Vol. 145, No. 10 — May 11, 2011

Registration

SOR/2011-109 April 21, 2011

CANADA LABOUR CODE

ARCHIVED — Regulations Amending the Canada Industrial Relations Board Regulations, 2001

The Canada Industrial Relations Board, pursuant to section 15 (see footnote a) of the Canada Labour Code (see footnote b) hereby makes the annexed Regulations Amending the Canada Industrial Relations Board Regulations, 2001.

Ottawa, April 21, 2011

ELIZABETH MACPHERSON
Chairperson of the Canada Industrial Relations Board

REGULATIONS AMENDING THE CANADA INDUSTRIAL RELATIONS BOARD REGULATIONS, 2001

AMENDMENTS

1. The definition “intervenor” in section 1 of the Canada Industrial Relations Board Regulations, 2001 (see footnote 1) is replaced by the following:

“intervenor” means a person whose request to intervene made under section 12.1 has been granted. (intervenant)

2. Subsection 2(2) of the Regulations is repealed.

3. The portion of subsection 7(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

7. (1) Lorsqu’une demande, une réponse, une réplique, une demande d’intervention ou tout autre document doit être déposé auprès du Conseil ou signifié à une personne, auquel cas il peut l’être à cette personne ou à son avocat ou son représentant, la signification ou le dépôt se fait de l’une des façons suivantes :

4. The portion of section 10 of the Regulations before paragraph (c) is replaced by the following:

10. An application filed with the Board, other than an application to which any of sections 12.1, 33, 34, 36, 37, 40 to 43 and 45 apply, must include the following information:

  1. (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email addresses and telephone and fax numbers of the respondent;

5. Section 12 of the Regulations and the heading before it are replaced by the following:

RESPONSES AND REPLIES

12. Any person who makes a response or reply must include the following information in the response or reply:

  1. (a) the name, postal and email addresses and telephone and fax numbers of the respondent and of their counsel or representative, if applicable;
  2. (b) the Board’s file number for the relevant application;
  3. (c) full particulars of the facts, relevant dates and grounds for the response or reply;
  4. (d) a copy of supporting documents for the response or reply;
  5. (e) the person’s position relating to the order or decision sought by the applicant or respondent, as the case may be;
  6. (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and
  7. (g) a description of the order or decision sought.

REQUEST TO INTERVENE

12.1 Any person who makes a request to intervene must do so in writing and must include the following information in the request:

  1. (a) the name, postal and email addresses and telephone and fax numbers of the intervenor and of their counsel or representative, if applicable;
  2. (b) the Board’s file number for the relevant application;
  3. (c) full particulars of the facts, relevant dates and grounds for the request to intervene;
  4. (d) a copy of supporting documents for the request;
  5. (e) the person’s position relating to the order or decision sought by the applicant;
  6. (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request;
  7. (g) a description of the order or decision sought;
  8. (h) the person’s interest in the matter; and
  9. (i) an indication as to how the intervention will assist the Board in furthering the objectives of the Code.

6. The heading before section 13 of the Regulations is replaced by the following:

TIME FOR RESPONDING OR REPLYING

7. (1) The portion of subsection 13(1) of the Regulations before paragraph (a) is replaced by the following:

13. (1) Any person who makes a response must do so

(2) Subsections 13(3) and (4) of the Regulations are replaced by the following:

(3) A request for an extension of time to respond or reply must be made in writing to the Board and set out the grounds for the requested extension.

8. The Regulations are amended by adding the following after section 13:

TIME FOR REQUESTING TO INTERVENE

13.1 (1) Any person who makes a request to intervene in a proceeding must do so

  1. (a) in the case of an application for certification, within 10 days after receiving notice of the application; or
  2. (b) in the case of any other application, within 15 days after receiving notice of the application.

(2) A response to a request to intervene must be made within 10 days after a person files a request to intervene.

(3) A request for an extension of time to request to intervene must be made in writing to the Board and set out the grounds for the requested extension.

9. Paragraph 14(b) of the English version of the Regulations is replaced by the following:

  1. (b) applications to file a decision or order of the Board in the Federal Court or in the superior court of a province, made under sections 23 and 23.1 of the Code;

10. Subsection 15(1) of the Regulations is replaced by the following:

15. (1) An application to which the expedited process applies must be served on the respondent at the same time that it is filed with the Board.

11. Section 20 of the French version of the Regulations is replaced by the following:

20. Le Conseil peut ordonner que deux ou plusieurs instances soient réunies, instruites ensemble ou instruites consécutivement.

