1(1)These Rules may be cited as the Rules of Procedure of the Labour and Employment Board - Fisheries Bargaining Act.

1(2)In these Rules, unless the context otherwise requires,

1(3)Where a period of time is prescribed by these Rules and expressed as a number of days, the period shall be computed as the number of days expressed exclusive of holidays and Sundays.

1(4)Where a time is prescribed by these Rules for any proceeding or for the doing of any act and the time expires or falls upon a holiday or Sunday, the time so limited extends to, and such thing may be done on, the day next following which is not a holiday or Sunday.

4(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-2002, provided by the Board.

4(2)The Chief Executive Officer shall serve the respondent with:

5(1)Where an applicant or an intervener has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Chief Executive Officer receives a statement of desire to make representations in opposition to the early application, or where an early application is opposed in a reply or intervention, or where the Board so directs, the Chief Executive Officer shall serve the applicant, the respondent, the intervener and the fisherman or representative of a group of fishermen named in the statement of desire with a notice of hearing on the request for consent in Form 50-2069, provided by the Board.

5(2)Where an applicant has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Board has granted consent to the early application, the Chief Executive Officer shall

7(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning membership documents in Form 50-2009, provided by the Board.

7(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

7(3)A declaration concerning membership documents may be made by any officer of the applicant as prescribed in Form 50-2009, provided by the Board.

8(1)A respondent shall file a reply in quadruplicate in Form 50-2010, provided by the Board, not later than the terminal date for the application and the reply shall be accompanied by a copy of any existing or recently expired collective agreement that is or was recently binding upon the respondent in the bargaining unit claimed by either the applicant or the respondent to be appropriate.

8(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

8(3)A verification of a list of fishermen shall be signed in accordance with section 110 of the Act.

9(1)The Chief Executive Officer shall serve upon any fishermen’s organization or council of fishermen’s organizations named in the application or reply as claiming, or known to him as claiming, to be the bargaining agent of or to represent any fishermen who may be affected by the application a copy of the application and a notice of application in Form 50-2011, provided by the Board.

9(2)The Chief Executive Officer shall serve upon any buyers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any buyer who may be affected by the application a copy of the application and a notice of application in Form 50-2011, provided by the Board.

9(3)A notice of application in Form 50-2011, provided by the Board, shall set out a request for consent to an early application, a request for a pre-hearing representation vote, a notice of hearing on a request for consent to an early application, a notice of filing of documents where the applicant is a council of fishermen’s organizations and a notice for intervention, as the case may be.

10(1)A fishermen’s organization, a council of fishermen’s organizations or a buyers’ organization that is served with a notice of application or that claims to be the bargaining agent of any fishermen or to represent any buyer, as the case may be, who may be affected by the application, shall file its intervention, if any, in quadruplicate in Form 50-2012, provided by the Board, not later than the terminal date for the application and, if it fails so to file such intervention, it may be deemed by the Board to have abandoned any claim to represent any of the fishermen or buyers, as the case may be, who may be affected by the application.

10(2)Where a fishermen’s organization, council of fishermen’s organizations or buyers’ organization referred to in subsection (1) is or was recently a party to or bound by a collective agreement affecting the application or intervention, it shall file with the intervention a copy of the collective agreement.

10(3)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

11(1)A fishermen’s organization or council of fishermen’s organizations desiring certification as bargaining agent of fishermen who may be affected by the application shall file an intervener’s application for certification in quadruplicate in Form 50-2013, provided by the Board, not later than the terminal date for the application and the intervener’s application shall be accompanied by a declaration concerning membership documents in Form 50-2009, provided by the Board.

11(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

11(3)Section 2 does not apply to an intervener’s application.

11(4)Where the Board so directs, the Chief Executive Officer shall serve the buyer or buyers’ organization with notices of the intervener’s application for posting.

12(1)Where the applicant that has filed an application for certification or where the intervener that has filed an intervener’s application for certification is a council of fishermen’s organizations, it shall file with the Chief Executive Officer, at the time the application or intervention is filed, the documents upon which it intends to rely to satisfy the Board that each of the fishermen’s organizations that is a constituent organization of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

12(2)Where the intervener that has filed an intervener’s application is a buyers’ organization, it shall file with the Chief Executive Officer, at the time the intervention is made, the documents upon which it intends to rely to satisfy the Board that it represents a buyer affected by the application or that it has an interest in this application.

