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

Act current to 2017-06-19 and last amended on 2017-06-19. Previous Versions

Compulsory Check-Off

Marginal note:Union dues to be deducted
  •  (1) Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith.

  • Marginal note:Religious objections

    (2) Where the Board is satisfied that an employee, because of their religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee so long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from their wages, to a registered charity mutually agreed on by the employee and the trade union.

  • Marginal note:Designation by Board

    (3) Where an employee and the trade union are unable to agree on a registered charity for the purposes of subsection (2), the Board may designate any such charity as the charity to which payment should be made.

  • Marginal note:Definitions

    (4) In this section,

    registered charity

    organisme de bienfaisance enregistré

    registered charity has the meaning assigned to that expression by the Income Tax Act; (organisme de bienfaisance enregistré)

    regular union dues

    cotisation syndicale normale

    regular union dues means, in respect of

    • (a) an employee who is a member of a trade union, the dues uniformly and regularly paid by a member of the union in accordance with the constitution and by-laws of the union, and

    • (b) an employee who is not a member of a trade union, the dues referred to in paragraph (a), other than any amount that is for payment of pension, superannuation, sickness insurance or any other benefit available only to members of the union. (cotisation syndicale normale)

  • R.S., 1985, c. L-2, s. 70;
  • 1999, c. 31, ss. 162(E), 241(F), 246(F).

DIVISION VConciliation and First Agreements

Federal Mediation and Conciliation Service

Marginal note:Federal Mediation and Conciliation Service
  •  (1) The Federal Mediation and Conciliation Service, the employees of which are employees of the Department of Employment and Social Development, advises the Minister of Labour with respect to industrial relations matters and is responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal and the management of the relations resulting from the implementation of the agreements.

  • Marginal note:Head

    (2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes.

  • 1998, c. 26, s. 30;
  • 2005, c. 34, s. 79;
  • 2013, c. 40, s. 237.

Conciliation Procedures

Marginal note:Notice of dispute
  •  (1) Where a notice to commence collective bargaining has been given under this Part, either party may inform the Minister, by sending a notice of dispute, of their failure to enter into, renew or revise a collective agreement where

    • (a) collective bargaining has not commenced within the time fixed by this Part; or

    • (b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement.

  • Marginal note:Copy to other party

    (2) The party who sends a notice of dispute under subsection (1) must immediately send a copy of it to the other party.

  • R.S., 1985, c. L-2, s. 71;
  • 1998, c. 26, s. 30.
Marginal note:Options of Minister
  •  (1) The Minister shall, not later than fifteen days after receiving a notice in writing under section 71,

    • (a) appoint a conciliation officer;

    • (b) appoint a conciliation commissioner;

    • (c) establish a conciliation board in accordance with section 82; or

    • (d) notify the parties, in writing, of the Minister’s intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.

  • Marginal note:Idem

    (2) Where the Minister has not received a notice under section 71 but considers it advisable to take any action set out in paragraph (1)(a), (b) or (c) for the purpose of assisting the parties in entering into or revising a collective agreement, the Minister may take such action.

  • Marginal note:Limitation

    (3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit.

  • R.S., 1985, c. L-2, s. 72;
  • 1998, c. 26, s. 31;
  • 1999, c. 31, s. 155(E).
Marginal note:Delivery of notice to conciliation officer
  •  (1) Where a conciliation officer has been appointed under subsection 72(1), the Minister shall forthwith deliver to the officer a copy of the notice given under section 71 in respect of the dispute.

  • Marginal note:Duties of conciliation officer

    (2) Where a conciliation officer has been appointed under section 72, the conciliation officer shall

    • (a) forthwith after the appointment, confer with the parties to the dispute and endeavour to assist them in entering into or revising a collective agreement; and

    • (b) within fourteen days after the date of the appointment or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to whether or not the officer has succeeded in assisting the parties in entering into or revising a collective agreement.

  • R.S., 1985, c. L-2, s. 73;
  • 1998, c. 26, s. 32.
Marginal note:Delivery of notice
  •  (1) Where a conciliation commissioner has been appointed or a conciliation board has been established, the Minister must immediately deliver to the conciliation commissioner or the members of the conciliation board a copy of the notice of dispute sent under section 71 and may, until their report has been submitted, refer other questions to them.

  • Marginal note:Duties of conciliation commissioner or conciliation board

    (2) Where a conciliation commissioner has been appointed or a conciliation board has been established under subsection 72(1), the conciliation commissioner or conciliation board shall

    • (a) immediately endeavour to assist the parties to the dispute in entering into or revising a collective agreement; and

    • (b) within fourteen days after the date of appointment or establishment, or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to the commissioner’s or board’s success or failure in assisting the parties to the dispute and as to their findings and recommendations.

  • Marginal note:Report of the Board

    (3) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board.

  • R.S., 1985, c. L-2, s. 74;
  • 1998, c. 26, s. 33.
Marginal note:Time limits
  •  (1) Except with the consent of the parties, the Minister may not extend the time for a conciliation officer to report, or for a conciliation commissioner or conciliation board to submit a report, beyond sixty days after the date of appointment or establishment.

  • Marginal note:Deemed reporting

    (2) The conciliation officer is deemed to have reported sixty days after the date on which that officer was appointed or at the end of the extended time limit to which the parties consent, unless she or he actually reports earlier.

  • Marginal note:Deemed receipt of report

    (3) The Minister is deemed to have received the report of the conciliation commissioner or conciliation board sixty days after the date on which the conciliation commissioner was appointed or the board was established or at the end of the extended time limit to which the parties consent, unless the Minister actually receives the report earlier.

  • R.S., 1985, c. L-2, s. 75;
  • 1998, c. 26, s. 33.
 
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