Board, continued
104.  (1) The board known as the Ontario Labour Relations Board is continued under the name Ontario Labour Relations Board in English and Commission des relations de travail de l’Ontario in French. composition and appointment (2) The Board shall be composed of a chair, one or more vice-chairs and as many members equal in number representative of employers and employees respectively as the Lieutenant Governor in Council considers proper, all of whom shall be appointed by the Lieutenant Governor in Council. alternate chair (3) The Lieutenant Governor in Council shall designate one of the vice-chairs to be the alternate chair. divisions (4) The chair or, in the case of his or her absence from the office of the Board or his or her inability to act, the alternate chair shall from time to time assign the members of the Board to its various divisions and may change any such assignment at any time. R.S.O. 1990, c.L.2, s.104(1-4). construction industry division (5) One of the divisions of the Board shall be designated by the chair as the construction industry division, and it shall exercise the powers of the Board under this Act in proceedings to which sections 119 to 155 apply, but nothing in this subsection impairs the authority of any other division to exercise such powers. R.S.O. 1990, c.L.2, s.104(5); 1992, c.21, s.42(1). agriculture industry division (5.1) One of the divisions of the Board shall be designated by the chair as the agriculture industry division, and only it shall exercise the powers of the Board under this Act in proceedings to which the Agricultural Labour Relations Act, 1994 applies. 1994, c.6, s. 27(4). vacancies (6) Vacancies in the membership of the Board from any cause may be filled by the Lieutenant Governor in Council. R.S.O. 1990, c.L.2, s.104(6). powers following resignation, etc. (7) If a member of the Board resigns or his or her appointment expires, the chair of the Board may authorize the member to complete the duties or responsibilities and exercise the powers of a member in connection with any matter in respect of which there was a proceeding in which he or she participated as a member. 1992, c.21, s.42(2). oath of office (8) Each member of the Board shall, before entering upon his or her duties, take and subscribe before the Clerk of the Executive Council and file in his or her office an oath of office in the following form in English or French: I do solemnly swear (or solemnly 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 Ontario Labour Relations Board and I will not, except in the discharge of my duties, disclose to any person any of the evidence or any other matter brought before the Board. So help me God. (omit this phrase in an affirmation). quorum (9) The chair or a vice-chair, one member representative of employers and one member representative of employees constitute a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Board. may sit in divisions (10) The Board may sit in two or more divisions simultaneously so long as a quorum of the Board is present in each division. decisions (11) The decision of the majority of the members of the Board present and constituting a quorum is the decision of the Board, but, if there is no majority, the decision of the chair or vice-chair governs. R.S.O. 1990, c.L.2, s.104(8-11). death or incapacity (11.1) Despite subsections (9), (10) and (11), if a member representative of either employers or employees dies or is unable to continue to hear and determine an application, request, complaint, matter or thing, the chair or vice-chair, as the case may be, who was also hearing it may sit alone to hear and determine it and may exercise all of the jurisdiction and powers of the Board when doing so. idem (11.2) The chair or vice-chair shall decide whether to sit alone in the circumstances described in subsection (11.1). 1992, c.21, s.42(3). when chair or vice-chair may sit alone (12) Despite subsections (9), (10) and (11), the chair may sit alone or may authorize a vice-chair to sit alone in any of the following circumstances to hear and determine a matter and to exercise all the powers of the Board when doing so: 1. In the case of a matter respecting section 11.1, 69, 70, 73.1, 73.2 or 92.1, subsection 92.2(1) or (6) or section 94, 95, 126 or 137, i. if the chair considers it advisable to do so, or ii. if the parties consent. 2. In the case of any other proceeding, i. if the chair considers that the possibility of undue delay or other prejudice to a party makes it appropriate to do so, or ii. if the parties consent. same (12.1) For the purposes of subsection (12), if the chair is absent or not able to act, the alternate chair may act in his or her stead. 1992, c.21, s. 42(4). practice and procedure (13) The Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceeding to present their evidence and to make their submissions. rules of practice (13.1) The Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable. same (14) The Board may make rules to expedite proceedings to which the following provisions apply: 1. Section 11.1 (rights of access), 73.1 (replacement workers), 73.2 (use of specified replacement workers) or 92.1 (interim orders). 2. Subsection 93(1.2)(jurisdictional disputes) or 108(2). 3. Sections 119 to 138. 4. Such other provisions as the Lieutenant Governor in Council by regulation may designate. effective date of rules (14.1) Rules made under subsection (14) come into force on such dates as the Lieutenant Governor in Council may by order determine. special provisions (14.2) Rules made under subsection (14), (a) may provide that the Board is not required to hold a hearing; (b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions; and (c) may authorize the Board to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances. conflict with Statutory Powers Procedure Act (14.3) Rules made under subsection (14) apply despite anything in the Statutory Powers Procedure Act. 1992, c.21, s.42(5). rules not regulations (14.4) Rules made under subsection (13.1) or (14) are not regulations within the meaning of the Regulations Act. 1993, c.38, s.67(6). registrar, etc. (15) The Lieutenant Governor in Council may appoint a registrar, such other officers and such clerks and servants as are required for the purposes of the Board and they shall exercise the powers and perform the duties as are conferred or imposed upon them by the Board. remuneration (16) The members, the other officers and the clerks and servants of the Board shall be paid such remuneration as the Lieutenant Governor in Council may determine. seal (17) The Board shall have an official seal. office, sittings (18) The office of the Board shall be in Toronto, but the Board may sit at other places that it considers expedient. R.S.O. 1990, c.L.2, s.104(15-18).