Acts and Regulations

I-4 - Industrial Relations Act

Full text
Consent of Board to prosecution
113(1)Subject to subsection (3), no prosecution for an offence under this Act shall be instituted except with the consent in writing of the Board.
113(2)An application under subsection (1) for consent to institute a prosecution may be made by a person, a trade union, a council of trade unions, a corporation or an employers’ organization, and, if consent is given by the Board, the information may be laid by the person or by an officer or representative of a trade union or council of trade unions on behalf of the person, or by any officer or representative of the trade union, council of trade unions, corporation or employers’ organization.
113(3)A certificate, signed by the Chairperson or a Vice-Chairperson of the Board and dated, certifying that the Board consents to the prosecution of the person, employee, employer, trade union, council of trade unions, or employers’ organization named therein for an offence under this Act alleged to have been committed, or in the case of a continuing offence, alleged to have commenced on a date therein set out, is a sufficient consent for the purpose of subsection (1).
113(4)Subsection (1) does not apply to a prosecution instituted by the Attorney General.
113(5)The Board or the Minister or, subject to the direction of the Minister, an inquiry officer may refer any alleged offence under this Act to the Attorney General for his consideration with a view to instituting a prosecution.
113(6)Notwithstanding any other Act, proceedings in respect of a prosecution for an alleged offence under this Act may be instituted any time within one year after the time when the subject matter of the prosecution arose.
1971, c.9, s.114; 1981, c.6, s.1; 1985, c.51, s.13; 1994, c.52, s.2