Acts and Regulations

I-4 - Industrial Relations Act

Full text
Disclosure of information
138(1)The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions.
138(2)No member of the Board, nor its Chief Executive Officer, nor any of its other officers, clerks, or servants shall be required to give testimony in any civil suit respecting information obtained in the discharge of their duties under this Act.
138(3)No information or material furnished to or received by a conciliation officer or a mediator or a mediation officer
(a) under this Act, or
(b) in the course of any endeavour that a conciliation officer or a mediation officer may make under the direction of the Minister to effect a collective agreement after the Minister
(i) has released the report of a conciliation board, or
(ii) has informed the parties that he does not deem it advisable to appoint a conciliation board,
shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister.
138(4)No report of a conciliation officer or mediator or mediation officer shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister but nothing in this section shall preclude the report of any such officer being made available to a conciliation board where a board is established subsequently in a proceeding that was before the conciliation officer or mediator or mediation officer.
138(5)The Minister, the Deputy Minister, the Director of Industrial Relations under the Minister, any conciliation officer or mediator or mediation officer appointed under this Act, or any person designated by the Minister to endeavour to effect a collective agreement is not a competent or compellable witness in proceedings before any court or other tribunal respecting any information, material or report mentioned in subsection (3) or (4) or respecting any information or material furnished to or received by him, or any statement made to or by him in an endeavour to effect a collective agreement.
138(6)The chairman or any other member of a conciliation board is not a competent or compellable witness in proceedings before any court or other tribunal respecting
(a) any information or material furnished to or received by him,
(b) any evidence or representation submitted to him, or
(c) any statement made by him,
in the course of his duties under this Act.
138(7)No information or material furnished to or received by the Chief Executive Officer or by any person appointed by him under section 106 and no report of any such person shall be disclosed except to the Board or as authorized by the Board, and no member of the Board and no such person is a competent or compellable witness in proceedings before any court or other tribunal respecting any such information, material or report.
1971, c.9, s.139; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.16; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89
Privileged Communications
138(1)The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions.
138(2)No member of the Board, nor its Chief Executive Officer, nor any of its other officers, clerks, or servants shall be required to give testimony in any civil suit respecting information obtained in the discharge of their duties under this Act.
138(3)No information or material furnished to or received by a conciliation officer or a mediator or a mediation officer
(a) under this Act, or
(b) in the course of any endeavour that a conciliation officer or a mediation officer may make under the direction of the Minister to effect a collective agreement after the Minister
(i) has released the report of a conciliation board, or
(ii) has informed the parties that he does not deem it advisable to appoint a conciliation board,
shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister.
138(4)No report of a conciliation officer or mediator or mediation officer shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister but nothing in this section shall preclude the report of any such officer being made available to a conciliation board where a board is established subsequently in a proceeding that was before the conciliation officer or mediator or mediation officer.
138(5)The Minister, the Deputy Minister, the Director of Industrial Relations under the Minister, any conciliation officer or mediator or mediation officer appointed under this Act, or any person designated by the Minister to endeavour to effect a collective agreement is not a competent or compellable witness in proceedings before any court or other tribunal respecting any information, material or report mentioned in subsection (3) or (4) or respecting any information or material furnished to or received by him, or any statement made to or by him in an endeavour to effect a collective agreement.
138(6)The chairman or any other member of a conciliation board is not a competent or compellable witness in proceedings before any court or other tribunal respecting
(a) any information or material furnished to or received by him,
(b) any evidence or representation submitted to him, or
(c) any statement made by him,
in the course of his duties under this Act.
138(7)No information or material furnished to or received by the Chief Executive Officer or by any person appointed by him under section 106 and no report of any such person shall be disclosed except to the Board or as authorized by the Board, and no member of the Board and no such person is a competent or compellable witness in proceedings before any court or other tribunal respecting any such information, material or report.
1971, c.9, s.139; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.16; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89