Acts and Regulations

I-4 - Industrial Relations Act

Full text
Transitional provisions
143(1)Upon the coming into force of this Act
(a) every notice, decision, determination, consent, interim order, order, certification, direction, declaration, report, ruling, or other act or thing made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be effective as if made, given or done under the provisions of this Act, subject nevertheless to the terms thereof and to the provisions of this Act;
(b) every award of an arbitrator or arbitration board made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or under the provisions of a collective agreement subject to the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be enforceable, subject to the terms of the award, as if made, given or done under the provisions of this Act;
(c) every collective agreement entered into under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions thereof shall continue as if entered into under the provisions of this Act, subject nevertheless to the terms of the agreement and to the provisions of this Act;
(d) every collective agreement or recognition agreement that would be a collective agreement or a recognition agreement if entered into under the provisions of this Act shall be deemed to be a collective agreement or recognition agreement entered into under the provisions of this Act, subject nevertheless to the terms of the collective agreement or recognition agreement and to the provisions of this Act;
(e) every examiner appointed to an inquiry under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, every conciliation officer appointed to an inquiry or dispute under that Act, every chairman and member appointed to a conciliation board or to an industrial inquiry commission under the provisions of that Act, and every arbitrator appointed or chairman or member appointed to an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act shall continue to act as if appointed under the provisions of this Act, subject nevertheless to the terms of the appointment and to the provisions of this Act;
(f) every proceeding that has commenced before the Labour Relations Board, the Executive Committee of the Board, an examiner, the Minister, a conciliation officer, or a conciliation board under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, and not disposed of and every proceeding that has commenced before an arbitrator or an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act and not disposed of, shall continue as a proceeding under this Act before the Board, the Executive Committee of the Board or the Board where an Executive Committee has not been appointed, the examiner, the conciliation officer, the conciliation board, the arbitrator or the arbitration board, subject nevertheless to the provisions of this Act; and
(g) an application for a consent to prosecute for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, or a prosecution for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, may be commenced or continued as if the provisions of that Act were still in force.
143(2)Upon the coming into force of this Act
(a) the Board or the Minister, as the case may be, may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any act or thing made, given or done and continued under paragraph (1)(a) to adapt the act or thing made, given or done to the provisions of this Act but until so amended the act or thing made, given or done shall apply in accordance with the terms thereof;
(b) the Board, an examiner, the Minister, a conciliation officer, a conciliation board, an arbitrator or an arbitration board as the case may be may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any proceeding continued under paragraph (1)(f) to adapt the proceeding to the procedures of this Act;
(c) a collective agreement or a recognition agreement deemed to be a collective agreement or a recognition agreement for the purposes of this Act under paragraph (1)(d) does not bind any person or party who would not be bound if the collective agreement or recognition agreement came into force on the coming into force of this Act but, except as provided, such collective agreement shall operate from the date of execution and such recognition agreement from the date of the signing of the agreement; and
(d) an application for certification or for revocation that is continued under paragraph (1)(f) shall be determined under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, as if the provisions of that Act were in force, but nevertheless section 16 of this Act shall apply mutatis mutandis to such proceedings.
143(3)Upon the coming into force of this Act
(a) subsection 9(5) does not apply to a collective agreement entered into before the coming into force of this Act or to a collective agreement deemed to be a collective agreement under paragraph (1)(d);
(b) section 43 does not apply to any such agreement entered into before April 1, 1972;
(c) subsection 75(2) does not apply to an arbitration that has commenced before the coming into force of this Act and subsection (1) of the section shall apply thereto;
(d) subsection 75(3) does not apply to an agreement that has expired before the coming into force of this Act;
(e) subsection 76(4) does not apply to an arbitration that has commenced before the coming into force of this Act where the evidence has been heard;
(f) sections 82, 84 and subsection 85(1) do not apply until a date is fixed under the provision made in subsection 82(1);
(g) section 83 does not apply to a jurisdictional dispute that has been settled before the coming into force of this Act;
(h) sections 94 and 95 do not apply to a strike or lock-out that has commenced before the coming into force of this Act;
(i) section 106 does not apply to a complaint arising before the coming into force of this Act, and
(j) section 127 does not apply to such findings made before the coming into force of this Act.
