3(1)A party who intends to amend or replace an agreement under section 4.1 of the Act shall give written notice of that party’s intention to the other party not more than four months and at least two months before the termination date.

3(2)Each party shall, within one month after a notice is given under subsection (1), forward a written proposal to the other party, which proposal shall specify all items each party intends to negotiate and no other items shall be negotiated between the parties, except in accordance with subsection (3).

3(3)The parties may add items for negotiation by agreement in writing.

3(4)The parties may extend or shorten the time requirement in subsection (1) or (2) by agreement in writing.

3(5)Where neither party gives written notice under subsection (1), the termination date shall be the same date as set out in the agreement, of the next calendar year.

4(1)Where a party has given notice under section 3, the parties shall engage a mediator

4(2)A mediator shall be appointed by agreement of the parties within ten days after they agree to do so under paragraph (1)(a) or a notice is given under paragraph (1)(b) or, if the parties are unable to agree on a mediator within that time, by the Chairperson of the Labour and Employment Board at the request of a party.

4(3)A mediator shall, as soon as possible after the appointment, confer with the parties and endeavour to assist them in reaching an agreement under section 4.1 of the Act within fourteen days after the date of the appointment or within such longer period as the parties may agree.

4(4)Where mediation under subsection (3) is not successful, the mediator shall, within seven days after the relevant time period under subsection (3) has expired, prepare a report and send a copy to each party identifying the issues that require resolution by binding arbitration.

4(5)The parties shall share equally in the expenses related to the services of a mediator.

5(1)The parties shall proceed to binding arbitration

5(2)The method of binding arbitration to be used to resolve the issues between the parties shall be conventional arbitration.

5(4)The following issues are subject to arbitration:

5(6)The arbitration panel may select either party’s proposal in its entirety, choose a middle ground or impose an award that it feels is appropriate in the circumstances, subject to any agreement between the parties on issues under subsection (9).

5(9)Notwithstanding any other provision of this Regulation, the parties may enter into an agreement on issues that are before an arbitration panel at any time before the arbitration panel renders its award and where such an agreement is entered into, the arbitration panel ceases to have jurisdiction with respect to the issues agreed upon.

6(1)An arbitration panel shall consist of three members appointed as follows:

6(2)A party shall appoint its member under paragraph (1)(a) within five days after an agreement in writing is entered into under paragraph 5(1)(a) or a notice is given under paragraph 5(1)(b).

6(3)Where a party fails to appoint its member within the specified time or where the parties are unable to agree on the appointment of a chairperson within twenty days after an agreement is entered into under paragraph 5(1)(a) or a notice is given under paragraph 5(1)(b), the Chairperson of the Labour and Employment Board shall, on the request of a party,

6(4)Each party is responsible for the expenses of its appointee to an arbitration panel and shall share equally in the expenses of the chairperson and in the expenses of the arbitration panel relating to the arbitration.

7(1)An arbitration panel shall within twenty days after the chairperson of the arbitration panel is appointed, unless the parties otherwise agree, conduct a hearing at which each of the parties may present evidence and argument, both oral and written.

7(2)An arbitration panel may determine its own procedures respecting the conduct of a hearing and may accept such evidence and information as it sees fit and may require each party to produce any relevant documentation respecting the unresolved issues.

7(3)An arbitration panel shall ensure that a hearing is completed within thirty days after the date of commencement of the hearing, unless the parties otherwise agree.

7(4)An arbitration panel shall render an award in writing within fourteen days after the last day of the hearing.

7(5)The decision of the majority of the members of an arbitration panel is the decision of the arbitration panel, but if with respect to issues that are to be resolved by the means of conventional arbitration there is no majority decision, the decision of the chairperson shall be the decision of the arbitration panel.

8(1)Where the chairperson of an arbitration panel receives a request from either party within three months after the award of the panel to deal with issues of interpretation of any award rendered by the panel in a conventional arbitration, the chairperson shall reconvene the panel that rendered the award within ten days after the chairperson has received the request, unless the parties otherwise agree.

8(2)The reconvened arbitration panel may receive submissions from each party with respect to the issues of interpretation.

8(3)The reconvened arbitration panel shall deal with the matter of the request relating to issues of interpretation within fourteen days after reconvening, unless the parties otherwise agree.

8(4)Subsection 7(5) applies with the necessary modifications to issues of interpretation by the arbitration panel.

8(5)Each party is responsible for the expenses of its original appointee to the arbitration panel and shall share equally in the expenses of the chairperson and in the expenses of the arbitration panel relating to issues of interpretation.

9(1)Where a written notice is given or a report is sent, it shall be delivered to the office of the Minister, in the case of the provincial authority, and to the office of the New Brunswick Medical Society, in the case of the New Brunswick Medical Society, and the date of the delivery to the office shall be deemed to be the date the notice was given or the report received.

9(2)Where each party gives a written notice to the other party in respect of the same matter, the date of the notice that is first delivered is the effective date.