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.
Continuation of proceeding	14.1 In the event of the death or incapacity of a member of a panel formed under subsec tion 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.
Decision of panel	14.2 (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.
Time limit	(2) The panel must render its decision and give notice of it to the parties no later than ninety days after the day on which it reserved its decision or within any further period that may be determined by the Chairperson.
	3. (1) Paragraph 15(a) of the Act is replaced by the following:
	(a) the establishment of rules of procedure for its pre-hearing proceedings and hear ings;
	(a.1) the use of means of telecommunica tion that permit the parties and the Board or its members to communicate simultaneous ly for pre-hearing conferences, hearings and Board meetings;
	(2) Section 15 of the Act is amended by adding the following after paragraph (g):
	(g.1) an expeditious procedure and matters that may be determined under that proce dure;
	(3) Paragraph 15(p) of the Act is replaced by the following:
	(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 Board to make decisions on uncontested applications or questions; and
	4. The Act is amended by adding the following after section 15:
General power to assist parties	15.1 (1) The Board, or any member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board's power to determine issues that have not been settled.
Declaratory opinions	(2) The Board, on application by an em ployer or a trade union, may give declaratory opinions.
	5. (1) Section 16 of the Act is amended by adding the following after paragraph (a):
	(a.1) to order pre-hearing procedures, in cluding pre-hearing conferences that are held in private, and direct the times, dates and places of the hearings for those proce dures;
	(a.2) to order that a hearing or a pre-hearing conference be conducted using a means of telecommunication that permits the parties and the Board to communicate with each other simultaneously;
	(2) Paragraph 16(g) of the Act is replaced by the following:
	(f.1) to compel, at any stage of a proceeding, any person to provide information or pro duce the documents and things that may be relevant to a matter before it, after provid ing the parties the opportunity to make representations ;
	(g) to require an employer to post and keep posted in appropriate places, or to transmit by any electronic means that the Board deems appropriate, any notice that it con siders necessary to bring to the attention of any employees any matter relating to the proceeding;
	(3) Paragraph 16(k) of the Act is replaced by the following:
	(k) to authorize any person to do anything that the Board may do under paragraphs (a) to (h), (j), or (m) and to report to the Board thereon;
	(4) Paragraph 16(m) of the Act is re placed by the following:
	(l.1) to defer deciding any matter, where the Board considers that the matter could be resolved by arbitration or an alternate method of resolution;
	(m) to abridge or extend the time for doing any act, filing any document or presenting any evidence in connection with a proceed ing;
	(m.1) to extend the time limits set out in this Part for instituting a proceeding;
	(5) Section 16 of the Act is amended by adding the following after paragraph (o):
	(o.1) to summarily refuse to hear, or dismiss, a matter for want of jurisdiction or lack of evidence;
	6. The Act is amended by adding the following after section 16:
Determina- tion without oral hearing	16.1 The Board may decide any matter before it without holding an oral hearing.
	7. The Act is amended by adding the following after section 18:
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.
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
	(a) must allow the parties to come to an agreement, within a period that the Board considers reasonable, with respect to the determination of bargaining units and any questions arising from the review; and
	(b) may make any orders it considers appropriate to implement any agreement.
Orders	(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.
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 de scription 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 col lective 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 agree ment to give notice to bargain collectively.
	8. The Act is amended by adding the following after section 19:
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.
	9. Section 22 of the Act is amended by adding the following after subsection (1):
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.
	10. The Act is amended by adding the following after section 23:
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 cir cumstances require, to an order or decision filed in such a superior court.
	11. Subsection 24(3) of the Act is replaced by the following:
No application during strike or lockout	(3) An application for certification under subsection (2) in respect of a unit must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by this Part and that involves employees in the unit.
	12. The Act is amended by adding the following after section 24:
Exception	24.1 A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an applica tion for certification at any time, in respect of the unit to which the collective agreement applies or substantially the same unit.
	13. Section 29 of the Act is amended by adding the following after subsection (1):
Employees not in a unit	(1.1) Any person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given, and was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out, is not an employee in the unit.
	14. Subsection 30(2) of the French ver sion of the Act is replaced by the following:
Choix	(2) Dans le cas où il ordonne la tenue d'un scrutin de représentation alors que l'unité en cause n'est représentée par aucun syndicat, le Conseil doit veiller à ce que les bulletins de vote permettent aux employés d'y indiquer leur désir de n'être pas représentés par le ou les syndicats qui y sont mentionnés.
