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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-01. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IICanada Industrial Relations Board (continued)

Establishment and Organization (continued)

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

Marginal note:Head office

 The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act.

  • R.S., 1985, c. L-2, s. 13
  • 1998, c. 26, s. 2
  • 2014, c. 20, s. 417

 [Repealed, 2014, c. 20, s. 417]

Marginal note:Panels

  •  (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.

  • 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: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.

  • 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
  • 2017, c. 20, s. 325

Marginal note:Continuation of proceeding

 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

  •  (1) A decision made by a majority of the members of a panel or, where there is no majority, by the chairperson of the panel is a decision of the Board.

  • 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.

  • 1998, c. 26, s. 2
  • 2017, c. 20, s. 326

Powers and Duties

Marginal note:Regulations

 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, difference or appeal 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;

  • (p.1) the manner and criteria for selecting external adjudicators; and

  • (q) any other matters and things that may be incidental or conducive to the proper performance of the duties of the Board under this Act.

  • R.S., 1985, c. L-2, s. 15
  • 1998, c. 26, s. 3
  • 2014, c. 20, s. 418
  • 2017, c. 20, s. 327
 
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