2011-c.182 — Labour and Employment Board Act

s. 1 — Definitions

The following definitions apply in this Act. 1994, c.L-0.01, s.1; 1998, c.41, s.69; 2000, c.26, s.175; 2001, c.44, s.22; 2006, c.16, s.98; 2007, c.10, s.54; 2017, c.63, s.31; 2019, c.2, s.82

s. 1 — board

“Board” means the Labour and Employment Board established under this Act. (Commission)

s. 1 — buyers-organization

“buyers’ organization” means a buyers’ organization as defined in the Fisheries Bargaining Act. (organisation d’acheteurs)

s. 1 — chair

“Chair” means the Chair of the Labour and Employment Board. (président)

s. 1 — employee

“employee” includes a fisher as defined in the Fisheries Bargaining Act. (employé)

s. 1 — employer

“employer” includes a buyer as defined in the Fisheries Bargaining Act. (employeur)

s. 1 — fishers-organization

“fishers’ organization” means a fishers’ organization as defined in the Fisheries Bargaining Act. (organisation de pêcheurs)

s. 1 — minister

“Minister” means the Minister of Post-Secondary Education, Training and Labour. (ministre)

s. 2 — Composition of the Board and appointments

1994, c.L-0.01, s.2; 2001, c.44, s.22

s. 2(1) — Composition of the Board and appointments

There shall be a Labour and Employment Board consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council:

s. 2(1)(a) — Composition of the Board and appointments

(a) a Chair, who in the opinion of the Lieutenant-Governor in Council, is not representative of either employers or employees;

s. 2(1)(b) — Composition of the Board and appointments

(b) one or more Vice-Chairs, who in the opinion of the Lieutenant-Governor in Council, are not representative of either employers or employees; and

s. 2(1)(c) — Composition of the Board and appointments

(c) such other members, an equal number of whom, in the opinion of the Lieutenant-Governor in Council, are representative of employers and employees, as the Lieutenant-Governor in Council considers necessary to enable the Board to function effectively.

s. 2(2) — Composition of the Board and appointments

The Lieutenant-Governor in Council shall designate a Vice-Chair as the alternate Chair to act in the absence of the Chair or in the case of a vacancy.

s. 2(3) — Composition of the Board and appointments

A person is not ineligible to hold office as the Chair, a Vice-Chair or other member of the Board

s. 2(3)(a) — Composition of the Board and appointments

(a) because he or she holds other office or employment under the Province, or

s. 2(3)(b) — Composition of the Board and appointments

(b) except in the case of the Chair or a Vice-Chair, because he or she holds an office or employment under or is a member of a trade union, council of trade unions, an employee organization that is a bargaining agent, a fishers’ organization, an employers’ organization or a buyers’ organization.

s. 3 — Terms of office and revocation of appointments

1994, c.L-0.01, s.3

s. 3(1) — Terms of office and revocation of appointments

The Chair shall be appointed for a term not exceeding five years and may be re-appointed.

s. 3(2) — Terms of office and revocation of appointments

Each Vice-Chair and the other members of the Board shall be appointed for a term not exceeding three years and may be re-appointed.

s. 3(3) — Terms of office and revocation of appointments

The appointment of the Chair, a Vice-Chair and the other members of the Board may be revoked by the Lieutenant-Governor in Council for cause.

s. 4 — Remuneration and expenses

The Lieutenant-Governor in Council may determine the remuneration to be paid to the Chair, each Vice-Chair and the other members of the Board and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Board. 1994, c.L-0.01, s.4

s. 5 — Oath or affirmation

1994, c.L-0.01, s.5

s. 5(1) — Oath or affirmation

The Chair, each Vice-Chair and the other members of the Board, before commencing their duties, shall take the following oath or affirmation before a person authorized to administer it:

s. 5(2) — Oath or affirmation

An oath or affirmation taken under subsection (1) shall be filed with the Minister.

s. 6 — Continuation in office

If a member of the Board resigns or the member’s term of office expires or is terminated, the member may carry out and complete the duties or responsibilities and exercise any powers that the member would have had, if the member had not ceased to be a member, in connection with any matter in respect of which there was any proceeding in which the member participated as a member of the Board. 1994, c.L-0.01, s.6

s. 7 — Duties and functions of the Board

1994, c.L-0.01, s.7; 2001, c.44, s.22; 2009, c.E-10.5, s.19; 2017, c.56, s.37

s. 7(1) — Duties and functions of the Board

The Board is responsible for the administration of this Act.

