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Trade Union Procedure Regulations

made under clause 12(1)(

b) of the

Labour Board Act

S.N.S. 2010, c. 37

O.I.C. 72-933 (August 29, 1972), N.S. Reg. 101/1972

amended to O.I.C. 2020-353 (effective December 23, 2020), N.S. Reg. 191/2020

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation

Part I

General

Application for Certification

Amendment and Revocation of Certification

Voluntary Recognition

Transfer of Business and Successor Rights

Work Stoppages and Jurisdictional Disputes

Unfair Practices

Part II—Construction Industry Labour Relations

Application for Certification

Accreditation

Revocation of Accreditation

Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization

Interpretation

(1) In these regulations

“Act” means the Trade Union Act ;

“Chief Administrator” means the Chief Administrator of the Board;

“holiday” means any Saturday or Sunday, New Year’s Day, Good Friday,

Dominion Day, Christmas Day, the birthday or the day appointed for the

celebration of birth of the reigning Sovereign, Victoria Day, Labour Day,

Remembrance Day, and any day appointed by any statute in force in the Province

of Nova Scotia or by Proclamation of the Governor General or the Lieutenant

Governor as a general holiday or for general fast or Thanksgiving, and whenever a

holiday other than Remembrance Day falls on a Sunday the expression holiday

includes the following day;

“party” means the applicant or complainant, each person named as respondent in

an application or complaint and each person who intervenes or is added as a party

by the Board under

Section 2;

“respondent” means the person named in an application or complaint as a

respondent or added as a respondent by the Board under

Section 2.

(2) Unless the context otherwise requires, words defined in the Act have the same

meaning when used in these regulations.

(3) Where a period of time is prescribed by these regulations expressed as a number of

days, the period shall be computed as the number of days exclusive of holidays.

Part I

General

(1) Service of a document required to be served by these regulations may be made by

any of the following methods, unless these regulations specify a particular method

of service:

(

a) in person;

(

b) by registered mail, addressed to the recipient at any of the following for the

recipient:

(

i) their address for service,

(ii) their last known or usual address,

(iii) the principal office of their place of business referred to in an

application, complaint, intervention or reply in a proceeding;

(

c) by facsimile transmission;

(

d) by e-mail or through such other form of electronic document exchange as

the Board authorizes.

(2) Except where otherwise provided by these regulations or the Board’s Rules of

Procedure the Chief Administrator shall serve each of the parties in any

proceeding with a copy of all documents filed in accordance with these regulations.

(3) The Board may direct that any person be added as a party to a proceeding or be

served with any document, as the Board considers advisable.

2A

(1) Except as directed by the Board under subsection (2), a notice that is required to be

posted under these regulations may be posted by 1 or more of the following

means:

(

a) posting of the notice along with all copies of the notice that the employer

has received in a conspicuous place or places on the employer’s premises

where the document is most likely to come to the attention of the

employees;

(

b) posting of the notice on a secure website to which all of the employer’s

employees have access;

(

c) simultaneous distribution of the notice by e-mail to the employer’s

employees, to the last known e-mail address of each employee.

(2) The Board may specify and direct the means for posting a notice under these

regulations.

(1) Where a document is required to be filed by these regulations, filing shall be

deemed to be made

(

a) at the time it is received by the Chief Administrator; or

(

b) where it is mailed by registered mail and addressed to The Labour Board,

P.O. Box 202, Halifax, Nova Scotia, at the time it is mailed.

(2) Where these regulations require a document to be filed with the Board in a form

approved by the Board, filing is not complete until all information called for on the

form is given to the Board, but the Chief Administrator may waive the

requirement of any information which is, in the Chief Administrator’s opinion,

unnecessary in the circumstances.

(3) The Board may dispose of any application or complaint without further notice to

any person who has not filed a document in the proceedings in the manner

prescribed by these regulations, but the Board may, in its discretion, permit the

person to make representations or adduce evidence.

(1) Where, in any proceeding, the Board deems it necessary to hear verbal evidence or

argument, the Chief Administrator shall serve the parties with notice of the time

and place fixed for the hearing.

(2) Where, in the opinion of the Board, it is conducive to the proper conduct of a

hearing or desirable for good industrial relations, the Board may exclude any

person other than counsel for the parties from a hearing.

(3) Where a person is served with a Notice of Hearing or is informed of the hearing by

posting by a means specified in

Section 2A and fails to appear at the hearing the

Board may dispose of the application or complaint without further notice to the

person and without considering any statement filed by the person.

(1) The Board may postpone or adjourn the consideration of any matter for such time

and upon such terms as it thinks fit.

(2) The Board may abridge or enlarge the time prescribed by these regulations for

doing any act, serving any notice, filing any report, document or paper or taking

any proceedings, and may do so although the application therefor is not made until

after the expiration of the time prescribed.

