55.11 In addition to the purposes referred to in section 2, the purposes of this Part are to

1. achieve orderly collective bargaining in the construction industry,
2. establish a labour relations environment conducive to skills development in the construction industry, and
3. facilitate the implementation of multi-employer and multi-trade collective bargaining for craft bargaining units within ICI construction.

55.12 For the purposes of section 19 with respect to a change in trade union representation in the construction industry, the seventh and eighth months for an appropriate unit are deemed to be July and August.

55.13

1. Subject to sections 55.15 and 55.26, a construction industry collective agreement must be for a term of not more than 3 years.
2. Despite subsection (1), a project collective agreement may be for a term that ends when the project is completed.

55.14 A collective agreement entered into on or after the date this section comes into force by a trade union and a construction employer as a result of the employer having recognized the trade union as the agent to bargain collectively on behalf of a unit of employees has no effect until

1. a ratification vote has been conducted under this Code and a majority of employees voting have expressed support for accepting the proposed agreement, and
2. a copy of the agreement is filed with the board under section 51.

55.15

1. One or more persons who wish to engage in a major project in the construction industry may apply to the minister for the right to bargain collectively and enter into a project collective agreement for the duration of the project.
2. An application under subsection (1) must be in the form and contain the information required by the minister.
3. If the minister allows the establishment of a project collective agreement under this section, the collective agreement negotiated by the parties for that project takes precedence over any other collective agreements.

55.16

1. In this section:

   "jurisdictional dispute" means a dispute related to the assignment or distribution of work to trade union members or to workers of a particular trade or craft;

   "plan" means the plan for resolving work assignment and other jurisdictional issues established by CLRA and the BC & Yukon Territory Building and Construction Trades Council;

   "umpire" means the person appointed under the plan for resolving jurisdictional disputes.

2. On or after the date this section comes into force, the provisions of the plan are deemed to be a part of every collective agreement negotiated by an employer and a trade union for a craft bargaining unit in the construction industry.
3. In making a decision respecting assignments and distribution of work, the umpire must consider the practice and experience of the British Columbia construction industry.
4. The parties to a collective agreement referred to in subsection (2) must comply with the decisions of the umpire.
5. A decision of the umpire is deemed to be an arbitration award and section 102 applies to the decision.
6. A trade union must not establish picket lines or engage in a strike because of the employer's or umpire's assignment of work or for jurisdictional purposes.
7. An employer that is a party to a collective agreement referred to in subsection (2) must promptly pay to the trustees of the plan any reasonable fees established by the trustees.

55.17 If a trade union agrees to amend the terms and conditions of a collective agreement for the purposes of enabling employers' successful bidding of a contract, the trade union must treat all employers bidding on the project in the same way.

55.18

1. Trade unions representing employees in craft bargaining units in ICI construction must establish a bargaining council for the purposes of negotiating collective agreements.
2. A bargaining council established under subsection (1) is deemed to be a council of trade unions established under section 41 and is authorized to bargain on behalf of its members.
3. The constitution and bylaws of the bargaining council must be approved and accepted by the board.
4. If the constitution and bylaws referred to in subsection (3) are not agreed to by the trade unions and approved by the board within 60 days after this section comes into force, the board must, within 150 days after this section comes into force, determine the constitution and bylaws.

55.19 In addition to its other powers under this Part, the bargaining council has the authority to negotiate and bind its members to a project collective agreement.

55.2

1. CLRA is authorized to bargain on behalf of all unionized construction employers who have a bargaining relationship with a trade union representing employees in craft bargaining units within ICI construction.
2. Subsection (1) has no effect until the constitution and bylaws of CLRA are approved by the board.
3. If the constitution and bylaws referred to in subsection (2) are not agreed to by the employers and approved by the board within 60 days after this section comes into force, the board must, within 150 days after this section comes into force, determine the constitution and bylaws.
4. When the constitution and bylaws are approved by the board they are deemed to be a decision of the board.

55.21

1. All employers whose bargaining rights are affected by the operation of section 55.2 have the right to join and participate in CLRA.
2. An employer is not required to assign to CLRA any bargaining rights not affected by this Division.

55.22

1. All of the collective bargaining rights, duties and obligations of building trades employers with respect to ICI construction vest in CLRA.
2. A trade union representing employees in craft bargaining units in ICI construction must bargain collectively with CLRA with respect to unionized construction employees that the trade union represents in those units.
3. Subject to section 55.15, on or after the date on which this section comes into force, a collective agreement that is entered into by a trade union representing craft bargaining units respecting a building trades employer is void if it is made with any person or organization other than CLRA.

55.23

1. Section 55.2 applies to
   1. an employer who subsequently becomes a building trades employer, or
   2. to the extent necessary to give effect to this Part, a unionized construction employer whose employees are represented by a trade union representing craft bargaining units who subsequently becomes engaged in ICI construction.
2. Despite subsection (1), the parties to a collective agreement must make special collective agreement arrangements that they consider reasonable for newly unionized employers for the purposes of accommodating existing projects of those employers.
3. If an employer disagrees with arrangements made under subsection (2), the employer may apply to the board for a determination.

55.24

1. Every building trades employer referred to in section 55.2 (1) must pay to CLRA contract administration fees that may be set by CLRA.
2. CLRA must not charge a fee under subsection (1) that is in the board's opinion unreasonable or discriminating.
3. To facilitate collection of contract administration fees, every building trades employer must provide CLRA with any information that is necessary, in the opinion of CLRA, for the calculation of the contract administration fees that are payable by building trades employers.

55.25

1. Unless a lawful lockout has occurred that has not been discontinued for a period of 72 hours, the bargaining council must not declare or authorize a strike without the support of the majority of affected employees and a majority of affected trade unions.
2. Unless a lawful strike has occurred that has not been discontinued for a period longer than 72 hours, CLRA must not declare or authorize a lockout without the support of the majority of affected employers.

55.26

1. A collective agreement negotiated between the bargaining council and CLRA must be for a 3 year term calculated from May 1 of the first year in which the collective agreement is concluded.
2. Despite subsection (1), a project collective agreement may be for a term that ends when the project is completed.

3

1. The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation Part 4.1 of the Labour Relations Code and to remedy any transitional difficulties encountered in so doing.
2. Unless earlier repealed, a regulation under this section is repealed one year after it is enacted.

4   This Act comes into force by regulation of the Lieutenant Governor in Council.

56. In this Part "perishable property" includes property that
    1. is imminently subject to spoilage, or
    2. may imminently become dangerous to life, health or other property.
57. 1. An employee bound by a collective agreement entered into before or after the coming into force of this Code must not strike during the term of the collective agreement, and a person must not declare or authorize a strike of those employees during that term.
    2. An employer bound by a collective agreement entered into before or after the coming into force of this Code must not during the term of the collective agreement lock out an employee bound by the collective agreement.
58. Every collective agreement must provide that there will be no strikes or lockouts so long as the agreement continues to operate and, if a collective agreement does not contain such a provision, it is deemed to contain the following provision:

    There shall be no strikes or lockouts so long as this agreement continues to operate.

59. 1. A person must not take a vote under section 60 or 61 on the question of whether to strike or on the question of whether to lock out until the trade union and the employer or their authorized representatives have bargained collectively in accordance with this Code.
    2. A trade union must not declare or authorize a strike and an employer must not declare or cause a lockout, until
       1. in the case of a trade union or an employee in the unit affected, either
          1. section 60 has been complied with, or
          2. a lawful lockout has occurred and has not been discontinued for a period longer than 72 hours, or
       2. in the case of an employer, either
          1. section 61 has been complied with, or
          2. a lawful strike has occurred and has not been discontinued for a period longer than 72 hours.
60.  
    1. A person must not declare or authorize a strike and an employee must not strike until a vote has been taken in accordance with the regulations by the employees in the unit affected, and the majority of those employees who vote have voted for a strike.
    2. If on application by a person directly affected by a strike vote or an impending strike, or on its own behalf, the board is satisfied that a vote has not been held in accordance with subsection (1), the board may make an order declaring the vote of no force or effect and directing that if another vote is conducted, the vote must be taken on the terms the board considers necessary or advisable.
    3. Except as otherwise agreed in writing between the employer or employers' organization authorized by the employer and the trade union representing the unit affected, if the vote favours a strike,
       1. a person must not declare or authorize a strike, and an employee must not strike, except during the 3 months immediately following the date of the vote, and
       2. an employee must not strike unless
          1. the employer has been served with written notice by the trade union that the employees are going on strike,
          2. written notice has been filed with the board,
          3. 72 hours or a longer period directed under this section has elapsed from the time written notice was
             1. filed with the board, and
             2. served on the employer, and
          4. if a mediation officer has been appointed under section 74, 48 hours have elapsed from the time the trade union is informed by the associate chair that the mediation officer has reported to him or her, or from the time required under subparagraph (iii) of this paragraph, whichever is longer.
    4. Despite subsection (3) (b) (iii), the board may direct a trade union to give more than 72 hour’s notice of a strike, on application or on its own motion, for the protection of
       1. perishable property, or
       2. other property or persons affected by perishable property.
    5. When the board makes a direction under subsection (4), the board
       1. shall specify the length of the written notice required, and
       2. may specify terms it considers necessary or advisable.
    6. If facilities, productions or services have been designated as essential services under Part 6 and a strike that affects those facilities, productions or services does not occur on the expiry of the 72 hour period referred to in subsection (3) (b) (iii) or the longer period specified under subsection (5), the trade union must give to the employer and to the board a new strike notice of at least 72 hours before commencing a strike.
61.  
    1. If 2 or more employers are engaged in the same dispute with their employees, a person must not declare or authorize a lockout and an employer must not lock out his or her employees until a vote as to whether to lock out has been taken by all the employers in accordance with the regulations, a majority of those employers who vote have voted for a lockout.
    2. If on application by a person directly affected by a lockout vote or an impending lockout, or on its own behalf, the board is satisfied that a vote has not been held in accordance with subsection (1) or the regulations, the board may make an order declaring the vote of no force or effect and directing that if another vote is conducted the vote must be taken on the terms the board considers necessary or advisable.
    3. Except as otherwise agreed in writing between the employer or employers' organization authorized by the employer and the trade union representing the unit affected,
       1. if a vote is taken under subsection (1) and the vote favours a lockout, a person must not declare or authorize a lockout and an employer shall not lock out his or her employees except during the 3 months immediately following the date of the vote, and
       2. an employer must not lock out his or her employees unless
          1. the trade union has been served with written notice by the employer that the employer is going to lock out his or her employees,
          2. written notice has been filed with the board,
          3. 72 hours or a longer period directed under this section has elapsed from the time written notice was
             1. filed with the board, and
             2. served on the trade union,

