6 (1) Within seven days after the day upon which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, each of the parties shall appoint to a board of arbitration a member who has agreed to act.  R.S.O. 1990, c. H.14, s. 6 (1). Extension of time (2) The parties by a mutual agreement in writing may extend the period of seven days mentioned in subsection (1) for one further period of seven days.  R.S.O. 1990, c. H.14, s. 6 (2). Failure to appoint member (3) Where a party fails to appoint a member of a board of arbitration within the period or periods mentioned in subsection (1), the Minister, upon the written request of either of the parties, shall appoint such member.  R.S.O. 1990, c. H.14, s. 6 (3). Third member (4) Within ten days after the day on which the second of the members was appointed, the two members appointed by or on behalf of the parties shall appoint a third member who has agreed to act, and such third member shall be the chair.  R.S.O. 1990, c. H.14, s. 6 (4). Failure to appoint third member (5) Where the two members appointed by or on behalf of the parties fail within ten days after the appointment of the second of them to agree upon the third member, notice of such failure shall be given forthwith to the Minister by the parties, the two members or either of them and the Minister shall appoint as a third member a person who is, in the opinion of the Minister, qualified to act.  R.S.O. 1990, c. H.14, s. 6 (5). Notice of appointment by party (6) As soon as one of the parties appoints a member to a board of arbitration, that party shall notify the other party and the Minister of the name and address of the member appointed.  R.S.O. 1990, c. H.14, s. 6 (6). Notice of appointment by members (7) As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed.  R.S.O. 1990, c. H.14, s. 6 (7). Selection of method (7.1) If the chair of the arbitration board was appointed by the Minister, subject to subsections (7.2) to (7.4), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection.  1997, c. 21, Sched. A, s. 4 (2). Same, mediation-arbitration (7.2) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate.  1997, c. 21, Sched. A, s. 4 (2). Same, final offer selection (7.3) The method selected shall not be final offer selection without mediation.  1997, c. 21, Sched. A, s. 4 (2). Same, mediation-final offer selection (7.4) The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute.  1997, c. 21, Sched. A, s. 4 (2). Vacancies (8) If a person ceases to be a member of a board of arbitration by reason of resignation, death or otherwise before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by such person.  R.S.O. 1990, c. H.14, s. 6 (8). Replacement of member (9) If, in the opinion of the Minister, a member of a board of arbitration has failed to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person.  1997, c. 21, Sched. A, s. 4 (3). Replacement of chair (10) If the chair of a board of arbitration is unable to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may appoint a person to act as chair in his or her place.  1997, c. 21, Sched. A, s. 4 (3). Where single arbitrator unable to act (11) If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications.  1997, c. 21, Sched. A, s. 4 (3). Idem (12) No person shall be appointed a member of a board of arbitration under this Act who has any pecuniary interest in the matters coming before it or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties.  R.S.O. 1990, c. H.14, s. 6 (12). Time and place of hearings (13) Subject to subsection (13.1), the chair of the board of arbitration shall fix the time and place of the first or any subsequent hearing and shall give notice thereof to the Minister and the Minister shall notify the parties and the members of the board of arbitration thereof.  1997, c. 21, Sched. A, s. 4 (4). When hearings commence (13.1) The board of arbitration shall hold the first hearing within 30 days after the last (or only) member of the board is appointed.  1997, c. 21, Sched. A, s. 4 (4). Exception (13.2) If the method of arbitration selected by the Minister under subsection (7.1) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (13.1) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.  1997, c. 21, Sched. A, s. 4 (4). Failure of member to attend (14) Where a member of a board of arbitration appointed by a party or by the Minister is unable to attend the first hearing at the time and place fixed by the chair, the party shall, upon the request in writing of the chair, appoint a new member in place of such member and where such appointment is not made within five days of the date of the request, the Minister shall, upon the written request of the chair, appoint a new member in place of such member.  R.S.O. 1990, c. H.14, s. 6 (14). Order to expedite proceedings (15) Where a board of arbitration has been established, the chair shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that the board has failed to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may, after consulting the parties and the board, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be rendered within a reasonable time.  1997, c. 21, Sched. A, s. 4 (5). Procedure (16) Subject to the other provisions of this section, a board of arbitration shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions.  1997, c. 21, Sched. A, s. 4 (5). Time for submission of information (16.1) If the method of arbitration selected by the Minister under subsection (7.1) is mediation-arbitration or mediation-final offer selection, the chair of the board of arbitration may, after consulting with the parties, set a date after which a party may not submit information to the board unless, (a) the information was not available prior to the date; (b) the chair permits the submission of the information; and (c) the other party is given an opportunity to make submissions concerning the information.  1997, c. 21, Sched. A, s. 4 (5). Idem (17) If the members of a board of arbitration are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs.  R.S.O. 1990, c. H.14, s. 6 (17). Decision (18) The decision of a majority of the members of a board of arbitration is the decision of the board, but, if there is no majority, the decision of the chair is the decision of the board.  R.S.O. 1990, c. H.14, s. 6 (18). Notice of agreement to recommence (18.1) If any member of the board of arbitration was appointed by the Minister, the parties may, at any time before the arbitrator or board renders a decision, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different board of arbitration.  1997, c. 21, Sched. A, s. 4 (6). Termination of appointments (18.2) If notice is served on the Minister under subsection (18.1), the appointments of all the members of the board of arbitration are terminated.  1997, c. 21, Sched. A, s. 4 (6). Effective date of terminations (18.3) The terminations are effective on the day the Minister is served with the notice.  1997, c. 21, Sched. A, s. 4 (6). Obligation to appoint (18.4) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 5 (1), a person who agreed to act or shall each appoint, under subsection (1) of this section, a member who has agreed to act and section 5 and this section apply with respect to such appointments.  1997, c. 21, Sched. A, s. 4 (6). Powers (19) The chair and the other members of a board of arbitration established under this Act have, respectively, all the powers of a chair and the members of a board of arbitration under the Labour Relations Act, 1995.  R.S.O. 1990, c. H.14, s. 6 (19); 2000, c. 38, s. 39 (5). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 4 (2-6) - 29/10/1997 2000, c. 38, s. 39 (5)
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