Vol. 148, No. 24 — November 19, 2014
SOR/2014-243 October 28, 2014
CANADA LABOUR CODE
Regulations Amending the Canada Industrial Relations Board Regulations, 2012
The Canada Industrial Relations Board, pursuant to section 15 (see footnote a) of the Canada Labour Code (see footnote b), makes the annexed Regulations Amending the Canada Industrial Relations Board Regulations, 2012.
Ottawa, October 23, 2014
REGULATIONS AMENDING THE CANADA INDUSTRIAL RELATIONS BOARD REGULATIONS, 2012
1. The definition “Registrar” in section 1 of the Canada Industrial Relations Board Regulations, 2012 (see footnote 1) is replaced by the following:
“Registrar” means an employee of the Administrative Tribunals Support Service of Canada whom the Board has authorized in writing to act on its behalf. (greffier)
2. Paragraph 7(2)(a) of the Regulations is replaced by the following:
- (a) in the case of the Board, the address of an office of the Administrative Tribunals Support Service of Canada that is identified as a Board office; and
3. (1) The portion of subsection 12.1(2) of the Regulations before paragraph (a) is replaced by the following:
(2) A request to intervene must be filed
(2) The portion of subsection 12.1(5) of the English version of the Regulations before paragraph (a) is replaced by the following:
(5) If the request to intervene is granted, the intervenor must file with the Board written submissions on the merits of the case within 10 days of the receipt of notice that the request to intervene has been granted, including
(3) Subsection 12.1(7) of the Regulations is repealed.
4. Subsection 32(3) of the Regulations is replaced by the following:
(3) The Returning Officer may appoint one or more employees of the Administrative Tribunals Support Service of Canada to assist in the conduct of the vote.
5. Section 35 of the Regulations is replaced by the following:
35. The Board, or an employee of the Administrative Tribunals Support Service of Canada who is authorized to act on behalf of the Board, must not disclose evidence that could reveal membership in a trade union, opposition to the certification of a trade union or the wish of any employee to be represented, or not to be represented, by a trade union, unless the disclosure would further the objectives of the Code.
6. Section 41 of the Regulations is replaced by the following:
41. An applicationfor the declaration of an invalid strike or lockout vote made under subsection 87.3(4) or (5) of the Code must include
- (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable;
- (b) the name, postal and email addresses and telephone and fax numbers of the respondent;
- (c) reference to the provision of the Code under which the application is being made;
- (d) full particulars of the facts, relevant dates and grounds for the application;
- (e) full particulars of the alleged irregularities in the conduct of the vote that affected the outcome of the vote;
- (f) the date on which the results of the vote were announced;
- (g) a copy of supporting documents for the application;
- (h) the date and description of any order or decision of the Board relating to the application;
- (i) an indication as to whether a hearing is being requested and if so, the reasons for the request; and
- (j) a description of the order or decision sought.
COMING INTO FORCE
7. These Regulations come into force on the day on which section 376 of the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues and objectives
The Canada Industrial Relations Board makes these Regulations to amend the Canada Industrial Relations Board Regulations, 2012 (the Regulations) in order to align the Regulations with the Administrative Tribunal Support Service of Canada Act, which creates a new agency that will be responsible for providing all support services to the Board. The amendments are technical in nature and have no substantive impact on the operations of the Board.
Description and rationale
The Government of Canada announced the creation of the Administrative Tribunal Support Service of Canada (ATSSC) on March 28, 2014. Bill C-31, which creates the ATSSC, received Royal Assent on June 19, 2014, and will come into force by order of the Governor in Council. Once in force, all staff currently employed by the Board, as well as related resources, will transfer to the newly created organization. These technical amendments are required to ensure the coordination of the Board’s Regulations with the Act that creates the ATSSC, by recognizing that the resources and employees of the ATSSC will provide the support required by the Board to deliver on its mandate and ensure that there will be no disruption to existing Board processing of cases.
Additional technical and non-substantive amendments are being made to correct inconsistencies identified internally and by the Standing Joint Committee for the Scrutiny of Regulations.
The changes to the Regulations will have no impact on employers, unions and employees who will appear before the Board other than the need to become familiar with the amended Regulations.
As these amendments have no impact on the processing of applications or complaints before the Canada Industrial Relations Board, no consultations were held on the proposed changes.
Implementation, enforcement and service standards
The amendments to the Regulations clarify that the ATSSC is to provide the Board with the necessary resources and support for the conduct of Board matters. This should result in a seamless transition with no impact on the processing of Board files or on the service standards that are currently in place. The amendments will come into force on the same day as the provisions of the Administrative Tribunal Support Service of Canada Act come into force.
Executive Director and General Counsel
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