(3) Any application, reply, intervention, complaint, notice or other document

submitted to the Board may be amended before or after the hearing by leave of the

6 Where, in accordance with Sections 25, 29, 31, 32, 95 or 97 of the Act or subsection

20(2) or (3) of these regulations, or for any other reason, the Board has directed that a

vote be taken of the employees in a bargaining unit, the Chief Administrator is

responsible for taking the vote and, subject to the direction of the Board, has authority to

do all of the following:

(

a) determine all matters pertaining to the taking of the vote;

(

b) issue directions that the Chief Administrator considers necessary for the

taking of the vote;

(

c) ascertain the result of the vote, which the Chief Administrator must report to

the Board.

7 All orders of the Board shall be signed by the Chief Administrator or by the Chair or a

Vice-chair.

(1) An Application for Reconsideration in accordance with

Section 19 of the Act of

any decision or order of the Board shall be made in a form approved by the Board.

(2) Upon receipt of an Application for Reconsideration the Chief Administrator,

subject to the direction of the Board, shall instruct the parties with regard to the

documents to be filed with the Board.

(3) An Application for Reconsideration of any decision or order of the Board made

within the preceding twelve months shall not be made without leave of the Board,

which will normally be granted only where it clearly appears that

(

a) the order or decision was made in ignorance of some material fact;

(

b) the order or decision was made by reason of some technical irregularity; or

(

c) there is similar good reason.

(4) A request for leave to make an Application for Reconsideration of a decision or

order of the Board made within the preceding year shall be verified by a statutory

declaration of the relevant facts.

Application for Certification

(See Sections 23–25 of the Act)

(1) An application by a trade union for certification as bargaining agent shall be made

in a form approved by the Board and verified by statutory declaration of a person

or persons authorized in accordance with

Section 5 of the Act to sign the

declaration.

(2) An Application for Certification shall include, or be accompanied by,

(

a) a copy of the constitution, rules and by-laws of the union;

(

b) the names and addresses of the officers of the union;

(

c) a list of employees applied for who are members in good standing of the

union supported by their membership cards or, where the Board is satisfied

that membership cards are not reasonably available, other membership

evidence relating to the application;

(

d) where necessary under

Section 5 of the Act, a copy of the resolution passed

at a meeting of the trade union authorizing the making of an Application for

Certification.

(2A) To be considered by the Board, a membership card must be in writing, be signed

by the employee concerned, and disclose the date on which the signature was

obtained.

(3) Documents required by subsection (2) to be filed with the Board and any material

related thereto is for the information of the Board only and shall not be revealed to

the other parties to the application.

10 As at the date of filing of an Application for Certification by a trade union, for purposes

of the Application for Certification a person is deemed to be a member in good standing

of the trade union if the person joined or signed an application for membership in the

trade union

(

a) within the period from the first day of the third month preceding the

calendar month in which the Application for Certification is made to the

date of the Application for Certification; or

(

b) before the period set out in clause (

a) and, for any portion of that period, has

paid to the trade union an amount in respect of fees or dues of the trade

union supported by a receipt or other evidence acceptable to the Board that

the fees or dues have been paid.

(1) The Chief Administrator shall serve the respondent with all of the following:

(

a) a Notice of Application for Certification;

(

b) a copy of the Application for Certification, exclusive of the documents

required by subsection 9(2) to be filed with the Board and material related

thereto;

(

c) one or more copies of a Notice to Employees of Application for

Certification, for posting in accordance with subsection (2).

(2) On receiving a Notice to Employees of Application for Certification, the employer

must forthwith post the notice and keep it posted for a period of 10 days by any

means identified in clauses 2A(1)(

a) to (

c) that the employer considers is most

likely to come to the attention of the employees in the proposed bargaining unit,

unless otherwise specifically directed by the Board under subsection 2A(2).

(3) Immediately upon posting the Notice to Employees of Application for Certification

in accordance with subsection (2), the employer must file with the Board a

completed Return of Posting, in a form approved by the Board, that includes either

(

a) the specific means by which the notice was posted by the employer in

accordance with subsection (2); or

(

b) if the means of posting was specified and directed by the Board under

subsection 2A(2), confirmation that the notice was posted as specified and

directed.

(1) Within five days of receipt from the Board of a Notice of Application for

Certification the employer shall file with the Board

(

a) a list in alphabetical order of all the employer’s employees as required by

the Board; and

(

b) if required by the Chief Administrator, a specimen signature of each of

them.

(2) The employer must verify the list of the employer’s employees by a statutory

declaration to the effect that the employer has complied with this

Section to the

best of their knowledge and ability.

(3) The respondent employer shall accompany their list of employees with

(

a) notification of the name and address of any trade union known to the

respondent to be claiming to be bargaining agent of any employees who

may be affected by the application; and

(

b) a copy of any existing or recently expired collective agreement that is or was

recently binding upon the respondent or any of their employees in the

bargaining unit claimed by the applicant to be appropriate or in a bargaining

unit considered by the respondent to be appropriate.

13 The Chief Administrator shall serve notice of the Application for Certification upon any

trade union or a council of trade unions named in the Application for Certification,

named in the notification by the employer or known to the Chief Administrator as

claiming to be the bargaining agent of any employees who may be affected by the

application.

(1) Within ten days of receipt from the Board of a Notice of Application for

Certification the respondent employer, if the respondent contests the application,

shall file a Reply with the Board that

(

a) contains a concise statement of material facts upon which the respondent

intends to rely;

(

b) indicates whether or not the respondent requests a hearing; and

(

c) specifically admits, denies or explains each of the statements made in the

Application for Certification.

(2) Where a respondent employer submits that a bargaining unit other than the one

applied for is appropriate, the respondent shall give a detailed description of that

unit, including the number of employees, their occupational classifications and

geographic locations.

(1) Any person, including an employee, trade union, council of trade unions, employer

or employers’ association, who believes they have an interest that should be

considered by the Board in connection with an Application for Certification may

file with the Board a Notice of Intervention, in a form approved by the Board,

within ten days after the date upon which the employer posted the Notice to

Employees of Application for Certification.

(2) A trade union served with notice of an Application for Certification in accordance

with

Section 13 may, within five days of receipt thereof, or within ten days of the

posting of the Notice to Employees of Application for Certification by the

employer, whichever is the later, file with the Board a Notice of Intervention in a

form approved by the Board.

(3) A trade union desiring certification as bargaining agent of employees affected by

an Application for Certification by another trade union shall file with the Board an

Application for Certification in a form approved by the Board not later than the last

day for intervention determined in accordance with subsection (2).

(4) The intervenor’s Application for Certification, subject to the direction of the Board,

shall be processed in the same fashion as an original Application for Certification,

except that both applications shall be dealt with in the same proceeding.

16 Where no collective agreement is in force and where a bargaining agent has been

certified under the Act for less than twelve months, a trade union that wishes to apply for

certification shall comply with the provisions for these regulations relating to

applications for certification and, in addition, shall submit evidence by affidavit to satisfy

the Board that there are grounds for granting consent for an early application in

accordance with subsection 23(3) of the Act.

Amendment and Revocation of Certification

(See Sections 28 and 29 of the Act)

(1) An Application for Revocation of Certification shall be made in a form approved

by the Board and verified by statutory declaration.

(2) The Chief Administrator shall serve the certified trade union with a Notice of

Application for Revocation of Certification in a form approved by the Board and a

copy of the Application.

(3) The Chief Administrator shall serve the employer with all of the following:

(

a) an Employer’s Notice of Application for Revocation of Certification;

(

b) a copy of the Application for Revocation of Certification;

(

c) one or more copies of a Notice to Employees of Application for Revocation

of Certification, for posting in accordance with subsection (4).

(4) On receiving a Notice to Employees of Application for Revocation of

Certification, the employer must forthwith post the notice and keep it posted for a

period of 10 days, by any means identified in clauses 2A(1)(

a) to (

c) that the

employer considers is most likely to come to the attention of the employees in the

proposed bargaining unit, unless otherwise specifically directed by the Board under

subsection 2A(2).

(5) Immediately upon posting the Notice to Employees of Application for Revocation

of Certification in accordance with subsection (4), the employer must file with the

Board a completed Return of Posting, in a form approved by the Board, that

includes either

(

a) the specific means by which the notice was posted by the employer in

accordance with subsection (4); or

(

b) if the means of posting was specified and directed by the Board under

subsection 2A(2), confirmation that the notice was posted as specified and

directed.

(6) Within ten days of receipt from the Board of an Employer’s Notice of Application

for Revocation of Certification, the employer shall file with the Board

(

a) a list in alphabetical order of all the employer’s employees;

(

b) if required by the Chief Administrator, a specimen signature of each of

them.

(7) The employer must verify the list of the employer’s employees by a statutory

declaration to the effect that the employer has complied with subsection (6) to the

best of their knowledge and ability.

18 Within ten days of receipt from the Board of a Notice of Application for Revocation of

Certification the respondent trade union, if it contests the Application, shall file a Reply

with the Board that

(

a) contains a concise statement of material facts upon which the trade union

intends to rely; and

(

b) specifically admits, denies or explains each of the statements made in the

Application for Revocation of Certification.

