Regulations Amending the Status of the Artist Act Procedural Regulations: SOR/2025-206

Canada Gazette, Part II, Volume 159, Number 22

Registration
SOR/2025-206 October 6, 2025

STATUS OF THE ARTIST ACT

The Canada Industrial Relations Board makes the annexed Regulations Amending the Status of the Artist Act Procedural Regulations under section 16^{footnote a} of the Status of the Artist Act ^{footnote b}.

Ottawa, October 2, 2025

Maryse Tremblay
Chairperson, Canada Industrial Relations Board

Regulations Amending the Status of the Artist Act Procedural Regulations

Amendments

1 Section 3 of the English version of the Status of the Artist Act Procedural Regulations ^{footnote 1} is replaced by the following:

3 (1) Unless the Board specifies otherwise, time periods are calculated in calendar days.

(2) Whenever a time period calculated under these Regulations falls on a Saturday or a holiday, as defined in subsection 35(1) of the Interpretation Act, that time period is extended to the next working day.

2 (1) The portion of section 5 of the Regulations before paragraph (c) is replaced by the following:

5 An application must be filed in writing and, unless it is an application to which subsection 23(1), section 28, 31, 32, 33 or 38 or subsection 39(1) applies, must include the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;
• (b) the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;

(2) Paragraph 5(c) of the French version of the Regulations is replaced by the following:

• c) les raisons invoquées par le demandeur et un exposé complet des faits pertinents;

(3) Paragraph 5(f) of the French version of the Regulations is replaced by the following:

• f) une copie de tout document à l’appui de la demande;

3 Section 6 of the Regulations is replaced by the following:

6 (1) On receipt of an application, the Board must, to the extent possible, give written notice of the application to any person whose rights may be directly affected by it.

(2) The notice must include the file number assigned to the application by the Board.

4 (1) Paragraphs 7(1)(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;
• (b) the file number assigned to the application by the Board;

(2) Paragraph 7(1)(c) of the French version of the Regulations is replaced by the following:

• c) la réponse complète aux allégations ou questions soulevées dans la demande et un exposé complet des faits pertinents supplémentaires;

(3) Paragraph 7(1)(g) of the French version of the Regulations is replaced by the following:

• g) une copie de tout document à l’appui de la réponse;

(4) Subsection 7(2) of the English version of the Regulations is replaced by the following:

(2) A request for an extension of the time period for filing a response must be made to the Board in writing and set out the grounds for the requested extension.

5 (1) Paragraph 8(1)(a) of the Regulations is replaced by the following:

• a) the file number assigned to the application by the Board;

(2) Paragraph 8(1)(b) of the French version of the Regulations is replaced by the following:

• b) la réplique complète aux allégations ou questions soulevées dans la réponse et un exposé complet des faits pertinents supplémentaires;

(3) Paragraph 8(1)(e) of the French version of the Regulations is replaced by the following:

• e) une copie de tout document à l’appui de la réplique;

(4) Subsection 8(2) of the English version of the Regulations is replaced by the following:

(2) A request for an extension of the time period for filing a reply must be made to the Board in writing and set out the grounds for the requested extension.

6 (1) The portion of subsection 9(1) of the Regulations before paragraph (e) is replaced by the following:

9 (1) A request for leave to intervene in a proceeding under subsection 19(3) of the Act must be filed with the Board in writing within the time period set out in any public notice referred to in subsection 24(1) or 35(2) or, if no such public notice was published or provided, within 15 days after the day on which notice of the application is received, and must include the following:

• (a) the name, postal and email addresses and telephone number of the person requesting leave to intervene and of their authorized representative, if any;
• (b) the file number assigned to the application by the Board;
• (c) the grounds for intervention and an explanation of the person’s interest in the proceeding, including any prejudice that the person would likely suffer if the request were denied;
• (d) an indication of how the intervention will assist the Board in furthering the purpose of Part II of the Act;

(2) Subsection 9(2) of the Regulations is replaced by the following:

(2) A response to the request for leave to intervene must be filed within 10 days after the day on which the request is received.

(3) Subsection 9(3) of the French version of the Regulations is replaced by the following:

(3) Toute réplique à la réponse à la requête visant à obtenir l’autorisation d’intervenir est déposée dans les cinq jours suivant la date de dépôt de la réponse.