             and

          4. if a mediation officer has been appointed under section 74, 48 hours have elapsed from the time the employers are informed by the associate chair that the mediation officer has reported to him or her, or from the time required under subparagraph (iii) of this paragraph, whichever is longer.
    4. Despite subsection (3) (b) (iii), the board may direct an employer to give more than 72 hour’s notice of a lockout, on application or on its own motion, for the protection of
       1. perishable property, or
       2. other property or persons affected by perishable property,
    5. If the board makes a direction under subsection (4), the board
       1. must specify the length of the written notice required, and
       2. may specify terms it considers necessary or advisable.
    6. If facilities, productions or services have been designated as essential services under Part 6 and a lockout that affects those facilities, productions or services does not occur on the expiry of the 72 hour period referred to in subsection (3) (b) (iii) or the longer period specified under subsection (5), the employer must give to the board and the trade union a new lockout notice of at least 72 hours before commencing a lockout.
62. 1. If employees are lawfully on strike or lawfully locked out, their health and welfare benefits, other than pension benefits or contributions, normally provided directly or indirectly by the employer to the employees must be continued if the trade union tenders payment to the employer or to any person who was before the strike or lockout obligated to receive the payment
       1. in an amount sufficient to continue the employees' entitlement to the benefits, and
       2. on or before the regular due date of that payment.
    2. If subsection (1) is complied with
       1. the employer or other person referred to in that subsection must accept the payment tendered by the trade union, and
       2. A person must not deny to an employee a benefit described in that subsection, including coverage under an insurance plan, for which the employee would otherwise be eligible, because the employee is participating in a lawful strike or is lawfully locked out.
    3. A trade union and an employer may agree in writing to specifically exclude the operation of this section.
63. 1. This Code must not be construed to prohibit the suspension or discontinuance by an employer of operations in the employer's establishment, in whole or in part, for a cause not constituting a lockout.
    2. The burden of proof that operations in his or her establishment are or were suspended or discontinued for a cause not constituting a lockout is on the employer.
    3. An act or omission by a trade union or by the employees does not constitute a strike if
       1. it is required for the safety or health of those employees, or
       2. it is permitted under a provision of a collective agreement by which an employer agrees that employees within the bargaining unit covered by the collective agreement are not required to work in association with persons who are not members of
          1. the trade union representing the bargaining unit, or
          2. another trade union contemplated by the collective agreement.
64. A trade union or other person may, at any time and in a manner that does not constitute picketing as defined in this Code, communicate information to a person, or publicly express sympathy or support for a person, as to matters or things affecting or relating to terms or conditions of employment or work done or to be done by that person.
65. 1. In this section

       "ally" means a person who, in the board's opinion, in combination, in concert or in accordance with a common understanding with an employer assists the employer in a lockout or in resisting a lawful strike;

       "common site picketing" means picketing at or near a site or place where

       1. 2 or more employers carry on operations, employment or business, and
       2. there is a lockout or lawful strike by or against one of the employers referred to in paragraph (a), or one of them is an ally of an employer by or against whom there is a lockout or lawful strike.
    2. A person who, for the benefit of a struck employer, or for the benefit of an employer who has locked out, performs work, supplies goods or furnishes services of a nature or kind that, except for a lockout or lawful strike, would be performed, supplied or furnished by the employer, must be presumed by the board to be the employer's ally unless he or she proves the contrary.
    3. A trade union, a member or members of which are lawfully on strike or locked out, or a person authorized by the trade union, may picket at or near a site or place where a member of the trade union performs work under the control or direction of the employer if the work is an integral and substantial part of the employer's operation and the site or place is a site or place of the lawful strike or lockout.
    4. The board may, on application and after making the inquiries it requires, permit picketing
       1. at or near another site or place that the employer causing a lockout or whose employees are lawfully on strike is using to perform work, supply goods or furnish services for the employer's own benefit that, except for the lockout or strike, would be performed, supplied or furnished at the site or place where picketing is permitted by subsection (3), or
       2. at or near the place where an ally performs work, supplies goods or furnishes services for the benefit of a struck employer, or for the benefit of an employer who has locked out,

          but the board must not permit common site picketing unless it also makes an order under subsection (6) defining the site or place and restricting the picketing in the manner referred to in that subsection.

    5. In subsection (4) "employer" means the person whose operation may be lawfully picketed under subsection (3).
    6. The board may, on application or on its own motion, make an order defining the site or place at which picketing that is permitted by subsection (3), or that is permitted under subsection (4), may take place.
    7. If the picketing referred to in subsection (6) is common site picketing, the board must restrict the picketing in such a manner that it affects only the operation of the employer causing the lockout or whose employees are lawfully on strike, or an operation of an ally of that employer, unless it is not possible to do so without prohibiting picketing that is permitted by subsection (3) or (4), in which case the board may regulate the picketing as it considers appropriate.
    8. For the purpose of this section, divisions or other parts of a corporation or firm, if they are separate and distinct operations, must be treated as separate employers.
66. No action or proceeding may be brought for
    1. petty trespass to land to which a member of the public ordinarily has access,
    2. interference with contractual relations, or
    3. interference with the trade, business or employment of another person resulting in a reduction in trade or business, impairment of business opportunity or other economic loss

    arising out of strikes, lockouts or picketing permitted under this Code or attempts to persuade employees to join a trade union made at or near but outside entrances and exits to an employer's workplace.

67. Except as provided in this Code, a person must not picket in respect of a matter or dispute to which this Code applies.
68. 1. During a lockout or strike authorized by this Code an employer must not use the services of a person, whether paid or not,
       1. who is hired or engaged after the earlier of the date on which the notice to commence collective bargaining is given and the date on which bargaining begins,
       2. who ordinarily works at another of the employer's places of operations,
       3. who is transferred to a place of operations in respect of which the strike or lockout is taking place, if he or she was transferred after the earlier of the date on which the notice to commence bargaining is given and the date on which bargaining begins, or
       4. who is employed, engaged or supplied to the employer by another person,

          to perform

       5. the work of an employee in the bargaining unit that is on strike or locked out, or
       6. the work ordinarily done by a person who is performing the work of an employee in the bargaining unit that is on strike or locked out.
    2. An employer must not require any person who works at a place of operations in respect of which the strike or lockout is taking place to perform any work of an employee in the bargaining unit that is on strike or is locked out without the consent of the person.
    3. An employer must not
       1. refuse to employ or continue to employ a person,
       2. threaten to dismiss a person or otherwise threaten a person,
       3. discriminate against a person in regard to employment or a term or condition of employment, or
       4. intimidate or coerce or impose a pecuniary or other penalty on a person,

       because of the person's refusal to perform any or all of the work of an employee in the bargaining unit that is on strike or locked out.