14(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-2002, provided by the Board.

14(2)The Chief Executive Officer shall serve the respondent with:

14(3)The Chief Executive Officer shall serve the buyer with an appropriate number of notices of application in Form 50-2016, provided by the Board, for posting.

14(4)The Chief Executive Officer shall serve a buyers’ organization named in the application or reply as claiming to represent any buyer who may be affected by the application with a copy of the application and a notice of application and of hearing in Form 50-2015, provided by the Board.

16(1)Where an application within section 13 is made by a person other than the buyer, the Chief Executive Officer shall serve the buyer with a copy of the application and with a notice of application and of hearing in Form 50-2018, provided by the Board.

16(2)A buyer, upon whom a copy of an application and a notice of application and of hearing are served, shall file his intervention, if any, in quadruplicate in Form 50-2012, provided by the Board, not later than the terminal date for the application.

16(3)A buyers’ organization, upon whom a copy of an application and a notice of application and of hearing are served, shall file its intervention, if any, in quadruplicate in Form 50-2012, provided by the Board, not later than the terminal date for the application.

17(1)A respondent and an intervener shall file with the reply or intervention a copy of any existing or recently expired collective agreement that is or was recently binding upon the respondent or intervener affecting the fishermen in the bargaining unit.

17(2)Where an application is made under subsection 21(1) or (2) or section 23 or 24 of the Act, the Chief Executive Officer, as directed by the Board, shall serve upon the respondent or on a buyer who is an applicant, or both, a notice in Form 50-2069, provided by the Board, prescribing a date for the return of membership lists or fisherman lists, as the case may be, setting out such particulars as may be directed in the notice.

17(3)Where a fishermen’s organization, council of fishermen’s organizations, buyer or buyers’ organization served with a notice of application does not file a reply or intervention, as the case may be, it may be deemed by the Board to have abandoned its claim to represent any of the fishermen or buyers, as the case may be, affected by the application and the Board may dispose of the application without further notice to such fishermen’s organization, council of fishermen’s organizations, buyer or buyers’ organization.

17(4)Where a respondent or a buyer served with a notice under subsection (2) does not make a return in accordance with the subsection, the Board may dispose of an application under section 23 or 24 of the Act on the evidence before it without further notice to the respondent or buyer, as the case may be.

19(1)The Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-2020, provided by the Board, upon:

19(2)The Chief Executive Officer shall serve the buyer with an appropriate number of notices of application in Form 50-2021, provided by the Board, for posting.

21(1)Where a party requests a hearing by the Board of an application under section 18, he shall set out in the application or reply, as the case may be, a concise statement of:

21(2)Any fisherman or group of fishermen affected by an application under section 18 who desires to make representations in opposition to the application shall file a statement of desire as prescribed in Form 50-2021, provided by the Board, not later than the terminal date for the application.

21(3)Where no reply has been filed as required by section 20 and no statement of desire to make representations has been filed in the form and manner required by subsection (2), or any such reply or statement that has been filed does not state that a party, fisherman or representative of a group of fishermen, or a fishermen’s organization or council of fishermen’s organizations or buyer or buyers’ organization desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to any party or to the fishermen or to the fishermen’s organization, council of fishermen’s organizations, buyer or buyers’ organization.

21(4)Where a party or a fisherman or the representative of a group of fishermen, or of a fishermen’s organization or council of fishermen’s organizations, or a buyer or buyers’ organization requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such fisherman or representative of a group of fisherman with a notice of hearing in Form 50-2008, provided by the Board.

23(1)The Chief Executive Officer shall serve the respondent, any fishermen’s organization, council of fishermen’s organizations, buyer or buyers’ organization named in the application as affected by the application and the buyer who it is claimed has sold his business with:

23(2)The Chief Executive Officer shall serve the person to whom it is claimed the business has been sold with an appropriate number of notices of application in Form 50-2025, provided by the Board, for posting.

