Bill 270 — Second Session, 22Nd Legislature, 39 Euzabeth Ii the Legislative Assembly of Alberta Bill 270 An Act To Amend the Judicature Act (Legislature 22, Session 2)

L22 S2 2791

Alberta — Bills

1990 BILL 270 Second Session, 22nd Legislature, 39 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 270

AN ACT TO AMEND THE JUDICATURE ACT MR. WRIGHT First Reading Second Reading Committee of the Whole Thud Reading Royal Assent

Bill 270 Mr. Wright BILL 270 1990

AN ACT TO AMEND THE JUDICATURE ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The Judicature Act is amended by this Act 2 The following is added after

section 47.

(1) A disputes inquiry board under the Labour Relations Code, an arbitration board constituted under the provisions of any enactment, or a grievance board estabUshed pursuant to a coUective agreement, has the power to hear an appUcation by any party for the extension of a time Umit or the waiving or correction of an informaUty; and if it considers that reasonable groimds exist for the non-observance of the tune limit or the formality and that justice wiU best be served by the extension of the time limit or the waiver or correction of the informality, it may make an order to that effect, upon such terms as it considers just.

(2) Notwithstanding any enactment or coUective agreement, a person who is bound by the terms of a coUective agreement or any provision which is deemed to be part of a coUective agreement, is not thereby precluded from any remedy at law that would otherwise be available, unless the matter which is the basis fore the remedy sought has been determined in substance pursuant to the provisions of the coUective agreement.

Explanatory Notes This Bill will amend

Chapter J-1 of the Revised Statutes of Alberta 1980. This

section wiU give boards the power of waiving formaUties and extending time limits if they are of the opinion that justice wiU be best served thereby. It also provides that the fact of an issue being before a board does not preclude other remedies at law although a court may stay action pending a board's determination of a matter.

(3) Notwithstandmg subsection (2), a court is at liberty to stay any action if the matter is before a grievance board, disputes inquiry board or arbitration board, pending completion of the proceedings before that board. Title: 1990 (22nd 2nd) Bill 270,

An Act to Amend the Judicature Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2791
Type	bill
Volume / chapter	L22 S2 2791
Language	en
Format	json
Source	PROVINCIAL
Identifier	a832520d3b89ab77907dbab0a29f3d14c2d1f766

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