<<SR_PageTitle>>

1The following definitions apply in this Act.

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

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

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

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

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

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

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

“Vice-Chair” means a Vice-Chair of the Labour and Employment Board. (vice-président)

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

Composition of the Board and appointments

2(1)There shall be a Labour and Employment Board consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council:

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

(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

(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.

2(2)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.

2(3)A person is not ineligible to hold office as the Chair, a Vice-Chair or other member of the Board

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

(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.

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

Terms of office and revocation of appointments

3(1)The Chair shall be appointed for a term not exceeding five years and may be re-appointed.

3(2)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.

3(3)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.

1994, c.L-0.01, s.3

Remuneration and expenses

4The 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

Oath or affirmation

5(1)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:

I, _________, do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, fulfill and perform the duties that devolve on me under the Labour and Employment Board Act (or any other Act of the Legislature) by reason of my duties as _________ . (In the case where an oath is taken add “So help me God”.)

5(2)An oath or affirmation taken under subsection (1) shall be filed with the Minister.

1994, c.L-0.01, s.5

Continuation in office

6If 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

Duties and functions of the Board

7(1)The Board is responsible for the administration of this Act.

7(2)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,

(a) the Employment Standards Act,

(b) the Essential Services in Nursing Homes Act,

(c) the Fisheries Bargaining Act,

(d) the Industrial Relations Act,

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

(e) the Pension Benefits Act, and

(f) the Public Service Labour Relations Act.

7(3)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.

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

Constitution of the Board, panels

8(1)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

(a) as a full Board, or

(b) as a panel of the Board consisting of

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

(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.

8(2)Two or more panels of the Board may be constituted and may act simultaneously.

8(3)A panel of the Board constitutes a quorum of the Board.

8(4)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.

8(5)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.

8(6)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.

1994, c.L-0.01, s.8

Duties and functions of Chair and Vice-Chair

9(1)The 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

(i) by the full Board, or

(ii) by a panel of the Board consisting of

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

(B) 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,

(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

(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.

9(2)In exercising his or her discretion under paragraph (1)(a), the Chair shall consider

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

(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,

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

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

9(3)A 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

(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.

1994, c.L-0.01, s.9

Matters involving the construction industry

10(1)In this section, “construction industry” means the construction industry as defined in the Industrial Relations Act. (industrie de la construction)

10(2)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):

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

(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.

1994, c.L-0.01, s.9.1

Chief executive officer

11(1)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.

11(2)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.

1994, c.L-0.01, s.10

Secretary and other officers and employees

12(1)A Secretary of the Board and any other officers and employees that the Board considers necessary may be appointed under the Civil Service Act.

12(2)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.

1994, c.L-0.01, s.11

Office of the Board

13The 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

Official seal

14(1)The Board shall have an official seal.

14(2)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.

1994, c.L-0.01, s.13

Report of the Board

15(1)Each year the Board shall prepare and submit to the Minister a report on the administration of the Act for that year.

15(2)The report of the Board shall be included in the annual report of the Minister.

1994, c.L-0.01, s.14

N.B. This Act was proclaimed and came into force September 1, 2011.

N.B. This Act is consolidated to January 1, 2023.

2011, c.182 - Labour and Employment Board Act

Copy to Clipboard