23(3)The Chief Executive Officer shall serve the applicant with a notice of hearing in Form 50-2008, provided by the Board.

24(1)The respondent shall file a reply in quadruplicate in Form 50-2026, provided by the Board, not later than the terminal date for the application.

24(2)Any other fishermen’s organization, council of fishermen’s organizations, or buyer, or buyers’ organization or other person served under section 23 with a notice of application and of hearing shall file an intervention in quadruplicate in Form 50-2027, provided by the Board, not later than the terminal date for the application.

24(3)Where no reply or intervention is filed in accordance with this section, the Board may dispose of the application on the evidence before it without further notice to the person failing to make a reply or intervention, as the case may be.

25(1)Any fisherman or group of fishermen affected by an application under section 22 who desires to make representations in connection with the application shall file a statement of desire to make representations and such statement shall:

25(2)Where no statement of desire to make representations has been filed in the form and manner required in subsection (1), the Board may dispose of the application upon the material before it without further notice to the employees.

26(1)An application for a declaration that a boycott is unlawful shall be made in quadruplicate in Form 50-2028 or 50-2029 provided by the Board, as the case may be.

26(2)Section 2 does not apply to an application under subsection (1).

27(1)The Chief Executive Officer shall serve each respondent with:

27(2)The Chief Executive Officer shall serve any buyer or buyers’ organization named in an application, or any fishermen’s organization or council of fishermen’s organizations known to him as claiming an interest in the application, with:

29(1)An application for consent to institute a prosecution under section 92 of the Act shall be made in quadruplicate in Form 50-2032, provided by the Board.

29(2)Section 2 does not apply to an application under subsection (1).

29(3)The Chief Executive Officer shall serve each respondent with:

31(1)An application made under section 20, subsection 21(9), 29(3), 42(3), 44(3), 46(5), 48(1), 49(9) or 87(3) of the Act shall be made in quadruplicate in Form 50-2035, provided by the Board.

31(2)Section 2 does not apply to an application under subsection (1).

31(3)The Chief Executive Officer shall serve the buyer and each person named in the application as affected by the application with a copy of the application and a notice of application in Form 50-2036, provided by the Board, as the case may be.

31(4)The Chief Executive Officer shall provide the buyer with an appropriate number of notices of application in Form 50-2037, provided by the Board, for posting.

32(1)A person served with a copy of the application and a notice of application under subsection 31(3), or that claims to be affected by the application, shall file his reply or intervention, if any, in quadruplicate in Form 50-2038, provided by the Board, not later than the terminal date for the application and if he fails to file such reply or intervention, he may be deemed by the Board to have abandoned its interest in respect to the application.

32(2)Where a fishermen’s organization, council of fishermen’s organizations, buyer or buyers’ organization within subsection 31(1) claims to be a party to or bound by an existing or recently expired collective agreement affecting the application, it shall file with its application, reply or intervention a copy of the collective agreement.

32(3)Where an applicant, a respondent, an intervener or a fisherman or the representative of a group of fishermen requests a hearing on an application, a reply, an intervention or in a statement of desire, as the case may be, filed not later than the terminal date prescribed, in accordance with the form and manner prescribed or where the Board so directs, the Chief Executive Officer shall serve on each such person a notice of hearing in Form 50-2008, provided by the Board.

33(1)A complaint that a fishermen’s organization has failed upon request to furnish a member with a copy of the audited financial statement of its affairs, as specified in section 114 of the Act, shall be made in quadruplicate in Form 50-2039, provided by the Board.

33(2)Section 2 does not apply to a complaint under subsection (1).

33(3)The Chief Executive Officer shall serve the fishermen’s organization with a copy of the complaint and a notice of complaint in Form 50-2040, provided by the Board.

37(1)Where a complaint is filed under section 36, the Chief Executive Officer may refer the complaint to the Board or cause an inquiry to be made under subsection 86(2) of the Act.

37(2)Section 2 does not apply to a complaint made under section 36.

37(3)Where a complaint is referred to the Board or an inquiry is caused to be held, the Chief Executive Officer shall deliver a copy of the complaint to:

37(4)Where a person is appointed to inquire into a complaint, notice of the name of the person so appointed and of the date and place of the inquiry shall be served in Form 50-2044, provided by the Board, on the persons referred to in subsection (3).