1971, c.9, s.144; 1987, c.6, s.43
Transitional provisions
143(1)Upon the coming into force of this Act
(a) every notice, decision, determination, consent, interim order, order, certification, direction, declaration, report, ruling, or other act or thing made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be effective as if made, given or done under the provisions of this Act, subject nevertheless to the terms thereof and to the provisions of this Act;
(b) every award of an arbitrator or arbitration board made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or under the provisions of a collective agreement subject to the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be enforceable, subject to the terms of the award, as if made, given or done under the provisions of this Act;
(c) every collective agreement entered into under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions thereof shall continue as if entered into under the provisions of this Act, subject nevertheless to the terms of the agreement and to the provisions of this Act;
(d) every collective agreement or recognition agreement that would be a collective agreement or a recognition agreement if entered into under the provisions of this Act shall be deemed to be a collective agreement or recognition agreement entered into under the provisions of this Act, subject nevertheless to the terms of the collective agreement or recognition agreement and to the provisions of this Act;
(e) every examiner appointed to an inquiry under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, every conciliation officer appointed to an inquiry or dispute under that Act, every chairman and member appointed to a conciliation board or to an industrial inquiry commission under the provisions of that Act, and every arbitrator appointed or chairman or member appointed to an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act shall continue to act as if appointed under the provisions of this Act, subject nevertheless to the terms of the appointment and to the provisions of this Act;
(f) every proceeding that has commenced before the Labour Relations Board, the Executive Committee of the Board, an examiner, the Minister, a conciliation officer, or a conciliation board under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, and not disposed of and every proceeding that has commenced before an arbitrator or an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act and not disposed of, shall continue as a proceeding under this Act before the Board, the Executive Committee of the Board or the Board where an Executive Committee has not been appointed, the examiner, the conciliation officer, the conciliation board, the arbitrator or the arbitration board, subject nevertheless to the provisions of this Act; and
(g) an application for a consent to prosecute for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, or a prosecution for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, may be commenced or continued as if the provisions of that Act were still in force.
143(2)Upon the coming into force of this Act
(a) the Board or the Minister, as the case may be, may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any act or thing made, given or done and continued under paragraph (1)(a) to adapt the act or thing made, given or done to the provisions of this Act but until so amended the act or thing made, given or done shall apply in accordance with the terms thereof;
(b) the Board, an examiner, the Minister, a conciliation officer, a conciliation board, an arbitrator or an arbitration board as the case may be may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any proceeding continued under paragraph (1)(f) to adapt the proceeding to the procedures of this Act;
(c) a collective agreement or a recognition agreement deemed to be a collective agreement or a recognition agreement for the purposes of this Act under paragraph (1)(d) does not bind any person or party who would not be bound if the collective agreement or recognition agreement came into force on the coming into force of this Act but, except as provided, such collective agreement shall operate from the date of execution and such recognition agreement from the date of the signing of the agreement; and
(d) an application for certification or for revocation that is continued under paragraph (1)(f) shall be determined under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, as if the provisions of that Act were in force, but nevertheless section 16 of this Act shall apply mutatis mutandis to such proceedings.
143(3)Upon the coming into force of this Act
(a) subsection 9(5) does not apply to a collective agreement entered into before the coming into force of this Act or to a collective agreement deemed to be a collective agreement under paragraph (1)(d);
(b) section 43 does not apply to any such agreement entered into before April 1, 1972;
(c) subsection 75(2) does not apply to an arbitration that has commenced before the coming into force of this Act and subsection (1) of the section shall apply thereto;
(d) subsection 75(3) does not apply to an agreement that has expired before the coming into force of this Act;
(e) subsection 76(4) does not apply to an arbitration that has commenced before the coming into force of this Act where the evidence has been heard;
(f) sections 82, 84 and subsection 85(1) do not apply until a date is fixed under the provision made in subsection 82(1);
(g) section 83 does not apply to a jurisdictional dispute that has been settled before the coming into force of this Act;
(h) sections 94 and 95 do not apply to a strike or lock-out that has commenced before the coming into force of this Act;
(i) section 106 does not apply to a complaint arising before the coming into force of this Act, and
(j) section 127 does not apply to such findings made before the coming into force of this Act.
1971, c.9, s.144; 1987, c.6, s.43