Canada Labour Code

Marginal note:Regulations

15 The Board may make regulations of general application respecting

• (a) the establishment of rules of procedure for its pre-hearing proceedings and hearings;

• (a.1) the use of means of telecommunication that permit the parties and the Board or its members to communicate simultaneously for pre-hearing conferences, hearings and Board meetings;

• (b) the determination of units appropriate for collective bargaining;

• (c) the certification of trade unions as bargaining agents for bargaining units;

• (d) the conduct of representation votes;

• (e) the specification of the period of time after which the Board may receive an application from a trade union for certification as the bargaining agent for a unit where the Board has refused an application from the trade union for certification in respect of the same or substantially the same unit;

• (f) the specification of the period of time after which the Board may receive an application from an employee for revocation of a trade union’s certification as the bargaining agent for a unit where the Board has refused an application for revocation in respect of the same unit;

• (g) the hearing or determination of any application, complaint, question, dispute or difference that may be made or referred to the Board;

• (g.1) an expeditious procedure and matters that may be determined under that procedure;

• (h) the forms to be used in respect of any proceeding that may come before the Board;

• (i) the time within which and the circumstances under which the Board may exercise its powers under section 18;

• (j) any inquiry that the Board may make under subsection 34(2);

• (k) the form in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;

• (l) the specification of the time within which and the parties or persons to whom notices and other documents shall be sent and the circumstances in which such notices or other documents shall be deemed to have been given or received by the Board or any party or person;

• (m) the determination of the form in which and the period during which evidence as to

  • (i) the membership of any employees in a trade union,

  • (ii) any objection by employees to the certification of a trade union, or

  • (iii) any signification by employees that they no longer wish to be represented by a trade union

  shall be presented to the Board on an application made to it pursuant to this Part;

• (n) the criteria for determining whether an employee is a member of a trade union;

• (o) the circumstances in which evidence referred to in paragraph (m) may be received by the Board as evidence that any employees wish or do not wish to have a particular trade union represent them as their bargaining agent, including the circumstances in which the evidence so received by the Board may not be made public by the Board;

• (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 Administrative Tribunals Support Service of Canada to make decisions on uncontested applications or questions; and

• (q) such other matters and things as may be incidental or conducive to the proper performance of the duties of the Board under this Part.