Canada Industrial Relations Board Regulations, 2012 (SOR/2001-520)

PART 1General

Interpretation

1 The following definitions apply in these Regulations.

affidavit

affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit)

application

application includes any application, complaint, question or dispute as defined in section 3 of the Code made or referred to the Board in writing under the Code. (demande)

Code

Code means the Canada Labour Code. (Code)

complaint

complaint includes any complaint filed in writing with the Board under subsection 97(1), 110(3) or 133(1) of the Code. (plainte)

day

day means a calendar day. (jour)

intervenor

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

party

party means any applicant, respondent and intervenor. (partie)

person

person includes an employer, an employers’ organization, a trade union, a council of trade unions, an employee or a group of employees. (personne)

Registrar

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)

reply

reply means the document by which the applicant replies in writing to a response and that is the final step in the application process. (réplique)

response

response means the document by which a respondent responds in writing to an application. (réponse)

Returning Officer

Returning Officer means an individual appointed by the Board to conduct a representation vote. (directeur du scrutin)

Orders

• 2 (1) Only the Chairperson, a Vice-Chairperson, or another member of the Board may sign an order or a decision of the Board, although a Registrar is authorized to sign the decisions referred to in section 3.

• (2) [Repealed, SOR/2011-109, s. 2]

Registrar

3 In addition to processing any matters on behalf of the Board, a Registrar may make binding decisions on uncontested applications on behalf of the Board in respect of

• (a) amendments to certification orders made pursuant to section 18 of the Code, incidental to a change of a party’s name;

• (b) applications for certification pursuant to section 24 of the Code;

• (c) successor rights, privileges and duties under section 43 of the Code;

• (d) change of the name incidental to successor employer applications pursuant to sections 44 to 46 of the Code; and

• (e) withdrawal of any complaint or application prior to its referral by the Chairperson to a panel.

PART 2Rules Applicable to Proceedings

 Commencement of Proceedings

4 A proceeding before the Board is initiated by filing a document in writing in accordance with these Regulations.

5 In any proceeding before the Board, the use of the forms provided by the Board is encouraged but not essential.

Signatures and Authorizations

• 6 (1) An application, response, reply or request to intervene filed with the Board shall be signed as follows:

  • (a) if it is filed by a trade union, a council of trade unions or an employers’ organization, it shall be signed by the president or secretary or two other officers or by any individual authorized by the trade union, the council of trade unions or employers’ organization;

  • (b) if it is filed by an employer, it shall be signed by the employer or by the general manager or chief executive officer or by any individual authorized by the employer; and

  • (c) if it is filed by an employee, it shall be signed by the employee or by any individual authorized by the employee.

• (2) For the purpose of subsection (1), the Board may require that an authorization be given in writing and filed with the Board.

Filing and Service of Documents

• 7 (1) If an application, response, reply, request to intervene or other document is required to be filed with the Board or served on any person, it must be filed or served on the person, the person’s legal counsel or the person’s representative

  • (a) by delivery by hand;

  • (b) by mail at the address for service, as defined in subsection (2);

  • (c) by fax that provides a proof of receipt of the document; or

  • (d) by any other means authorized by the Board.

• (2) For the purpose of subsection (1), address for service means

  • (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

  • (b) in the case of any other person, the person’s address as it appears in any notice issued by the Board in that proceeding, or if no address appears, the latest known address of the person.

• (3) A document that is transmitted by fax must include the following information:

  • (a) the name, address, telephone and fax numbers of the person transmitting the document;

  • (b) the name, address, telephone and fax numbers of the person to whom the document is being transmitted;

  • (c) the date and time of transmission; and

  • (d) the total number of pages being transmitted.

Date of Filing

8 The date of filing of an application, response, reply, request to intervene or any other document with the Board is

• (a) if the document is sent by registered mail, the date it is mailed; and

• (b) in any other case, the date the document is received by the Board.

Computation of time

9 If the time limit for the completion of any task or the filing of any document expires or falls on a Saturday or a holiday, as defined in subsection 35(1) of the Interpretation Act, it is extended to the next day after that.

Applications

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:

• (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, of relevant dates and of grounds for the application;

• (e) a copy of supporting documents;

• (f) the date and description of any order or decision of the Board relating to the application;

• (g) whether a hearing is being requested, and if so, the reasons for the request; and

• (h) a description of the order or decision sought.