37(5)Where an inquiry is to be made by the Chief Executive Officer, notice of the date and place of the inquiry shall be served in Form 50-2044, provided by the Board, on the persons referred to in subsection (3).

37(6)Where a complaint is referred to the Board under subsection (1), the Chief Executive Officer shall serve the complainant with a notice of hearing in Form 50-2008, provided by the Board, and shall serve each of the persons referred to in subsection (3) with a notice of the hearing in Form 50-2044, provided by the Board.

37(7)Where an inquiry is to be held by the Chief Executive Officer or by a person appointed by him, the Chief Executive Officer shall serve the complainant in Form 50-2044, provided by the Board, with the particulars expressed in subsection (4) or (5), as may be applicable.

38(1)The person against whom the complaint is made shall file his reply, if any, in quadruplicate in Form 50-2045, provided by the Board, not later than the sixth day after

38(2)A person, other than the person against whom the complaint is made, who has been served with a copy of the complaint and notice of hearing, shall file his intervention, if any, in quadruplicate in Form 50-2046, provided by the Board, not later than the sixth day after

38(3)The Chief Executive Officer shall refer a copy of the reply or intervention made under subsection (1) or (2) to the person authorized to make an inquiry.

39(1)The Chief Executive Officer shall serve a copy of the report of an inquiry within subsection 37(7) together with a notice of the report in Form 50-2047, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.

39(2)Where the report of an inquiry within subsection (1) includes a report of a settlement of the matters in issue and where the Board has decided that it is unnecessary to proceed with an inquiry before the Board, the Chief Executive Officer shall serve a copy of the report of the inquiry together with a notice that the Board intends to terminate the inquiry in Form 50-2047, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.

39(3)Any person served with a notice of the report of an inquiry who desires to make representations concerning the report or a disposition proposed shall file a reply in Form 50-2048, provided by the Board, not later than the sixth day after

39(4)Where the Chief Executive Officer receives a statement of desire to make representations in the form and manner required in this section or where the Board so directs, the Chief Executive Officer shall serve the complainant and each of the persons served with the complaint with a notice of hearing by the Board in Form 50-2008, provided by the Board.

40(1)Where the Board has directed an inquiry or further inquiry pursuant to subsection 86(2) of the Act, or directed an inquiry under subsection 86(3) of the Act, the Chief Executive Officer shall notify the complainant and any person referred to in subsection 37(3) of the direction or inquiry in Form 50-2044, provided by the Board.

40(2)Subsections 37(4) to (7) inclusive and section 38 apply, as may be applicable, to a direction or inquiry under subsection (1).

42(1)A referral of a complaint to the Board made under section 87 of the Act may be made in Form 50-2050, provided by the Board.

42(2)Where a complaint within subsection (1) is referred to the Board, the Chief Executive Officer shall serve

42(3)A person served with a notice of referral in Form 50-2051, provided by the Board, shall file a reply in quadruplicate in Form 50-2052, provided by the Board.

42(4)Where the Chief Executive Officer receives a request for a hearing on the referral or where the Board so directs, the Chief Executive Officer shall serve each of the persons who has filed a reply in accordance with subsection (3) with a notice of hearing in Form 50-2008, provided by the Board, and, as the Board directs, shall serve such notice on any person served with a notice of referral.

42(5)Section 2 does not apply to a referral under this section.

44(1)A referral to the Board made under subsection 75(3) or (4) of the Act or under subsection 76(4) or (5) of the Act shall be made in quadruplicate in Form 50-2054, provided by the Board.

44(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-2055, provided by the Board, on each person named in the referral as affected by the referral.

44(3)The Chief Executive Officer shall serve the buyer with an appropriate number of notices of the referral in Form 50-2056, provided by the Board, for posting.

44(4)A person served under subsection (2) shall file a reply in quadruplicate in Form 50-2057, provided by the Board, not later than the terminal date for the referral.

