APPENDIX 1: Selected Federal/Provincial Statutes Containing ADR References

• Author: Andrew J. Pirie
• Profession: Faculty of Law. University of Victoria
• Pages: 401-428

401

APPENDIX 1

SELECTED FEDERAL/

PROVINCIAL STATUTES

CONTAINING ADR

REFERENCES

The Agri-Food Act

, S.S. 1990–91, c. A-15.2

Appeal Committees

22(1) The Lieutenant Governor in Council may, by order:

(a) establish appeal committees to hear appeals from any per-

son aggrieved by an act or omission of an agency

(3) For the purpose of conducting appeals, an appeal committee:

(b) may:

(i) where the committee believes that mediation may resolve

the appeal:

(A) appoint any person to mediate between the agency

and the person bringing the appeal; and

(B) set the terms and conditions pursuant to which

the mediation is to be conducted.

The Agricultural Operations Act, S.S. 1995, c. A-12.1

Mediation

16(1) For the purposes of this Act, the board may appoint a person

as mediation officer to assist the parties to resolve a dispute.

(7) Evidence arising from anything said, evidence of anything

said, or evidence of an admission or communication made in

the course of mediation is not admissible in any cause or mat-

ter or proceeding before a court, except with the written con-

402

ALTERNATIVE DISPUTE RESOLUTION

sent of the mediator and all parties to the cause or matter in

which the mediator acted.

Arbitration Act

, S.A. 1991, c. A-43.1

Mediation and conciliation

35(1) The members of an arbitral tribunal may, if the parties consent,

use mediation, conciliation or similar techniques during the

arbitration to encourage settlement of the matters in dispute.

(2) After the members of an arbitral tribunal use a technique

referred to in subsection (1), they may resume their roles as

arbitrators without disqualification.

Broadcasting Act, S.C. 1991, c. 11

Regulations generally

10.(1) The Commission may, in furtherance of its objects, make

regulations.

(h) for resolving, by way of mediation or otherwise, any dis-

putes arising between programming undertakings and

distribution undertakings concerning the carriage of pro-

gramming originated by the programming undertakings.

Business Practices Act, R.S.O. 1990, c. B.18

Duties of Director

5. The Director shall,

(b) receive and act on or mediate complaints respecting unfair

practices.

Canada Labour Code, R.S.C. 1985, c. L-2

Promotion of Industrial Peace

Mediators

105. The Minister, on request or on his own initiative, may, where

the Minister deems it expedient, at any time appoint a mediator

to confer with the parties to a dispute or difference and endeav-

our to assist them in settling the dispute or difference.

Canadian Environmental Assessment Act, S.C. 1992, c. 37

Definitions

2.(1) In this Act,

“mediation” means an environmental assessment that is con-

ducted with the assistance of a mediator appointed pursuant