(4) Subsection 9(4) of the English version of the Regulations is replaced by the following:

(4) A request for an extension of the time period for filing a document under this section must be made to the Board in writing and set out the grounds for the requested extension.

7 (1) The portion of subsection 10(1) of the Regulations before paragraph (c) is replaced by the following:

10 (1) If the request for leave to intervene is granted, the intervenor must, within 10 days after the day on which they receive notice of the leave to intervene, file a written submission with the Board on the merits of the case that includes the following:

• (a) the file number assigned to the application by the Board;
• (b) full particulars of the facts and grounds with respect to the submission;

(2) Subsection 10(3) of the English version of the Regulations is replaced by the following:

(3) A request for an extension of the time period for filing any document under this section must be made to the Board in writing and set out the grounds for the requested extension.

8 Section 11 of the Regulations is replaced by the following:

11 Subject to section 16, a person who files a document, other than an application, with the Board must, without delay, serve a copy on all participants and any other person named in any notice that the person has received and must inform the Board, in writing, of the time and manner of service.

9 (1) Paragraph 12(2)(b) of the Regulations is replaced by the following:

• (b) in any other case, the address of the recipient that appears in any notice issued by the Board in the proceeding in respect of which service is being made or, if no address appears in the notice, the last known address of the recipient.

(2) The portion of subsection 12(3) of the Regulations before paragraph (c) is replaced by the following:

(3) A document that is transmitted through electronic means in accordance with paragraph (1)(c) must include the following:

• (a) the sender’s name, postal and email addresses and telephone number;
• (b) the recipient’s name, postal and email addresses and telephone number;

10 (1) The portion of subsection 13(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

13 (1) Le participant qui entend présenter des éléments de preuve à l’audience dépose les documents ci-après auprès du Conseil, en six exemplaires ou tout autre nombre exigé par ce dernier :

(2) Paragraphs 13(1)(a) and (b) of the Regulations are replaced by the following:

• (a) all documents that the participant intends to present as evidence, including any document filed with the application, response, reply or written submission, as the case may be, in one or more tabbed books; and
• (b) a list of witnesses that the participant intends to call that includes their names and occupations, along with a summary of the information that each witness is expected to provide on issues raised in the application, response, reply or written submission.

(3) Subsection 13(2) of the Regulations is replaced by the following:

(2) The documents referred to in subsection (1) must be filed with the Board and served on all other participants

• (a) no later than 10 days before the day on which the hearing is scheduled, in the case of the applicant; or
• (b) no later than eight days before that day, in the case of the respondent and the intervenor.

(4) Subsection 13(3) of the Regulations is repealed.

(5) Subsection 13(4) of the Regulations is replaced by the following:

(4) If a participant does not comply with subsection (1) or (2), the Board may refuse to consider any document that the participant presents at the hearing or to hear any witness that the participant calls.

11 Section 14 of the Regulations and the heading before it are replaced by the following:

Deemed Date of Filing and Service

14 (1) A document is considered filed with the Board,

• (a) in the case of a document sent by registered mail, on the date on which it is mailed; and
• (b) in any other case, on the day on which the Board receives it.

(2) A document is considered served,

• (a) in the case of a document sent by registered mail, on the date on which the acknowledgement of receipt is signed;
• (b) in the case of a document sent by regular mail, on the fifth day after it is sent; and
• (c) in the case of a document served by transmission through electronic means or by hand, on the day on which it is served, if that service takes place before 5:00 p.m. in the place where it is served.

12 (1) Subsection 15(1) of the French version of the Regulations is replaced by the following:

15 (1) Un participant peut, en tout temps avant l’audience, demander à un autre participant de produire tout document pertinent à l’affaire.

(2) Subsection 15(3) of the Regulations is replaced by the following:

(3) If that other participant fails to comply with a request made under subsection (1) or an order referred to in subsection (2), the Board may order the participant to pay the costs of any adjournment that results from the failure.

13 (1) Subsection 16(1) of the French version of the Regulations is replaced by the following:

16 (1) Sous réserve du paragraphe (2), le Conseil verse au dossier public les documents pertinents à l’affaire.

(2) Subsection 16(2) of the Regulations is replaced by the following:

(2) The Board, of its own motion or on request of a participant, may declare that a document is confidential.

(3) Subsection 16(3) of the French version of the Regulations is replaced by the following:

(3) Afin de déterminer si un document est confidentiel, le Conseil évalue si sa communication causerait un préjudice direct et concret à une personne et si ce préjudice l’emporterait sur l’intérêt public.

(4) Paragraph 16(4)(b) of the Regulations is repealed.

(5) Paragraph 16(4)(d) of the Regulations is replaced by the following:

• (d) order that the document or any part of it be provided to persons that the Board designates; or

14 Section 17 of the Regulations is replaced by the following:

17 Despite any other provision of these Regulations, the Board, or an employee of the Administrative Tribunals Support Service of Canada who is authorized to act on behalf of the Board, must not disclose evidence that could reveal membership in an artists’ association, opposition to the certification of an artists’ association or the wish of any artist to be represented, or not to be represented, by an artists’ association, unless the disclosure would further the purpose of Part II of the Act.

15 Section 19 of the Regulations and the heading before it are replaced by the following:

Proceedings Consolidated or Heard Consecutively

19 The Board may order that two or more proceedings be consolidated, heard together or heard consecutively.

Case Management Conference

19.1 (1) The Board may schedule a case management conference to resolve any matters, including those of an administrative or procedural nature, in respect of a proceeding.

(2) A case management conference may be held in person or by teleconference, videoconference or any other form of electronic communication.

16 (1) Paragraph 21(1)(a) of the Regulations is replaced by the following:

• (a) the file number assigned by the Board to the application to which the summons relates;

(2) Subsection 21(2) of the Regulations is replaced by the following:

(2) A participant that requests a summons must serve it by hand on the person at least five days before the person is required to appear, unless the Board directs otherwise.

(3) Subsections 21(4) and (5) of the Regulations are repealed.

17 Section 22 of the Regulations and the heading before it are repealed.

18 (1) Paragraph 23(1)(a) of the Regulations is replaced by the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;

(2) Paragraph 23(1)(c) of the Regulations is replaced by the following:

• (c) an estimate of the number of artists working in the proposed sector;

(3) Paragraph 23(1)(g) of the Regulations is replaced by the following:

• (g) a copy of the applicant’s constitution, articles of association or by-laws, as the case may be, which is to be certified by the applicant’s authorized representative;

19 Subsection 24(2) of the Regulations is replaced by the following:

(2) The notice must indicate the applicant’s name, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing competing applications and notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.

20 (1) Paragraphs 25(2)(a) to (c) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the intervenor and of their authorized representative, if any;
• (b) the file number assigned to the application by the Board;
• (c) a written submission from the intervenor that includes an explanation of their interest in the application and their position with respect to that application;

(2) Subsection 25(4) of the English version of the Regulations is replaced by the following:

(4) A request for an extension of the time period for filing a document under this section must be made to the Board in writing and set out the grounds for the requested extension.

21 (1) Paragraph 28(a) of the Regulations is replaced by the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;

(2) Paragraph 28(d) of the French version of the Regulations is replaced by the following:

• d) les raisons invoquées par le demandeur et un exposé complet des faits pertinents;

(3) Paragraph 28(g) of the French version of the Regulations is replaced by the following:

• g) une copie de tout document à l’appui de la demande;

22 Paragraphs 31(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of each joint applicant and of their authorized representative, if any;
• (b) a copy of all scale agreements between the parties, whether in force or expired, and any other document that the joint applicants consider relevant to the application;

23 (1) Paragraphs 32(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the complainant and of their authorized representative, if any;
• (b) the name, postal and email addresses and telephone number of the person or organization that is the object of the complaint, and of any person who may be affected by the complaint, if their contact information is known;

(2) Paragraphs 32(d) to (f) of the French version of the Regulations are replaced by the following:

• d) la date à laquelle le plaignant a pris connaissance des actes ou des circonstances qui sont à l’origine de la plainte;
• e) un exposé complet de toute mesure prise par le plaignant pour redresser la situation à l’origine de la plainte;
• f) les raisons invoquées par le plaignant et un exposé complet des faits pertinents;

(3) Paragraph 32(g) of the Regulations is replaced by the following:

• (g) the date and a description of any order or determination of the Board relating to the complaint;

(4) Paragraph 32(h) of the French version of the Regulations is replaced by the following:

• h) une description des mesures de redressement demandées par le plaignant;

(5) Paragraph 32(j) of the French version of the Regulations is replaced by the following:

• j) une copie de tout document à l’appui de la plainte;

24 (1) Paragraphs 33(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;
• (b) the name, postal and email addresses and telephone number of any artist, artists’ association or producer that may be affected by the application;

(2) Paragraph 33(e) of the French version of the Regulations is replaced by the following:

• e) les raisons invoquées par le demandeur et un exposé complet des faits pertinents;

(3) Paragraph 33(f) of the Regulations is replaced by the following:

• (f) the date and a description of any order or determination of the Board relating to the application;

25 (1) The portion of subsection 34(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) Each party to the arbitration must, within 15 days after the day on which the notice of the referral of a question is received, file a written submission that must include the following:

(2) Paragraphs 34(2)(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the party and of their authorized representative, if any;
• (b) the party’s position with respect to the question referred to the Board, the grounds for the party’s position and full particulars of the relevant facts;

(3) Paragraph 34(2)(f) of the English version of the Regulations is replaced by the following:

• (f) the date of filing of the submission.

(4) Subsections 34(3) and (4) of the Regulations are replaced by the following:

(3) Each party must serve a copy of its submission and documents on all other parties.

(4) Each party may respond to any other party’s submission within 10 days after the day on which the submission to which the response relates is filed.

26 Section 35 of the Regulations is amended by adding the following after subsection (2):

(3) The notice must indicate the name of the applicant, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.

27 Subsection 37(2) of the Regulations is replaced by the following:

(2) The application must be served on all participants in the proceeding that led to the determination or order.

28 (1) The portion of section 38 of the Regulations before paragraph (d) is replaced by the following:

38 An application referred to in sections 35 to 37 must include the following:

• (a) the name, postal and email addresses and telephone of the applicant and of their authorized representative, if any;
• (b) the name, postal and email addresses and telephone of any artists’ association or producer affected by the determination or order;
• (c) the file number assigned to the application by the Board and the date of the determination or order;

(2) Paragraph 38(d) of the French version of the Regulations is replaced by the following:

• d) les raisons invoquées par le demandeur et un exposé complet des faits pertinents;

29 (1) Paragraphs 39(1)(a) and (b) of the Regulations are replaced by the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;
• (b) the name, postal and email addresses and telephone number of any person named in, or directly affected by, the determination or order;

(2) The portion of paragraph 39(1)(d) of the French version of the Regulations before subparagraph (i) is replaced by the following:

• d) les raisons pour lesquelles le demandeur estime que la décision ou l’ordonnance devrait être déposée, notamment celles, selon lui, de croire que :

(3) Paragraph 39(1)(f) of the French version of the Regulations is replaced by the following:

• f) une copie de tout document à l’appui de la demande;

30 Section 41 of the Regulations is replaced by the following:

41 (1) The Board may, of its own motion or on application of a non-complying participant, allow a participant to comply with a rule of procedure under these Regulations within the time period specified by the Board.

(1.1) If the participant fails to comply within the time period specified, the Board may

• (a) summarily dismiss or refuse to hear the application, if the participant is the applicant; or
• (b) determine the application without further notice, if the participant is the respondent.

(2) If a participant does not attend a case management conference after having been given notice, the Board may determine any question in the participant’s absence.

31 Section 42 of the Regulations is replaced by the following:

42 The Board may, of its own motion or on application of a participant, excuse a participant from complying with any provision of these Regulations in order to ensure that a proceeding is dealt with informally and expeditiously.

32 Subsection 43(2) of the Regulations is repealed.

Coming into Force

33 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On December 18, 2014, and January 25, 2016, the Standing Joint Committee for the Scrutiny of Regulations (the Committee) identified a number of technical issues with the Status of the Artist Act Procedural Regulations (the Regulations) and recommended that the Regulations be amended to address these issues.

In addition, in the course of reviewing the Regulations, the Canada Industrial Relations Board (the Board) identified the need for a number of additional, minor technical amendments, including those due to the implementation of technological changes at the Board.

Objective

The objectives of the amendments are to

• correct discrepancies between the French and English versions;
• harmonize terms used in the Regulations with those used in the enabling statute;
• repeal obsolete or spent regulatory provisions that have no current application;
• eliminate unnecessary duplications of text;
• renumber sections;
• add clarity to regulatory provisions;
• ensure the terms used in the Regulations are internally consistent;
• ensure the Regulations are in line with the technology currently used by the Board; and
• simplify some regulatory requirements.

Description and rationale

These are technical housekeeping amendments that stem from concerns raised by the Committee. They also address other minor issues identified by the Board, as it reviewed the Regulations.

The amendments are described below. Some provisions appear in more than one category.

Addressing internal inconsistencies

The Committee identified several instances of terms being used inconsistently. The Board will address these inconsistencies as follows:

• “time period” will be used in English where the French term is “délai” in the following subsections: 3(1), 3(2), 7(2), 8(2), 9(4), 10(3) and 25(4);
• “raisons” will be used in French where the English term is “grounds” in the following paragraphs: 5(c), 9(1)(c), 10(1)(b), 28(d), 32(f), 33(e), 34(2)(b) and 38(d);
• references to the file number will be standardized in both languages in the following paragraphs: 7(1)(b), 8(1)(a), 9(1)(b), 10(1)(a), 21(1)(a), 25(2)(b) and 38(c);
• “requête en intervention” will be replaced by “requête visant à obtenir l’autorisation d’intervenir” in the French version of subsections 9(2), 9(3) and 10(1) to be more consistent with the language used in subsection 9(1);
• “affaire” will be used in French where the English term is “proceeding” in paragraph 12(2)(b), sections 19 and 42 and subsections 15(1) and 16(1);
• “expressions of interest” in the English version and “des déclarations d’intérêt” in the French version will be replaced with “notices of intervention” and “tout avis d’intervention” respectively in subsection 24(2) to be more consistent with the language used in section 25; and
• “could have an interest in the application” in the English version and “pourrait avoir un intérêt dans la demande” in the French version will be replaced with “may be affected by the application” and “pourrait être touché par la demande” respectively in paragraph 33(b) to be more consistent with the language used in similar provisions.

The Board identified another inconsistency that it will address as follows:

• paragraph 5(b) will be amended in both languages to add a reference to the authorized representative to be more consistent with other similar provisions in the Regulations.

Ensuring consistency between the French and English versions

The Committee identified several instances where the French and English versions are inconsistent. The Board will address these inconsistencies as follows:

• “déposé” will be removed from the French version to bring it in line with the English version in the following paragraphs: 5(f), 7(1)(g), 8(1)(e), 28(g), 32(j) and 39(1)(f);
• the expression “reliés à …” will be removed from the French version to bring it in line with the English version in the following paragraphs: 5(c), 7(1)(c), 8(1)(b), 28(d), 32(f), 33(e), 34(2)(b) and 38(d);
• subsection 16(3) will be amended in French to replace “un préjudice direct” with “un préjudice direct et concret” to bring it in line with the English version;
• subsection 21(2) will be amended in French to replace “Sauf directives contraires du Conseil” with “à moins que le Conseil n’en décide autrement” to bring it in line with the English version;
• paragraph 32(b) will be amended in French to replace “que la plainte peut intéresser” with “que la plainte pourrait toucher” to bring it in line with the English version;
• paragraph 32(d) will be amended in French to replace “agissements” with “actes” to bring it in line with the English version;
• paragraph 32(e) will be amended in French to replace “détails” with “exposé complet” to bring it in line with the English version;
• paragraphs 32(g) and 33(f) will be amended in French to replace “détail” with “description” to bring them in line with the English version, and the same paragraphs will be amended in English to replace “decision” with “determination” to bring them in line with the French version;
• paragraph 32(h) will be amended in French to replace “exposé détaillé” with “description” to bring it in line with the English version; and
• paragraph 39(1)(b) will be amended in French to replace “visée” with “touchée” to bring it in line with the English version.

Ensuring consistency with the Status of the Artist Act

The Committee identified several instances where the language of the Regulations was not in line with the language of the Status of the Artist Act (SAA). The Board will address these instances as follows:

• in paragraph 9(1)(d) and section 17, “the objectives of the Act” will be replaced with “the purpose of Part II of the Act” in the English version and “les objectifs de la Loi” will be replaced with “l’objet de la partie II de la Loi” in the French version to be consistent with the language of the SAA;
• in subsection 13(1), “une preuve” will be replaced with “des éléments de preuve” in the French version to be consistent with the language of the SAA;
• in paragraph 23(1)(c), “professional freelance artists” in the English version and “artistes professionnels indépendants” in the French version will be replaced with “artists” and “artistes” respectively to be consistent with the language of the SAA; and
• in paragraph 23(1)(g), “constitution and its by-laws’” in the English version and “des statuts et des règlements” in the French version will be replaced with “constitution, articles of association or by-laws” and “des documents constitutifs ou des statuts et règlements” respectively to be consistent with the language of the SAA.

The Board identified another inconsistency that it will address as follows:

• in subsection 16(2), “on its own initiative or at the request of a participant” will be replaced with “of its own motion or on request of a participant” in the English version and “de sa propre initiative ou à la demande d’un participant” will be replaced with “d’office ou à la demande d’un participant” in the French version to be consistent with the language of the SAA.

Adding clarity

Section 5 will be amended in both languages to clarify that the elements it lists do not apply to applications to which subsection 23(1) or 39(1) or section 28, 31, 32, 33 or 38 applies, as those provisions contain their own lists.

Section 6 will be amended in both languages. The current language will be renumbered subsection 6(1) and amended to apply to all applications. Subsection 6(2) will be added to clarify that the Board will include the file number in the written notice, as the Board requires participants and potential intervenors to include the file number with the documents they file.

Subsection 9(1) will be amended in both languages to more clearly set out the time periods for filing a request for leave to intervene.

Subsection 9(2) will be amended in both languages to specify that the time period for filing a response to a request for leave runs from the time it is received.

Subsection 10(1) will be amended in the English version to more clearly set out the time period for filing the written submissions. It will also be amended in the French version to clarify that the submissions must be written.

Section 11 will be amended in both languages to explicitly state that the notification to the Board must be given in writing. The English version will also be amended to more clearly explain the obligation to serve documents on all other participants.

Paragraphs 12(2)(b), 12(3)(a) and 12(3)(b) will be amended in the English version to refer to “sender” and “recipient” and in the French version to refer to “auteur de la transmission” and “destinataire”. The paragraphs will also be amended in both languages to increase readability.

Paragraphs 13(1)(a) and 13(1)(b) will be amended in both languages to include a reference to written submissions to explicitly state that the paragraphs also apply to intervenors. The English version of paragraph 13(1)(b) will also be amended to clearly state that a summary is expected for each witness.

Subsection 13(4) will be amended in both languages to set out the Board’s power more clearly and to remove the reference to subsection 13(3), which will be repealed.

Section 14 will be amended in both languages to include deemed dates of service. The current language will be renumbered subsection 14(1) and amended for increased readability. Subsection 14(2) will be added regarding the deemed dates of service. This will include service by registered mail, by regular mail, through electronic means and by hand. As identified by the Committee, the current version of the Regulations only specifies the date of filing. The heading will also be amended in both languages to include a reference to the deemed dates of service.

Subsection 15(3) will be amended in both languages to increase readability.

Paragraph 16(4)(d) will be amended in both languages to clarify that the Board may order that a document or any part of it be provided to the persons it designates instead of making a distinction between participants and their legal counsel or authorized representatives. The current language creates an asymmetry between participants who are represented and those who are not. The new language will remove that asymmetry.

Subsection 19.1(1) will be added in both languages to specifically state that the Board has the power to hold case management conferences to resolve any matter, including those of an administrative or procedural nature. That power is currently implied in subsection 41(2) but is not explicit. Subsection 19.1(2) will be added to clarify that case management conferences may be held in person, by teleconference, by videoconference or by any other form of electronic communication. A heading will also be added in both languages.

Subsection 21(2) will be amended in both languages to increase readability.

Subsection 24(2) will be amended in both languages to increase readability and to clarify that the Board will include the file number in the public notice, as the Board requires participants and potential intervenors to include the file number with the documents they file.

Paragraph 25(2)(c) will be amended in both languages to clarify that the interest and position of the intervenor must be with regard to the application instead of the determination sought. This new language is clearer and more appropriate, as a participant may have an interest in an application that is not directly related to the determination sought.

Paragraph 32(b) will be amended in both languages to clarify that the contact information must only be provided if it is known.

Subsection 34(2) and paragraph 34(2)(b) will be amended in the English version to increase readability.

Paragraph 34(2)(f) will be amended in the English version to make “submissions” singular, as the singular is now used in subsection 34(2).

Subsections 34(3) and 34(4) will be amended in both languages to clarify that more than two parties may be involved in the referral. Subsection 34(4) will also be amended in both languages to clarify that each party may respond to another party’s submission.

Subsection 35(3) will be added in both languages to clarify the content of the public notice.

Subsection 37(2) will be amended in both languages to more clearly set out the persons on whom an application for reconsideration must be served.

Paragraph 39(1)(d) will be amended in the French version to increase readability.

Subsection 41(1) will be amended in both languages to clarify the Board’s power to allow a non-complying participant to comply with the Regulations. The amendment will clarify that the Board may act on its own motion or on application of a non-complying participant and that the non-complying participant will have to comply within the time period specified by the Board. Subsection 41(1.1) will be added and provide the consequences of non-compliance. These consequences will be amended to remove the Board’s power to decide an application without further notice if the non-complying party is an intervenor, as the Board agrees with the Committee that such a consequence is unfair to the other participants.

Subsection 41(2) will be amended in both languages to speak of a case management conference instead of a pre-hearing proceeding. This language is more precise, as a case management conference may be held in all proceedings, including those where no oral hearing is held.

Section 42 will be amended in the English version to increase readability.

Removing duplications

Subsection 13(2) will be amended in both languages to apply to the filing and service of documents, and subsection 13(3) will be repealed, as it will be a duplication of subsection 13(2).

Paragraph 16(4)(b) will be repealed, as it is a duplication of the Board’s powers under paragraph 16(4)(a).

Section 19 will be amended in both languages to remove the reference to severing proceedings, as this power is already found in subsection 20(2) of the SAA. The heading before that section will be amended in both languages to reflect the new language.

Subsection 41(2) will be amended in both languages to remove the reference to hearings, as this power is already found in subsection 20(3).

Simplifying requirements

Paragraph 9(1)(c) will be amended in both languages to remove the requirement for a potential intervenor to provide an explanation of whether their interest is different from that of another participant in the application. The Board agrees with the Committee that it is a premature requirement, as a potential intervenor may not be aware of this when filing their request for leave to intervene. The paragraph will be further amended in both languages to require an explanation of the prejudice a potential intervenor would likely suffer instead of the prejudice they would suffer, as this better reflects the intention of the provision.

Paragraph 10(1)(b) will be amended in both languages to remove the requirement for intervenors to include relevant dates in their written submissions, as this is not required of other participants.

Subsections 21(4) and 21(5) will be repealed. These subsections concern the obligations of persons who were summoned to attend a hearing and of the participants who requested the summons. Such obligations are better addressed by the Board in the summons document or directly with the participants.

Paragraph 31(b) will be amended in both languages to replace the requirement to provide documents the Board requires with the requirement to provide documents the joint applicants consider relevant. This is more in line with what would happen in a proceeding.

Technological changes

The Board is no longer able to receive or send documents by fax. For this reason, references to fax numbers will be removed from the Regulations in the following paragraphs: 5(a), 5(b), 7(1)(a), 9(1)(a), 12(3)(a), 12(3)(b), 23(1)(a), 25(2)(a), 28(a), 31(a), 32(a), 32(b), 33(a), 33(b), 34(2)(a), 38(a), 38(b), 39(1)(a) and 39(1)(b).

Spent regulatory provisions

Section 22 will be repealed, as the Board agrees with the Committee that it has no independent legal effect.

Subsection 43(2) will be repealed, as there are no longer any proceedings to which it could apply.

Consultation

The proposed amendments were published in the Canada Gazette, Part I, on March 22, 2025, followed by a 30-day comment period. Nine comments were received.

The comments were in favour of the proposed amendments. Therefore, the Board has not made any changes to the text of the proposed amendments.

One-for-one rule

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

Small business lens

Analysis under the small business lens determined that the initiative will not impact small businesses in Canada.

Contact

Audrey Corsi Caya
Senior Counsel – Team Lead
Canada Industrial Relations Board
240 Sparks Street, 4th Floor West
Ottawa, Ontario
K1A 0X8
Email: Audrey.CorsiCaya@tribunal.gc.ca