R-8.3 - Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector

Section 55 Disposition versions

2016-11-02

55. Any arbitration hearing conducted under the Labour Code (chapter C-27) that has begun on 10 June 2016 continues to be governed by that Code, as it read on that date.

An arbitrator who, on that date, has not begun to hear a dispute pending before the arbitrator is removed from the dispute; any act done after that date is deemed to be null and void.

The hearing includes the evidence stage, followed by oral argument, in which parties make their addresses to the arbitrator.

Section 54 applies to disputes referred to in the second paragraph, unless there has been mediation or conciliation in accordance with the Labour Code, in which case the employer must notify the Minister on or before 2 December 2016. The following rules then apply:

(1)  the Minister must refer the dispute to which section 3 applies to a dispute settlement board, unless, within the same time, both parties notified the Minister that they wish to submit their dispute to the mediation provided for in Division II of Chapter II; and

(2)  the Minister must refer the dispute to which section 37 applies to an arbitrator, unless, within the same time, both parties notified the Minister that they wish to submit their dispute to the mediation provided for in Division II of Chapter III or unless a party applied for the appointment of a special mandatary in accordance with Division III of that chapter.

If the employer fails to send the notice provided for in the fourth paragraph within the prescribed time, the certified association may do so itself. The Minister may act on the Minister’s own initiative if no notice has been received on the 15th day after the day of expiry of the time limit provided for in the fourth paragraph.

2016, c. 24, s. 55.