73(1)Where, in any arbitration proceeding under the provisions of section 55, an arbitrator appointed by the parties, or an arbitrator appointed by or deemed to be appointed by a party, or a chairman appointed by the arbitrators appointed by the parties or deemed to be appointed by them, refuses to act or is incapable of acting or dies, any party may serve the other party or the arbitrators, as the case may be, with a written notice to appoint an arbitrator or a chairman within the time, if any, specified in the collective agreement for filling the vacancy, or within seven days if no time or provision is so prescribed, and, on the failure of an appointment to be made within the required time, a request may be made under subsection (2).

73(2)Where there is failure to appoint an arbitrator or to constitute an arbitration board under a collective agreement or under the provisions of section 55, the Minister, upon the request of either party, may appoint the arbitrator or make such appointments as are necessary to constitute the arbitration board, as the case may be, and any person so appointed by the Minister shall be deemed to have been appointed in accordance with the collective agreement, the provisions of section 55, or subsection (1).

73(3)Where the Minister has appointed an arbitrator or the chairman of an arbitration board under subsection (2), each of the parties shall pay one-half the remuneration and expenses of the person appointed, and, where the Minister has appointed a member of an arbitration board under subsection (2), on the failure of one of the parties to make an appointment, that party shall pay the remuneration and expenses of the person appointed.

73(3.1)Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, notwithstanding the expiration of such time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

73(3.2)Where a difference has been submitted to arbitration under a collective agreement or under the provisions of section 55 and a party to the arbitration complains to the Minister that the arbitrator or the arbitration board, as the case may be, has failed to render a decision within a reasonable time, the Minister may, after consulting the parties and the arbitrator or the arbitration board, issue whatever order he considers necessary in the circumstances to ensure that a decision will be rendered in the matter without further undue delay.

73(4)Where a vacancy is filled under subsection (1) or (2) and the vacancy occurred after the commencement of the hearings in an arbitration proceeding, the hearings need not be recommenced or repeated where a transcript has been taken, but, on request made by any party to the proceedings, or in any case where the arbitrator or arbitration board deems it advisable to do so, the arbitrator or the board may in its discretion rehear the matter in whole or in part.