Notices of Application

• 11 (1) Subject to subsection (2), the Board shall, on receipt of an application and to the extent possible, give notice of the application in writing to a person whose rights may be directly affected by the application.

• (2) If the rights of employees could be affected by an application, the Board may, in writing, require an employer or a trade union to do one or both of the following:

  • (a) immediately post any notices of the application that are provided by the Board, for the reasonable period that it prescribes, in places where those notices are most likely to come to the attention of the employees who may be affected by the application; and

  • (b) notify the employees who may be affected by the application by any other means set by the Board that ensures that they receive effective notice of the application.

• (3) An employer or a trade union, as the case may be, must provide written confirmation to the Board that it has complied with any requirement prescribed in subsection (2).

• (4) The date on which the employees are deemed to have received notice of the application is the earliest of

  • (a) the day on which the employees are given notice by the Board of the application under subsection (1);

  • (b) the day on which the notice is posted under paragraph (2)(a); and

  • (c) the day on which the employees are notified of the application under paragraph (2)(b).

Responses and Replies

• 12 (1) Any person who makes a response or reply must include the following information in the response or reply:

  • (a) the name, postal and email addresses and telephone and fax numbers of the respondent and of their legal counsel or representative, if applicable;

  • (b) the Board’s file number for the relevant application;

  • (c) full particulars of the facts, relevant dates and grounds for the response or reply;

  • (d) a copy of supporting documents for the response or reply;

  • (e) the person’s position relating to the order or decision sought by the applicant or respondent, as the case may be;

  • (f) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

  • (g) a description of the order or decision sought.

• (2) A response must be filed

  • (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and

  • (b) in the case of any other application, within 15 days of the receipt of notice of the application.

• (3) A reply must be filed within 10 days of the filing of the response.

• (4) A request for an extension of time to file a response or reply must be made in writing to the Board and set out the grounds for the request.

Request to Intervene

• 12.1 (1) Any person who wishes to apply for intervenor status must make a request to intervene in writing that includes

  • (a) the name, postal and email addresses and telephone and fax numbers of the person and of their legal counsel or representative;

  • (b) a description of the person’s interest in the matter including, an explanation of any prejudice that the person would suffer if the intervention were denied and an explanation as to whether their interest is different from that of any other party; and

  • (c) an indication as to how the intervention will assist the Board in furthering the objectives of the Code.

• (2) A request to intervene must be filed

  • (a) in the case of an application for certification, within 10 days of the receipt of notice of the application; and

  • (b) in the case of any other application, within 15 days of the receipt of notice of the application.

• (3) A response to a request to intervene must be filed within 10 days of the receipt of the request.

• (4) A reply must be filed within 5 days of the filing of the response.

• (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

  • (a) the Board’s file number for the relevant application;

  • (b) full particulars of the facts, relevant dates and grounds for the submissions;

  • (c) a copy of supporting documents for the submissions;

  • (d) the intervenor’s position relating to any order or decision sought;

  • (e) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

  • (f) a description of the order or decision sought.

• (6) A response to the intervenor’s submissions on the merits of the case must be filed within 10 days of the filing of the submissions.

• (7) [Repealed, SOR/2014-243, s. 3]

• (8) A request for any extension of time for filing a document under this section must be made in writing to the Board and set out the grounds for the requested extension.

Time for Responding or Replying

13 [Repealed, SOR/2012-305, s. 7]

13.1 [Repealed, SOR/2012-305, s. 7]

Expedited Process

14 An expedited process applies to the following matters:

• (a) applications for interim orders made under section 19.1 of the Code;

• (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;

• (c) referrals to the Board directed by the Minister under section 80, subsection 87.4(5) or section 107 of the Code;

• (d) applications for declaration of an invalid strike or lockout vote made under subsections 87.3(4) and (5) of the Code;

• (e) applications for declaration of unlawful strike or lockout made under sections 91 and 92 of the Code;

• (f) unfair labour practice complaints respecting the use of replacement workers and dismissals for union activities referred to in subsections 94(2.1) and (3) of the Code; and

• (g) complaints respecting a dismissal made under section 133 of the Code.

• 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.

• (2) The application served on a respondent in accordance with subsection (1) constitutes notice to the respondents that a hearing may be held forthwith, at a time and a place to be communicated by the Board.