69. An act done by 2 or more persons acting by agreement or combination, if done in contemplation or furtherance of a labour dispute, is not actionable unless it would be wrongful without an agreement or combination.
70. 1. If, on the complaint by an interested person, the board is satisfied that a declaration by or on behalf of a trade union or employer, or an agreement or combination between one or more employers and one or more trade unions, or 2 or more trade unions, is substantially affecting trade and commerce in a commodity or service or is substantially affecting the business, operations or purposes of the complainant, the board may, in its discretion, issue a declaratory opinion that
       1. the declaration, agreement or combination is void for all purposes,
       2. the declaration, agreement or combination is unenforceable in specified circumstances or for a specified period of time, or
       3. the declaration, agreement or combination is valid and enforceable.
    2. When the board issues a declaratory opinion under subsection (1) (a) or (b), it may make orders or take steps it considers advisable to ensure that persons affected by the declaration, agreement or combination are informed of the terms of the declaratory opinion.
    3. The board, in determining whether to issue a declaratory opinion under subsection (1), must consider
       1. the extent to which the employment, business, operations, purposes or property of the complainant have been affected by the declaration, agreement or combination, and
       2. the intent and purpose of this Part and the necessity for reasonable protection and advancement of a trade union or employer.
71. The board may refuse to make an order under Part 9 in respect of a matter arising under this Part if it believes it is just and equitable to do so in view of the improper conduct of the person applying for the order.
72. 1. If a dispute arises after collective bargaining has commenced, either of the parties to the dispute may apply to the chair to investigate or the chair on his or her own motion may
       1. investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia, and
       2. report the results of the investigation to the minister.
    2. If the minister
       1. after receiving a report of the chair respecting a dispute, or
       2. on the minister's own initiative

       considers that a dispute poses a threat to the health, safety or welfare of the residents of British Columbia, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia.

    3. When the minister makes a direction under subsection (2) the associate chair of the Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations.
    4. A mediator appointed under subsection (3) must report to the associate chair of the Mediation Division within 15 days of his or her appointment or within any additional period agreed on by the parties.
    5. The board
       1. must within 30 days of receiving the report of a mediator, designate facilities, productions and services as essential services under subsection (2), and
       2. may, in its discretion, incorporate any recommendations made by the mediator into the designation under that subsection.
    6. If the minister makes a direction under subsection (2) before a strike or lockout has commenced, the parties must not strike or lock out until the designation of essential services is made by the board.
    7. If the minister makes a direction under subsection (2) after a strike or lockout has commenced, the parties may continue the strike or lockout subject to any designation of essential services by the board.
    8. If the board designates facilities, productions and services as essential services, the employer and the trade union must supply, provide or maintain in full measure those facilities, productions and services and must not restrict or limit a facility, production or service so designated.
    9. A designation made under this section may be amended, varied or revoked and another made in its place, and despite section 135 the board may, in its discretion, on application or on its own motion, decline to file its order in a Supreme Court registry.
73. 1. Every employer, trade union or employee affected by a direction or designation made under section 72 with respect to the dispute must comply with the direction or designation.
    2. If a designation is made under section 72, the relationship between the employer and his or her employees, while the designation remains in effect, must be be governed by the terms and conditions of the collective agreement last in force between the employer and the trade union except as that collective agreement is amended by the board to the extent necessary to implement the designation of essential services.
    3. The board may under section 72 designate facilities, productions and services supplied, provided or maintained by employees of the employer who are represented by another trade union that is not involved in a collective bargaining dispute with the employer.
74. 1. The associate chair of the Mediation Division may appoint a mediation officer if
       1. notice has been given to commence collective bargaining between a trade union and an employer,
       2. either party makes a written request to the associate chair to appoint a mediation officer to confer with the parties to assist them to conclude a collective agreement or a renewal or revision of it, and
       3. the request is accompanied by a statement of the matters the parties have or have not agreed on in the course of collective bargaining.
    2. A person appointed as a mediation officer need not be an employee of the board.
    3. The minister may at any time during the course of collective bargaining between an employer and a trade union, if he or she considers that the appointment is likely to facilitate the making of a collective agreement, appoint a mediation officer to confer with the parties.
    4. If a mediation officer is appointed to confer with the parties, the mediation officer must, no later than 10 days after first meeting with the parties or 20 days after the mediation officer's appointment, whichever is sooner, or such longer period as the parties agree on or as the minister directs, report to the associate chair setting out the matters on which the parties have or have not agreed and such other information as the mediation officer considers relevant to the collective bargaining between the parties.
    5. If either party so requests of the associate chair, or if the minister so directs, the mediation officer must provide to the associate chair and the parties a report concerning the collective bargaining dispute and the report may include recommended terms of settlement.
    6. Parties conferring with a mediation officer under this section must provide the information that the mediation officer requests concerning their collective bargaining.
75. 1. If a strike or lockout has commenced, the trade union or employer commencing the strike or lockout must immediately inform the chair in writing specifying the date the strike or lockout commenced.
    2. The chair must inform the minister of strikes and lockouts that occur or are threatened.
76. 1. The minister may appoint a special mediator, and specify terms of reference for the special mediator, to assist the parties in settling the terms and conditions of a collective agreement or a renewal or revision of a collective agreement.
    2. The minister may terminate the appointment of a special mediator.
    3. The special mediator must keep the minister informed as to the progress of the mediation.
    4. The special mediator, in carrying out his or her duties under this Code, has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
77. 1. The associate chair may appoint a fact finder in respect of a collective bargaining dispute, and the associate chair must give written notice of the appointment to each of the parties to the dispute.
    2. Within 7 days after receiving the notice of the appointment of the fact finder, each party must give written notice to the fact finder and the other party setting out all matters the parties have agreed on for inclusion in a collective agreement and all matters remaining in dispute between the parties.
    3. If a party fails to comply with subsection (2), the fact finder may make a determination of the matters mentioned in subsection (2).
    4. It is the duty of a fact finder to confer with the parties and to inquire into, ascertain and make a report to the associate chair setting out the matters agreed on by the parties for inclusion in a collective agreement and the matters remaining in dispute between the parties.
    5. The fact finder may include in his or her report his or her findings in respect of any matter that he or she considers relevant to the making of a collective agreement between the parties.
    6. The associate chair must provide a copy of the fact finder's report to the parties, and may make it public if the associate chair considers it advisable to do so.
78. 1. Before the commencement of a strike or lockout, the employer of the employees in the affected bargaining unit may request that a vote of those employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, and if the employer requests that a vote be taken, the associate chair must direct that a vote of those employees to accept or reject the offer be held in a manner the associate chair directs.
    2. Before the commencement of a strike or lockout, the trade union that is certified as the bargaining agent of the employees in the affected bargaining unit may, if more than one employer is represented in the dispute by an employers' organization, request that a vote of those employers be taken as to the acceptance or rejection of the offer of the trade union last received by the employers' organization in respect of all matters remaining in dispute between the parties, and if the trade union requests that a vote be taken, the associate chair must direct that a vote of those employers to accept or reject the offer be held in a manner the associate chair directs.
    3. If a vote under this section favours the acceptance of a final offer, an agreement is thereby constituted between the parties.
    4. The holding of a vote or a request for the taking of a vote under subsection (1) or (2) does not extend any time limits or periods provided for in section 60 or 61.
    5. Only one vote in respect of the same dispute may be held under subsection (1) and only one vote in respect of the same dispute may be held under subsection (2).
    6. If, during a strike or lockout, the minister considers that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the minister may direct that a vote of the employees in the bargaining unit to accept or reject the offer be held forthwith in a manner the minister directs.
    7. If, during a strike or lockout, more than one employer is represented in the dispute by an employers' organization and the minister considers that it is in the public interest that the employers comprising the employers' organization be given the opportunity to accept or reject the offer of the bargaining agent for the employees last received by the employers' organization in respect of all matters remaining in dispute between the parties, the minister may direct that a vote of those employers to accept or reject the offer be held forthwith in a manner the minister directs.
79. 1. The minister may, on application or on his or her own motion, make or cause to be made inquiries considered advisable respecting labour relations matters, and subject to this Code and regulations, may do the things he or she considers necessary to maintain or secure labour relations stability and promote conditions favourable to settlement of disputes.
    2. For any of the purposes of subsection (1), or if in an industry a dispute between employers and employees exists or is likely to arise, the minister may refer the matter to an industrial inquiry commission for investigation and report.
    3. An industrial inquiry commission consists of one or more members appointed by the minister.
    4. The minister must furnish the industrial inquiry commission with a statement of the matters to be inquired into, and if an inquiry involves particular persons or parties, must advise them of the appointment of the industrial inquiry commission.
    5. An industrial inquiry commission must inquire into the matters referred to it by the minister and endeavour to carry out its terms of reference, and if a settlement is not effected in the meantime, must report the result of its inquiries and its recommendations to the minister within 14 days after its appointment or within a further time the minister specifies.
    6. On receipt of a report of an industrial inquiry commission relating to a dispute between employers and employees, the minister must furnish a copy to each of the parties affected and must publish it in the manner considered advisable.
    7. The members of an industrial inquiry commission have the power and authority of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
    8. If either before or after the report is made the parties agree in writing to accept the report in respect of the matters referred to the industrial inquiry commission, the parties are bound by the report in respect of those matters.
80. The minister may, on application or on his or her own motion, establish industry advisory councils considered appropriate to examine labour management relations in those industries and recommend to the minister and other interested persons or groups measures that may contribute to the improvement of those relations, including measures to achieve more effective collective bargaining and procedures for settling disputes.
81. In this Part

    "arbitration board" includes

    1. a single arbitrator, or
    2. another tribunal or body appointed or constituted under this Part or a collective agreement;

    "arbitration bureau" means the Collective Agreement Arbitration Bureau continued under this Part;

    "director" means the director of the arbitration bureau;

    "issue" means, in respect of an award, to make and publish the award to the parties to the arbitration;

    "settlement officer" means an employee appointed under the Public Service Act who is appointed as a settlement officer by the director.