44(5)Where no reply has been filed as required in subsection (4) and no statement of desire to make representations has been filed in the form and manner prescribed in subsection (3), or any such reply or statement that has been filed does not state that the party, fisherman or representative of a group of fishermen desires a hearing before the Board, the Board may dispose of the referral upon the material before it without further notice to the party, the fisherman or representative of a group of fishermen.

44(6)Where a party or a fisherman or the representative of a group of fishermen requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such fisherman or representative of a group of fishermen with a notice of hearing in Form 50-2008, provided by the Board.

44(7)Section 2 does not apply to a referral under this section.

45(1)A question under section 103 of the Act may be referred to the Board in Form 50-2058, provided by the Board.

45(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-2051, provided by the Board, on each person named in the referral as affected by the referral.

45(3)A person served with a notice under subsection (2) shall file a reply in quadruplicate in Form 50-2052, provided by the Board, not later than the terminal date fixed for the referral.

45(4)Where no reply has been filed as required in subsection (3), or any such reply that has been filed does not state that the person desires a hearing before the Board, the Board may dispose of the question referred upon the material before it without further notice to the party.

45(5)Where a party requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties with a notice of hearing in Form 50-2008, provided by the Board.

45(6)Section 2 does not apply to a referral under this section.

46(1)In this section

46(2)An examiner shall file his report immediately upon its completion and, where the Board so directs, the Chief Executive Officer shall serve upon each of the parties to the proceeding, and upon any fisherman or representative of a group of fishermen who appeared at the proceedings, a copy of the report and a notice of the report in Form 50-2059, provided by the Board.

46(3)Any person who is served with a notice of the report and desires to make representations concerning the report shall file a statement of desire as prescribed in Form 50-2059, provided by the Board, not later than the sixth day after

46(4)Where no statement of desire to make representations has been filed in the form and manner required by subsection (3), or any such statement that has been filed does not state that a party, fisherman or representative of a group of fishermen desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to the party or to the employees.

46(5)Where the Chief Executive Officer receives a statement of desire to make representations filed in the form and manner required by this section and the person filing such statement states that he desires a hearing or where the Board so directs, the Chief Executive Officer shall serve each of the parties to the proceeding with a notice of hearing in Form 50-2008, provided by the Board.

48(1)Subject to subsection (2), the returning officer shall, upon the completion of the vote:

48(2)Where the Board or the Chief Executive Officer directs that the ballot box be sealed and that the ballots be not counted pending a further direction by the Board and the Board subsequently directs that the ballots be counted, the returning officer shall, upon completion of the counting of the ballots:

48(3)The Board shall arrange for copies of the report and notice to be posted and to remain posted for a period of six days in conspicuous places where they are most likely to come to the attention of all fishermen who may be affected by the application.

49(1)Subject to subsection (3), where a representation vote is taken after the hearing of an application,

49(2)Subject to subsection (3), where a pre-hearing representation vote is taken,

49(3)Where a representation vote is taken in connection with a direction that the ballot box be sealed and the Board subsequently directs that the ballots be counted,

49(4)Upon receiving a statement of desire to make representations in the form and manner required by this section that contains a statement that a party or any fisherman or representative of a group of fishermen desires a hearing before the Board or in any case where the Board so directs, the Chief Executive Officer shall serve a notice of hearing in Form 50-2008, provided by the Board, upon each of the parties to the proceedings and upon each person who has filed a statement.

49(5)Where no statement of desire to make representations has been filed in the form and manner required by this section, or no such statement that has been filed states that a party, fisherman or representative of a group of fishermen desires a hearing before the Board, the Board may dispose of the application upon the material then before it without further notice to any party or to the fishermen.

50(1)Where an application or complaint does not, in the opinion of the Board, make out a prima facie case for the remedy requested, the Board may dismiss the application or complaint without a hearing and it shall in its decision state the reason for the dismissal.

50(2)The applicant or complainant may within ten days after he is served with the decision of the Board under subsection (1) request the Board to review its decision in Form 50-2035, provided by the Board.

50(3)A request for review under this section shall contain a concise statement of the facts and reasons upon which the applicant relies.

50(4)Upon a request for review being filed, the Board may

51(1)An application made under section 105 of the Act, other than an application within section 50 of these Rules, shall be made in quadruplicate in Form 50-2035, provided by the Board.

