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Labour Relations Act, 1995

ONTARIO REGULATION 94/07

GENERAL

Consolidation Period: From July 25, 2007 to the e-Laws currency date.

Last amendment: O. Reg. 259/07

This is the English version of a bilingual regulation.

Filing of arbitration awards

1. (1) Every arbitrator shall, within 10 days after issuing an award, file a copy with the Minister. O. Reg. 94/07, s. 1 (1).

(2) A record of all awards filed under subsection (1) shall be maintained. O. Reg. 94/07, s. 1 (2).

(3) Any person is entitled to a copy of an award filed under subsection (1), on request and on payment of the following fee:

1. For a copy of every award filed in a one-year period, $4,400.

2. For a copy of an award, 50 cents per page, if the person has not paid the fee described in paragraph 1. O. Reg. 259/07, s. 1.

Schedules of arbitrators’ fees

2. (1) The following rules relate to the filing of schedules of fees by arbitrators:

1. An arbitrator who has not already filed a schedule with the Minister shall do so on being appointed.

2. A person who is named to the list of approved arbitrators established by the Minister and has not already filed a schedule with the Minister shall do so on being named to the list.

3. A person may file a schedule with the Minister even if the person is not required to do so.

4. A person may file a schedule to replace a schedule filed earlier. O. Reg. 94/07, s. 2 (1).

(2) On being appointed, an arbitrator shall provide the parties with a copy of the schedule of fees that he or she filed most recently under subsection (1). O. Reg. 94/07, s. 2 (2).

(3) An arbitrator shall not charge fees except in accordance with the schedule he or she filed most recently under subsection (1). O. Reg. 94/07, s. 2 (3).

(4) Paragraph 1 of subsection (1) and subsections (2) and (3) do not apply to a member of a board of arbitration other than the chair. O. Reg. 94/07, s. 2 (4).

Forms

3. (1) In this section, when a form is referred to by number, the reference is to the form with that number that is described in Schedule 1. O. Reg. 94/07, s. 3 (1).

(2) A statement filed with the Board under section 89 of the Act shall be in Form 1. O. Reg. 94/07, s. 3 (2).

(3) A notice filed with the Board under section 94 of the Act shall be in Form 2. O. Reg. 94/07, s. 3 (3).

(4) A determination of the Board for filing in the Superior Court of Justice under subsection 96 (6) of the Act shall be in Form 3. O. Reg. 94/07, s. 3 (4).

(5) An order of the Board for filing in the Superior Court of Justice under subsection 99 (10) of the Act shall be in Form 4. O. Reg. 94/07, s. 3 (5).

(6) A direction of the Board for filing in the Superior Court of Justice under section 102 or subsection 144 (4) of the Act shall be in Form 5. O. Reg. 94/07, s. 3 (6).

(7) A copy of a decision of an arbitrator or arbitration board for filing in the Superior Court of Justice under subsection 48 (19) of the Act shall be in Form 6. O. Reg. 94/07, s. 3 (7).

(8) A declaration under subsection 165 (4) of the Act by an employer bargaining agency or employers’ organization shall be in Form 7. O. Reg. 94/07, s. 3 (8).

(9) A declaration under section 165 (4) of the Act by an employee bargaining agency or affiliated bargaining agent shall be in Form 8. O. Reg. 94/07, s. 3 (9).

(10) A copy of a decision of an arbitration board for filing in the Superior Court of Justice under subsection 48 (19) of the Act, as made applicable by subsection 103 (8) of the Act, shall be in Form 9. O. Reg. 94/07, s. 3 (10).

4. Omitted (revokes other Regulations). O. Reg. 94/07, s. 4.

SCHEDULE 1

1. Form 1, entitled “Statement of Trusteeship”, dated January 8, 2007 and available from the Board.

2. Form 2, entitled “Representative for Service of Process”, dated January 8, 2007 and available from the Board.

3. Form 3, entitled “Filing in Court (Determination of Board)”, dated January 8, 2007 and available from the Board.

4. Form 4, entitled “Filing in Court (Order of Board)”, dated January 8, 2007 and available from the Board.

5. Form 5, entitled “Filing in Court (Direction by Board)”, dated January 8, 2007 and available from the Board.

6. Form 6, entitled “Decision of Arbitrator or Arbitration Board under Section 48 of Act”, dated January 8, 2007 and available from the Ministry of Labour.

7. Form 7, entitled “Declaration by Employer Bargaining Agency or Employers’ Organization”, dated January 8, 2007 and available from the Ministry of Labour.

8. Form 8, entitled “Declaration by Employee Bargaining Agency or Affiliated Bargaining Agent”, dated January 8, 2007 and available from the Ministry of Labour.

9. Form 9, entitled “Decision of Arbitration Board under Section 103 of Act”, dated January 8, 2007 and available from the Ministry of Labour.

O. Reg. 94/07, Sched. 1.

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