82. 1. It is the purpose of this Part to constitute methods and procedures for determining grievances and resolving disputes under the provisions of a collective agreement without resort to stoppages of work.
    2. An arbitration board, to further the purpose expressed in subsection (1), must have regard to the real substance of the matters in dispute and the respective merit of the positions of the parties to it under the terms of the collective agreement, and must apply principles consistent with the industrial relations policy of this Code, and is not bound by a strict legal interpretation of the issue in dispute.
83. 1. The Collective Agreement Arbitration Bureau is continued consisting of a director and other employees appointed under the Public Service Act.
    2. The director must establish and maintain a register of arbitrators.
    3. The minister must appoint a joint advisory committee consisting of
       1. 2 persons representative of trade unions,
       2. 2 persons representative of employers,
       3. 2 persons representative of arbitrators, and
       4. the director, who is the chair of the committee.
    4. The joint advisory committee must advise the director on
       1. the training and education of labour arbitrators and settlement officers,
       2. research and publication of information concerning labour arbitrations, and
       3. the establishment and maintenance of a register of arbitrators.
84. 1. Every collective agreement must contain a provision governing dismissal or discipline of an employee bound by the agreement, and that or another provision must require that the employer have a just and reasonable cause for dismissal or discipline of an employee; but this section does not prohibit the parties to a collective agreement from including in it a different provision for employment of certain employees on a probationary basis.
    2. Every collective agreement must contain a provision for final and conclusive settlement without stoppage of work, by arbitration or another method agreed to by the parties, of all disputes between the persons bound by the agreement respecting its interpretation, application, operation or alleged violation, including a question as to whether a matter is arbitrable.
    3. If a collective agreement does not contain a provision referred to in subsections (1) and (2), the collective agreement is deemed to contain those of the following provisions it does not contain:
       1. the employer must not dismiss or discipline an employee bound by this agreement except for just and reasonable cause;
       2. if a difference arises between the parties relating to the dismissal or discipline of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including a question as to whether a matter is arbitrable, either of the parties, without stoppage of work, may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference to arbitration, and the parties must agree on a single arbitrator, the arbitrator musthear and determine the difference and issue a decision, which is final and binding on the parties and any person affected by it.
85. 1. If in the minister's opinion a part of the arbitration provision in a collective agreement, including the method of appointing the arbitration board, is inadequate, or the provision set out in section 84 (3) (b) is alleged by either party to be unsuitable, the minister may at the request of either party modify the provision so long as it conforms with section 84 (1) and (2).
    2. Until modified under subsection (1), the arbitration provision in the collective agreement, or in section 84 (3) (b), as the case may be, applies.
86. 1. Despite section 85, if there is a failure to appoint or constitute an arbitration board under a collective agreement or under section 84 (3), the director, at the request of either party, must make the appointments necessary to constitute an arbitration board, and a person so appointed by the director is deemed to be appointed in accordance with the collective agreement, or under section 84 (3), as the case may be.
    2. Nothing in a collective agreement is to be construed as requiring the director to constitute an arbitration board consisting of more than a single arbitrator.
87. 1. Either party to the collective agreement, within 45 days of the completion of the steps of the grievance procedure preceding a reference to arbitration, may request the director in writing to appoint a settlement officer to confer with the parties to assist them to settle the difference, if the request is accompanied by a statement of the difference to be settled.
    2. If a settlement officer is appointed under subsection (1), the settlement officer must, within 5 days of the appointment or within such further time as the director may allow,
       1. inquire into the difference,
       2. endeavour to assist the parties in settling the difference, and
       3. report to the director on the results of the inquiry and the success of the settlement effort.
    3. When the director receives a report under subsection (2) and the parties have not settled the difference, the director may refer the difference back to the parties.
88. If a difference arises during the term of a collective agreement, and in the board's opinion delay has occurred in settling it or it is a source of industrial unrest between the parties, the board may, on application by either party to the difference, or on its own motion,
    1. inquire into the difference and make recommendations for settlement, and
    2. if the difference is arbitrable, order that it be immediately submitted to a specified stage or step in the grievance procedure under the collective agreement or, whether or not the difference is arbitrable, request the minister to appoint a special officer.
89. For the purposes set out in section 82, an arbitration board has the authority necessary to provide a final and conclusive settlement of a dispute arising under a collective agreement, and without limitation, may
    1. make an order setting the monetary value of an injury or loss suffered by an employer, trade union or other person as a result of a contravention of a collective agreement, and directing a person to pay a person all or part of the amount of that monetary value,
    2. order an employer to reinstate an employee dismissed in contravention of a collective agreement,
    3. order an employer or trade union to rescind and rectify a disciplinary action that was taken in respect of an employee and that was imposed in contravention of a collective agreement,
    4. determine that a dismissal or discipline is excessive in all circumstances of the case and substitute other measures that appear just and equitable,
    5. relieve, on just and reasonable terms, against breaches of time limits or other procedural requirements set out in the collective agreement,
    6. dismiss or reject an application or grievance or refuse to settle a difference, if in the arbitration board's opinion, there has been unreasonable delay by the person bringing the application or grievance or requesting the settlement, and the delay has operated to the prejudice or detriment of the other party to the difference,
    7. interpret and apply any Act intended to regulate the employment relationship of the persons bound by a collective agreement, even though the Act's provisions conflict with the terms of the collective agreement, and
    8. encourage settlement of the dispute and, with the agreement of the parties, the arbitration board may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.
90. 1. Unless the provision required under section 84 or 85 provides otherwise, each party to an arbitration under section 84, 85, 104 or 105 shall bear
       1. its own fees, expenses and costs,
       2. the fees and expenses of a member of an arbitration board that is appointed by or on behalf of that party, and
       3. equally the fees and expenses of the chair of the arbitration board or a single arbitrator, unless the arbitration board allows another person to participate in the hearing in which case the arbitration board may direct that a portion of the fees and expenses of the chair be borne by that person.
    2. If the director appoints a single arbitrator or the chair of an arbitration board under section 86, each party must pay 1/2 the remuneration and expenses of the person appointed, unless the arbitration board allows another person to participate in the hearing in which case the arbitration board may direct that a portion of the fees and expenses of the chair be borne by that person.
    3. If the director appoints a member of an arbitration board under section 86 on the failure of one of the parties to make the appointment, that party must pay the remuneration and expenses of the person appointed.
91. If a difference has been submitted to arbitration and a party to the arbitration complains to the minister that the arbitration board has failed to render a decision in a reasonable time, the minister may, after consulting the parties and the arbitration board, issue an order the minister considers necessary to ensure a decision will be rendered without further undue delay.
92. 1. An arbitration board may
       1. determine its own procedure,
       2. receive and accept evidence and information on oath, affidavit or otherwise as in its discretion it considers proper, whether or not the evidence is admissible in a court of law,
       3. determine prehearing matters and issue prehearing orders,
       4. enter during regular working hours any land, ship, vessel, vehicle, aircraft or other means of conveyance or transport, factory, workshop or place of any kind where
          1. work is or has been done or commenced by employees,
          2. an employer carries on business, or
          3. anything is taking place or has taken place concerning a matter referred to the arbitration board under this Code,

          and may inspect any work, material, appliance, machinery, equipment or thing in it, and interrogate any person in relation to it, and

       5. authorize a person to do anything the arbitration board may do under paragraph (d) and report to the arbitration board in the presence of the parties or their representatives as a witness subject to cross examination by each party.
    2. The jurisdiction of an arbitration board to hear and determine a difference does not cease until the matters in dispute have been finally resolved.
93. 1. An arbitration board may, at the request of a party to the arbitration or on its own motion, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things it considers requisite to a full consideration of matters before the arbitration board, in the same manner as a court of record in civil cases.
    2. If an arbitration board consists of more than one person, the chair of the arbitration board may exercise all the authority of the arbitration board under subsection (1).
94. If a collective agreement provides for submission of a difference to an arbitration board consisting of more than one arbitrator, the decision of a majority of the arbitrators is the decision of the arbitration board, but if there is no majority decision, the decision of the chair of the arbitration board is the decision of the arbitration board.
95. The decision of an arbitration board is binding
    1. on the parties,
    2. in the case of a collective agreement between a trade union and an employers' organization, on the employers who are bound by the agreement who are affected by the decision,
    3. in the case of a collective agreement between a council of trade unions and an employer or an employers' organization, on the council, the constituent trade unions in it and the employer or employers who are covered by the agreement and who are affected by the decision, and
    4. on the employees who are bound by the collective agreement and who are affected by the decision,

    and they must comply in all respects with the decision.