12. Subsections 21(4) and (5) of the Regulations are repealed.

13. Subsection 24(1) of the Regulations is replaced by the following:

24. (1) Any individual who has been authorized by the Board under paragraph 16(k) of the Code may, in relation to a proceeding before the Board, issue a summons requiring an individual to appear, give evidence under oath and produce documents and things.

14. Subsection 25(1) of the Regulations is repealed.

15. Section 26 of the Regulations is repealed.

16. Subsection 27(4) of the English version of the Regulations is replaced by the following:

(4) If a party does not comply with subsection (1), (2) or (3), the Board may refuse to consider any document or hear any witness tendered by the party at the hearing.

17. (1) Subsection 29(1) of the Regulations is replaced by the following:

29. (1) In addition to adjourning or postponing a hearing under paragraph 16(l) of the Code, the Board may cancel a hearing.

(2) Subsection 29(3) of the French version of the Regulations is replaced by the following:

(3) Dans les quinze jours suivant la réception de l’avis, une partie peut présenter au Conseil une demande motivée par écrit de reprise de la procédure.

18. The portion of subsection 31(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

31. (1) Pour toute demande concernant les droits de négociation, le Conseil peut accepter comme preuve d’adhésion d’une personne à un syndicat, à la fois :

19. Sections 33 and 34 of the Regulations are replaced by the following:

33. An application respecting bargaining rights must include the following information:

  1. (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email addresses and telephone and fax numbers of the respondent;
  3. (c) a description of the general nature of the employer’s business;
  4. (d) the address of the employer’s establishments affected by the application;
  5. (e) a reference to the provision of the Code under which the application is being made;
  6. (f) full particulars of the facts, relevant dates and grounds for the application;
  7. (g) a copy of supporting documents for the application;
  8. (h) the date and description of any order or decision of the Board relating to the application;
  9. (i) a description of any existing bargaining units that may be affected by the application and the details of any certification order;
  10. (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for such units or is otherwise affected by the application;
  11. (k) if applicable, the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;
  12. (l) a description of the proposed bargaining unit;
  13. (m) the number of employees in the existing or proposed bargaining unit;
  14. (n) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and
  15. (o) a description of the order or decision sought.

34. In addition to the information required for an application made under section 33, an application for certification made by a trade union under section 24 of the Code or by a council of trade unions under section 32 of the Code must include a separate and confidential statement of the number of employees in the proposed bargaining unit that the applicant claims to represent as members of the trade union or of the council of trade unions.

20. Subsection 36(1) of the Regulations is replaced by the following:

36. (1) In addition to the information required for an application made under section 33, an application made by an employee under section 38 of the Code must include a separate and confidential statement, signed by each employee whom the applicant claims to represent, stating that they do not wish to be represented by the bargaining agent and authorizing the applicant to act on their behalf.

21. Section 37 of the Regulations is replaced by the following:

37. An application made under subsection 40(1) of the Code must include

  1. (a) the name, postal and email address and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email address and telephone and fax numbers of any employer or trade union that may be affected by the application;
  3. (c) full particulars of the facts, relevant dates and grounds for the application;
  4. (d) a copy of supporting documents for the application;
  5. (e) the date and description of any order or decision of the Board relating to the application;
  6. (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request;
  7. (g) a description of the order or decision sought; and
  8. (h) full particulars of the acts constituting the alleged fraud, including when and how those acts became known to the applicant.

22. Sections 38 and 39 of the French version of the Regulations are replaced by the following:

38. Le syndicat ou regroupement de syndicats qui s’est vu refuser une demande d’accréditation doit attendre six mois suivant la date du rejet avant de présenter une nouvelle demande concernant la même unité de négociation ou une unité de négociation essentiellement similaire.

39. Tout employé qui s’est vu refuser une demande de révocation d’accréditation doit attendre six mois suivant la date du rejet avant de présenter une nouvelle demande concernant la même unité de négociation.

23. Subsection 40(1) of the Regulations is replaced by the following:

40. (1) A complaint must include

  1. (a) the name, postal and email addresses and telephone and fax numbers of the complainant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email addresses and telephone and fax numbers of any person who may be affected by the complaint;
  3. (c) a reference to the provision of the Code under which the complaint is being made;
  4. (d) full particulars of the facts, relevant dates and grounds for the complaint;
  5. (e) a copy of supporting documents for the complaint;
  6. (f) the date and description of any order or decision of the Board relating to the complaint;
  7. (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request;
  8. (h) a description of the order or decision sought;
  9. (i) the date on which the complainant knew of the action or circumstances giving rise to the complaint; and
  10. (j) particulars of the measures taken, if any, to have the complaint referred to arbitration under a collective agreement or the reasons why the arbitration did not take place.

