The member who is the subject of the inquiry must be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and must be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

  • 1998, c. 26, s. 2

Marginal note:Report to Minister

  •  (1) After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister.

  • Marginal note:Recommendations

    (2) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the opinion of the judge, the member

    • (a) has become incapacitated from the proper execution of that office by reason of infirmity;

    • (b) has been guilty of misconduct;

    • (c) has failed in the proper execution of that office; or

    • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.

  • 1998, c. 26, s. 2

Marginal note:Transmission of report to Governor in Council

 Where the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council, who may, where the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

  • 1998, c. 26, s. 2
 
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