96. An arbitration board must, within 10 days of issuing an award, file a copy of it with the director who must make the award available for public inspection.
97. The Commercial Arbitration Act does not apply to an arbitration under this Code.
98. An arbitration board may, at any stage of an arbitration, refer to the board for a binding opinion and decision a question of labour relations policy or interpretation of this Code arising in the course of the arbitration.
99. 1. On application by a party affected by the decision or award of an arbitration board, the board may set aside the award, remit the matters referred to it back to the arbitration board, stay the proceedings before the arbitration board or substitute the decision or award of the board for the decision or award of the arbitration board, on the ground that
       1. a party to the arbitration has been or is likely to be denied a fair hearing, or
       2. the decision or award of the arbitration board is inconsistent with the principles expressed or implied in this Code or another Act dealing with labour relations.
    2. An application to the board under subsection (1) must be made in accordance with the regulations.
100. On application by a party affected by a decision or award of an arbitration board, the Court of Appeal may review the decision or award if the basis of the decision or award is a matter or issue of the general law not included in section 99 (1).
101. Except as provided in this Part, the decision or award of an arbitration board under this Code is final and conclusive and is not open to question or review in a court on any grounds whatsoever, and proceedings by or before an arbitration board must not be restrained by injunction, prohibition or other process or proceeding in a court and are not removable by certiorari or otherwise into a court.
102. 1. If a party or a person has failed or neglected to comply with the decision of an arbitration board, a party or person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the Supreme Court registry a copy of the decision in the prescribed form.
     2. A decision filed under subsection (1) must be entered as if it were a decision of the court, and on being entered is deemed, for all purposes except an appeal from it, to be an order of the Supreme Court and enforceable as an order of the court.
103. If a collective agreement contains the following provision:

     If a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the collective agreement [here insert name], or a substitute agreed to by the parties, must at the request of either party

     1. investigate the difference,
     2. define the issue in the difference, and
     3. make written recommendations to resolve the difference

     within 30 days of the date of receipt of the request and, for those 30 days from that date, time does not run in respect of the grievance procedure.

     the Minister of Finance and Corporate Relations, on the minister's requisition, must pay out of the consolidated revenue fund 1/3 of the cost incurred by the parties for payment of reasonable remuneration, travelling and out of pocket expenses of the person named or his or her substitute.

104. 1. A party to a collective agreement may refer a difference respecting its interpretation, application, operation or alleged violation, including a question as to whether a matter is arbitrable, to the director for resolution by expedited arbitration.
     2. No difference may be referred to the director under this section unless
        1. the grievance procedure under the collective agreement has been exhausted, and
        2. the application is made within 45 days of the completion of the steps of the grievanceprocedure preceding a reference to arbitration.
     3. No difference under a collective agreement may be referred to the director under this section if
        1. the difference has been referred to arbitration under the collective agreement by the party who wishes to refer it under this section, or
        2. the time, if any, stipulated in or permitted under the collective agreement for referring the difference to arbitration has expired.
     4. If a difference is referred to the director within the time periods specified in this section, the director
        1. must appoint an arbitrator to hear and determine the matter arising out of the difference,
        2. must set the date on which the hearing by the arbitrator will commence, which date must be within 28 days after the day on which the difference was referred to the director, and
        3. may, if a party so requests and the other party agrees, appoint a settlement officer to assist the parties in settling the grievance before the hearing.
     5. If a settlement officer is appointed under subsection (4), the settlement officer must, within 5 days after the appointment or within such further time as the director may allow,
        1. inquire into the difference,
        2. endeavour to assist the parties in settling the difference, and
        3. report to the director on the results of the inquiry and the success of the settlement effort.
     6. If the parties are unable to settle the difference, the arbitrator appointed under subsection (4) must proceed to hear and determine the matter arising out of the difference and must, subject to subsection (7), issue a decision within 21 days after the conclusion of the hearing.
     7. If jointly requested to do so by the parties to the difference, the arbitrator appointed under subsection (4) must, if possible, issue an oral decision within one day after the conclusion of the hearing and must issue written reasons within the time specified in subsection (6).
     8. An arbitrator appointed under subsection (4) has all the power and jurisdiction of an arbitrator appointed under this Code or the collective agreement between the parties to the difference.
     9. This section applies to every party to a collective agreement and every person bound by a collective agreement, despite any provision in the collective agreement.
     10. The other provisions of this Part apply to an arbitration under this section, with the modifications necessary to accommodate appointments and expedited processes under this section.
105. 1. Despite any grievance or arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 84 (3), the parties to the collective agreement may, at any time, agree to refer one or more grievances under the collective agreement to a single mediator-arbitrator for the purpose of resolving the grievances in an expeditious and informal manner.
     2. The parties must not refer a grievance to a mediator-arbitrator unless they have agreed on the nature of any issues in dispute.
     3. The parties may jointly request the director to appoint a mediator-arbitrator if they are unable to agree on one, and the director must make the appointment.
     4. Subject to subsection (5), a mediator-arbitrator appointed by the director must begin proceedings within 28 days after being appointed.
     5. The director may direct a mediator-arbitrator to begin proceedings on such date as the parties jointly request.
     6. The mediator-arbitrator must endeavour to assist the parties to settle the grievance by mediation.
     7. If the parties are unable to settle the grievance by mediation, the mediator-arbitrator must endeavour to assist the parties to agree on the material facts in dispute and then must determine the grievance by arbitration.
     8. When determining the grievance by arbitration, the mediator-arbitrator may limit the nature and extent of evidence and submissions and may impose such conditions as he or she considers appropriate.
     9. The mediator-arbitrator must give a succinct decision within 21 days after completing proceedings on the grievance submitted to arbitration.
     10. Sections 89 to 103 apply in respect of a mediator-arbitrator and a settlement, determination or decision under this section.
106. 1. If during the term of a collective agreement there is or is a likelihood of a dispute or difference arising out of or relating to the agreement, the minister may in the interest of industrial peace appoint a special officer.
     2. On his or her appointment, the special officer must investigate the dispute or difference and may
        1. confer with the parties,
        2. hold hearings,
        3. make recommendations,
        4. make orders he or she considers necessary or advisable, including, without limitation, orders that the dispute or difference be submitted to a specified stage or step in the grievance procedure under the collective agreement, or
        5. arbitrate the dispute or difference himself or herself.
107. An order made by a special officer is binding on all persons bound by the collective agreement and all parties to the dispute or difference.
108. When a special officer makes an order on a matter not provided for by the collective agreement, or which differs from the provisions of the collective agreement, the order is binding on the parties to the dispute or difference for a period not exceeding 30 days.
109. For the purpose of investigating a dispute or difference or holding a hearing, a special officer has the powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act and may enter during regular working hours any land, ship, vessel, vehicle, aircraft or other means of conveyance or transport, factory, workshop or place of any kind where
     1. work is or has been done or commenced by employees,
     2. an employer carries on business, or
     3. anything is taking place or has taken place concerning a matter referred to the special officer under this Code,

     and may inspect any work, material, appliance, machinery, equipment or thing in it, or interrogate any person in relation to it.

