4 (1) The operation of section 40 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 17 (1). Appointment of a single arbitrator (2) If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer the matters for arbitration.  1993, c. 38, s. 4 (2). Appointment of a board of arbitration (3) If the parties have agreed to refer matters to a board of arbitration, (a) each party shall, within seven days after the parties agreed to refer the matters for arbitration, appoint a member of the board and inform the other party of the appointee; and (b) the members appointed under clause (a) shall, within five days after the second of them is appointed, appoint a third member who shall be the chair of the board.  1993, c. 38, s. 4 (3). If appointments not made (4) If an appointment is not made as required under subsection (2) or (3), the Minister may make the appointment and the Minister must do so on the request of a party.  1993, c. 38, s. 4 (4). Procedural and other provisions applicable (5) Subsections 6 (8) to (14), (17) and (18) of the Hospital Labour Disputes Arbitration Act apply, with necessary modifications, to arbitrators and boards of arbitration.  1993, c. 38, s. 4 (5). Procedure (6) The arbitrator or board of arbitration shall determine their own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and section 117 of the Labour Relations Act, 1995 applies to the arbitrator or board of arbitration and their decision and proceedings as if they were the Board.  1993, c. 38, s. 4 (6); 1995, c. 1, s. 17 (2). Cost of arbitrators (7) The remuneration and expenses of the arbitrator or the members of the board of arbitration shall be paid as follows: 1. If a single arbitrator is appointed, each party shall pay one-half of the remuneration and expenses of the arbitrator. 2. If a board of arbitration is appointed, each party shall pay the remuneration and expenses of the member appointed by or on behalf of the party and one-half of the remuneration and expenses of the chair.  1993, c. 38, s. 4 (7). Reference back to arbitrator or board (8) The arbitrator or board of arbitration may, upon application by a party within ten days after the release of a decision, amend, alter or vary the decision where it is shown to the satisfaction of the arbitrator or board that they failed to deal with any matter in dispute referred to them or that an error is apparent on the face of the decision.  1993, c. 38, s. 4 (8). Representations on reference back (9) Before amending, altering or varying a decision on an application under subsection (8), the arbitrator or board shall give the parties an opportunity to make representations on the application.  1993, c. 38, s. 4 (9). Time limit on reference back (10) A decision may be amended, altered or varied on an application under subsection (8) only within twenty days after the application is made.  1993, c. 38, s. 4 (10). No decision to require legislation (11) In making a decision, the arbitrator or board of arbitration shall not include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.  1993, c. 38, s. 4 (11). Scope of arbitration (12) The decision of the arbitrator or board of arbitration shall not include any matters upon which the parties have agreed if the arbitrator or board is notified in writing of the agreement of the parties on those matters.  1993, c. 38, s. 4 (12). Scope of arbitration, agreement by parties (13) The application of subsection (12) may be varied by the agreement of the parties.  1993, c. 38, s. 4 (13). Collective agreement prepared by arbitrator, etc. (14) If the parties have not agreed upon the terms of a collective agreement within thirty days after the release of the decision of the arbitrator or board of arbitration, the arbitrator or board shall prepare a document giving effect to the decision of the arbitrator or board and any agreement between the parties about which the arbitrator or board has been notified.  1993, c. 38, s. 4 (14). Same (15) The arbitrator or board of arbitration shall give copies of the document prepared under subsection (14) to the parties and upon doing so the document becomes a collective agreement under the Labour Relations Act, 1995 effective on the day set out in the document.  1993, c. 38, s. 4 (15); 1995, c. 1, s. 17 (3). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 17 (1-3) - 10/11/1995