S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 130.3 Disposition versions

2016-01-01

130.3. The arbitrator shall determine the procedure for the hearing, taking into account the established principles of natural justice and the exercise of the powers stipulated in Division III of Chapter IV of the Labour Code (chapter C-27), subject to the provisions of this chapter.

Notwithstanding section 100.6 of the Labour Code, the Minister cannot be called by subpoena as a witness. The Minister may intervene at any time of his or her own motion in any disagreement.

The arbitrator shall notify the parties at least 10 days before the date of the first hearing.

If the duly summoned representative of a party is not present, the arbitrator may evertheless proceed with the hearing.

The arbitrator shall ensure that the request for arbitration was made within the prescribed time frame, shall check that the steps taken by the employer in the decision-making process were in conformity with the law and this Regulation, and shall judge the admissibility and nature of the disagreement.

The arbitrator shall receive the observations of the parties and take the disagreement under advisement. Where applicable, each party shall send a written copy of its observations to the other party.

T.B. 196312, s. 75; M.O. 2013-006, s. 7; I.N. 2016-01-01 (NCCP).

2013-07-03

130.3. The arbitrator shall determine the procedure for the hearing, taking into account the established principles of natural justice and the exercise of the powers stipulated in Division III of Chapter IV of the Labour Code (chapter C-27), subject to the provisions of this chapter.

Notwithstanding section 100.6 of the Labour Code, the Minister cannot be assigned to appear as a witness. The Minister may intervene at any time of his or her own motion in any disagreement.

The arbitrator shall notify the parties at least 10 days before the date of the first hearing.

If the duly summoned representative of a party is not present, the arbitrator may evertheless proceed with the hearing.

The arbitrator shall ensure that the request for arbitration was made within the prescribed time frame, shall check that the steps taken by the employer in the decision-making process were in conformity with the law and this Regulation, and shall judge the admissibility and nature of the disagreement.

The arbitrator shall receive the observations of the parties and take the disagreement under advisement. Where applicable, each party shall send a written copy of its observations to the other party.

T.B. 196312, s. 75; M.O. 2013-006, s. 7.

2012-09-01

130.3. The arbitrator shall determine the procedure for the hearing, taking into account the established principles of natural justice and the exercise of the powers stipulated in Division III of Chapter IV of the Labour Code (chapter C-27), subject to the provisions of this chapter.

Notwithstanding section 100.6 of the Labour Code, the Minister cannot be assigned to appear as a witness.

The arbitrator shall notify the parties at least 10 days before the date of the first hearing.

If the duly summoned representative of a party is not present, the arbitrator may evertheless proceed with the hearing.

The arbitrator shall ensure that the request for arbitration was made within the prescribed time frame, shall check that the steps taken by the employer in the decision-making process were in conformity with the law and this Regulation, and shall judge the admissibility and nature of the disagreement.

The arbitrator shall receive the observations of the parties and take the disagreement under advisement. Where applicable, each party shall send a written copy of its observations to the other party.

T.B. 196312, s. 75.