110. For the purpose of a hearing, a special officer
     1. may receive and accept the evidence and information on oath, affidavit or otherwise that, in his or her discretion, he or she considers advisable, whether or not admissible as evidence in a court of law, and
     2. must determine his or her own procedure, but must give an opportunity to an interested party to present evidence and make representations.
111. The minister may not appoint a special officer more than twice in connection with the same dispute or difference.
112. 1. An order of a special officer shall be in writing signed by the special officer.
     2. The special officer must promptly
        1. deliver a copy of his or her order to the board, the employer and the trade union, and
        2. take reasonable steps to communicate the provisions of his or her order to persons bound or affected by it.
113. The minister must send to the board a copy of every appointment of a special officer under section 106.
114. The other provisions in this Part apply to matters arising under this Division.
115. 1. The Industrial Relations Council is continued as the Labour Relations Board.
     2. All business pending before the Industrial Relations Council before the coming into force of this subsection are to be continued before the Labour Relations Board and may be dealt with by the division of the board that the chair considers appropriate to that business.
     3. The board consists of a chair, vice chairs and as many other members equal in number representative of employers and employees respectively, as the Lieutenant Governor in Council considers proper, all of whom are to be appointed by the Lieutenant Governor in Council.
     4. The chair may designate one of the vice chairs to act in the chair's absence, and while acting the vice chair has the power and authority of the chair.
116. 1. There are to be 2 divisions of the board called the Mediation Division and the Adjudication Division.
     2. The chair must designate one of the vice chairs as associate chair of the Mediation Division and one of the vice chairs as associate chair of the Adjudication Division, and must designate another vice chair as registrar of the board.
     3. If the associate chair of a division is absent or unable to act, or the office of an associate chair is vacant, the chair may act as associate chair or may assign a vice chair to act.
     4. The chair may change an assignment or designation under this section.
117. 1. The chair may establish one or more panels of the board.
     2. A panel has the power and authority of the board in matters referred to the panel by the chair or coming before it under rules of the board made under this Code.
     3. Two or more panels may proceed with separate matters at the same time.
     4. The chair may refer a matter that is before the board to a panel or a matter that is before a panel to the board or another panel.
     5. A panel of the board consists of
        1. the chair or a vice chair,
        2. the chair and 2 or more vice chairs,
        3. 3 or more vice chairs,
        4. 3 or more vice chairs, and members, equal in number, representative of employers and employees respectively,
        5. the chair or a vice chair, and one member representative of employees and one member representative of employers, or
        6. the chair or a vice chair, and members, equal in number, representative of employers and employees respectively.
     6. The chair may terminate an appointment to a panel and may fill any vacancy on a panel.
118. 1. The board or a panel of the board must not proceed with a matter unless a quorum is present and remains present throughout the proceeding.
     2. A quorum of the board consists of the chair or a vice chair, and members, equal in number, representative of employers and employees respectively.
     3. A quorum of a panel consists of the chair or the vice chair, if appointed under section 117 (4) (a), or all members of the panel, including the chair or vice chair.
119. 1. The chair must preside at proceedings of the board and of all panels of which he or she is a member, and a vice chair must preside over all other panels.
     2. The decision of a majority of the members of the board or of a panel present at a proceeding is the decision of the board or panel, but if there is no majority, the decision of the chair or presiding vice chair governs.
120. The chair may establish a panel to which the board or another panel may refer a question of law respecting the interpretation of this Code, and its ruling is binding on the board or on the other panel.
121. 1. The chair may exercise any power or perform any duty or function of the board, an associate chair or member of the board.
     2. The chair may delegate to the associate chairs, the registrar and one or more of the other members a power, duty or function of the board.
122. 1. The board may, despite the Public Service Act, employ a secretary and other officers and employees it considers necessary for the purposes of this Code, and may determine their duties, conditions of employment and remuneration.
     2. This Code and the Public Service Labour Relations Act do not apply to the members of the board or the secretary, or the officers and employees of the board.
     3. The chair must designate an employee employed under subsection (1) as the information officer to advise the public with respect to this Code and its application to labour relations in British Columbia.
123. The board and each member of it has the power and authority of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
124. 1. The board may receive and accept such evidence and information on oath, affidavit or otherwise as in its discretion it considers proper, whether or not the evidence is admissible in a court of law.
     2. The board may request and receive a report from a person it appoints to investigate an application or to investigate and attempt to settle a dispute under this Code, a collective agreement or the regulations, and, despite section 146 (3), the board must disclose the report to the parties.
     3. Information relating to membership or any record that may disclose whether a person is or is not a member of a trade union produced in a proceeding before the board is for the exclusive use of the board and its representatives.
     4. Except with the consent of the board, a person must not disclose whether a person is or is not a member of a trade union.
125. On the recommendation of an officer appointed under section 14, 87 or 104 (4) (c), or on its own motion, the board may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things the officer or the board considers necessary to a full investigation and consideration of matters within the board's jurisdiction in the same manner as a court of record in civil cases.
126. 1. The board must determine its own practice and procedure, but must give full opportunity to the parties to a proceeding to present evidence and make submissions.
     2. The board, subject to the minister's approval, may make rules governing its practice and procedure and the exercise of its powers and establish forms it considers advisable.
127. 1. The principal office of the board must be at or near Vancouver, and the board and panels of the board must sit at the places the chair decides.
     2. Documents may be filed with the board at its principal office or at other offices throughout British Columbia designated for that purpose by the chair.
128. The board must render its decisions within a reasonable period of time and make all its decisions in proceedings under this Code available in writing for publication.
129. A member of the board, before acting as a member, must take and sign before a notary public or commissioner for taking affidavits for British Columbia, and file with the minister, an oath or affirmation of office in the following form:

     I, __________________, do solemnly swear (affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of chair (or vice chair or member) of the Labour Relations Board, and will not, except in the discharge of my duties, disclose to any person any of the evidence or other matter brought before the board.

130. 1. The Lieutenant Governor in Council may appoint a person to fill a vacancy on the board.
     2. If a member of the board resigns or his or her appointment terminates, he or she may carry out and complete duties or responsibilities and continue to exercise powers that he or she may have had if he or she had not ceased to be a member, in relation to a proceeding in which he or she participated as a member of the board, until the proceeding is completed.
131. 1. The chair holds office for a term of not less than 5 years specified by the Lieutenant Governor in Council and must not be removed before the expiration of that term except by an Act or resolution of the Legislature.
     2. The chair and the vice chairs and other members of the board must be paid compensation directed by the minister.
     3. The chair and the vice chairs and other members of the board must be reimbursed for actual and reasonable travelling and out of pocket expenses incurred by them in the discharge of their duties.
     4. The minister, on behalf of the government, may make a contract with the chair, vice chairs or other members of the board containing mutually agreed terms and conditions not inconsistent with this Code.
132. 1. The board may formulate general guidelines to further the operation of this Code but the board is not bound by those guidelines in the exercise of its powers or the performance of its duties.
     2. In formulating general guidelines the board may request that submissions be made to it by any person.
     3. The board must make available in writing for publication all general guidelines formulated under this section, and their amendments and revisions.
133. 1. If, on application or complaint by any interested person, under section 14, this section or another provision of this Code or regulations, or on its own motion, the board is satisfied that any person has contravened this Code, a collective agreement or the regulations, it may, in its discretion, do one or more of the following:
        1. order a person to do any thing for the purpose of complying with this Code, a collective agreement or the regulations, or torefrain from doing any act, thing or omission in contravention of this Code, a collective agreement or the regulations;
        2. order a person to rectify a contravention of this Code or the regulations;
        3. refuse to make an order, despite a contravention of this Code, a collective agreement or the regulations, if the board believes it is just and equitable to do so in view of the improper conduct of the person making the application or complaint;
        4. except in relation to conduct regulated by Part 5, make an order setting the monetary value of an injury or loss suffered by a person as a result of a contravention of this Code, a collective agreement or the regulations, and directing a person to pay to the person suffering the injury or loss the amount of that monetary value;
        5. order an employer to reinstate an employee discharged in contravention of this Code, a collective agreement or the regulations;
        6. make another order or proceed in another manner under this Code, consistent with section 2, that the board considers appropriate.
     2. If a request is made to the board to exercise its discretion under section 65 or another provision conferring on the board a discretion to prohibit, restrict, confine, regulate, control, direct or require the performance of any act or thing, the board may exercise its discretion and make an order, impose conditions or proceed in a manner it considers to be in furtherance of the purposes set out in section 2.
     3. If at any time before or during a proceeding the board or a person appointed by it is able to settle all or part of the differences between the parties to the proceeding on terms not contrary to this Code, a collective agreement or the regulations, the board may issue a consent order setting out the terms of settlement agreed to by the parties, and this consent order has the same force and effect as an order under subsection (1).
     4. If in the board's opinion an application or complaint is without merit, it may reject the application or complaint at any time.
     5. If an application or complaint is made under this section or the minister makes a direction under Part 6 the board may, in its discretion, after giving each party to the matter an opportunity to be heard, make an interim order or designation pending a final resolution of the application or complaint under this section or a designation under Part 6.
     6. If the board is satisfied in any proceedings under this Code that a mistake has been made in naming or not naming a person as a party to the proceeding the board may direct that the name of the person be substituted, added or deleted as a party to the proceeding.
134. 1. If the board makes or may make a designation, decision or order under this Code, it may require, at any time before or after or both before and after the making of the designation, decision or order, that
        1. certain conditions specified by the board be observed or performed, or
        2. the applicant or complainant undertake to act or refrain from acting in a manner specified by the board.
     2. A breach of an undertaking or a refusal or neglect to observe or perform a condition specified by the board under subsection (1) is a contravention of this Code.

135. The board must on request by any party or may on its own motion file in a Supreme Court registry at any time a copy of a decision or order made by the board under this Code, a collective agreement or the regulations.

