Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions

Establishment of Conciliation Boards

Marginal note:Composition

  • 81. (1) A conciliation board shall consist of three members appointed in the manner specified in section 82.

  • Marginal note:Eligibility of members

    (2) A person is not eligible to be a member of a conciliation board if the person has a pecuniary interest that may be directly affected by any matter referred to the board.

  • R.S., c. L-1, s. 172;
  • 1972, c. 18, s. 1.
Marginal note:Nomination by parties

  • 82. (1) Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board.

  • Marginal note:Failure to nominate

    (2) Where either party to whom a notice is given pursuant to subsection (1) fails or neglects to nominate a person to be a member of the conciliation board to be established by the Minister within seven days after the receipt by that party of the notice, the Minister shall appoint, as a member of the conciliation board, a person the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed on the nomination of that party.

  • Marginal note:Nomination of chairperson

    (3) The members of a conciliation board appointed under subsection (1) or (2) shall, within five days after the appointment of the second member, nominate a third person, who is willing and ready to act, to be a member and chairperson of the conciliation board, and the Minister shall appoint that person to be a member and chairperson of the conciliation board.

  • Marginal note:Failure to nominate chairperson

    (4) Where the members of a conciliation board appointed under subsection (1) or (2) fail or neglect to nominate a chairperson within five days after the appointment of the second such member, the Minister shall forthwith appoint, as the third member and chairperson of the conciliation board, a person whom the Minister considers qualified to be a member and chairperson of the conciliation board.

  • R.S., 1985, c. L-2, s. 82;
  • 1998, c. 26, ss. 35(E), 59(E).
Marginal note:Notification to parties of establishment of board

83. When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given.

  • 1972, c. 18, s. 1.

General

Marginal note:Powers of board

84. A conciliation commissioner or a conciliation board

  • (a) may determine their own procedure;

  • (b) has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and

  • (c) may authorize any person to do anything described in paragraph 16(b) or (f) that the conciliation commissioner or conciliation board may do and to report to the conciliation commissioner or conciliation board thereon.

  • R.S., 1985, c. L-2, s. 84;
  • 1999, c. 31, s. 156.