51(2)Upon an application being filed under subsection (1), the Board may

52(1)Where a person intends to allege, at the hearing of an application or complaint, improper or irregular conduct by any person, he shall

52(2)Where, in the opinion of the Board, a person has not filed notice of intention promptly upon discovering the alleged improper or irregular conduct, he shall not adduce evidence at the hearing of the application of such facts, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.

52(3)Where a statement in an application or complaint or in any document filed under these Rules in respect of the application or complaint is so indefinite or incomplete as to hamper any person in the preparation of his case, the Board may, upon the request of the person made promptly upon receipt of the application, complaint, or document, direct in Form 50-2069, provided by the Board, that the information stated be made specific or complete and, if the person so directed fails to comply with the direction, the Board may strike the statement from the application, complaint or document.

52(4)No person shall adduce evidence at the hearing of an application or complaint of any material fact that has not been included in the application or complaint or in any document filed under these Rules in respect of the application or complaint, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.

53(1)Evidence of membership in a fishermen’s organization or of objection by fishermen to certification of a fishermen’s organization or council of fishermen’s organizations or of signification by fishermen that they no longer wish to be represented by a fishermen’s organization or council of fishermen’s organizations shall not be accepted by the Board on an application for certification or for a declaration terminating bargaining rights unless the evidence is in writing, signed by the fisherman or each member of a group of fishermen, as the case may be, and

53(2)No oral evidence of membership in a fishermen’s organization or of objection by fishermen to certification of a fishermen’s organization or council of fishermen’s organizations or of signification by fishermen that they no longer wish to be represented by a fishermen’s organization or council of fishermen’s organizations shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).

53(3)Any fisherman or group of fishermen affected by an application for certification or for a declaration terminating bargaining rights and desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the terminal date for the application, but this subsection does not apply where the Board grants a request that a pre-hearing representation vote be taken.

53(4)A fisherman or group of fishermen who has filed a statement of desire in the form and manner required by this section may appear and be heard at the hearing in person or by a representative.

53(5)The Board may dispose of the application without considering the statement of desire of any fisherman who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to

54(1)Where a notice of hearing in Form 50-2008 or 50-2069, provided by the Board, is required to be served, it shall be served not less than two days before the day fixed for the hearing.

54(2)Where any person served with a notice of hearing fails to attend the hearing or any adjournment thereof, the Board may proceed in his absence.

55(1)Where a document is required to be filed by these Rules, filing shall be deemed to be made

55(2)Where a document is required to be served by these Rules, the service may be made in accordance with the provisions expressed in the Act.

55(3)Where on a form prescribed by these Rules a party or a person is required to complete the address for service of another party or person, it shall not be a defect on the return of the form if the address for service of such party or person is not completed where such address is unknown to the party or person completing the form and it shall be a sufficient compliance with the form if the usual address is set out.

55(4)Where on a form prescribed by these Rules provision is made for a request for additional copies of documents, compliance with the request is in the discretion of the Board and shall not be deemed a procedural requirement.

56(1)The Chief Executive Officer shall serve each of the parties to a proceeding with a copy of each reply, intervention, intervener’s application for certification, statement of desire to make representations or notice of intention to make allegations of improper or irregular conduct, filed in the proceeding.

56(2)Upon receipt of a statement of desire by a fisherman or a group of fishermen to make representations in opposition to an application under these Rules, the Chief Executive Officer shall inform in writing the applicant, the respondent and the intervener, if any, of the nature thereof in Form 50-2069, provided by the Board.

57(1)Where the Chief Executive Officer serves any person with notices of application for posting, that person shall post the notices immediately upon their receipt and keep them posted upon his premises in conspicuous places where they are most likely to come to the attention of all fishermen who may be affected by the application until the expiration of the terminal date for the application.

57(2)Immediately after the person has posted the notices under subsection (1), he shall file a return of posting in Form 50-2065, provided by the Board.

