165 (1) Where an employee bargaining agency or an affiliated bargaining agent conducts a strike vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only persons entitled to cast ballots in the vote shall be, (a) employees in the provincial bargaining unit on the date the vote is conducted; and (b) persons who are members of the affiliated bargaining agent or employee bargaining agency and who are not employed in any employment, (i) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock-out relating to the provincial bargaining unit, or (ii) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit.  1995, c. 1, Sched. A, s. 165 (1). Same, employers (2) Where an employer bargaining agency or employers’ organization conducts a lock-out vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only employers entitled to cast ballots in the vote shall be employers represented by the employer bargaining agency or employers’ organization that employed, (a) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock-out relating to the provincial bargaining unit; or (b) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit, employees who are represented by the employee bargaining agency or an affiliated bargaining agent that would be affected by the lock-out or would be bound by the provincial agreement.  1995, c. 1, Sched. A, s. 165 (2). No counting until all voting completed (3) In a vote to ratify a proposed provincial agreement, no ballots shall be counted until the voting is completed throughout the province.  1995, c. 1, Sched. A, s. 165 (3). Certification of compliance (4) Within five days after a vote is completed, the employee bargaining agency, affiliated bargaining agent, employers’ organization or employer bargaining agency conducting the vote, as the case may be, shall file with the Minister a declaration in the prescribed form certifying the result of the vote and that it took reasonable steps to secure compliance with subsection (1) or (2), as the case may be, and with subsection (3).  1995, c. 1, Sched. A, s. 165 (4); 2009, c. 33, Sched. 20, s. 2 (13). Complaints (5) Where a complaint is made to the Minister that subsection (1), (2) or (3) has been contravened and that the result of a vote has been affected materially thereby, the Minister may, in the Minister’s discretion, refer the matter to the Board.  1995, c. 1, Sched. A, s. 165 (5). Same (6) No complaint alleging a contravention of this section shall be made except as may be referred to the Board under subsection (5).  1995, c. 1, Sched. A, s. 165 (6). Same (7) No complaint shall be considered by the Minister unless it is received within 10 days after the vote is completed.  1995, c. 1, Sched. A, s. 165 (7). Declaration and direction by Board (8) Where, upon a matter being referred to the Board, the Board is satisfied that subsection (1), (2) or (3) has been contravened and that such contravention has affected materially the results of a vote, the Board may so declare and it may direct what action, if any, a person, employer, employers’ organization, affiliated bargaining agent, employee bargaining agency or employer bargaining agency shall do or refrain from doing with respect to the vote and the provincial agreement or any related matter and such declaration or direction shall have effect from and after the day the declaration or direction is made.  1995, c. 1, Sched. A, s. 165 (8). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 20, s. 2 (13) - 15/12/2009