Acts and Regulations

I-4 - Industrial Relations Act

Section 78
Disposition versions

Full text
Powers of Court re arbitration
78(1)Where, in any proceeding under the provisions of section 55,
(a) an arbitrator has misconducted himself or the proceedings, the Court may remove him,
(b) an arbitrator has misconducted himself or the proceedings, or an arbitration or award has been improperly procured, the Court may set the award aside,
(c) an arbitrator or an arbitration board has decided that a question is arbitrable and an award was made by an arbitrator or arbitration board determining that question, the Court may, if in its opinion the question was not arbitrable, set the award aside,
(d) an arbitrator or arbitration board has decided that a question is not arbitrable, the Court may, if in its opinion the question was arbitrable, order that the question be tried by the arbitrator or arbitration board, and
(e) an arbitrator or arbitration board so desires or is so directed by the Court, the arbitrator or arbitration board shall state
(i) any question of law arising in the course of the arbitration, or
(ii) an award or any part of an award,
in the form of a stated case for the decision of the Court.
78(2)Where the Court has removed any arbitrator, it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person be appointed in the same manner as provided for the appointment of the arbitrator so removed and direct that the person or arbitration board hear and determine the difference and issue and award.
78(3)Where the Court has set aside the award of an arbitrator or arbitration board pursuant to paragraph (1)(b), it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person or persons be appointed as the arbitrator or arbitration board in the same manner as provided for the appointment of the arbitrator or arbitration board to hear and determine the difference and to issue an award.
78(4)Where the Court has ordered a question to be tried pursuant to paragraph (1)(d), the time limits under section 75 for an award shall apply from the date of the order.
78(5)When an application is made for an order direction or decision of the Court under paragraph (b), (c), (d) or sub-paragraph (1)(e)(ii) or a direction is made under paragraph (e) thereof, the Court, pending disposition of the application, may suspend the operation or enforcement of an award in whole or in part, or make such other direction as to compliance or enforcement as may be required.
1971, c.9, s.79
Arbitration
78(1)Where, in any proceeding under the provisions of section 55,
(a) an arbitrator has misconducted himself or the proceedings, the Court may remove him,
(b) an arbitrator has misconducted himself or the proceedings, or an arbitration or award has been improperly procured, the Court may set the award aside,
(c) an arbitrator or an arbitration board has decided that a question is arbitrable and an award was made by an arbitrator or arbitration board determining that question, the Court may, if in its opinion the question was not arbitrable, set the award aside,
(d) an arbitrator or arbitration board has decided that a question is not arbitrable, the Court may, if in its opinion the question was arbitrable, order that the question be tried by the arbitrator or arbitration board, and
(e) an arbitrator or arbitration board so desires or is so directed by the Court, the arbitrator or arbitration board shall state
(i) any question of law arising in the course of the arbitration, or
(ii) an award or any part of an award,
in the form of a stated case for the decision of the Court.
78(2)Where the Court has removed any arbitrator, it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person be appointed in the same manner as provided for the appointment of the arbitrator so removed and direct that the person or arbitration board hear and determine the difference and issue and award.
78(3)Where the Court has set aside the award of an arbitrator or arbitration board pursuant to paragraph (1)(b), it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person or persons be appointed as the arbitrator or arbitration board in the same manner as provided for the appointment of the arbitrator or arbitration board to hear and determine the difference and to issue an award.
78(4)Where the Court has ordered a question to be tried pursuant to paragraph (1)(d), the time limits under section 75 for an award shall apply from the date of the order.
78(5)When an application is made for an order direction or decision of the Court under paragraph (b), (c), (d) or sub-paragraph (1)(e)(ii) or a direction is made under paragraph (e) thereof, the Court, pending disposition of the application, may suspend the operation or enforcement of an award in whole or in part, or make such other direction as to compliance or enforcement as may be required.
1971, c.9, s.79