R-8.3, r. 2 - Regulation respecting the remuneration of members of a dispute settlement board and disputes arbitrators in the municipal sector

Updated to 3 August 2017

This document has official status.

chapter R-8.3, r. 2

Regulation respecting the remuneration of members of a dispute settlement board and disputes arbitrators in the municipal sector

Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector

(chapter R-8.3, ss. 34 and 47).

1. This Regulation applies to members of a dispute settlement board and to disputes arbitrators appointed under sections 10 and 45 of the Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector (chapter R-8.3).

O.C. 692-2017, s. 1.

2. Each member, other than the member acting as chair, of a dispute settlement board or a disputes arbitrator is entitled to fees of $180 for each hour of arbitration hearing. The hourly rate to which the chair of a dispute settlement board is entitled is $205.

Each member of a dispute settlement board or a disputes arbitrator is entitled, for each arbitration hearing, to a minimum of 3 hours of fees at the rates set in the first paragraph.

O.C. 692-2017, s. 2.

3. For the deliberations and the drafting of the decision, each member of a dispute settlement board or a disputes arbitrator is entitled to fees at the rates set in section 2 to a maximum of

(1)  14 hours if no arbitration hearing is held;

(2)  14 hours for 1 arbitration hearing;

(3)  22 hours for 2 arbitration hearings;

(4)  27 hours for 3 arbitration hearings; and

(5)  27 hours for the first 3 hearings and 3 hours for each subsequent hearing where there are 4 arbitration hearings or more.

However, the total number of hours allowed for the drafting of the decision of a dispute settlement board must be allocated among the 3 members of the board, as they specify.

O.C. 692-2017, s. 3.

4. Where dispute arbitration requires prior disposal of issues on elements other than work and remuneration conditions that are the subject of the dispute, the chair of a dispute settlement board or a disputes arbitrator is entitled to an additional maximum number of 15 hours at the rates set in section 2.

O.C. 692-2017, s. 4.

5. For all expenses related to arbitration, namely fees for opening files, telephone calls, correspondence and the drafting and filing of duplicates or copies of the arbitration award, a disputes arbitrator is entitled to 1.5 hours of fees at the rate set in section 2 and the chair of a dispute settlement board is entitled to 3 hours of fees at the rate set in section 2.

O.C. 692-2017, s. 5.

6. The transportation costs and meal and accommodation expenses, and other travel costs of a member of a dispute settlement board or a disputes arbitrator are reimbursed according to the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26 amended by C.T. 214163, 2014-09-30).

O.C. 692-2017, s. 6.

7. A member of a dispute settlement board or a disputes arbitrator is entitled to a travel allowance when performing duties outside an 80-kilometre radius from the office.

The amount of the allowance corresponds to the amount obtained by multiplying the rate of $115 by the number of hours required for a round trip using the fastest means of transportation.

O.C. 692-2017, s. 7.

8. When a case is fully settled or postponed at the request of a party, each member of a dispute settlement board or a dispute arbitrator is entitled, at the rates set in section 2, to the following number of hours of fees:

(1)  1 hour, if the settlement or postponement occurs between the 61 and 30th days preceding the day set for the arbitration hearing;

(2)  3 hours, if the settlement or postponement occurs between the 31 and 8th days preceding the date set for the arbitration hearing;

(3)  5 hours, if the settlement or postponement occurs before the 9th day preceding the day set for the arbitration hearing.

O.C. 692-2017, s. 8.

9. The chair of a dispute settlement board or a disputes arbitrator is entitled to reimbursement of the actual costs incurred in renting a room for an arbitration hearing.

O.C. 692-2017, s. 9.

10. A member of a dispute settlement board or a disputes arbitrator may not claim any fees, expenses, allowances and indemnities other than those set by this Regulation.

O.C. 692-2017, s. 10.

11. The parties assume jointly and equally payment of the fees, expenses, allowances and indemnities of a member of a dispute settlement board or a disputes arbitrator.

O.C. 692-2017, s. 11.

12. A member of a dispute settlement board or a disputes arbitrator must submit a detailed account of fees, making it possible to verify the validity of the fees, expenses, allowances or indemnities claimed per day.

Those accounts are sent to the parties by the disputes arbitrator or the chair of the board in the case of a dispute settlement board.

O.C. 692-2017, s. 12.

13. (Omitted).

O.C. 692-2017, s. 13.

REFERENCES

O.C. 692-2017, 2017 G.O. 2, 2106