     1. The decision or order must be filed as if it were an order of the court, and on being filed it is deemed for all purposes except appeal from it to be an order of the Supreme Court and enforceable as such.
     2. For the purposes of this section, a designation or direction under Part 6 is deemed to be a decision or order of the board.
136. 1. Except as provided in this Code, the board has and must exercise exclusive jurisdiction to hear and determine an application or complaint under this Code and to make an order permitted to be made.
     2. Without limiting subsection (1), the board has and must exercise exclusive jurisdiction in respect of
        1. a matter in respect of which the board has jurisdiction under this Code or regulations, and
        2. an application for the regulation, restraint or prohibition of a person or group of persons from
           1. ceasing or refusing to perform work or to remain in a relationship of employment,
           2. picketing, striking or locking out, or
           3. communicating information or opinion in a labour dispute by speech, writing or other means.
137. 1. Except as provided in this section, a court does not have and must not exercise any jurisdiction in respect of a matter that is, or may be, the subject of a complaint under section 133 or a matter referred to in section 136, and, without limitation, a court must not make an order enjoining or prohibiting an act or thing in respect of them.
     2. This Code must not be construed to restrict or limit the jurisdiction of a court, or to deprive a court of jurisdiction to entertain a proceeding and make an order the court may make in the proper exercise of its jurisdiction if a wrongful act or omission in respect of which a proceeding is commenced causes immediate danger of serious injury to an individual or causes actual obstruction or physical damage to property.
     3. Despite this Code or any other Act, a court must not, on an application made without notice to any other person, order an injunction to restrain a person from striking, locking out or picketing, or from doing an act or thing in respect of a strike, lockout, dispute or difference arising from or relating to a collective agreement.
     4. A court of competent jurisdiction may award damages for injury or losses suffered as a consequence of conduct contravening Part 5 if the board has first determined that there has been a contravention of Part 5.
138. A decision or order of the board under this Code, a collective agreement or the regulations on a matter in respect of which the board has jurisdiction is final and conclusive and is not open to question or review in a court on any grounds.
139. The board has exclusive jurisdiction to decide a question arising under this Code and on application by any person or on its own motion may decide for all purposes of this Code any question, including, without limitation, any question as to whether
     1. a person is an employer or employee,
     2. an organization or association is an employers' organization or a trade union,
     3. a collective agreement has been entered into,
     4. a person is or what persons are bound by a collective agreement,
     5. a person is or what persons are parties to a collective agreement,
     6. a collective agreement has been entered into on behalf of a person,
     7. a collective agreement is in full force and effect,
     8. a person is bargaining collectively or has bargained collectively in good faith,
     9. an employee or a group of employees is a unit appropriate for collective bargaining,
     10. an employee belongs to a craft or group exercising technical or professional skills,
     11. a person is a member in good standing of a trade union,
     12. a person is included in or excluded from an appropriate bargaining unit,
     13. an employer is included in or excluded from an accreditation,
     14. a person is a dependent contractor,
     15. an organization of trade unions is a council of trade unions,
     16. a service is essential for the purposes of Part 6,
     17. a person is described in section 68 (1),
     18. a trade union, council of trade unions or employers' organization is fulfilling a duty of fair representation,
     19. a site or place is a site or place of business, operations or employment of an employer,
     20. a person is an ally,
     21. a person is a professional,
     22. a person exercises technical or professional skills, and
     23. an activity constitutes a strike, lockout or picketing.
140. The board, in relation to a proceeding or matter before it, has power to
     1. summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things the board considers necessary to a full investigation and consideration of a matter within its jurisdiction that is before it in the proceeding,
     2. administer oaths and affirmations,
     3. examine, in accordance with rules of the board, evidence submitted to it respecting the membership of an employee in a trade union seeking certification,
     4. examine documents forming or relating to the constitution or articles of association of
        1. a trade union seeking certification,
        2. a trade union forming part of a council of trade unions seeking certification, or
        3. an employers' organization seeking accreditation,
     5. examine records and make inquiries it considers necessary,
     6. require an employer to post and keep posted in appropriate places a notice the board considers necessary to bring to the attention of employees a matter relating to the proceeding,
     7. enter during regular working hours any land, ship, vessel, vehicle, aircraft or other means of conveyance or transport, factory, workshop or place of any kind where
        1. work is or has been done or commenced by employees,
        2. an employer carries on business, or
        3. anything is taking place or has taken place concerning a matter referred to it under this Code,

        and may inspect any work, material, appliance, machinery, equipment or thing in it and interrogate any person in relation to it,

     8. order that
        1. a representation vote be taken, in accordance with Part 3 and the regulations, among employees affected by the proceeding, before or after a hearing the board may conduct in respect of the proceeding, and
        2. ballots cast in the vote be sealed in ballot boxes and not counted until the parties to the proceeding have been given an opportunity to be heard by the board,
        3. enter an employer's premises to conduct representation votes during working hours,
        4. authorize a person to do anything the board may do under paragraphs (b) to (g) or paragraph (i) and report to the board,
        5. adjourn or postpone the proceeding,
        6. shorten or lengthen the time for instituting the proceeding or for doing an act, filing a document or presenting evidence in the proceeding,
        7. amend or permit amendment of a document filed in the proceeding, and
        8. add a party to the proceeding at any stage.
141. 1. On application by any party affected by a decision of the board, the board may grant leave to that party to apply for reconsideration of the decision.
     2. Leave to apply for reconsideration of a decision of the board may be granted if the party applying for leave satisfies the board that
        1. evidence not available at the time of the original decision has become available, or
        2. the decision of the board is inconsistent with the principles expressed or implied in this Code or in any other Act dealing with labour relations.
     3. Leave to apply for reconsideration of a decision of the board under this section may be granted only once in respect of that decision.
     4. Subsection (1) does not apply to a decision of the board to grant or deny leave under subsection (2) or to a decision made by the board on reconsideration.
     5. An application under subsection (1) must be made within 15 days of the publication of the reasons for the decision that is the subject of the application.
     6. If an application for leave is made under subsection (1), another party affected by the decision may apply for leave under that subsection within
        1. the period referred to in subsection (5), or
        2. 5 days of receiving the application, whichever is longer.
     7. On reconsideration under this section the board may vary or cancel the decision that is the subject of reconsideration or may remit the matter to the original panel.
     8. An application under this section must be made in accordance with the regulations.
142. The board, on application by any party or on its own motion, may vary or cancel the certification of a trade union or the accreditation of an employers' organization.
143. The board, on application by an employer or trade union, or on its own motion, may give a declaratory opinion on a matter arising under this Code if it considers it appropriate to do so.
144. For the purpose of obtaining information to which the minister is entitled under this Code, the minister or a person designated by the minister has and may exercise the power and authority of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
145. The minister or a person designated by the minister may, for the purposes of this Code, enter during regular working hours any land, ship, vessel, vehicle, aircraft or other means of conveyance or transport, factory, workshop or place of any kind where
     1. work is or has been done or commenced by employees,
     2. an employer carries on business, or
     3. anything is taking place or has taken place concerning a matter referred to the minister under this Code,

     and may inspect any work, material, appliance, machinery, equipment or thing in it, or interrogate any person in relation to it.

146. 1. The minister may receive and hold in confidence a proposal made by a party for settlement of a dispute or difference.
     2. If information relates to the business or affairs of any person, whether or not a party to a dispute, difference or other reference, the minister, if he or she believes disclosure of the information would be prejudicial to the person, may direct that the information must not be made public or that it be made public in the manner he or she directs.
     3. Information obtained for the purpose of this Code in the course of his or her duties by a member of the board, an industrial inquiry commission or other tribunal under this Code, a special officer, a mediator or other person appointed under this Code, an employee of any of them or an employee under the administration of the minister is not open to inspection by a person or a court, and the member, special officer, mediator or other person appointed under this Code or employee must not be required by a court or tribunal to give evidence relative to it.
147. A person appointed by the minister or the chair as a member of an industrial inquiry commission, committee of special advisors, industry advisory council or other tribunal established under this Code, or as a special officer, special mediator or fact finder must be reimbursed for reasonable travelling and out of pocket expenses incurred by the person, and may be paid remuneration the minister determines for each day's attendance in carrying out his or her duties under this Code.
148. For the purposes of this Code, an application to the minister, a notice requiring an employer and a trade union to negotiate or a collective agreement may be signed if it is made, given or entered into
     1. by an employer who is an individual, by that employer, or if several individuals are joint employers, by a majority of them,
     2. if the employers are represented by an employers' organization authorized by the employers, by the president and secretary of the employers' organization or any 2 of its officers or by a person authorized by resolution passed at a meeting of the employers' organization,
     3. by a corporation, by one of its authorized managers or by one or more of its principal executive officers, and
     4. by a trade union, by its president and secretary, by any 2 of its officers or by a person authorized by resolution passed at a meeting of the trade union.
149. 1. The board may direct a trade union or employers' organization that is a party to an application for certification or to an existing collective agreement to file with the board
        1. an affidavit signed by its president, secretary or another official stating the names and addresses of its officers, and
        2. a copy of its constitution and bylaws,

        and the trade union or employers' organization must comply with the direction within the time specified by the board.