s. 7(2) — Duties and functions of the Board

The Board shall perform the duties and functions required or authorized to be performed by the Board, and may exercise those powers that may be conferred on the Board, under this or any other Act of the Legislature, including but not limited to,

s. 7(2)(a) — Duties and functions of the Board

(a) the Employment Standards Act,

s. 7(2)(b) — Duties and functions of the Board

(b) the Essential Services in Nursing Homes Act,

s. 7(2)(c) — Duties and functions of the Board

(c) the Fisheries Bargaining Act,

s. 7(2)(d) — Duties and functions of the Board

(d) the Industrial Relations Act,

s. 7(2)(d.1) — Duties and functions of the Board

(d.1) the Pooled Registered Pension Plans Act,

s. 7(2)(e) — Duties and functions of the Board

(e) the Pension Benefits Act, and

s. 7(2)(f) — Duties and functions of the Board

(f) the Public Service Labour Relations Act.

s. 7(3) — Duties and functions of the Board

The Board shall perform any other duties and functions that may be required or authorized to be performed by the Board, and may exercise any other powers that may be conferred on the Board, by the Lieutenant-Governor in Council.

s. 8 — Constitution of the Board, panels

1994, c.L-0.01, s.8

s. 8(1) — Constitution of the Board, panels

The Board shall be constituted and shall act, for any particular purpose, in any particular situation and at any particular time, as directed by the Chair, in relation to the particular purpose, situation or time, either

s. 8(1)(a) — Constitution of the Board, panels

(a) as a full Board, or

s. 8(1)(b) — Constitution of the Board, panels

(b) as a panel of the Board consisting of

s. 8(1)(b)(i) — Constitution of the Board, panels

(i) the Chair or a Vice-Chair alone, or

s. 8(1)(b)(ii) — Constitution of the Board, panels

(ii) the Chair or a Vice-Chair, as the chair of a panel, and two other members of the Board equally representative of employees and employers.

s. 8(2) — Constitution of the Board, panels

Two or more panels of the Board may be constituted and may act simultaneously.

s. 8(3) — Constitution of the Board, panels

A panel of the Board constitutes a quorum of the Board.

s. 8(4) — Constitution of the Board, panels

If a panel of the Board consists of more than one person, a decision of the majority of the members of a panel is the decision of the panel, but if there is no majority, the decision of the chair of the panel is the decision of the panel.

s. 8(5) — Constitution of the Board, panels

Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by, a panel of the Board shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by, the Board.

s. 8(6) — Constitution of the Board, panels

Every decision, determination, direction, declaration, order, interim order or ruling of the Board and every appointment made by the Board shall be signed by the Chair or a Vice-Chair, and when purporting to be so signed shall be presumed to have been signed by the person purporting to have signed it, without proof of the appointment, authority or signature of the person purporting to have signed it, and when adduced as evidence in any proceeding, it shall be received and shall constitute, in the absence of evidence to the contrary, proof of its making and of its content.

s. 9 — Duties and functions of Chair and Vice-Chair

1994, c.L-0.01, s.9

s. 9(1) — Duties and functions of Chair and Vice-Chair

The Chair

s. 9(1)(a) — Duties and functions of Chair and Vice-Chair

(a) shall, in his or her discretion, direct that a particular matter required or authorized to be heard, determined or otherwise dealt with by the Board, or any other act or thing required or authorized to be done by the Board, be heard, determined or otherwise dealt with or be done

s. 9(1)(a)(i) — Duties and functions of Chair and Vice-Chair

(i) by the full Board, or

s. 9(1)(a)(ii) — Duties and functions of Chair and Vice-Chair

(ii) by a panel of the Board consisting of

s. 9(1)(b) — Duties and functions of Chair and Vice-Chair

(b) shall hear, determine, or otherwise deal with those matters and do any other acts or things that he or she determines should be heard, determined or otherwise dealt with by the Chair alone or by a panel of which he or she is the chair, and

s. 9(1)(c) — Duties and functions of Chair and Vice-Chair

(c) shall perform any other duties and functions that may be required or authorized to be performed by the Chair, and may exercise any other powers that may be conferred on the Chair, under this or any other Act of the Legislature or by the Lieutenant-Governor in Council.

