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

Act current to 2017-03-20 and last amended on 2016-01-03. Previous Versions

Marginal note:Reconsideration of report

 After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to reconsider the report and clarify or amplify any part of it.

  • R.S., 1985, c. L-2, s. 76;
  • 1998, c. 26, s. 33.
Marginal note:Release of report

 After receiving the report of a conciliation commissioner or conciliation board, the Minister

  • (a) immediately releases a copy of the report to the parties to the dispute; and

  • (b) may make the report available to the public in a manner that the Minister considers advisable.

  • R.S., 1985, c. L-2, s. 77;
  • 1998, c. 26, s. 33.
Marginal note:Report binding by agreement

 Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the conciliation commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations.

  • R.S., 1985, c. L-2, s. 78;
  • 1998, c. 26, s. 33.
Marginal note:Agreement
  •  (1) Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or revision of a collective agreement or the entering into of a new collective agreement to a person or body for final and binding determination.

  • Marginal note:Effect of agreement

    (2) The agreement suspends the right to strike or lockout and constitutes an undertaking to implement the determination.

  • R.S., 1985, c. L-2, s. 79;
  • 1998, c. 26, s. 33.

Settlement of First Agreement

Marginal note:Minister may refer dispute to Board
  •  (1) Where an employer or a bargaining agent is required, by notice given under section 48, to commence collective bargaining for the purpose of entering into the first collective agreement between the parties with respect to the bargaining unit for which the bargaining agent has been certified and the requirements of paragraphs 89(1)(a) to (d) have otherwise been met, the Minister may, if the Minister considers it necessary or advisable, at any time thereafter direct the Board to inquire into the dispute and, if the Board considers it advisable, to settle the terms and conditions of the first collective agreement between the parties.

  • Marginal note:Board may settle terms and conditions

    (2) The Board shall proceed as directed by the Minister under subsection (1) and, if the Board settles the terms and conditions of a first collective agreement referred to in that subsection, those terms and conditions shall constitute the collective agreement between the parties and shall be binding on them and on the employees in the bargaining unit, except to the extent that such terms and conditions are subsequently amended by the parties by agreement in writing.

  • Marginal note:Matters the Board may consider

    (3) In settling the terms and conditions of a first collective agreement under this section, the Board shall give the parties an opportunity to present evidence and make representations and the Board may take into account

    • (a) the extent to which the parties have, or have not, bargained in good faith in an attempt to enter into the first collective agreement between them;

    • (b) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the bargaining unit; and

    • (c) such other matters as the Board considers will assist it in arriving at terms and conditions that are fair and reasonable in the circumstances.

  • Marginal note:Duration of agreement

    (4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and conditions of the collective agreement.

  • R.S., 1985, c. L-2, s. 80;
  • 1998, c. 26, s. 34.

Establishment of Conciliation Boards

Marginal note:Composition
  •  (1) A conciliation board shall consist of three members appointed in the manner specified in section 82.

  • Marginal note:Eligibility of members

    (2) A person is not eligible to be a member of a conciliation board if the person has a pecuniary interest that may be directly affected by any matter referred to the board.

  • R.S., c. L-1, s. 172;
  • 1972, c. 18, s. 1.
Marginal note:Nomination by parties
  •  (1) Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board.

  • Marginal note:Failure to nominate

    (2) Where either party to whom a notice is given pursuant to subsection (1) fails or neglects to nominate a person to be a member of the conciliation board to be established by the Minister within seven days after the receipt by that party of the notice, the Minister shall appoint, as a member of the conciliation board, a person the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed on the nomination of that party.

  • Marginal note:Nomination of chairperson

    (3) The members of a conciliation board appointed under subsection (1) or (2) shall, within five days after the appointment of the second member, nominate a third person, who is willing and ready to act, to be a member and chairperson of the conciliation board, and the Minister shall appoint that person to be a member and chairperson of the conciliation board.

  • Marginal note:Failure to nominate chairperson

    (4) Where the members of a conciliation board appointed under subsection (1) or (2) fail or neglect to nominate a chairperson within five days after the appointment of the second such member, the Minister shall forthwith appoint, as the third member and chairperson of the conciliation board, a person whom the Minister considers qualified to be a member and chairperson of the conciliation board.

  • R.S., 1985, c. L-2, s. 82;
  • 1998, c. 26, ss. 35(E), 59(E).
Marginal note:Notification to parties of establishment of board

 When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given.

  • 1972, c. 18, s. 1.

General

Marginal note:Powers of board

 A conciliation commissioner or a conciliation board

  • (a) may determine their own procedure;

  • (b) has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and

  • (c) may authorize any person to do anything described in paragraph 16(b) or (f) that the conciliation commissioner or conciliation board may do and to report to the conciliation commissioner or conciliation board thereon.

  • R.S., 1985, c. L-2, s. 84;
  • 1999, c. 31, s. 156.
Marginal note:Sittings
  •  (1) The chairperson of a conciliation board shall

    • (a) after consultation with the other members of the board, fix the time and place of sittings of the conciliation board;

    • (b) notify the parties to the dispute of the time and place so fixed; and

    • (c) at the conclusion of the sittings of the conciliation board, send to the Minister a detailed certified statement as to those sittings and as to the members of the conciliation board and witnesses present at each sitting.

  • Marginal note:Quorum

    (2) The chairperson and one other member of a conciliation board constitute a quorum but, in the absence of any member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

  • Marginal note:Substitute member

    (3) Where a person ceases to be a member of a conciliation board before the board has completed its work, another member shall be nominated and appointed in their place in accordance with section 82.

  • R.S., 1985, c. L-2, s. 85;
  • 1998, c. 26, s. 59(E);
  • 1999, c. 31, s. 162(E).
Marginal note:Proceedings prohibited

 No order shall be made, process entered or proceeding taken in any court

  • (a) to question the appointment of, or refusal to appoint, a conciliation officer or conciliation commissioner, or the establishment of, or the refusal to establish, a conciliation board; or

  • (b) to review, prohibit or restrain any proceeding of a conciliation officer, conciliation commissioner or conciliation board.

  • R.S., 1985, c. L-2, s. 86;
  • 1998, c. 26, s. 36.
 
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