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Federal Public Sector Labour Relations Act

Version of section 40 from 2005-04-01 to 2014-10-31:


Marginal note:Powers of Board

  •  (1) The Board has, in relation to any matter before it, the power to

    • (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;

    • (b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the date, time and place of the hearings for those procedures;

    • (c) order that a hearing or a pre-hearing conference be conducted using any means of telecommunication that permits all persons participating in the conference to communicate adequately with each other;

    • (d) administer oaths and solemn affirmations;

    • (e) accept any evidence, whether admissible in a court of law or not;

    • (f) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council;

    • (g) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council;

    • (h) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant;

    • (i) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees;

    • (j) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it;

    • (k) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and

    • (l) authorize any person to do anything that the Board may do under paragraphs (d) to (k) and require the person to report to it on what the person has done.

  • Marginal note:Frivolous applications

    (2) The Board may dismiss summarily any application or complaint that in its opinion is frivolous or vexatious.

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