PART IIndustrial Relations (continued)
DIVISION IICanada Industrial Relations Board (continued)
Establishment and Organization (continued)
Marginal note:Head office
- R.S., 1985, c. L-2, s. 13;
- 1998, c. 26, s. 2;
- 2014, c. 20, s. 417.
13.1 [Repealed, 2014, c. 20, s. 417]
14 (1) Subject to subsection (3), a panel of not less 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 Part.
Marginal note:Equal representation
(2) Where a panel formed under subsection (1) is composed of one or more members representing employees, an equal number of members representing employers must also form part of the panel and vice versa.
Marginal note:Exception — single member
(3) The Chairperson or a Vice-Chairperson may alone determine a matter that comes before the Board under this Part with respect to
(a) an uncontested application or question;
(b) a question referred to in paragraph 16(p);
(c) a complaint made under subsection 97(1) in respect of an alleged contravention of section 37 or 69 or any of paragraphs 95(f) to (i);
(d) a request for an extension of time for instituting a proceeding;
(e) a preliminary proceeding; or
(f) any other matter, if the Chairperson determines that it is appropriate because of the possibility of prejudice to a party, such as undue delay, or if the parties consent to a determination by the Chairperson or a Vice-Chairperson.
Marginal note:Where Chairperson or Vice-Chairperson determines alone
(4) A Chairperson or Vice-Chairperson making a determination under subsection (3) is deemed to be a panel for the purposes of this Part.
Marginal note:Powers, rights and privileges
(5) A panel has all the powers, rights and privileges that are conferred on the Board by this Part with respect to any matter assigned to the panel under this Part.
Marginal note:Chairperson of the panel
(6) The Chairperson is the chairperson of any panel formed under subsection (1) or, where the Chairperson is not a member of the panel, he or she designates a Vice-Chairperson to be the chairperson of the panel.
- R.S., 1985, c. L-2, s. 14;
- 1998, c. 26, s. 2.
Marginal note:Continuation of proceeding
14.1 In the event of the death or incapacity of a member of a panel formed under subsection 14(1) who represents either employees or employers, the chairperson of the panel may determine any matter that was before the panel and the chairperson’s decision is deemed to be the decision of the panel.
- 1998, c. 26, s. 2.
Marginal note:Decision of panel
Marginal note:Time limit
(2) The panel must render its decision and give notice of it to the parties no later than ninety days after the day on which it reserved its decision or within any further period that may be determined by the Chairperson.
- 1998, c. 26, s. 2.
Powers and Duties
15 The Board may make regulations of general application respecting
(a) the establishment of rules of procedure for its pre-hearing proceedings and hearings;
(a.1) the use of means of telecommunication that permit the parties and the Board or its members to communicate simultaneously for pre-hearing conferences, hearings and Board meetings;
(b) the determination of units appropriate for collective bargaining;
(c) the certification of trade unions as bargaining agents for bargaining units;
(d) the conduct of representation votes;
(e) the specification of the period of time after which the Board may receive an application from a trade union for certification as the bargaining agent for a unit where the Board has refused an application from the trade union for certification in respect of the same or substantially the same unit;
(f) the specification of the period of time after which the Board may receive an application from an employee for revocation of a trade union’s certification as the bargaining agent for a unit where the Board has refused an application for revocation in respect of the same unit;
(g) the hearing or determination of any application, complaint, question, dispute or difference that may be made or referred to the Board;
(g.1) an expeditious procedure and matters that may be determined under that procedure;
(h) the forms to be used in respect of any proceeding that may come before the Board;
(i) the time within which and the circumstances under which the Board may exercise its powers under section 18;
(j) any inquiry that the Board may make under subsection 34(2);
(k) the form in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;
(l) the specification of the time within which and the parties or persons to whom notices and other documents shall be sent and the circumstances in which such notices or other documents shall be deemed to have been given or received by the Board or any party or person;
(m) the determination of the form in which and the period during which evidence as to
(i) the membership of any employees in a trade union,
(ii) any objection by employees to the certification of a trade union, or
(iii) any signification by employees that they no longer wish to be represented by a trade union
shall be presented to the Board on an application made to it pursuant to this Part;
(n) the criteria for determining whether an employee is a member of a trade union;
(o) the circumstances in which evidence referred to in paragraph (m) may be received by the Board as evidence that any employees wish or do not wish to have a particular trade union represent them as their bargaining agent, including the circumstances in which the evidence so received by the Board may not be made public by the Board;
(o.1) the conditions for valid strike or lockout votes;
(p) the authority of any person to act on behalf of the Board and the matters and things to be done and the action to be taken by that person, including the authority of an employee of the Administrative Tribunals Support Service of Canada to make decisions on uncontested applications or questions; and
(q) such other matters and things as may be incidental or conducive to the proper performance of the duties of the Board under this Part.
- R.S., 1985, c. L-2, s. 15;
- 1998, c. 26, s. 3;
- 2014, c. 20, s. 418.
Marginal note:General power to assist parties
15.1 (1) The Board or any member of the Board 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.
Marginal note:Declaratory opinions
(2) The Board, on application by an employer or a trade union, may give declaratory opinions.
- 1998, c. 26, s. 4;
- 2014, c. 20, s. 419.
Marginal note:Powers of Board
16 The Board has, in relation to any proceeding before it, power
(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the Board deems requisite to the full investigation and consideration of any matter within its jurisdiction that is before the Board in the proceeding;
(a.1) to order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the times, dates and places of the hearings for those procedures;
(a.2) to order that a hearing or a pre-hearing conference be conducted using a means of telecommunication that permits the parties and the Board to communicate with each other simultaneously;
(b) to administer oaths and solemn affirmations;
(c) to receive and accept such evidence and information on oath, affidavit or otherwise as the Board in its discretion sees fit, whether admissible in a court of law or not;
(d) to examine, in accordance with any regulations of the Board, such evidence as is submitted to it respecting the membership of any employees in a trade union seeking certification;
(e) to examine documents forming or relating to the constitution or articles of association of
(f) to make such examination of records and such inquiries as it deems necessary;
(f.1) to compel, at any stage of a proceeding, any person to provide information or produce the documents and things that may be relevant to a matter before it, after providing the parties the opportunity to make representations;
(g) to require an employer to post and keep posted in appropriate places, or to transmit by any electronic means that the Board deems appropriate, any notice that it considers necessary to bring to the attention of any employees any matter relating to the proceeding;
(h) subject to such limitations as the Governor in Council may, in the interests of defence or security, prescribe by regulation, to enter any premises of an employer where work is being or has been done by employees and to inspect and view any work, material, machinery, appliances or articles therein and interrogate any person respecting any matter that is before the Board in the proceeding;
(i) to order, at any time before the proceeding has been finally disposed of by the Board, that
(i) a representation vote or an additional representation vote be taken among employees affected by the proceeding in any case where the Board considers that the taking of such a vote would assist the Board to decide any question that has arisen or is likely to arise in the proceeding, whether or not such a representation vote is provided for elsewhere in this Part, and
(ii) the ballots cast in any representation vote ordered by the Board pursuant to subparagraph (i) or any other provision of this Part be sealed in ballot boxes and not counted except as directed by the Board;
(j) to enter on the premises of an employer for the purpose of conducting representation votes during working hours;
(k) to authorize any person to do anything that the Board may do under paragraphs (a) to (h), (j), or (m) and to report to the Board thereon;
(l) to adjourn or postpone the proceeding from time to time;
(l.1) to defer deciding any matter, where the Board considers that the matter could be resolved by arbitration or an alternate method of resolution;
(m) to abridge or extend the time for doing any act, filing any document or presenting any evidence in connection with a proceeding;
(m.1) to extend the time limits set out in this Part for instituting a proceeding;
(n) to amend or permit the amendment of any document filed in connection with the proceeding;
(o) to add a party to the proceeding at any stage of the proceeding;
(o.1) to summarily refuse to hear, or dismiss, a matter for want of jurisdiction or lack of evidence; and
(p) to decide for all purposes of this Part any question that may arise in the proceeding, including, without restricting the generality of the foregoing, any question as to whether
(i) a person is an employer or an employee,
(ii) a person performs management functions or is employed in a confidential capacity in matters relating to industrial relations,
(iii) a person is a member of a trade union,
(iv) an organization or association is an employers’ organization, a trade union or a council of trade unions,
(v) a group of employees is a unit appropriate for collective bargaining,
(vi) a collective agreement has been entered into,
(vii) any person or organization is a party to or bound by a collective agreement, and
(viii) a collective agreement is in operation.
- R.S., 1985, c. L-2, s. 16;
- 1998, c. 26, s. 5.
- Date modified: