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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“Board” means the Labour and Employment Board established under this Act;(Commission)

“buyers’ organization” means a buyers’ organization as defined in the Fisheries Bargaining Act;(organisation d’acheteurs)

“Chairperson” means the Chairperson of the Labour and Employment Board;(Président)

“employee” includes a fisherman as defined in the Fisheries Bargaining Act;(employé)

“employer” includes a buyer as defined in the Fisheries Bargaining Act;(employeur)

“fishermen’s organization” means a fishermen’s organization as defined in the Fisheries Bargaining Act;(organisation de pêcheurs)

“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)

“Vice-Chairperson” means a Vice-Chairperson of the Labour and Employment Board.(Vice-président)

1998, c.41, s.69; 2000, c.26, s.175; 2001, c.44, s.22; 2006, c.16, s.98; 2007, c.10, s.54

Composition of the Board and appointments

2(1)There shall be a Labour and Employment Board consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council:

(a) a Chairperson, who in the opinion of the Lieutenant-Governor in Council, is not representative of either employers or employees;

(b) one or more Vice-Chairpersons, who in the opinion of the Lieutenant-Governor in Council, are not representative of either employers or employees; and

(c) such other members, an equal number of whom, in the opinion of the Lieutenant-Governor in Council, are representative of employers and employees, as the Lieutenant-Governor in Council considers necessary from time to time to enable the Board to function effectively.

2(2)The Lieutenant-Governor in Council shall designate a Vice-Chairperson as the alternate Chairperson to act in the absence of the Chairperson or in the case of a vacancy.

2(3)A person is not ineligible to hold office as the Chairperson, a Vice-Chairperson or other member of the Board

(a) because he or she holds other office or employment under the Province, or

(b) except in the case of the Chairperson or a Vice-Chairperson, because he or she holds an office or employment under or is a member of a trade union, council of trade unions, an employee organization that is a bargaining agent, a fishermen’s organization, an employers’ organization or a buyers’ organization.

2001, c.44, s.22

Terms of office and revocation of appointments

3(1)The Chairperson shall be appointed for a term not exceeding five years and may be re-appointed.

3(2)Each Vice-Chairperson and the other members of the Board shall be appointed for a term not exceeding three years and may be re-appointed.

3(3)The appointment of the Chairperson, a Vice-Chairperson and the other members of the Board may be revoked by the Lieutenant-Governor in Council for cause.

Remuneration and expenses

4The Lieutenant-Governor in Council may determine the remuneration to be paid to the Chairperson, each Vice-Chairperson and the other members of the Board and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Board.

Oath or affirmation

5(1)The Chairperson, each Vice-Chairperson and the other members of the Board, before commencing their duties, shall take the following oath or affirmation before a person authorized to administer it:

I ___________________________ do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, fulfill and perform the duties that devolve upon me under the Labour and Employment Board Act (or any other Act of the Legislature) by reason of my duties as __________________ (In the case where an oath is taken add “So help me God”.)

5(2)An oath or affirmation taken under subsection (1) shall be filed with the Minister.

Continuation in office

6If a member of the Board resigns or the member’s term of office expires or is terminated, the member may carry out and complete the duties or responsibilities and exercise any powers that the member would have had, if the member had not ceased to be a member, in connection with any matter in respect of which there was any proceeding in which the member participated as a member of the Board.

Duties and functions of the Board

7(1)The Board is responsible for the administration of this Act.

7(2)The Board shall perform the duties and functions required or authorized to be performed by the Board, and may exercise such powers as may be conferred on the Board, under this or any other Act of the Legislature, including without limiting the generality of the foregoing,

(a) the Employment Standards Act,

(a.1) the Fisheries Bargaining Act,

(b) the Industrial Relations Act,

(b.1) Essential Services in Nursing Homes Act,

(c) the Pension Benefits Act, and

(d) the Public Service Labour Relations Act.

7(3)The Board shall perform such other duties and functions as may be required or authorized to be performed by the Board, and may exercise such other powers as may be conferred on the Board, from time to time by the Lieutenant-Governor in Council.

2001, c.44, s.22; 2009, c.E-10.5, s.19

Constitution of the Board: panels

8(1)The Board shall be constituted and shall act, for any particular purpose, in any particular situation and at any particular time, as directed from time to time by the Chairperson, in relation to the particular purpose, situation or time, either

(a) as a full Board, or

(b) as a panel of the Board consisting of

(i) the Chairperson or a Vice-Chairperson alone, or

(ii) the Chairperson or a Vice-Chairperson, as the chairperson of a panel, and two other members of the Board equally representative of employees and employers.

8(2)Two or more panels of the Board may be constituted and may act simultaneously.

8(3)A panel of the Board constitutes a quorum of the Board.

8(4)If a panel of the Board consists of more than one person, a decision of the majority of the members of a panel is the decision of the panel but if there is no majority, the decision of the chairperson of the panel is the decision of the panel.

8(5)Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Board shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by, the Board.

8(6)Every decision, determination, direction, declaration, order, interim order or ruling of the Board and every appointment made by the Board shall be signed by the Chairperson or a Vice-Chairperson, and when purporting to be so signed shall be presumed to have been signed by the person purporting to have signed it, without proof of the signature, authority or appointment of the person purporting to have signed it, and when adduced as evidence in any proceeding, it shall be received and shall constitute, in the absence of evidence to the contrary, proof of its making and of its content.

Duties and functions of Chairperson and Vice-Chairperson

9(1)The Chairperson

(a) shall, in his or her discretion, direct that a particular matter required or authorized to be heard, determined or otherwise dealt with by the Board, or any other act or thing required or authorized to be done by the Board, be heard, determined or otherwise dealt with or be done

(i) by the full Board, or

(ii) by a panel of the Board consisting of

(A) the Chairperson or a Vice-Chairperson alone, or

(B) the Chairperson or a Vice-Chairperson, as the chairperson of a panel, and two other members of the Board equally representative of employees and employers,

(b) shall hear, determine, or otherwise deal with such matters and do such other acts or things as he or she determines should be heard, determined or otherwise dealt with by the Chairperson alone or by a panel of which he or she is the Chairperson, and

(c) shall perform such other duties and functions as may be required or authorized to be performed by the Chairperson, and may exercise such other powers as may be conferred on the Chairperson, under this or any other Act of the Legislature or by the Lieutenant-Governor in Council.

9(2)In exercising his or her discretion under paragraph (1)(a), the Chairperson shall consider

(a) the nature of the duties and functions required or authorized to be performed by the Board,

(b) the circumstances of the particular matter to be determined, or otherwise dealt with, or the act or thing to be done by the Board,

(c) the representations of the parties, if any, and

(d) such other factors as the Chairperson considers relevant.

9(3)A Vice-Chairperson

(a) shall hear, determine, or otherwise deal with such matters and do such other acts or things as the Chairperson directs in accordance with paragraph (1)(a) should be heard, determined or otherwise dealt with by the Vice-Chairperson alone or by a panel of which he or she is the chairperson, and

(b) shall perform such other duties and functions as may be required or authorized to be performed by the Vice-Chairperson, and may exercise such other powers as may be conferred on the Vice-Chairperson, under this or any other Act of the Legislature or by the Lieutenant-Governor in Council.

9.1(1)In this section

“construction industry” means the construction industry as defined the Industrial Relations Act.

9.1(2)Notwithstanding subsections 9(1) and (2), on the request of a party, the Chairperson shall direct that the following matters be dealt with by a panel of the Board described in clause 9(1)(a)(ii)(B):

(a) an application for certification under the Industrial Relations Act that involves the construction industry; and

(b) any matter required or authorized to be dealt with by the Board in relation to a jurisdictional dispute as to the assignment of work under the Industrial Relations Act that involves the construction industry.

Chief executive officer

10(1)The Lieutenant-Governor in Council may appoint a person who is an employee under the Civil Service Act as chief executive officer of the Board, and until an appointment is made or when there is a vacancy in the office, the Lieutenant-Governor in Council may appoint the Chairperson or a Vice-Chairperson as acting chief executive officer.

10(2)The chief executive officer shall perform the duties and functions required or authorized to be performed by the chief executive officer under this or any other Act of the Legislature or as may be required or authorized from time to time by the Board.

Secretary and other officers and employees

11(1)A Secretary of the Board and such other officers and employees as the Board considers necessary may be appointed under the Civil Service Act.

11(2)The Secretary of the Board shall perform the duties and functions required or authorized to be performed by the Secretary under this or any other Act of the Legislature or as may be required or authorized from time to time by the Board or the chief executive officer.

Office of the Board

12The office of the Board shall be in Fredericton, but the Board may sit at such other places as it considers expedient from time to time.

Official seal

13(1)The Board shall have an official seal.

13(2)The failure to affix a seal to a decision, determination, direction, declaration, order, interim order, or ruling of the Board does not affect the validity of the decision, determination, direction, declaration, order, interim order, or ruling or any proceedings in relation to it.

Report of the Board

14(1)Each year the Board shall prepare and submit to the Minister a report on the administration of the Act for that year.

14(2)The report of the Board shall be included in the annual report of the Minister.

Transitional provisions

15The following boards and tribunals are terminated on the commencement of this Act:

(a) the Employment Standards Tribunal established under the Employment Standards Act;

(b) the Industrial Relations Board established under the Industrial Relations Act;

(c) the Pensions Tribunal established under the Pensions Benefits Act; and

(d) the Public Service Labour Relations Board established under the Public Service Labour Relations Act.

Transitional provisions

16All appointments or designations of persons as Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Vice-Chairpersons, alternate Vice-Chairmen or as members or alternate members of the boards and tribunals terminated under section 15 are revoked.

Transitional provisions

17All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Vice-Chairpersons, alternate Vice-Chairmen or members or alternate members of the boards and tribunals terminated under section 15 are null and void.

Transitional provisions

18Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to the Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Vice-Chairpersons, alternate Vice-Chairmen or members or alternate members of the boards and tribunals terminated under section 15.

Transitional provisions

19No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the termination of the boards and tribunals under section 15 or the revocation of appointments or designations under section 16.

Transitional provisions

20Any decision, determination, direction, declaration, order, interim order or ruling of any of the boards and tribunals terminated under section 15 that is valid and of full force and effect immediately before the commencement of this Act continues to be valid and of full force and effect, notwithstanding the termination of the board or tribunal, and shall be deemed to be the decision, determination, direction, declaration, order, interim order or ruling of the Labour and Employment Board.

Transitional provisions

21After the commencement of this Act, any proceeding, hearing, matter or thing commenced by the boards and tribunals terminated under section 15 that would be dealt with by the Labour and Employment Board, if commenced after the commencement of this Act, may be dealt with and completed by the Labour and Employment Board.

Transitional provisions

22The documentation, information, records and files pertaining to any proceeding, hearing, matter or thing to be dealt with or be completed by the Labour and Employment Board under section 21 becomes the documentation, information, records and files of the Labour and Employment Board on the commencement of this Act.

Transitional provisions

23(1)Notwithstanding sections 15, 16, 20 and 21, the Chairperson may authorize a board or tribunal terminated under section 15 to deal with and complete any proceeding, hearing, matter or thing commenced by the board or tribunal before the commencement of this Act.

23(2)Any proceeding, hearing, matter or thing dealt with and completed by a board or tribunal under subsection (1) shall be dealt with and completed in accordance with the law as it existed immediately before the commencement of this Act and as if the board or tribunal had not been terminated.

23(3)Any decision, determination, direction, declaration, order, interim order or ruling of a board or tribunal made in accordance with subsection (1) shall be deemed to be a decision, determination, direction, declaration, order, interim order or ruling of the Labour and Employment Board.

Transitional provisions

24Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement, or other instrument or document, reference is made to the following boards or tribunals, it shall be read, unless the context otherwise requires, as a reference to the Labour and Employment Board:

(a) the Employment Standards Tribunal under the Employment Standards Act;

(a.1) the Fishing Industry Relations Board under the Fisheries Bargaining Act,

(b) the Industrial Relations Board under the Industrial Relations Act;

(c) the Pensions Tribunal under the Pensions Benefits Act; and

(d) the Public Service Labour Relations Board under the Public Service Labour Relations Act.

2001, c.44, s.22

Commencement provision

25This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. Sections 1-6 of this Act were proclaimed and came into force August 15, 1994.

N.B. Sections 7-25 of this Act were proclaimed and came into force November 14, 1994.

N.B. This Act is consolidated to September 1, 2011.

L-0.01 - Labour and Employment Board Act

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