58(1)Where a fishermen’s organization or council of fishermen’s organizations that makes an application for certification or for a declaration concerning the status of a successor fishermen’s organization or council of fishermen’s organizations or that files an intervention has not been found by the Board to be a fishermen’s organization or council of fishermen’s organizations within the meaning of the definition of “fishermen’s organization” or “council of fishermen’s organizations” in section 1 of the Act in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon any fishermen’s organization or council of fishermen’s organizations upon whom he is required to effect service under subsection 9(1) a notice to that effect in Form 50-2069, provided by the Board, and he shall also attach such a notice to any notice to fishermen of the making of an application that a buyer is required to post under section 4, 5, 6, 11, 19 and 23 and to any other notice to fishermen of the making of an application as the Board may direct.

58(2)Where a buyers’ organization in any proceeding has not been found by the Board to be a buyers’ organization within the meaning of the definition of “buyers’ organization” in section 1(1) of the Act in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon a buyers’ organization upon whom he is required to effect service under subsection 9(2) a notice to that effect in Form 50-2069,provided by the Board, and he shall also, as the Board may direct, attach such a notice to any notice to fishermen of the making of an application that a buyer is required to post under these Rules.

59(1)A notice requiring the filing of a document under subsection 30(6), 33(3) or (4) of the Act may be given in Form 50-2066, provided by the Board.

59(2)A document within subsection 30(6), 33(3) or (4), 80(3), 109(2) or (4) or 114(3) of the Act shall be filed with the Board in Form 50-2067, provided by the Board.

59(3)A notice of a designation made under section 109 of the Act shall be filed in Form 50-2068, provided by the Board.

59(4)A notification by the Board, where a form is not otherwise prescribed, may be made in Form 50-2069, provided by the Board.

59(5)A summons to a witness shall be in Form 50-2070 or 50-2071, provided by the Board, as the case may be.

62(1)The Board may dispose of an application or complaint without further notice to anyone who has not filed a document in the proceeding in the form and manner prescribed by, or as provided for in, these Rules.

62(2)Where a person is served with a notice of hearing by the Chief Executive Officer or informed of the hearing by posting and fails to appear at the hearing, the Board may dispose of the application or complaint without further notice to the person and without considering any statement filed by him.

64(1)The Board may, if it considers it advisable in the interests of justice, adjourn any hearing for such time and to such place and upon such terms as it considers advisable.

64(2)The Board may, if it considers it advisable to do so, by Form 50-2069, provided by the Board, or by the modification of any other form prescribed by these Rules, direct that a hearing be held at such place within the Province, other than at the office of the Board, as the Board considers advisable.

64(3)The Board may, upon such terms as it considers advisable, enlarge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding and may do so although application therefor is not made until after the expiration of the time prescribed.

64(4)Where the Board is satisfied that it is necessary or convenient to do so, the Board may abridge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding.

64(5)Where the Chief Executive Officer is satisfied that it is necessary or convenient to do so, he may, and shall if so directed by the Board, postpone a hearing to a subsequent date on notice given to the persons concerned by telegram or by notice served in Form 50-2069, provided by the Board.

64(6)Where in any case under these Rules a notice of hearing is not prescribed or provided for and a notice of hearing is required the Chief Executive Officer, as the Board may direct, may give notice of hearing in Form 50-2008 or 50-2069, provided by the Board.

66(1)No proceeding under these Rules is invalid by reason of any defect in form or of any technical irregularity.

66(2)Where, in a form prescribed by these Rules, a provision is to be omitted or completed in completing the form for use in accordance with these Rules, a defect or omission as to a provision to be omitted or completed shall be deemed a defect in form within the meaning of subsection (1) and the form as to the provision to be omitted or completed may be amended, as the case may be, by the Board on its own motion before or at a hearing or may be amended before or at a hearing by leave of the Board upon such terms and conditions as the Board considers advisable.

66(3)Where in a form prescribed by these Rules an asterisk is printed at the margin or in the body of a provision set out in the form, the asterisk shall be deemed as inserted for convenience only and the Board, as it may determine, may amend a form by striking out, or by the addition of, an asterisk, as the case may be.

69(1)Section 2 does not apply to sections 69 to 88.

