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Ontario Labour Relations Board
COMMENT
The Ontario Labour Relations Board (OLRB) is the main Ontario labour tribunal, addressing workplace disputes between employers and (almost always unionized) employees. The OLRB has limited non-LRA (Labour Relations Act) jurisdiction, notably authority over Employment Standards Act (ESA) s.116 'Reviews' of Employment Standards Officer (ESO) orders.
BOARD (OLRB)
General
LRA (Ont), s.110 Board (OLRB)
Information Bulletins (Board Publications on Specific Board Procedures)
OLRB Website: Information Bulletins
Other
OLRB Website: The Board and Its History
OLRB Website: Reports, Highlights and Publications
COMPLAINTS
LRA (Ont), s.96 Inquiry, Alleged Contravention (LROs to Inquire into Complaints)
LRA (Ont), s.97 “person” defined for purposes of ss. 87, 96
LRA (Ont), s.99 Jurisdictional, etc., disputes (Complaints)
ENFORCEMENT
LRA (Ont), s.108 Proceedings in Superior Court of Justice (Enforcement by Court of OLRB Orders etc)
LRA (Ont), s.109 OLRB Consent to Prosecute Required
EVIDENCE
LRA (Ont), s.117 Testimony in civil proceedings, etc.
LRA (Ont), s.118 Documentary evidence
LRA (Ont), s.119 Secrecy
LRA (Ont), s.120 Competency as a witness
OLRB Website: Summon to Witness
FORMS
OLRB Website: OLRB Forms
JURISICTION
The most active area of labour law over the past 30 years is that of the 'exclusive jurisdiction' of labour tribunals, like the OLRB: Weber v. Ontario Hydro (SCC, 1995). The invariable theme of any disputed Weber case is whether the tribunal (such as the OLRB) or another forum (usually the civil courts or the OHRT) have jurisdiction over any dispute involving the collective agreement between the parties.
'Weber' Cases are located in the Labour - Weber and Exceptions topic.
LRA (Ont), s.114 Jurisdiction
LRA (Ont), s.111 Powers and Duties of Board, General
OLRB Website: Jurisdiction and Legislation (Is your concern addressed by the Board?)
POLICIES
OLRB Website: Policies
PROCEDURES
Cases
OLRB - Reconsideration
OLRB - Procedures
Rules
OLRB Website: Rules of Procedure
Statutory Powers Procedures Act (SPPA)
The SPPA can be thought of as Ontario's 'default' administrative tribunal procedural statute. Procedural rules set out in the SPPA apply to any tribunal, unless another statute provides otherwise [SPPA s.32 'Conflict']. The SPPA is roughly broken into two parts: 1. general procedural rules [SPPA s.4.1-24] and 2. tribunal-made rules [s.25.1] which must be "consistent" with the general rules, the SPPA and other related statutues [LRA SPPA 25.1(3)].
The LRA has made such s.25.1 Rules [LRA s.110(16-18,20-21)]. In particular, s.110(18) ['Rules of Practice'] allow the OLRB chair to "make rules to expedite proceedings" in a number of limited procedural areas. Most of these are embodied in the 'OLRB Rules of Procedure' [see Rules, immediately above], which also integrate the SPPA general rules.
LRA (Ont), s.110(16) Practice and procedure
LRA (Ont), s.110(17) Rules of Practice
LRA (Ont), s.110(18) Same (Rules of Practice)
LRA (Ont), s.110(20) Special provisions
LRA (Ont), s.110(21) Conflict with Statutory Powers Procedure Act
Specific Processes
OLRB Website: Board Processes
Filing
OLRB Website: E-Filing
OLRB Website: Filing Guide
Other
LRA (Ont), s.98 Board power re interim orders
LRA (Ont), s.112 Mistakes in names of parties
LRA (Ont), s.115-115.1 Reference of questions
LRA (Ont), s.122 Application (Service of Documents)
LRA (Ont), s.123 Defects in form; Technical irregularities
REVIEWS
Section 116 is a 'privative clause' - an attempt by the Ontario legislature to bar judicial review (JR) of any tribunal or other administrative decision, here JR of any OLRB "decision, order, direction, declaration or ruling". Privative clauses will not respected by the courts since they violate Constitution Act, 1867, s.96 ['Judicature'] in that they undermine 's.96 Superior Court' authority, which is the basis of the courts as the third branch of government.
Since almost all labour tribunal rulings are not subject to appeals (and as appeals are always statutory), the only form of 'review' of labour tribunal rulings is judicial review (JR) - which is readily available under the Judicial Powers Procedures Act (JRPA) [see the 'Judicial Review' topic].
Privative Provision [s.116 LRA]
LRA (Ont), s.116 Board’s orders not subject to review
OLRB - JR
JR - Privative Clauses
OFFICIAL WEBSITE
Ontario Labour Relations Board
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