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CANADA LABOUR CODECoal Mining Safety Commission RegulationsRegulations Respecting the Manner of Selection and Term of Office of the Members of the Coal Mining Safety CommissionP.C.1990-10819901

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to subsections 137.1(3)* and 157(1)** of the Canada Labour Code, is pleased hereby to make the annexed Regulations respecting the manner of selection and term of office of the members of the Coal Mining Safety Commission, effective February 1, 1990. *R.S., c. 26 (4th Supp.), s. 3**R.S., c. 9 (1st Supp.), s. 4Short Title

1These Regulations may be cited as the Coal Mining Safety Commission Regulations.

Interpretation

2In these Regulations,Act means Part II of the Canada Labour Code; (Loi)Commission means the Coal Mining Safety Commission established by subsection 137.1(1) of the Act. (Commission)

Selection of Members

3(1)Two months prior to the expiration of the term of office of a member of the Commission representative of employers of employees in coal mines, those employers may submit to the Head of Compliance and Enforcement for consideration the name and qualifications of a person the employers recommend be appointed as a member of the Commission to represent the employers.(2)Two months prior to the expiration of the term of office of a member of the Commission representative of non-supervisory employees employed in coal mines, the trade union representing those employees may, in consultation with any non-supervisory employees who are not represented by a trade union, submit to the Head of Compliance and Enforcement for consideration the name and qualifications of a person the trade union recommends be appointed as a member of the Commission to represent the non-supervisory employees.SOR/99-355, s. 1SOR/2021-118, s. 10

4(1)Within 30 days after a member of the Commission representing employers referred to in subsection 3(1) resigns or ceases to be a member for any other reason, the employers may submit to the Head of Compliance and Enforcement for consideration the name and qualifications of one person the employers recommend be appointed to replace the member of the Commission.(2)Within 30 days after a member of the Commission representing non-supervisory employees referred to in subsection 3(2) resigns or ceases to be a member for any other reason, the trade union representing those employees may, in consultation with any non-supervisory employees who are not represented by a trade union, submit to the Head of Compliance and Enforcement for consideration the name and qualifications of one person the trade union recommends be appointed to replace the member of the Commission.SOR/99-355, s. 1SOR/2021-118, s. 10

5Where names and qualifications are not submitted to the Head of Compliance and Enforcement in accordance with section 3 or 4, the Head of Compliance and Enforcement shall consult with the employers, the non-supervisory employees or the trade union, as the case may be, before appointing a person as a member of the Commission.SOR/2021-118, s. 10

Term of Office

6The term of office of the members of the Commission shall be three years.SOR/99-355, s. 2

Reappointment of Members

7A person may be reappointed as a member of the Commission for more than one term.

SOR/2021-1182021-07-01