	15. (1) Section 33 of the Act is amended by adding the following after subsection (1):
New members	(1.1) The Board may, on application by the employers' organization, include in the desig nation referred to in subsection (1) any employer that becomes a member of the employers' organization if it is satisfied that that employer has granted appropriate author ity to the employers' organization to enable the employers' organization to discharge the duties and responsibilities of an employer and that such an inclusion would ensure the fulfilment of the objectives of this Part.
	(2) The portion of subsection 33(3) of the English version of the Act before paragraph (a) is replaced by the following:
Employer ceasing to be member of employers' organization	(3) Where an employer ceases to be a member of an employers' organization or withdraws the authority referred to in subsec tion (1) or (1.1) that the employer granted to the employers' organization, the employer
	16. (1) Subsections 34(1) and (2) of the Act are replaced by the following:
Certification in long-shoring and other industries	34. (1) Where employees are employed in
	(a) the long-shoring industry, or
	(b) such other industry in such geographic area as may be designated by regulation of the Governor in Council on the recommen dation of the Board,
	the Board may determine that the employees of two or more employers actively engaged in the industry in the geographic area constitute a unit appropriate for collective bargaining and may, subject to this Part, certify a trade union as the bargaining agent for the unit.
Recommenda- tion of Board	(2) No recommendation under paragraph (1)(b) shall be made by the Board unless, on inquiry, it is satisfied that the employers actively engaged in an industry in a particular geographic area obtain their employees from a group of employees the members of which are employed from time to time by some or all of those employers.
	(2) Section 34 of the Act is amended by adding the following after subsection (4):
New represen- tative	(4.1) On application by one or more em ployers of employees in the bargaining unit, the Board may, if it is satisfied that the employer representative is no longer qualified to act in that capacity, revoke the appointment of the employer representative and appoint a new representative.
	(3) Section 34 of the Act is amended by adding the following after subsection (5):
Costs	(5.1) The employer representative may require each employer of employees in the bargaining unit to remit its share of the costs that the employer representative has incurred or estimates will be incurred in fulfilling its duties and responsibilities under this Part and under the terms of the collective agreement.
	17. Section 35 of the Act is replaced by the following:
Board may declare single employer	35. (1) Where, on application by an affected trade union or employer, associated or related federal works, undertakings or businesses are, in the opinion of the Board, operated by two or more employers having common control or direction, the Board may, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employ er and a single federal work, undertaking or business. Before making such a declaration, the Board must give the affected employers and trade unions the opportunity to make representations.
Review of bargaining units	(2) The Board may, in making a declaration under subsection (1), determine whether the employees affected constitute one or more units appropriate for collective bargaining.
	18. (1) Subsection 36(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) the trade union so certified is deemed to be the bargaining agent for the purposes of paragraph 50(b).
	(2) Section 36 of the Act is amended by adding the following after subsection (2):
Limitation	(3) Subsection (2) does not apply to a trade union certified as a result of an application made under section 24.1.
	19. The Act is amended by adding the following after section 36:
Just cause requirement	36.1 (1) During the period that begins on the date of certification and ends on the date on which a first collective agreement is entered into, the employer must not dismiss or disci pline an employee in the affected bargaining unit without just cause.
Arbitration	(2) Where a disagreement relating to the dismissal or discipline of an employee during the period referred to in subsection (1) arises between the employer and the bargaining agent,
	(a) the bargaining agent may submit the disagreement to an arbitrator for final settlement as if it were a difference; and
	(b) sections 57 to 66 apply, with the modifications that the circumstances re quire, to the disagreement.
	20. Subsection 38(5) of the Act is replaced by the following:
No application where strike or lockout	(5) An application under subsection (1) or (3) must not, except with the consent of the Board, be made in respect of the bargaining agent for employees in a bargaining unit during a strike or lockout of those employees that is not prohibited by this Part.
	21. (1) The definition ``sell'' in subsection 44(1) of the Act is replaced by the following:
``sell'' « vente »	``sell'', in relation to a business, includes the transfer or other disposition of the business and, for the purposes of this definition, leas ing a business is deemed to be selling it.
	(2) Subsection 44(1) of the Act is amended by adding the following in alphabetical order: