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

16 A person who wishes to respond, reply to or intervene in an application to which the expedited process applies must do so no later than five days after receiving notice of the application or the response, as the case may be.

17 [Repealed, SOR/2012-305, s. 9]

Interim Orders

• 18 (1) Subject to subsection (2), an application for an interim order under 19.1 of the Code must include an affidavit by an individual having personal knowledge of the alleged facts.

• (2) If an individual does not have personal knowledge of the alleged facts, the individual must state the source of information or belief and the basis for relying on the information received from that source.

• (3) The Board may specify terms of any cross-examination and reply of the deponent.

• (4) Unless the Board specifies otherwise, any interim order is in effect until the matter is finally disposed of by the Board.

Verification of Evidence

19 The Board may at any time require a person who has filed an application, response, reply, request to intervene or other document with the Board to verify by affidavit the contents of that document within the reasonable time specified by the Board.

Consolidation of Proceedings

20 The Board may order, in respect of two or more proceedings, that they be consolidated, heard together or heard consecutively.

Disclosure

• 21 (1) A party that seeks disclosure of relevant documents must request in writing the disclosure directly from the other parties before applying to the Board for an order requiring disclosure.

• (2) [Repealed, SOR/2012-305, s. 10]

• (3) If parties enter into an agreement respecting the disclosure of documents, the Board may order that they file a copy of the agreement with the Board.

• (4) and (5) [Repealed, SOR/2011-109, s. 12]

Confidentiality of Documents

• 22 (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.

• (2) The Board, on its own initiative or at the request of a party, may declare that a document is confidential.

• (3) In determining whether a document is confidential, the Board must consider whether disclosure would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in disclosure.

• (4) If the Board declares that a document is confidential, the Board may

  • (a) order that the document or any part of it not be placed on the public record;

  • (b) order that a version or any part of the document from which the confidential information has been removed be placed on the public record;

  • (c) order that any portion of a hearing, including argument, examination or cross-examination, which deals with the confidential document, be conducted in private;

  • (d) order that the document or any part of it be provided to the parties, or only to their legal counsel or representative, and that the document not be placed on the public record; or

  • (e) make any other order that it considers appropriate.

Exchange of Documents

23 Subject to sections 15, 22 and 34, a person who files a document with the Board in respect of a proceeding must, forthwith, serve a copy of that document on all parties and any other person named in any notice that the person has received and inform the Board of the time and manner of service.

Summons

• 24 (1) Any individual who has been authorized by the Board under paragraph 16(k) of the Code may, in relation to a proceeding before the Board, issue a summons requiring an individual to appear, give evidence under oath and produce documents and things.

• (2) With the exception of a matter to which the expedited process applies, or with the consent of the Board, the summons referred to in subsection (1) must be served no later than five days before the hearing.

Hearing Procedures

25 [Repealed, SOR/2012-305, s. 14]

26 [Repealed, SOR/2011-109, s. 15]

• 27 (1) A party that intends to present evidence must file with the Board six copies or such other number as the Board may specify of the following:

  • (a) all documents on which the party intends to rely as evidence, including any documents filed with the application, response or reply, as the case may be, in one or more tabbed books; and

  • (b) a list of witnesses expected to be called that includes their names and occupations, along with a summary of the information that is expected to be provided on issues raised in the application, response or reply.

• (2) The documents referred to in subsection (1) must be filed

  • (a) no later than ten days before the scheduled date of the hearing, in the case of the applicant; or

  • (b) no later than eight days before that date, in the case of the respondent and the intervenor.

• (3) The documents and information referred to in subsection (1) must be served on all other parties in the applicable time limit as set out in subsection (2).

• (4) If a party does not comply with subsection (1), (2) or (3), the Board may refuse to consider any document or hear any witness tendered by the party at the hearing.

• (5) The Board may require that the party submit to the Board the written authorities and submissions on which the party intends to rely in advance of the hearing.

Notice of Hearing

28 Subject to the provisions of subsection 15(2) respecting an expedited process, the Board must give not less than 15 days notice of a hearing to the parties, unless the parties consent to a shorter notice.

Cancellation, Adjournment and Postponement of Hearings

• 29 (1) In addition to adjourning or postponing a hearing under paragraph 16(l) of the Code, the Board may cancel a hearing.

