R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Section 45 Disposition versions

2011-12-02

45. Where the parties agree thereto in writing, a dispute is referred to an arbitrator or a council of arbitration composed of three members, including a chairman.

If the dispute concerns one or several matters listed in section 61.1, the agreement relating to arbitration must be made by at least three associations whose representativeness is over 50% in the sector and by the employers’ association entrusted with a mandate for that purpose by at least two sector-based employers’ associations whose representativeness is over 50%. If the dispute concerns other matters, the agreement relating to arbitration must be made by at least three associations whose representativeness is over 50% and by the sector-based employers’ association of the sector concerned.

The agreement may provide for the appointment of the arbitrator or of the members of the council of arbitration, determine the fees and expenses to which they are entitled and provide for the apportionment of those fees and expenses among the parties to the agreement. A copy of the agreement shall be sent to the Minister without delay.

The Minister may decide any matter referred to in the third paragraph that has not been settled by the agreement and shall inform the parties without delay. The Minister’s decision binds the parties and shall be executed as if it formed part of the agreement.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19; 1993, c. 61, s. 27; 1995, c. 8, s. 26; 1998, c. 46, s. 102; 2011, c. 30, s. 34.

1998-06-20

45. Where the parties agree thereto in writing, a dispute is referred to an arbitrator or a council of arbitration composed of three members, including a chairman.

If the dispute concerns one or several matters listed in section 61.1, the agreement relating to arbitration must be made by one or more associations whose representativeness is 50% or more in the sector and by the employers’ association entrusted with a mandate for that purpose by one or more sector-based employers’ associations whose representativeness is 50% or more. If the dispute concerns other matters, the agreement relating to arbitration must be made by one or more associations whose representativeness is 50% or more and by the sector-based employers’ association of the sector concerned.

The agreement may provide for the appointment of the arbitrator or of the members of the council of arbitration, determine the fees and expenses to which they are entitled and provide for the apportionment of those fees and expenses among the parties to the agreement. A copy of the agreement shall be sent to the Minister without delay.

The Minister may decide any matter referred to in the third paragraph that has not been settled by the agreement and shall inform the parties without delay. The Minister’s decision binds the parties and shall be executed as if it formed part of the agreement.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19; 1993, c. 61, s. 27; 1995, c. 8, s. 26; 1998, c. 46, s. 102.

1995-02-08

45. A dispute may be referred to an arbitrator on the joint application of the parties.

If the dispute concerns one or several matters listed in section 61.1, the application must be made by one or more associations whose representativeness is 50 % or more in the sector and by the employers’ association entrusted with a mandate for that purpose by one or more sector-based employers’ associations whose representativeness is 50 % or more. If the dispute concerns other matters, the application must be made by one or more associations whose representativeness is 50 % or more and by the sector-based employers’ association of the sector concerned.

Sections 74 to 91.1, the second sentence of section 92 and section 93 of the Labour Code (chapter C-27) apply to the arbitration of the dispute.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19; 1993, c. 61, s. 27; 1995, c. 8, s. 26.

1994-07-01

45. A dispute may be referred to an arbitrator on the joint application of the parties.

If the dispute concerns one or several matters listed in section 61.1, the application must be made by one or more associations whose representativeness is 50 % or more in the sector and by the employers’ association entrusted with a mandate for that purpose by one or more sector-based employers’ associations whose representativeness is 50 % or more. If the dispute concerns other matters, the application must be made by one or more associations whose representativeness is 50 % or more in the sector concerned and by the employers’ association entrusted with a mandate for that purpose by the sector-based employers’ association in that sector.

Sections 74 to 91.1, the second sentence of section 92 and section 93 of the Labour Code (chapter C-27) apply to the arbitration of the dispute.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19; 1993, c. 61, s. 27.

1979-02-15

45. If there is not such an agreement, the dispute may be referred to a council of arbitration in accordance with the Labour Code with the consent of the employers’ association and the associations of employees whose representativeness is more than 50 %.

Strikes or lock-outs are permitted from the expiry date of the decree unless the dispute is referred to a council of arbitration.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19.

1977-12-31

45. If there is not such an agreement, the dispute may be referred to a council of arbitration in accordance with the Labour Code with the consent of the employers’ association and the associations of employees whose representativeness is more than fifty per cent.

Strikes or lock-outs are permitted from the original expiry date of the decree unless the dispute is referred to a council of arbitration.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5.