R-20, r. 13 - Regulation respecting the remuneration of arbitrators of grievances or complaints in the construction industry

Updated to 12 December 2023

This document has official status.

chapter R-20, r. 13

Regulation respecting the remuneration of arbitrators of grievances or complaints in the construction industry

Act respecting labour relations, vocational training and workforce management in the construction industry

(chapter R-20, ss. 62, 105 and 123).

1. This Regulation applies to arbitrators of grievances and arbitrators appointed under section 105 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

O.C. 866-2004, s. 1.

2. An arbitrator is entitled to fees of $120 for each hour of arbitration hearing and, subject to section 3, for each hour of deliberation and drafting of an award.

An arbitrator is entitled, for each day of hearing, to a minimum remuneration of $360.

O.C. 866-2004, s. 2.

3. For deliberation and the drafting of an award, an arbitrator is entitled to fees at the rate fixed by section 2 up to a maximum of 14 hours per day of hearing, 22 hours for 2 days of hearing and, where there are 3 days of hearing or more, 22 hours for the first 2 days and 5 hours for each subsequent day.

An arbitrator is entitled to fees at the rate fixed by section 2 up to a maximum of 14 hours if no arbitration hearing is held.

O.C. 866-2004, s. 3.

4. An arbitrator is entitled to a travel allowance when performing duties outside an 80-km radius from the office.

The amount of the allowance corresponds to the amount obtained by multiplying the rate of $80 by the number of hours required for a return trip using the fastest means of transportation.

O.C. 866-2004, s. 4.

5. An arbitrator’s transportation costs and meal and accommodation expenses are reimbursed in accordance with the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26).

O.C. 866-2004, s. 5.

6. For all expenses related to the arbitration, namely fees for opening files, telephone calls, correspondence and the drafting and filing of duplicates or copies of the arbitration award, an arbitrator is entitled to $120.

O.C. 866-2004, s. 6.

7. Where a case is discontinued or fully settled more than 30 days before the hearing date, an arbitrator is entitled to $120 as an indemnity.

Where a case is discontinued, fully settled or postponed at the request of a party 30 days or less before the hearing date, an arbitrator is entitled to $360 but is not entitled to the expenses provided for in section 6 related to the arbitration.

O.C. 866-2004, s. 7.

8. An arbitrator is entitled to reimbursement of the actual costs incurred in renting a room for a hearing.

O.C. 866-2004, s. 8.

9. An arbitrator must submit a detailed account of fees making it possible to verify its merits for each day for which fees, expenses, allowances or indemnities are claimed.

O.C. 866-2004, s. 9.

10. An arbitrator may not claim any fees, expenses, allowances or indemnities other than those fixed by sections 2 to 8.

O.C. 866-2004, s. 10.

11. The parties assume jointly and equally payment of the fees, expenses, allowances and indemnities of an arbitrator.

O.C. 866-2004, s. 11.

12. An arbitrator must file 2 duplicates or true copies of the award at one of the offices of the Commission des relations du travail.

O.C. 866-2004, s. 12.

13. This Regulation replaces the Regulation respecting the remuneration of the grievance or complaint arbitrator in the construction industry (O.C. 1205-83, 83-06-08).

O.C. 866-2004, s. 13.

14. The provisions of the Regulation respecting the remuneration of the grievance or complaint arbitrator in the construction industry (O.C. 1205-83, 83-06-08) as they read before being replaced by this Regulation continue to apply to grievances and complaints referred to arbitration before 7 October 2004.

O.C. 866-2004, s. 14.

15. (Omitted).

O.C. 866-2004, s. 15.

REFERENCES

O.C. 866-2004, 2004 G.O. 2, 2647