APPENDIX 1: Selected Federal/Provincial Statutes Containing ADR References

AuthorAndrew J. Pirie
ProfessionFaculty of Law. University of Victoria
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
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-
sent of the mediator and all parties to the cause or matter in
which the mediator acted.
, 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
(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
Canada Labour Code, R.S.C. 1985, c. L-2
Promotion of Industrial Peace
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
2.(1) In this Act,
“mediation” means an environmental assessment that is con-
ducted with the assistance of a mediator appointed pursuant

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