The applicant filed an application seeking a declaration that it is a 'non-construction employer' under the Labour Relations Act.
Before the hearing commenced, the statutory definition of 'non-construction employer' was amended.
The responding union brought a preliminary motion arguing the new definition should apply.
The Board dismissed the motion, holding that because the proceeding had been commenced prior to the amendment, the applicant had an accrued right to have the matter adjudicated under the law as it existed at the time the application was filed.