(1) Any person, including an employee, trade union, council of trade unions, employer

or employers’ organization, who believes they have an interest that should be

considered by the Board in connection with an Application for Revocation of

Certification may, within ten days from the date upon which the employer posted a

Notice to Employees of Application for Revocation of Certification, file with the

Board a Notice of Intervention in a form approved by the Board.

(2) A trade union desiring certification as bargaining agent of employees affected by

an Application for Revocation of Certification shall make an Application for

Certification in separate proceedings and not by way of intervention.

(1) An application to amend a certification order where the name of the union or the

name of the employer has been changed shall be made in a form approved by the

Board and verified by statutory declaration, and shall be processed according to the

direction of the Board.

(2) An application to amend a certification order to include specific additional

classifications of employees in the unit or to combine previous certification orders

into one order shall be made in a form approved by the Board and verified by

statutory declaration, and, subject to the direction of the Board, shall be processed

as an Application for Certification.

(3) An application to amend a certification order to exclude specific classifications of

employees from the unit shall be made in a form approved by the Board and

verified by statutory declaration, and, subject to the direction of the Board, shall be

processed as an Application for Revocation of Certification.

Voluntary Recognition

(See

Section 30 of the Act)

(1) An application to the Board under

Section 30 of the Act for an order deciding

whether a trade union represents or represented a majority of employees in the unit

defined by an agreement within that

Section shall be made in a form approved by

the Board and verified by statutory declaration.

(2) Where the application is made by the trade union claiming to be party to an

agreement within

Section 30 of the Act, subject to the direction of the Board, the

application shall be processed as an Application for Certification.

(3) Where the application is made by a trade union other than the trade union claiming

to be party to an agreement within

Section 30 of the Act, subject to the direction of

the Board, the application shall be processed as an Application for Revocation of

Certification.

(4) Nothing in this

Section prevents any question relating to an agreement within

Section 30 of the Act from being raised in an Application for Certification or in a

Reply or Notice of Intervention following an Application for Certification or an

Application for Revocation of Certification.

Transfer of Business and Successor Rights

(See Sections 31 and 32 of the Act)

(1) An application to the Board for an order resolving any question or problem that has

arisen or may arise as a result of the sale, lease, or agreement to sell, lease or

transfer a business or the operations thereof or any part thereof shall be made in a

form approved by the Board and verified by statutory declaration.

(2) An application to the Board for an order resolving any question that has arisen or

may arise as a result of the contracting out by an employer of work regularly done

by the employer’s employees allegedly to avoid obligations under the Act shall be

made in a form approved by the Board and verified by statutory declaration.

(3) Where the application is made by a trade union, subject to the direction of the

Board, the application shall be processed as an Application for Certification.

(4) Where the application is made by an employer, subject to the direction of the

Board, the application shall be processed as an Application for Revocation of

Certification.

(1) An application to the Board for an order resolving any question in respect of the

rights of a trade union that claims to act as the successor of a trade union that was

the bargaining agent of a unit of employees shall be made in a form approved by

the Board and verified by statutory declaration.

(2) Where the application is made by the trade union claiming successor rights, subject

to the direction of the Board, the application shall be processed as an Application

for Certification.

(3) Where the application is made by any person other than the trade union claiming

successor rights, subject to the direction of the Board, the application shall be

processed as an Application for Revocation of Certification.

Work Stoppages and Jurisdictional Disputes

(See Sections 51 and 52 of the Act)

(1) A complaint to the Board under

Section 51 of the Act shall be made in a form

approved by the Board and verified by statutory declaration.

(2) Where the work stoppage which is the subject of a complaint under

Section 51 of

the Act involves a jurisdictional dispute, a complaint shall also be made in

accordance with

Section 25.

(3) Every reasonable effort shall be made to bring an Interim Order under

Section 51

of the Act to the attention of all persons involved in or affected by the work

stoppage, by notice to the trade unions of which they are members or by such other

means as the Board considers practical in the circumstances.

(4) Where the complainant or a person named in an Interim Order requests a hearing

they must do so in writing.

(1) A complaint to the Board under

Section 52 of the Act shall be made in a form

approved by the Board and verified by statutory declaration.

(2) Notice of an Interim Order under

Section 52 of the Act shall be served upon any

trade union, employer or employers’ organization involved in the jurisdictional

dispute.

(3) Where a trade union, employer or employers’ organization involved in a

jurisdictional dispute in respect of which an Interim Order has been made applies

to the Board to review the interim order, the application must be in writing and the

applicant must file with the Board any document that relates to the work in dispute

and which may be in the applicant’s possession and upon which the applicant

proposes to rely in support of their claim for relief or their claim that the relief

requested should not be granted, including all of the following, and a statement as

to any area or trade practice relating to the work in dispute, and pictures, diagrams

or drawings of disputed work:

(

a) any union constitution;

(

b) any collective agreement;

(

c) any agreement or understanding between trade unions as to their respective

jurisdictions on work assignments;

(

d) any agreement or understanding between a trade union and an employer as

to work assignment;

(

e) any decision of any tribunal respecting work assignment.

(4) Where a date is set for a hearing to review an Interim Order under

Section 52 of

the Act every person served with notice of the hearing shall file the material

specified in subsection (3) with the Board prior to the hearing.

(5) To expedite proceedings under Sections 51 and 52 of the Act, where a hearing is

required, the Board may, on any terms that it considers advisable:

(

a) consult with the parties;

(

b) conduct pre-hearing conferences;

(

c) issue practice directions or procedural statements;

(

d) establish, shorten or lengthen any time periods;

(

e) change any filing or delivery requirements;

(

f) schedule a hearing on short notice;

(

g) conduct a hearing by way of written submissions and evidence, with or

without documents;

(

h) conduct a hearing in person, by telephone or video-conferencing or by any

other mode of hearing; or

(

i) make or cause to be made any examination of records or other inquiries that

it considers necessary in the circumstances.

Unfair Practices

(See Sections 53–58 of the Act)

(1) A complaint under

Section 55 [57] of the Act shall be in writing and shall state the

substance of the alleged failure to comply with

Section 53 or 54 [55 or 56] of the

Act.

(2) The Chief Administrator or a person designated by the Chief Administrator, under

the direction of the Board, shall investigate a complaint made in accordance with

subsection (1) and shall assist the parties to settle the complaint.

(3) A complainant who seeks a hearing and determination by the Board in accordance

with clause 56(1)(

b) of the Act shall file a complaint in a form approved by the

Board and verified by statutory declaration.

(4) The Chief Administrator shall serve all of the following with a copy of a

complaint received under subsection (3):

(

a) the person against whom the complaint is made;

(

b) each interested person named in the complaint;

(

c) any other persons the Board may direct.

(5) Within five days of receipt of a copy of the complaint the person against whom the

complaint is made, if they intend to contest the complaint, shall file a reply in

which they specifically deny or admit each of the allegations in the complaint.

(6) Within five days of receipt of a copy of the complaint, any person other than the

person against whom the complaint is made, if they wish to intervene, shall file a

notice of their intervention that includes a statement of their interest in the matter

and any facts that they intend to prove at the hearing.

27 Where a complaint to the Minister of Labour and Advanced Education under

Section 36

of the Act is referred to the Board, subject to the direction of the Board, the complaint

shall be processed as a complaint of an unfair practice contrary to

Section 53 or

Section

54 of the Act.

Part II—Construction Industry Labour Relations

(See Sections 92–107 of the Act)

27A

Part I applies in respect of any proceedings and matters before the Board under

Part II

unless the provisions in

Part I are inconsistent with

Part II or as otherwise stated in

Part

II.

Application for Certification

(See Sections 95 and 96 of the Act)

28 Where an Application for Certification is made by a council of trade unions the applicant

for certification shall, on the date of application, in addition to the Application for

Certification and the documents required by subsection 9(2), file with the Board a

statutory declaration of a person or persons authorized in accordance with

Section 5 of

the Act to sign the declaration on behalf of each of the trade unions that is a constituent

union of the council to the effect that their trade union has vested appropriate authority in

the council to enable it to discharge the responsibilities of a bargaining agent.

(1) The Chief Administrator shall serve the respondent with all of the following:

(

a) a Notice of Application for Certification, Construction Industry;

(

b) a copy of the Application for Certification exclusive of the documents

required by subsection 9(2) to be filed with the Board and material related

thereto;

(

c) one or more copies of the Notice to Employees of Application for

Certification, for posting in accordance with subsection 11(2).

(1A) Immediately upon posting the Notice to Employees of Application for Certification

in accordance with subsection 11(2), the employer must file with the Board a

completed Return of Posting, in a form approved by the Board, that includes either

(

a) the specific means by which the notice was posted by the employer in

accordance with subsection 11(2); or

(

b) if the means of posting was specified and directed by the Board under

subsection 2A(2), confirmation that the notice was posted as specified and

directed.

(2) Subsection 11(1) does not apply to an Application for Certification under

Part II of

the Act.

(3) Section 14 does not apply to an Application for Certification under

Part II of the

Act.

(4) Section 15 applies to an intervention in an Application for Certification under

Part

II of the Act except that the Notice of Intervention must be filed within five days

after the employer posted the Notice to Employees of Application for

Certification.

(5) The filing of a Notice of Intervention in accordance with subsection 15(2) does

require the Board to hold a hearing.

(1) Where the Board has issued an order denying an Application for Certification the

applicant trade union or council of trade unions, if it wishes to have the order

revoked, shall file a Request for Hearing in a form approved by the Board within

ten days of receipt of the order.

(2) Where the Board has certified a trade union or council of trade unions, the

employer named in the Application for Certification, or any employee in the units

certified, or any other trade union or council of trade unions, if it or they wish to

have the order varied or revoked, shall file with the Board a Request for Hearing in

a form approved by the Board within ten days after receipt of notice of the order.

Accreditation

(See

Section 97 of the Act)

(1) An Application of Accreditation as bargaining agent shall be made in a form

approved by the Board and verified by statutory declaration of a person or persons

authorized in accordance with

Section 5 of the Act to sign the declaration.

(2) An Application for Accreditation shall include or be accompanied by

(

a) a copy of the constitution, rules and by-laws of the employers’ association;

(

b) the names and addresses of the officers of the employers’ organization;

(

c) where necessary under

Section 5 of the Act, a copy of the resolution passed

at a meeting of the employers’ organization authorizing the making of an

Application for Accreditation;

(

d) a list of the unionized employers in the sector and area applied for which

designate the trade union with which each bargains and which indicates the

unionized employers who are members in good standing of the applicant

employers’ organization;

(

e) for each member of the applicant employers’ organization in the sector and

area applied for, a statutory declaration signed by a person or persons

authorized in accordance with

Section 5 of the Act to sign a collective

agreement on behalf of the member employer stating that the member

employer has vested authority in the applicant employers’ organization to

enable it to discharge the responsibilities of an accredited bargaining agent;

(

f) where the applicant employers’ organization intends to rely on clause

97(3)(

b) of the Act, material verified by statutory declaration demonstrating

that the employers who are members of the applicant employers’

organization employ a majority of the employees employed by unionized

employers in the geographic area and sector applied for.

(1) The Chief Administrator shall serve notice of the Application for Accreditation

and a copy of the Application upon

(

a) each trade union and each employer listed in the Application for

Accreditation;

(

b) every other employer, employers’ organization or trade union known to the

Board to be functioning in the geographic area and sector applied for; and

(

c) any other employer, employers’ organization or trade union as the Board

sees fit.

(2) The notice shall call to the attention of the party to whom it is sent what their status

is according to the Application for Accreditation and shall ask them to correct any

errors.

(1) Within 10 days of receipt from the Board of notice of an Application for

Accreditation every trade union shall file with the Board a list of all employers in

the area and sector applied for on behalf of whose employees that trade union is

certified or with whom the trade union has a collective agreement.

(2) Each trade union shall verify its list of employers by statutory declaration to the

effect that it has complied with this

Section to the best of its knowledge and ability.

(3) Each trade union shall file, at the same time, a copy of any existing or recently

expired collective agreement that is or was recently binding upon any employer in

the sector and area applied for.

(1) Any employer, employers’ organization, trade union or council of trade unions that

has received notice under subsection 32(1) and who wishes to contest the

Application for Accreditation, within fifteen days of receipt of notice of the

Application for Accreditation, shall file a reply with the Board that

(

a) contains a concise statement of material facts upon which they intend to

rely; and

(

b) specifically admits, denies or explains any statement made in the

Application for Accreditation relevant to their interest.

(2) Where an employer, employers’ organization, trade union or council of trade

unions submits that a unit of employers other than the one applied for is

appropriate they shall give a detailed description of that unit.

(3) Any person, including an employee, a trade union, council of trade unions,

employer or employers’ organization who believes that they have an interest that

should be considered by the Board in connection with the Application for

Accreditation may, with leave of the Board, file a Notice of Intervention with the

Board in a form approved by the Board stating their interest in the proceeding, and

documentary evidence in support of their claim.

35 Where in an Application for Accreditation the Board is not satisfied that the applicant

employers’ organization has as members a majority of the unionized employers in the

geographic area and sector applied for but the applicant organization claims that it has as

members no less than 35% of the unionized employers in the geographic area and sector

applied for and that those employers who are members of the applicant organization

employ a majority of the employees employed by unionized employers in the geographic

area and sector applied for, the Chief Administrator, under the direction of the Board,

may instruct the parties with regard to the documents to be filed with the Board.

Revocation of Accreditation

(See

Section 101 of the Act)

(1) An Application for Revocation of Accreditation shall be made in a form approved

by the Board and verified by statutory declaration.

(2) The Chief Administrator shall serve the accredited employers’ organization, every

employer bound by the accreditation order and every trade union or council of

trade unions that has bargaining rights with the accredited employers’ organization

with notice of the Application for Revocation of Accreditation.

37 Within twenty days of receipt from the Board of notice of an Application for Revocation

of Accreditation the respondent employers’ association, if it contests the application,

shall file a Reply with the Board that

(

a) contains a concise statement of material facts upon which the respondent

employers’ association intends to rely; and

(

b) specifically admits, denies or explains each of the statements made in the

Application for Revocation of Accreditation.

