150.4 (1) Subject to subsection (2), either party to negotiations for the renewal or replacement of a collective agreement that expires on April 30 in a given year according to section 150.2 may, by notice given in accordance with subsection (4), require that the matters in dispute between them be decided by arbitration.  2005, c. 15, s. 9. Restriction (2) A party shall not give notice under subsection (1) until the later of, (a) the day on which a strike or lock-out would have been legal had it not been for section 150.3; and (b) June 15 of the year in which the collective agreement that is being renewed or replaced expires.  2005, c. 15, s. 9. Exception (3) Despite subsection (2), notice under subsection (1) may be given at any time after April 30 of the relevant year if, (a) notice of desire to bargain has been given; and (b) both parties agree that notice may be given under subsection (1).  2005, c. 15, s. 9. Notice (4) The notice shall be given in writing to the other party and to the Minister.  2005, c. 15, s. 9. Effect of notice (5) If notice is given under subsection (1), (a) the parties may jointly appoint an arbitrator or either party may request the Minister in writing to appoint an arbitrator; (b) if subsection (3) applies, (i) the Minister shall not appoint a conciliation officer, a conciliation board or a mediator, and (ii) the appointment of any previously appointed conciliation officer, conciliation board or mediator shall be deemed to be terminated; and (c) subject to subsection (6), all terms and conditions of employment and all rights, privileges and duties that existed under the collective agreement that expired on April 30 of the relevant year shall apply with respect to the employer, the trade union and the employees, as the case may be, during the period beginning on the day on which notice was given and ending on the day, (i) the collective agreement is renewed or replaced, or (ii) the right of the trade union to represent the employees is terminated.  2005, c. 15, s. 9. Exception (6) The employer and the trade union may agree to alter a term or condition of employment or a right, privilege or duty referred to in clause (5) (c).  2005, c. 15, s. 9. Minister to appoint arbitrator (7) Upon receiving a request under clause (5) (a), the Minister shall appoint an arbitrator.  2005, c. 15, s. 9. Replacement (8) If the arbitrator who is appointed is unable or unwilling to perform his or her duties, a new arbitrator shall be appointed in accordance with subsections (5) and (7).  2005, c. 15, s. 9. Appointment and proceedings not to be questioned (9) The appointment of a person as an arbitrator under this section shall be conclusively presumed to have been properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator’s proceedings.  2005, c. 15, s. 9. Fees and expenses (10) Each party shall pay one-half of the arbitrator’s fees and expenses.  2005, c. 15, s. 9. Arbitration method and procedure (11) If the parties do not agree on the method of arbitration or the arbitration procedure, the method or procedure, as the case may be, shall be as prescribed by the regulations.  2005, c. 15, s. 9. Non-application of Arbitration Act, 1991 (12) The Arbitration Act, 1991 does not apply to an arbitration under this section.  2005, c. 15, s. 9. Regulations (13) The Lieutenant Governor in Council may make regulations, (a) prescribing a method of arbitration, which may be mediation-arbitration, final offer selection or any other method of arbitration; (b) prescribing an arbitration procedure; (c) prescribing the powers of an arbitrator; (d) prescribing a scale of fees and expenses allowable to arbitrators with respect to their duties under this section and limiting or restricting the application of those fees or expenses; (e) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator; (f) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules upon being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules; (g) providing for the circumstances under which the jurisdiction of the arbitrator may be limited where the parties have agreed to some of the matters in dispute; (h) prescribing time limits for the commencement of arbitration proceedings or for the rendering of the arbitrator’s decision and providing for the extension of those time limits; (i) requiring the parties to prepare and execute documents giving effect to the arbitrator’s decision, requiring the arbitrator to prepare those documents if the parties fail to do so and providing for the deemed execution of the documents if either or both of the parties do not execute them.  2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 2005, c. 15, s. 9
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