s. 9(2) — Duties and functions of Chair and Vice-Chair

In exercising his or her discretion under paragraph (1)(a), the Chair shall consider

s. 9(2)(a) — Duties and functions of Chair and Vice-Chair

(a) the nature of the duties and functions required or authorized to be performed by the Board,

s. 9(2)(b) — Duties and functions of Chair and Vice-Chair

(b) the circumstances of the particular matter to be determined, or otherwise dealt with, or the act or thing to be done by the Board,

s. 9(2)(c) — Duties and functions of Chair and Vice-Chair

(c) the representations of the parties, if any, and

s. 9(2)(d) — Duties and functions of Chair and Vice-Chair

(d) any other factors that the Chair considers relevant.

s. 9(3) — Duties and functions of Chair and Vice-Chair

A Vice-Chair

s. 9(3)(a) — Duties and functions of Chair and Vice-Chair

(a) shall hear, determine, or otherwise deal with those matters and do any other acts or things that the Chair directs in accordance with paragraph (1)(a) should be heard, determined or otherwise dealt with by the Vice-Chair alone or by a panel of which he or she is the chair, and

s. 9(3)(b) — Duties and functions of Chair and Vice-Chair

(b) shall perform any other duties and functions that may be required or authorized to be performed by the Vice-Chair, and may exercise any other powers that may be conferred on the Vice-Chair, under this or any other Act of the Legislature or by the Lieutenant-Governor in Council.

s. 10 — Matters involving the construction industry

1994, c.L-0.01, s.9.1

s. 10(1) — Matters involving the construction industry

s. 10 — construction-industry

In this section, “construction industry” means the construction industry as defined in the Industrial Relations Act. (industrie de la construction)

s. 10(2) — Matters involving the construction industry

Despite subsections 9(1) and (2), on the request of a party, the Chair shall direct that the following matters be dealt with by a panel of the Board described in clause 9(1)(a)(ii)(B):

s. 10(2)(a) — Matters involving the construction industry

(a) an application for certification under the Industrial Relations Act that involves the construction industry; and

s. 10(2)(b) — Matters involving the construction industry

(b) any matter required or authorized to be dealt with by the Board in relation to a jurisdictional dispute as to the assignment of work under the Industrial Relations Act that involves the construction industry.

s. 11 — Chief executive officer

1994, c.L-0.01, s.10

s. 11(1) — Chief executive officer

The Lieutenant-Governor in Council may appoint a person who is an employee under the Civil Service Act as chief executive officer of the Board, and until an appointment is made or when there is a vacancy in the office, the Lieutenant-Governor in Council may appoint the Chair or a Vice-Chair as acting chief executive officer.

s. 11(2) — Chief executive officer

The chief executive officer shall perform the duties and functions required or authorized to be performed by the chief executive officer under this or any other Act of the Legislature or as may be required or authorized from time to time by the Board.

s. 12 — Secretary and other officers and employees

1994, c.L-0.01, s.11

s. 12(1) — Secretary and other officers and employees

A Secretary of the Board and any other officers and employees that the Board considers necessary may be appointed under the Civil Service Act.

s. 12(2) — Secretary and other officers and employees

The Secretary of the Board shall perform the duties and functions required or authorized to be performed by the Secretary under this or any other Act of the Legislature or as may be required or authorized by the Board or the chief executive officer.

s. 13 — Office of the Board

The office of the Board shall be in The City of Fredericton, but the Board may sit at any other place that it considers expedient. 1994, c.L-0.01, s.12

s. 14 — Official seal

1994, c.L-0.01, s.13

s. 14(1) — Official seal

The Board shall have an official seal.

s. 14(2) — Official seal

The failure to affix a seal to a decision, determination, direction, declaration, order, interim order or ruling of the Board does not affect the validity of the decision, determination, direction, declaration, order, interim order or ruling or any proceedings in relation to it.

s. 15 — Report of the Board

1994, c.L-0.01, s.14

s. 15(1) — Report of the Board

Each year the Board shall prepare and submit to the Minister a report on the administration of the Act for that year.

s. 15(2) — Report of the Board

The report of the Board shall be included in the annual report of the Minister.