The Highway Victims Indemnity Act of Quebec, 1961

Abstract

Refineries Ltd. and Bakery and Confectionery Workers' International Union of America Local No. 443 (1961), 27 D.L.R. (2d) 310; Re Polymer Corporation and Oil, Chemical and Atomic Workers' International Union, Local 16-14 (1961), 26 D.L.R. (2d) 609, 28 D.L.R. (2d) 81; Howe Sound Co. v. International Union of Mine, Mill and Smelter Workers (Canada) Local No. 663 (1961), 27 D.L.R. (2d) 453, reversed in 29 D.L.R. (2d) 76); the issue is proceeding to the Supreme Court of Canada in the Howe Sound Case, and may possibly be raised in the Polymer Case. The British Columbia statute substitutes for the words or otherwise the words or such other method as may be agreed to by the parties. The amendment would appear to emphasize the consensual, as distinct from the compulsory, nature of grievance arbitration in British Columbia, but the consensual character of arbitration may be refuted by the statutory requirement that the machinery of settlement be final and conclusive. The difference between the consensual and the compulsory quality of arbitration relates to the question whether arbitration boards are subject to proceedings by way of certiorari, in which the grounds for quashing an arbitration award are wider than the grounds available under the machinery for setting an award aside under the provincial Arbitration Act. The amendment also gives arbitration boards jurisdiction to determine whether any question is arbitrable. This amendment is a significant extension of jurisdiction. Where a party refuses to appoint a nominee to an arbitration board, there is machinery at present contained in the provincial Arbitration Act whereby the other party may apply to the court for the appointment of a board member, including a chairman. The amendment to the Labour Relations Act provides additional machinery whereby application may be made to the Labour Relations Board for the appointment of a nominee, provided the Board is of the opinion the question is arbitrable, and provides further for application to the Minister of Labour to appoint a chairman if the members of the arbitration board fail to agree upon a chairman.