• (2) If a proceeding has been adjourned without the fixing of a day for a further hearing, the Board shall give notice to the parties upon expiry of six months from the date of adjournment, that the proceedings will be deemed to be withdrawn at the expiry of 15 days after receipt of the notice.

• (3) A party may request that a proceeding be resumed by providing written reasons to the Board for the request within 15 days after receipt of the notice.

29.1 If a matter has been dormant for more than 12 months, the Board may send a notice to all of the parties requiring them to show cause why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn.

PART 3Applications Relating to Bargaining Rights

Evidence of Employees’ Wishes

30 In any application relating to the certification of a bargaining agent

• (a) the membership of an employee in a trade union is evidence that the employee wishes to be represented by the trade union as that employee’s bargaining agent; and

• (b) the membership in a trade union of a majority of employees in a unit appropriate for collective bargaining is evidence that the majority of the employees in the bargaining unit wish to be represented by the trade union as their bargaining agent.

Evidence of Membership in a Trade Union

• 31 (1) In any application relating to bargaining rights, the Board may accept as evidence of membership in a trade union evidence that a person

  • (a) has signed an application for membership in the trade union; and

  • (b) has paid at least five dollars to the trade union for or within the six-month period immediately before the date on which the application was filed.

• (2) In an application relating to paragraph 44(3)(c) of the Code, the Board may accept as membership in a trade union the same evidence as required by the laws or regulations of the province where the application originated.

Representation Votes

• 32 (1) If the Board orders a representation vote to be taken, the Board shall appoint a Returning Officer to conduct the vote.

• (2) The Returning Officer may give directions to ensure the proper conduct of the vote and shall report the results of the vote to the Board.

• (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.

Applications Respecting Bargaining Rights

33 An application respecting bargaining rights 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) a description of the general nature of the employer’s business;

• (d) the address of the employer’s establishments affected by the application;

• (e) a reference to the provision of the Code under which the application is being made;

• (f) full particulars of the facts, relevant dates and grounds for the application;

• (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) a description of any existing bargaining units that may be affected by the application and the details of any certification order;

• (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for such units or is otherwise affected by the application;

• (k) if applicable, the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;

• (l) a description of the proposed bargaining unit;

• (m) the number of employees in the existing or proposed bargaining unit;

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

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

Applications for Certification

34 In addition to the information required for an application made under section 33, an application for certification must include a separate and confidential statement of the number of employees in the proposed bargaining unit that the applicant claims to represent as members of a trade union or of a council of trade unions.

Confidentiality of Employees’ Wishes

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.

Applications for Revocation of Bargaining Rights and Related Matters

• 36 (1) In addition to the information required for an application made under section 33, an application made by an employee under section 38 of the Code must include a separate and confidential statement, signed by each employee whom the applicant claims to represent, stating that they do not wish to be represented by the bargaining agent and authorizing the applicant to act on their behalf.

• (2) The statement described in subsection (1) shall show the printed name, the date on which each employee signed the statement, and that date shall be not more than six months before the date on which the application is filed.

Applications for Revocation for Fraud

37 An application made under subsection 40(1) of the Code must include

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

• (b) the name, postal and email address and telephone and fax numbers of any employer or trade union that may be affected by the application;

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

• (d) a copy of supporting documents for the application;

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

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

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

• (h) full particulars of the acts constituting the alleged fraud, including when and how those acts became known to the applicant.

Subsequent Applications for Certification and Revocation

38 A trade union or council of trade unions shall not file a new application for certification in respect of the same or substantially the same bargaining unit until six months have elapsed from the date on which its previous application was rejected.

39 Any employee shall not file a new application for revocation of certification in respect of the same bargaining unit until six months have elapsed from the date on which a previous application was rejected.

PART 4Unfair Labour Practice Complaints

• 40 (1) A complaint must include

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

  • (b) the name, postal and email addresses and telephone and fax numbers of any person who may be affected by the complaint;

  • (c) a reference to the provision of the Code under which the complaint is being made;

  • (d) full particulars of the facts, relevant dates and grounds for the complaint;

  • (e) a copy of supporting documents for the complaint;

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

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

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

  • (i) the date on which the complainant knew of the action or circumstances giving rise to the complaint; and

  • (j) particulars of the measures taken, if any, to have the complaint referred to arbitration under a collective agreement or the reasons why the arbitration did not take place.

• (2) A complaint in which a violation of paragraph 95(f) or (g) of the Code is alleged must describe the manner in which the conditions set out in subsection 97(4) of the Code have been met.