     2. The board may direct an employer that is a party to an application for certification or to an existing collective agreement to file with the board
        1. an affidavit signed by the president, secretary or another official stating the names and addresses of any of the employer's directors and principal administrative officers, and
        2. a statement setting out the nature of the employer's business and the location of his or her business or operations.
150. 1. A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of the subordinate trade union under the constitution or bylaws of the provincial, national or international trade union is suspended, must, within 60 days after it has assumed supervision or control over the subordinate trade union, file with the board a statement, verified by the statutory declaration of its principal officers, setting out the terms under which supervision or control is to be exercised and it must, on the direction of the board, file such additional information concerning such supervision and control as the chair requires.
     2. If a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, that supervision or control must not continue for more than 12 months from the date of the assumption without the consent of the board.
151. 1. A trade union and an employers' organization must make available without charge to each of its members, before June 1 in each year, a copy of the audited financial statement of its affairs to the end of the last fiscal year, signed by its president and treasurer or corresponding principal officers.
     2. The financial statement must contain information in sufficient detail to disclose accurately the financial condition and operation of the trade union or employers' organization for its preceding fiscal year.
     3. The board, on the complaint of a member that the trade union or employers' organization has failed to comply with subsection (1), may order the trade union or employers' organization to file with the board, in the time set out in the order, a statement in a form and with particulars the board determines.
     4. The board may order a trade union or employers' organization to furnish a copy of a statement filed under subsection (3) to the members of the trade union or employers' organization that the board in its discretion directs, and the trade union or employers' organization must comply with the order.
152. 1. For the purpose of this Code or a proceeding under it, a notice or other communication sent by mail is presumed to have been received by the addressee in the ordinary course of mail unless the contrary is proved.
     2. Every party to a dispute must give written notice to the minister, the board and the other parties of the address of its principal or other office in British Columbia to which it wishes notices to be sent.
153. A notice, order or other paper or document required to be served for the purpose of this Code may be served by delivering it to or at the residence of the person on whom it is to be served or, if that person is an employer or a trade union, by delivering it or a true copy of it to the employer's agent or to the trade union's place of business during normal business hours.
154. Every trade union and every employers' organization is a legal entity for the purposes of this Code.
155. A document purporting to contain or to be a copy of a regulation, rule, direction, designation, order or other matter of the minister or the board, and purporting to be signed by the minister or a member of the board, must be accepted by a court as proof of the regulation, rule, direction, order or other matter of which it purports to contain or be a copy without proof of the signature of the minister or member of the board or of his or her appointment.
156. A proceeding under this Code or a collective agreement must not be considered invalid because of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice, and the board, arbitration board, industrial inquiry commission, special officer, court or other tribunal may relieve against those defects, irregularities or errors of procedure on just and reasonable terms.
157. 1. The board may report to the minister and must report to him or her on his or her request, and the minister may authorize the board to publish its report.
     2. The board must, on or before March 1 each year, make a report to the minister for the preceding calendar year, setting out briefly
        1. all applications to the board under this Code and summaries of the board's findings on them,
        2. other matters the board considers to be of public interest in the discharge of its duties under this Code, and
        3. other information the minister directs.
     3. The report referred to in subsection (2) must be laid before the Legislative Assembly as soon as is practicable.
158. A person who refuses or neglects to observe or carry out an order made under this Code is liable on conviction,
     1. if an individual, to a fine not exceeding $1 000, or
     2. if a corporation, trade union or employers' organization, to a fine not exceeding $10 000.
159. 1. The Lieutenant Governor in Council may make regulations.
     2. Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
        1. respecting applications for certification under Part 3,
        2. respecting voting under this Code,
        3. respecting application for reconsideration under section 141,
        4. prescribing requirements for evidence of membership in good standing in a trade union.
     3. A regulation made by the Lieutenant Governor in Council with respect to voting under this Code may, without limitation,
        1. require employers to supply information and records and to allow the use of facilities owned by the employer, and
        2. prescribe, with respect to ballots used in votes on the question of whether to strike or on the question of whether to lock out, the form in which the question on the ballots is to be worded.
160. Despite the repeal of the Industrial Relations Act, all regulations, certifications, accreditations, orders or directions of the Lieutenant Governor in Council, the minister, the Industrial Relations Council or another official made under the Industrial Relations Act remain in full force and effect until repealed, revoked, amended or varied under this Code.
161. All applications, proceedings, actions and inquiries commenced under the Industrial Relations Act shall be continued to their conclusion and treated for all purposes under and in conformity with this Code so far as it may be done consistently with this Code.
162. If, during the 90 day period after the coming into force of this section, a trade union applies for certification on the basis of membership in good standing evidenced by membership cards signed before the coming into force of section 22, the board may order that a representation vote be taken in accordance with the regulations.
163. 1. The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Code and to obviate any transitional difficulties encountered in so doing, and without limiting the generality of this, the regulations may for a period the Lieutenant Governor in Council specifies, suspend the operation of a provision of an enactment if that provision would impede the effective operation of this Code.
     2. Unless earlier repealed, a regulation under subsection (1) is repealed one year after it is enacted.
164. 1. The Industrial Relations Act, R.S.B.C. 1979, c. 212, is repealed by regulation of the Lieutenant Governor in Council.
     2. That part of section 60 of the Industrial Relations Reform Act, 1987, S.B.C. 1987, c. 24, that enacts sections 137.97 to 137.99 of the Industrial Relations Act is repealed.
165. The Acts listed in column 1 of Schedule 1 are amended in those of their sections or provisions listed opposite them in column 2 by striking out "Industrial Relations Act" wherever it appears and substituting "Labour Relations Code".
166. The Acts listed in column 1 of Schedule 2 are amended in those of their sections or provisions listed opposite them in column 2 by striking out "Industrial Relations Council" wherever it appears and substituting "Labour Relations Board".

      

167. Section 6 of the British Columbia Transit Act, R.S.B.C. 1979, c. 421, is amended
     1. in subsection (4) by striking out "under that Act," and substituting "under that Code,",
     2. in subsection (5) by striking out "under section 53 of the Industrial Relations Act," and substituting "under section 35 of the Labour Relations Code,", and
     3. in subsection (6) by striking out "under section 53 (3) of the Industrial Relations Act." and substituting "under section 35 (3) of the Labour Relations Code."
168. The College and Institute Act, R.S.B.C. 1979, c. 53, is amended
     1. in section 1 (2) by repealing the definition of "Industrial Relations Council" and substituting the following:

        "Labour Relations Board" means the Labour Relations Board under the Labour Relations Code; ,

     2. in section 42 (1) by striking out "under section 53 of the Industrial Relations Act," and substituting "under section 35 of the Labour Relations Code,", and
     3. in section 42 (2) by striking out "under that Act," and "that Act" and substituting "under that Code," and "that Code" respectively.
169. Section 23 of the Ferry Corporation Act, R.S.B.C. 1979, c. 128, is amended
     1. in subsection (3) by striking out "under that Act," and substituting "under that Code,", and
     2. in subsection (4) by striking out "under section 53 of the Industrial Relations Act," and substituting "under section 35 of the Labour Relations Code,".
170. Section 7 of the Institute of Technology Act, R.S.B.C. 1979, c. 199, is amended by striking out "in that Act" and substituting "in that Code".
171. Section 6 of the Metro Transit Operating Company Act, R.S.B.C. 1979, c. 257, is amended
     1. in subsection (3) by striking out "under that Act," and substituting "under that Code,",
     2. in subsection (4) by striking out "under section 53 of the Industrial Relations Act," and substituting "under section 35 of the Labour Relations Code,", and
     3. in subsection (5) by striking out "under section 53 (3) of the Industrial Relations Act." and substituting "under section 35 (3) of the Labour Relations Code."
172. Section 26 (4) of the Police Act, S.B.C. 1988, c. 53, is amended by striking out "Part 6 of the Industrial Relations Act" and substituting "Part 8 of the Labour Relations Code".
173. The Public Service Labour Relations Act, R.S.B.C. 1979, c. 346, is amended
     1. in the definition of "bargaining agent" in section 1 (1) and in sections 2 (2) and (3), 5, 7, 12 (2) and (3), 18 (2) and (3), 19 and 20 by striking out "council" wherever it appears and substituting "board",
     2. in section 1 (1) by repealing the definition of "council" and by adding the following definition:

        "board" means the Labour Relations Board under the Labour Relations Code; , and

     3. in section 17 (1), (2), (3), (5), (7), (10) (b) (ii) and (12) (b) by striking out "chairman of the Disputes Resolution Division of the council" wherever it appears and substituting "associate chair of the Mediation Division of the board".
174. The School Act, S.B.C. 1989, c. 61, is amended
     1. in section 28 (2) by striking out "Notwithstanding sections 34 (1) (i) and 42 of the Industrial Relations Act," and substituting "Despite sections 22 and 139 (i) of the Labour Relations Code,",
     2. in section 29 by striking out "that Act." and substituting "that Code.", and
     3. in section 34 by repealing subsection (3).
175. Section 17 of the System Act, R.S.B.C. 1979, c. 399, is amended
     1. in subsection (1) by striking out "under section 53 of the Industrial Relations Act," and substituting "under section 35 of the Labour Relations Code,", and
     2. in subsection (2) by striking out "under that Act," and "that Act" and substituting "under that Code," and "that Code" respectively.
176. This Code comes into force by regulation of the Lieutenant Governor in Council.

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