24. The portion of section 41 of the Regulations before paragraph (a) is replaced by the following:

41. In addition to the information required for an application made under section 33, an application for the declaration of an invalid strike or lockout vote made under subsection 87.3(4) or (5) of the Code must include

25. Subsection 42(1) of the Regulations is replaced by the following:

42. (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include

  1. (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents;
  3. (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;
  4. (d) a description of the general nature of the employer’s business;
  5. (e) the address of the employer’s establishments affected by the application;
  6. (f) full particulars of the facts, relevant dates and grounds for the application;
  7. (g) a copy of supporting documents for the application;
  8. (h) the date and description of any order or decision of the Board relating to the application;
  9. (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;
  10. (j) the number of employees in the existing bargaining unit;
  11. (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and
  12. (l) a description of the order or decision sought.

26. Sections 43 of the Regulations are replaced by the following:

43. An application made by a trade union for a declaration of an unlawful lockout under section 92 of the Code must include

  1. (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email addresses and telephone and fax numbers of the employer of the employees being locked out and, if applicable, of any person acting on the employer’s behalf against whom an order is specifically sought, to be referred to as the respondents;
  3. (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;
  4. (d) a description of the general nature of the employer’s business;
  5. (e) the address of the employer’s establishments affected by the application;
  6. (f) full particulars of the facts, relevant dates and grounds for the application;
  7. (g) a copy of supporting documents for the application;
  8. (h) the date and description of any order or decision of the Board relating to the application;
  9. (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;
  10. (j) the number of employees in the existing bargaining unit;
  11. (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and
  12. (l) a description of the order or decision sought.

27. (1) Subsection 45(1) of the Regulations is replaced by the following:

45. (1) An application for reconsideration of a decision or order of the Board must include

  1. (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;
  2. (b) the name, postal and email address, telephone and fax numbers of any employer or trade union that may be affected by the application;
  3. (c) the order or decision of the Board that is the subject of the reconsideration application;
  4. (d) full particulars of the facts, relevant dates and grounds for the application;
  5. (e) a copy of supporting documents for the application;
  6. (f) the date and description of any order or decision of the Board relating to the application;
  7. (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and
  8. (h) a description of the order or decision sought.

(2) Subsection 45(2) of the French version of the Regulations is replaced by the following:

(2) La demande est déposée dans les vingt et un jours suivant la date où les motifs écrits de la décision ou de l’ordonnance réexaminée sont rendus.

28. Subsection 47(2) of the French version of the Regulations is replaced by the following:

(2) Si une partie ne se présente pas à une audience après avoir été avisée de sa tenue par le Conseil, celui-ci peut décider de la question en l’absence de la partie.

COMING INTO FORCE

29. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Canada Industrial Relations Board makes these Regulations to amend the Canada Industrial Relations Board Regulations, 2001 (the Regulations) in order to correct inconsistencies that were identified by the Standing Joint Committee for the Scrutiny of Regulations. Technical or non-substantive amendments are being made to correct errors in format, in numbering and to reconcile the English and French versions of certain provisions.

Rationale

These technical amendments will support the effective operations of the Canada Industrial Relations Board in its administration of the Canada Labour Code (Part I — Industrial Relations), and promote the impartial, effective and appropriate administration of the rules of conduct that govern parties that appear before the Board for the resolution of their labour relations disputes.

Benefits and costs

These changes will have no impact on revenues or resource allocation. There is no impact on employers, unions and employees who will appear before the Board other than the need to become familiar with the amended Regulations.

Consultation

These regulatory amendments were preceded by a period of consultations with the groups representing the labour community in Canada and subject to the Board’s jurisdiction. The proposed amendments were circulated and discussed with the Canada Industrial Relations Board’s Client Consultation Committee in September 2010. This Committee was established in 2004 specifically for the purpose of canvassing the labour relations community, both the labour and management sides, with respect to Board initiatives, practices and performance. Members of the Client Consultation Committee provided their comments on the proposed technical amendments and the Board was able to incorporate the input in the final drafting of the regulatory amendments.

Contact

Ginette Brazeau
Executive Director and Senior Registrar
240 Sparks Street, 4th Floor West
Ottawa, Ontario
K1A 0X8
Telephone: 613-947-5429
Fax: 613-947-3894
Email: Ginette.brazeau@cirb-ccri.gc.ca

Footnote a
S.C. 1998, c. 26, s. 3

Footnote b
R.S., c. L-2

Footnote 1
SOR/2001-520