(1) Any trade union or council of trade unions that has received notice of the

Application for Revocation of Accreditation from the Board, if it believes that it

has an interest that should be considered by the Board in connection with the

Application for Revocation of Accreditation, within twenty days of receipt from

the Board of notice of the Application for Revocation of Accreditation, shall file a

Notice of Intervention with the Board in a form approved by the Board stating its

interest and documentary evidence in support of its claims.

(2) Any other person, including an employee, trade union, council of trade unions,

employer or employers’ organization, who believes that they have an interest that

should be considered by the Board in connection with the Application for

Revocation of Accreditation may, with leave of the Board, file a Notice of

Intervention with the Board in a form approved by the Board stating their interest

in the proceeding, and documentary evidence in support of this claim.

Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization

(See

Section 99 of the Act)

39 A complaint by an employer that they have been denied membership in or expelled from

an accredited employers’ organization contrary to

Section 99 of the Act, subject to the

direction of the Board, shall be made and processed in accordance with

Section 26.

Legislative History

Reference Tables

Trade Union Procedure Regulations

N.S. Reg. 101/1972

Labour Board Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Trade Union Procedure Regulations under the Labour Board Act includes all of the following

regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

101/1972

Oct 1,

date

specified

unpublished 1

4/1976

Jan

27, 1976

date

made

unpublished 1

148/2010

Sep

28, 2010

date

specified

Oct

22, 2010

191/2020

Dec

23, 2020

date

specified

Jan

15, 2021

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep.=repealed

rs. = repealed and substituted

Provision affected

How affected

1(1) ...................................................

am. 191/2020 (clause lettering removed)

1(1), defn. of “Chief Administrator”

ad. 191/2020

2(1) ...................................................

rs. 191/2020

2A .....................................................

ad. 191/2020

3(1)(b) ...............................................

am. 191/2020

3(2) ...................................................

am. 148/2010, 191/2020

3(3) ...................................................

am. 148/2010, 191/2020

4(3) ...................................................

am. 191/2020

5(3) ...................................................

am. 148/2010

6 ........................................................

rs. 191/2020

7 ........................................................

am. 191/2020

8(1) ...................................................

am. 148/2010, 191/2020

9(1) ...................................................

am. 148/2010, 191/2020

9(2)(c) ...............................................

rs. 148/2010

9(2)(d) ...............................................

am. 191/2020

9(2A) ................................................

ad. 148/2010

10 ......................................................

rs. 148/2010

11(1) .................................................

rs. 148/2010

11(1)(b)-(c) ..................................

am. 191/2020

11(2) .................................................

am. 148/2010; rs. 191/2020

11(3) .................................................

am. 148/2010; rs. 191/2020

12(1)(a) .............................................

am. 191/2020

12(2) .................................................

rs. 191/2020

12(3)(a) .............................................

am. 191/2020

14 ......................................................

am. 191/2020

14(1) .............................................

am. 148/2010

15(1)-(2) ...........................................

am. 148/2010

15(3) .................................................

rs. 4/1976; am. 148/2010

16 ......................................................

am. 191/2020

17(1)-(2) ...........................................

am. 148/2010

17(3) .................................................

rs. 148/2010

17(3)(c) ........................................

am. 191/2020

17(4) .................................................

am. 148/2010; rs. 191/2020

17(5) .................................................

rs. 148/2010, 191/2020

17(6)(a) .............................................

am. 191/2020

17(7) .................................................

rs. 191/2020

18 ......................................................

am. 148/2010

19(1) .................................................

am. 148/2010

20 ......................................................

am. 148/2010

21 ......................................................

am. 191/2020

21(1) ..............................................

am. 148/2010

22(1) .................................................

am. 148/2010

22(2) .................................................

am. 148/2010, 191/2020

23(1) .................................................

am. 148/2010

24 ......................................................

am. 191/2020

24(1)-(2) ........................................

am. 148/2010

24(3) ..............................................

rs. 4/1976

24(4) ..............................................

am. 191/2020

25 ......................................................

am. 191/2020

25(1) ..............................................

am. 148/2010

25(3) ..............................................

rs. 191/2020

25(5) ..............................................

ad. 148/2010

26(2) .................................................

am. 191/2020

26(3) .................................................

am. 148/2010, 191/2020

26(4) .................................................

rs. 148/2010

26(5) .................................................

am. 191/2020

26(6) .................................................

rs. 191/2020

27 ......................................................

am. 148/2010, 191/2020

note after “Part II – Construction Industry Labour Relations” ............

rep. 191/2020

27A ...................................................

ad. 191/2020

28 ......................................................

am. 148/2010, 191/2020

29(1) .................................................

rs. 148/2010

29(1)(b)-(c) ..................................

am. 191/2020

29(1A) ..............................................

ad. 191/2020

29(2) .................................................

am. 191/2020

29(4) .................................................

am. 148/2010

29(5) .................................................

rs. 4/1976; am. 148/2010, 191/2020

30(1) .................................................

am. 148/2010

30(2) .................................................

rs. 4/1976; am. 148/2010, 191/2020

31(1) .................................................

am. 148/2010, 191/2020

31(2)(c) .............................................

am. 191/2020

31(2)(e) .............................................

am. 148/2010

31(2)(f) .............................................

rs. 4/1976; am. 191/2020

32(1) .................................................

rs. 4/1976

32(2) .................................................

am. 191/2020

34(1) .................................................

rs. 4/1976; am. 148/2010, 191/2020

34(1)(a) ........................................

am. 191/2020

34(2) .................................................

am. 191/2020

34(3) .................................................

am. 148/2010

36(1) .................................................

am. 148/2010

37 ......................................................

am. 148/2010

38(1)-(2) ...........................................

am. 148/2010

39 ......................................................

am. 191/2020

Part III-Transitional ..........................

rep. 148/2010

Forms 1-21 .......................................

rep. 148/2010

“Panel” replaced throughout with “Board” ..........................................

am. 191/2020

“Regulation” replaced throughout with “Section” ........................................

am. 191/2020

“Chief Executive Officer” replaced throughout with “Chief

Administrator” ...............................

am. 191/2020

“he has” replaced throughout with “they have” .....................................

am. 191/2020

“his” replaced throughout with “their” ........................................................

am. 191/2020

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective date

Regulations in effect on April 1, 1977, and filed with

the Registrar before March 31, 1978, are exempt from publication under

subsection 24(2) of the Regulations Act .

Cross-references to provisions of the Trade Union Act , S.N.S. 1972, c. 19,

have been updated by the Office of the Registrar of Regulations to reflect

the revised numbering in the Trade

Union Act , R.S.N.S. 1989, c. 475.

Feb 22, 1990

The reference to the Minister of Labour in s. 27 should

be read as a reference to the Minister of Labour and Workforce Development in

accordance with O.I.C. 2008-382 under the Public

Service Act , R.S.N.S. 1989, c. 376.

(corrected by N.S. Reg. 148/2010)

Jul 15, 2008

The reference to the Minister of Labour and Workforce

Development in s. 27 should be read as a reference to the Minister of Labour

and Advanced Education in accordance with O.I.C. 2011-15 under the Public Service Act , R.S.N.S. 1989, c.

(corrected by N.S. Reg. 191/2020)

Jan 11, 2011

The enabling provisions for these regulations (ss. 18

and 94) under the Trade Union Act ,

R.S.N.S. 1989, c. 475 are repealed and replaced by ss. 142 and 149 under the Labour Board Act , S.N.S. 2010, c. 37

(proclaimed in force by N.S. Reg. 24/2011), and the authority to make rules

and regulations respecting Board procedures is now in s. 12(1) of the Labour Board Act (regulations continue

under substituted provisions).

Feb 8, 2011

The Construction Industry Panel is abolished by s.

19(1) of the Labour Board Act , S.N.S. 2010, c. 37 (proclaimed in force

by N.S. Reg. 24/2011), and references to the Panel are to be read as

references to the Board in accordance with s. 25 of that Act.

(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

The Labour Relations Board is abolished by s. 19(1) of

the Labour Board Act S.N.S. 2010,

c. 37 (proclaimed in force by N.S. Reg. 24/2011), and references to the

Labour Relations Board are to be read as references to the Board in

accordance with s. 25 of that Act.

(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

Subsection 94(7) of the Act, referred to in the note

immediately after the heading to

Part II, is repealed by s. 149 of the Labour Board Act , S.N.S. 2010, c. 37

(proclaimed in force by N.S. Reg. 24/2011).

(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

The reference to the Minister of Labour and Advanced Education in

Section 27 should be read as a reference to the Minister of Labour, Skills and Immigration in accordance with O.I.C. 2021-208 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

12/1947*

Labour Relations Board Regulations

Oct 14, 1947

Oct 1, 1972

*Note: The order

in council for N.S. Reg. 101/1972 states that it repeals regulations

governing procedure approved by Order in Council dated August 30, 1949. No order with this date is on file with the

Registrar of Regulations and there is no evidence in the sessional volumes

for 1948-1950 that N.S. Reg. 12/1947 was replaced then. None of the amendments filed during the

40s, 50s and 60s include a specific N.S. Reg. number for the base

regulations, but they are assumed to be the regulations filed as 12/1947.

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.