69(2)When an application is made for accreditation or for termination of an accreditation, the Chief Executive Officer shall fix a terminal date for the application which shall be not less than five and not more than ten days, as the Board may direct, or such further period as the Board may direct, after

72(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-2073, provided by the Board.

72(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-2074 provided by the Board.

73(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning representation documents in Form 50-2075, provided by the Board.

73(2)A declaration may be signed by an officer of the applicant as prescribed in Form 50-2075, provided by the Board.

74(1)A respondent shall file a reply in quadruplicate in Form 50-2076, provided by the Board, not later than the terminal date for the application.

74(2)A verification of a buyer list may be signed by an officer of the respondent as prescribed in Form 50-2074, provided by the Board.

80(1)A buyer that is served with a notice of application and of hearing shall file a buyer intervention in Form 50-2081, provided by the Board, together with the accompanying Schedule, not later than the buyer date for the application.

80(2)A verification of a fisherman list may be signed by the buyer, or any officer thereof, as prescribed in Form 50-2080, provided by the Board.

80(3)A buyer who has filed a buyer intervention may appear at the hearing.

80(4)Where a buyer intervention indicates a desire on the part of the buyer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the buyer intervention of a buyer who fails to appear at the hearing without further notice to the buyer.

82(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-2073, provided by the Board.

82(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-2083, provided by the Board.

83(1)The respondent shall file a reply in quadruplicate in Form 50-2084, provided by the Board, not later than the terminal date for the application.

83(2)A verification of a buyer list may be signed by an officer of the respondent as prescribed in Form 50-2073, provided by the Board.

88(1)A buyer who is served with a notice of application and of hearing shall file a buyer intervention in Form 50-2087, provided by the Board, together with the accompanying Schedule, not later than the employer date for the application.

88(2)A verification of a fisherman list may be signed by the buyer, or any officer thereof, as prescribed in Form 50-2086, provided by the Board.

88(3)A buyer who has filed a buyer intervention may appear at the hearing.

88(4)Where a buyer intervention indicates a desire on the part of the buyer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the buyer intervention of a buyer who fails to appear at the hearing without further notice to the buyer.

89(1)Evidence of representation of a buyer by a buyers’ organization or of objection by buyers to accreditation of a buyers’ organization or to termination of accreditation as bargaining agent or of signification by buyers that they no longer wish to be represented by an accredited buyers’ organization shall not be accepted by the Board on an application for accreditation or for a declaration terminating accreditation as bargaining agent unless the evidence is in writing signed by the buyer, or each member of a group of buyers, as the case may be, is accompanied by the return mailing address of the person who files such evidence, objection or signification and

89(2)No oral evidence of representation by a buyers’ organization or of objection by buyers to accreditation of a buyers’ organization or to termination of accreditation as bargaining agent or of signification by buyers that they no longer wish to be represented by an accredited buyers’ organization shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).

89(3)Any buyer or group of buyers affected by an application for accreditation or by an application for a declaration of termination of accreditation as bargaining agent desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the buyer date for the application.

89(4)A buyer or group of buyers who has filed a statement of desire in the form and manner prescribed by this section may appear at the hearing.

89(5)The Board may dispose of an application without considering the statement of desire of any buyer who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to

91(1)For the purposes of section 15 of the Act, a member in good standing of a fishermen’s organization shall be deemed by the Board to be a person who, in the opinion of the Board, is at the date of an application for certification a member of the fishermen’s organization and

91(2)Notwithstanding subsection (1), where the Board is satisfied that a fishermen’s organization within subsection (1) has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member in good standing of the fishermen’s organization, shall not consider those eligibility requirements in the application of subsection (1).

91(3)Notwithstanding subsection (1), where the Board is satisfied that a fisherman has made application in writing for membership in a fishermen’s organization within subsection (1), the expression “member in good standing” for the purposes of the Act shall include a person who has paid to the fishermen’s organization on his own behalf an amount of not less than one dollar in respect of dues or monthly or other periodic dues of the fishermen’s organization.

91(4)Where, on any other proceeding before the Board, a question arises as to whether a person is or was a member in good standing of a fishermen’s organization, the rules applicable shall be governed by analogy to the rules expressed in subsections (1) to (3) inclusive as the Board considers advisable.