Organization Profile - Canada Industrial Relations Board

Minister of Labour and Seniors

Canada Labour Code
http://laws-lois.justice.gc.ca/eng/acts/L-2/index.html

The Board is composed of:

• a Chairperson, to hold office on a full-time basis;
• two or more Vice-Chairpersons, to hold office on a full-time basis, and any other Vice-Chairpersons, to hold office on a part-time basis, that the Governor in Council considers necessary to discharge the responsibilities of the Board;
• not more than six other members, of which not more than three represent employees, and of which not more than three represent employers, to hold office on a full-time basis;
• any other part-time members, representing, in equal numbers, employees and employers, that the Governor in Council considers necessary to discharge the responsibilities of the Board; and
• any other part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Part II of the Canada Labour Code.

The Chairperson and Vice-Chairpersons of the Board are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding five years each, subject to removal by the GIC at any time for cause.

The members appointed to represent employees and employers are to be appointed by the GIC on the recommendation of the Minister after consultation by the Minister with the organizations representative of employees or employers that the Minister considers appropriate, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

The members appointed to assist the Board in carrying its functions under Part II are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

A member of the Board is eligible for reappointment on the expiration of any term of office in the same or another capacity.

Where a member of the Board ceases to be a member of the Board for any reason other than removal, the member may, at the request of the Chairperson, carry out and complete any duties or responsibilities that the member would otherwise have had if the member had not ceased to be a member, in connection with any matter that came before the Board while the member was still a member of the Board and in respect of which there was any proceeding in which the member participated as a member.

The members of the Board must be Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act. The full-time members of the Board must reside in the National Capital Region or within the distance from the National Capital Region that is determined by the Governor in Council.

The full-time members of the Board must not hold any other employment or office in respect of which they receive any remuneration.

The Chairperson and Vice-Chairpersons must have experience and expertise in industrial relations.

If the Chairperson of the Board is absent or unable to act or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister acts as Chairperson for the time being, and a Vice-Chairperson so designated has and may exercise all the powers and perform all the duties and functions of the Chairperson.

The Canada Labour Code specifies that the members of the Board representing employees and employers are to be appointed by the Governor in Council on the recommendation of the Minister after consultation by the Minister with the organizations representative of employees or employers that the Minister considers appropriate.

Five persons, namely the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers, constitute a quorum.