PART IIndustrial Relations (continued)
DIVISION IICanada Industrial Relations Board (continued)
Powers and Duties (continued)
Marginal note:Determination without oral hearing
16.1 The Board may decide any matter before it without holding an oral hearing.
- 1998, c. 26, s. 6.
Marginal note:Determination of the wishes of the majority of the employees
17 Where the Board is required, in connection with any application made under this Part, to determine the wishes of the majority of the employees in a unit, it shall determine those wishes as of the date of the filing of the application or as of such other date as the Board considers appropriate.
- 1977-78, c. 27, s. 41;
- 1980-81-82-83, c. 47, s. 27.
Marginal note:Review or amendment of orders
18 The Board may review, rescind, amend, alter or vary any order or decision made by it, and may rehear any application before making an order in respect of the application.
- R.S., c. L-1, s. 119;
- 1972, c. 18, s. 1.
Marginal note:Review of structure of bargaining units
18.1 (1) On application by the employer or a bargaining agent, the Board may review the structure of the bargaining units if it is satisfied that the bargaining units are no longer appropriate for collective bargaining.
Marginal note:Agreement of parties
(2) If the Board reviews, pursuant to subsection (1) or section 35 or 45, the structure of the bargaining units, the Board
(3) If the Board is of the opinion that the agreement reached by the parties would not lead to the creation of units appropriate for collective bargaining or if the parties do not agree on certain issues within the period that the Board considers reasonable, the Board determines any question that arises and makes any orders it considers appropriate in the circumstances.
Marginal note:Content of orders
(4) For the purposes of subsection (3), the Board may
(a) determine which trade union shall be the bargaining agent for the employees in each bargaining unit that results from the review;
(b) amend any certification order or description of a bargaining unit contained in any collective agreement;
(c) if more than one collective agreement applies to employees in a bargaining unit, decide which collective agreement is in force;
(d) amend, to the extent that the Board considers necessary, the provisions of collective agreements respecting expiry dates or seniority rights, or amend other such provisions;
(e) if the conditions of paragraphs 89(1)(a) to (d) have been met with respect to some of the employees in a bargaining unit, decide which terms and conditions of employment apply to those employees until the time that a collective agreement becomes applicable to the unit or the conditions of those paragraphs are met with respect to the unit; and
(f) authorize a party to a collective agreement to give notice to bargain collectively.
- 1998, c. 26, s. 7.
Marginal note:Application of orders
19 Where, under this Part, the Board may make or issue any order or decision, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so, either generally or in any particular case or class of cases.
- R.S., c. L-1, s. 120;
- 1972, c. 18, s. 1.
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 Part.
- 1998, c. 26, s. 8.
Marginal note:Interim decision
20 (1) Where, in order to dispose finally of an application or complaint, it is necessary for the Board to determine two or more issues arising therefrom, the Board may, if it is satisfied that it can do so without prejudice to the rights of any party to the proceeding, issue a decision resolving only one or some of those issues and reserve its jurisdiction to dispose of the remaining issues.
Marginal note:Decision final
(2) A decision referred to in subsection (1) is, except as stipulated by the Board, final.
Definition of decision
(3) In this section, decision includes an order, a determination and a declaration.
- 1977-78, c. 27, s. 42.
Marginal note:Exercise of powers and duties
21 The Board shall exercise such powers and perform such duties as are conferred or imposed on it by this Part, or as may be incidental to the attainment of the objects of this Part, including, without restricting the generality of the foregoing, the making of orders requiring compliance with the provisions of this Part, with any regulation made under this Part or with any decision made in respect of a matter before the Board.
- R.S., c. L-1, s. 121;
- 1972, c. 18, s. 1.
Review and Enforcement of Orders
Marginal note:Orders not to be reviewed by court
22 (1) Subject to this Part, every order or decision of the Board 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.
Marginal note:Standing of Board
(1.1) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures.
Marginal note:No review by certiorari, etc.
(2) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part shall
(a) be questioned, reviewed, prohibited or restrained, or
(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise,
on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction.
- R.S., 1985, c. L-2, s. 22;
- 1990, c. 8, s. 56;
- 1998, c. 26, s. 9;
- 2002, c. 8, s. 182.
Marginal note:Filing of Board’s orders 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, file a copy of the order or decision, exclusive of the reasons therefor, in the Federal Court, unless, in the opinion of the Board,
Marginal note:Registration of order and proceedings thereon
(2) Where the Board files a copy of any order or decision in the Federal Court pursuant to subsection (1), it shall specify in writing to the Court that the copy of the order or decision is filed pursuant to that subsection and, where the Board so specifies, the copy of the order or decision shall be accepted for filing by, and registered in, the Court without further application or other proceeding.
Marginal note:Effect of registration of order or decision
(3) When a copy of any order or decision of the Board is registered pursuant to subsection (2), the order or decision has the same force and effect as a judgment obtained in the Federal Court and, subject to this section and the Federal Courts Act, all proceedings may be taken thereon by any person or organization affected thereby as if the order or decision were a judgment of that Court.
- R.S., 1985, c. L-2, s. 23;
- 1990, c. 8, s. 57;
- 2002, c. 8, s. 182.
Marginal note:Filing of orders 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, file a copy of the order or decision, exclusive of the reasons for it, in the superior court of a province. Section 23 applies, with the modifications that the circumstances require, to an order or decision filed in such a superior court.
- 1998, c. 26, s. 10.
- Date modified: