1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-19

An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. L-2; R.S., cc. 9, 27 (1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41; 1996, cc. 10, 11, 12, 18, 31, 32; 1997, c. 9

CANADA LABOUR CODE

1. The definitions ``Board'', ``conciliation board'' and ``conciliation commissioner'' in subsection 3(1) of the Canada Labour Code are replaced by the following:

``Board''
« Conseilts»

``Board'' means the Canada Industrial Relations Board established by section 9;

``conciliation board''
« commission de conciliation »

``conciliation board'' means a board established by the Minister under paragraph 72(1)(c);

``conciliation commissioner ''
« commissaire -conciliateurts »

``conciliation commissioner'' means a person appointed by the Minister under paragraph 72(1)(b);

2. The headings before section 9 and sections 9 to 14 of the Act are replaced by the following:

DIVISION II

CANADA INDUSTRIAL RELATIONS BOARD

Establishment and Organization

Establishment of Board

9. (1) A board is established, to be known as the Canada Industrial Relations Board.

Composition of Board

(2) The Board is composed of

    (a) a Chairperson, to hold office on a full-time basis;

    (b) two or more Vice-Chairpersons, to hold office on a full-time basis, and any other Vice-Chairpersons, to hold office on a part-time basis, that the Governor in Council considers necessary to discharge the responsibilities of the Board;

    (c) not more than six other members, of which not more than three represent employees, and of which not more than three represent employers, to hold office on a full-time basis;

    (d) any other part-time members, representing, in equal numbers, employees and employers, that the Governor in Council considers necessary to discharge the responsibilities of the Board; and

    (e) any other part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Part II.

Appointment of Chairperson and Vice-Chairper sons

10. (1) The Chairperson and Vice-Chairpersons of the Board are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding five years each, subject to removal by the Governor in Council at any time for cause.

Appointment of other members

(2) Subject to subsection (3), the members of the Board other than the Chairperson and the Vice-Chairpersons are to be appointed by the Governor in Council on the recommendation of the Minister after consultation by the Minister with the organizations representative of employees or employers that the Minister considers appropriate, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

Exception

(3) The members of the Board appointed pursuant to paragraph 9(2)(e) are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

Requirement for appointment

(4) The members of the Board must be Canadian citizens or permanent residents within the meaning of the Immigration Act.

Chairperson and Vice-Chairper sons

(5) The Chairperson and Vice-Chairpersons must have experience and expertise in industrial relations.

Residence of members

10.1 The full-time members of the Board must reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance from the National Capital Region that is determined by the Governor in Council.

Full-time occupation

11. (1) The full-time members of the Board must not hold any other employment or office in respect of which they receive any remuneration.

Part-time occupation

(2) A part-time Vice-Chairperson, or a member appointed pursuant to paragraph 9(2)(e), must not hold any other employment or office in respect of which they receive any remuneration and that is inconsistent with their duties under this Act.

Reappointmen t

12. (1) A member of the Board is eligible for reappointment on the expiration of any term of office in the same or another capacity.

Completion of duties

(2) Where a member of the Board ceases to be a member of the Board for any reason other than removal, the member may, despite anything in this Part, at the request of the Chairperson, carry out and complete any duties or responsibilities that the member would otherwise have had if the member had not ceased to be a member, in connection with any matter that came before the Board while the member was still a member of the Board and in respect of which there was any proceeding in which the member participated as a member.

Chief executive officer

12.01 (1) The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work of the Board, including

    (a) the assignment and reassignment of matters that the Board is seized of to panels;

    (b) the composition of panels and the assignment of Vice-Chairpersons to preside over panels;

    (c) the determination of the date, time and place of hearings;

    (d) the conduct of the work of the Board;

    (e) the management of the Board's internal affairs; and

    (f) the duties of the staff of the Board.

Delegation

(2) The Chairperson may delegate to a Vice-Chairperson any of the Chairperson's powers, duties and functions under subsection (1).

Delegation to staff member

(3) The Chairperson may delegate to a member of the staff of the Board any of the Chairperson's powers, duties and functions under paragraph (1)(e) or (f).

Meetings

12.02 (1) The Chairperson convenes and presides over any meeting of the Board concerning the making of regulations under section 15.

Quorum

(2) For the purposes of subsection (1), five persons, namely, the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers, constitute a quorum.

Equal representation

(3) At a meeting referred to in subsection (1) at which there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on any matter and who represent employers and employees respectively.

Acting Chairperson

12.03 If the Chairperson of the Board is absent or unable to act or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister acts as Chairperson for the time being, and a Vice-Chairperson so designated has and may exercise all the powers and perform all the duties and functions of the Chairperson.

Remuneration

12.04 (1) The full-time members of the Board shall be paid any remuneration, and the part-time members of the Board and members of the Board carrying out duties and responsibilities under subsection 12(2) shall be paid any fees, that may be fixed by the Governor in Council.

Travel and living expenses

(2) The members of the Board are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members and members carrying out duties and responsibilities under subsection 12(2), their ordinary place of residence.

Compensation

12.05 Each member of the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Inquiries

12.06 The Chairperson may request the Minister to decide whether any member of the Board should be subject to remedial or disciplinary measures for any reason set out in paragraphs 12.14(2)(a) to (d).

Measures

12.07 On receipt of the request, the Minister may take one or more of the following measures:

    (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

    (b) refer the matter for mediation, where the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

    (c) request the Governor in Council to have an inquiry held under section 12.08; or

    (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this section.

Appointment of inquirer

12.08 On receipt of a request referred to in paragraph 12.07(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct the inquiry.

Powers

12.09 The judge has all the powers, rights and privileges that are vested in a superior court, including the power

    (a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry; and

    (b) to administer oaths and examine any person on oath.

Staff

12.1 The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Inquiry in public

12.11 (1) Subject to subsections (2) and (3), an inquiry must be conducted in public.

Confidentialit y of inquiry

(2) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that

    (a) there is a real and substantial risk that matters involving public security will be disclosed;

    (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

Confidentialit y of application

(3) Where the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (2).

Rules of evidence

12.12 (1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

Intervenors

(2) An interested party may, with leave of the judge, intervene in an inquiry on the terms and conditions that the judge considers appropriate.

Right to be heard

12.13 The member who is the subject of the inquiry must be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and must be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

Report to Minister

12.14 (1) After an inquiry has been completed, the judge shall submit a report containing the judge's findings and recommendations, if any, to the Minister.

Recommendat ions

(2) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the opinion of the judge, the member

    (a) has become incapacitated from the proper execution of that office by reason of infirmity;

    (b) has been guilty of misconduct;

    (c) has failed in the proper execution of that office; or

    (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.

Transmission of report to Governor in Council

12.15 Where the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council, who may, where the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

Head office

13. The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act but the Board may establish any other offices elsewhere in Canada that the Chairperson considers necessary for the proper performance of the Board's mandate.

Staff

13.1 The employees who are necessary for the proper conduct of the work of the Board are to be appointed in accordance with the Public Service Employment Act.

Panels

14. (1) Subject to subsection (3), a panel of not less than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board under this Part.

Equal representation

(2) Where a panel formed under subsection (1) is composed of one or more members representing employees, an equal number of members representing employers must also form part of the panel and vice versa.

Exception - single member

(3) The Chairperson or a Vice-Chairperson may alone determine a matter that comes before the Board under this Part with respect to

    (a) an uncontested application or question;

    (b) a question referred to in paragraph 16(p);

    (c) a complaint made under subsection 97(1) in respect of an alleged contravention of section 37 or 69 or any of paragraphs 95(f) to (i);

    (d) a request for an extension of time for instituting a proceeding;

    (e) a preliminary proceeding; or

    (f) any other matter, if the Chairperson determines that it is appropriate because of the possibility of prejudice to a party, such as undue delay, or if the parties consent to a determination by the Chairperson or a Vice-Chairperson.

Where Chairperson or Vice-Chairper son determines alone

(4) A Chairperson or Vice-Chairperson making a determination under subsection (3) is deemed to be a panel for the purposes of this Part.

Powers, rights and privileges

(5) A panel has all the powers, rights and privileges that are conferred on the Board by this Part with respect to any matter assigned to the panel under this Part.