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78. The Commission shall adopt a seal which Seal. shall be judicially noticed by all courts, magistrates, justices and other judicial officers.
79. The members of the Commission shall be Oaths of office. sworn to the faithful performance of the duties of their respective offices before entering upon the discharge of the same.
80. In the case of the absence or disqualification Absence or dieof the Chairman of the Commission at any time, of members of the Governor-in-Council shall appoint a barrister of the Supreme Court of Nova Scotia of not less than ten years' standing to act as Chairman of the Commission during such absence or disqualification, and in the case of the absence or disqualification of either or both of the other members, the Governor-in-Council may appoint a person or persons to act as a member or members during such absence or disqualification. Any person so appointed may complete any unfinished business in which he has taken part even if the Chairman of the Commission or member whom he had replaced has returned or become able to act.
81. The presence of the Chairman of the Commis- Quorum. sion and one other member shall constitute a quorum of the Commission.
82. The members of the Commission shall have Privileges and the same privileges and immunities as a Judge of the Commission. Supreme Court of Nova Scotia has on a trial of an action.
83. (1) The Governor-in-Council may from time Registrar and to time appoint a person to be Registrar to the Com-pointment of. mission who shall be paid such salary as the Governor-in-Council determines and who shall have the power and perform the duties prescribed.
(2) The Governor-in-Council may from time to time appoint such clerks and other officers of the Commission as he thinks necessary and determine their remuneration.
Disputes, how referred to Commission.
JURISDICTION AND PROCEDURE OF THE COMMISSION.
84. (1) If within one month after the filing of the recommendation of the Board the parties to the dispute do not agree in writing to be bound by the recommendation of the Board as provided by Section 60 of this Act, any of the parties thereto or the Governor-in-Council may, by application in the prescribed form filed in the office of the Registrar of the Commission, refer such dispute to the Commission for settlement, and thereupon the Commission shall have full and exclusive cognizance of and jurisdiction to hear and to determine the same as in fairness and good conscience it in its sole discretion deems just, including where a strike or lockout has occurred before and exists at the coming into force of this section the awarding that the employees shall resume employment and work and that the employer shall permit the employees to resume employment and work in accordance with the award.
Commission. (2) The Commission shall also have jurisdiction and authority fully to inquire into and concerning all matters which the Commission in its sole judgment deems to have any connection whatever with or in any way to have any relation whatever to such dispute including but without restricting the generality of the foregoing
(a) as to the employer:—
(I) The extent, condition and value of the physical assets of the employer used and useful in the operation of the business, industry or undertaking of the employer and into the condition and value of such business, industry or undertaking as a going concern.
(II) The financial condition of the employer and if a corporation also its capitalization.
(III) The reasonableness of the operating expenses incident to the proper carrying on of the particular business, industry or undertaking.
(IV) The annual depreciation.
(V) The ruling prices of such commodity as is produced by the employer.
(b) as to the employee:
(I) The cost of living.
(II) The working conditions.
(III) The ruling rate of wages for similar classes of labour.
(IV) The work performed and the skill and attention with which it is performed.
(V) The constitution, by-laws, rules, regulations, policy, operations, practices, affiliations or associations, members and officers of any trade or employees or labour union, society, association or organization.
(VI) The reasonableness of requiring employers to make deductions from the wages of employees to be paid over to any organization or individual.
and place of.
85. Upon such dispute being referred as aforesaid Hearing, time the Commission shall by order set the same down for hearing at such time and place as the Commission deems proper, and thereupon the Registrar of the Commission shall give notice thereof by publication of a copy of such order in one or more newspapers published in the Province of Nova Scotia, and such publication shall be held to be sufficient notice for all purposes to all parties concerned.
86. The hearing of any such dispute may be Hearing, adadjourned from time to time and from place to place in the manner following, that is to say:
(a) by the Commission, or
(b) by the member or members present or
Parties, how represented.
(c) if no member present then by the Registrar of the Commission, or
(d) by the Chairman of the Commission at any time before the time fixed for the hearing or any adjournment thereof, and in such case the Registrar shall give notice of such adjournment by publication in one or more newspapers published in the Province of Nova Scotia.
87. Any party to the dispute may be represented before the Commission by three or less than three persons or by counsel or solicitor.
Parties bound 88. Every party appearing by a representative by acts of re-shall be bound by the acts of such representative.
89. (1) The Commission shall have all of the as to witnesses, powers of summoning before it and enforcing the attendance of witnesses, of administering oaths, and of requiring witnesses to give evidence on oath or on solemn affirmation (if they are persons entitled to affirm in civil matters) and to produce such books, papers or other documents or things as the Commission deems requisite to the full investigation of the matters into which it is inquiring, as is vested in any court of record in civil cases.
Summons, form of.
(2) Any member of the Commission may administer an oath, and the Commission may accept, admit and call for such evidence as in fairness and good conscience it thinks fit, whether strictly legal evidence or not.
90. The summons shall be in the prescribed form and may require any person to produce before the Commission any books, papers or other documents or things in his possession or under his control in any way relating to the matters into which it is inquiring.
91. All books, papers and other documents or things produced before the Commission, whether voluntarily or in pursuance to summons, may be inspected by the Commission, and also by such parties as the Commission allows, but the information obtained
therefrom shall not, except in so far as the Commission deems it expedient, be made public, and such parts of the books, papers or other documents as in the opinion of the Commission do not relate to the matter at issue may be sealed up.
92. Any party to the proceedings shall be com-Parties as petent and may be compelled to give evidence as a witness.
93. Every person who is summoned and duly Witnesses, attends as a witness shall be entitled to an allowance to for expenses according to the scale for the time being in force with respect to witnesses in civil suits in the Supreme Court of Nova Scotia with a minimum allowance of four dollars per day.
94. If any person who has been duly served with Failure to obey such summons and to whom at the same time payment penalty for. or tender has been made of his reasonable travelling expenses, according to the aforesaid scale, fails to duly attend or to duly produce any book, paper or other document or thing as required by his summons, he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding one hundred dollars, unless he shows that there was good and sufficient cause for such failure.
95. If, in any proceedings before the Commission, Contempt of any person wilfully insults any member of the Com- penalty for. mission or wilfully interrupts the proceedings or without good cause refuses to give evidence, or is guilty in any other manner of any wilful contempt in the face of the Commission, any officer of the Commission or any constable may take the person into custody and remove him from the precincts of the Commission, to be detained in custody until the rising of the Commission, and the person so offending shall be liable on summary conviction to a penalty not exceeding one hundred dollars.
view by Com
96. The Commission, or any member thereof, Inspection and and, on being authorized in writing by the Commission, ion any other person may, without any other warrant than this Act, at any time enter any building, mine, mine workings, ship, vessel, factory, workshop, place