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

Act current to 2017-05-11 and last amended on 2017-05-04. Previous Versions

Offences and Punishment

Marginal note:Lockout contrary to this Part
  •  (1) Every employer who declares or causes a lockout contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars for each day that the lockout continues.

  • Marginal note:Idem

    (2) Every person who, on behalf of an employer, declares or causes a lockout contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

  • Marginal note:Strike contrary to this Part

    (3) Every trade union that declares or authorizes a strike contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars for each day that the strike continues.

  • Marginal note:Idem

    (4) Every officer or representative of a trade union who declares or authorizes a strike contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

  • 1972, c. 18, s. 1.
Marginal note:General offences by persons
  •  (1) Subject to section 100, every person other than an employer or a trade union who contravenes or fails to comply with any provision of this Part other than section 50, 94 or 95 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

  • Marginal note:General offences by employers or trade unions

    (2) Subject to section 100, every employer or trade union who or that contravenes or fails to comply with any provision of this Part other than section 50, 94 or 95 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

  • 1972, c. 18, s. 1.
Marginal note:Further offences

 Every person who

  • (a) being required to attend to give evidence pursuant to paragraph 16(a), fails, without valid excuse, to attend accordingly,

  • (b) being commanded to produce, pursuant to paragraph 16(a), any document or thing in their possession or under their control, fails to produce the document or thing,

  • (c) refuses to be sworn or to affirm, as the case may be, after being required to do so pursuant to paragraph 16(a), or

  • (d) refuses to answer any proper question put to them, pursuant to paragraph 16(a), by the Board, a conciliation board, a conciliation commissioner, an arbitrator or an arbitration board,

is guilty of an offence and liable on summary conviction to a fine not exceeding four hundred dollars.

  • R.S., 1985, c. L-2, s. 102;
  • 1999, c. 31, ss. 159(E), 162(E).
Marginal note:Prosecution of employers’ organizations, trade unions and councils of trade unions
  •  (1) A prosecution for an offence under this Part may be brought against and in the name of an employers’ organization, a trade union or a council of trade unions.

  • Marginal note:Idem

    (2) For the purpose of a prosecution under subsection (1),

    • (a) an employers’ organization, trade union or council of trade unions shall be deemed to be a person; and

    • (b) any act or thing done or omitted to be done by an officer or agent of an employers’ organization, trade union or council of trade unions within the scope of their authority to act on behalf of the employers’ organization, trade union or council of trade unions shall be deemed to be an act or thing done or omitted to be done by the employers’ organization, trade union or council of trade unions.

  • R.S., 1985, c. L-2, s. 103;
  • 1999, c. 31, s. 162(E).
Marginal note:Consent of Board before prosecution

 Except with the consent in writing of the Board, no prosecution shall be instituted in respect of an offence under this Part.

  • 1972, c. 18, s. 1;
  • 1977-78, c. 27, s. 69.

DIVISION VIIGeneral

Promotion of Industrial Peace

Marginal note:Round-table meetings

 The Minister shall meet from time to time with a group consisting of the experts in industrial relations, and representatives of employers and of trade unions, that the Minister considers advisable for the purpose of discussing industrial relations issues.

  • 1998, c. 26, s. 47.
Marginal note:Mediators
  •  (1) The Minister, on request or on the Minister’s own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference.

  • Marginal note:Recommendations

    (2) At the request of the parties or the Minister, a mediator appointed pursuant to subsection (1) may make recommendations for settlement of the dispute or the difference.

  • R.S., 1985, c. L-2, s. 105;
  • 1998, c. 26, s. 48;
  • 1999, c. 31, s. 160(E);
  • 2000, c. 20, s. 24(E).
Marginal note:Inquiries regarding industrial matters

 The Minister, on application or on the Minister’s own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may affect industrial relations.

  • R.S., 1985, c. L-2, s. 106;
  • 1999, c. 31, s. 160(E).
Marginal note:Additional powers

 The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary.

  • R.S., 1985, c. L-2, s. 107;
  • 1999, c. 31, s. 160(E).
Marginal note:Industrial Inquiry Commission
  •  (1) Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an Industrial Inquiry Commission and to which the Minister shall refer the matter under consideration for investigation and report to the Minister.

  • Marginal note:Idem

    (2) Where a matter under consideration is referred, pursuant to subsection (1), to an Industrial Inquiry Commission, the Minister shall

    • (a) furnish the Commission with a statement of the matter; and

    • (b) where the inquiry will involve any particular person or organization, inform the person or organization of the appointment.

  • Marginal note:Composition of Commission

    (3) An Industrial Inquiry Commission shall consist of one or more members to be appointed by the Minister.

  • Marginal note:Functions of Commission

    (4) Forthwith on its appointment, an Industrial Inquiry Commission

    • (a) shall inquire into the matters referred to it by the Minister and endeavour to carry out its terms of reference; and

    • (b) where the Commission is inquiring into a dispute or difference between any employer and employees and a settlement of the dispute or difference is not effected during the inquiry, shall make its report and recommendations to the Minister within fourteen days after its appointment or within such longer period as the Minister may allow.

  • Marginal note:Distribution and publication of report

    (5) On receipt of a report of an Industrial Inquiry Commission relating to any dispute or difference between any employer and employees, the Minister shall

    • (a) furnish a copy of the report to each employer and trade union involved in the dispute or difference; and

    • (b) publish the report in such manner as the Minister considers advisable.

  • Marginal note:Powers of Commission

    (6) An Industrial Inquiry Commission has all of the powers of a person appointed as a Commissioner under Part I of the Inquiries Act.

  • R.S., 1985, c. L-2, s. 108;
  • 1999, c. 31, s. 161(E).

Vote on Employer’s Offer

Marginal note:Minister may order vote to be held
  •  (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may

    • (a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and

    • (b) designate the Board, or any other person or body, to be in charge of conducting that vote.

  • Marginal note:No effect on time limits or periods

    (2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike.

  • Marginal note:Consequences of favourable vote

    (3) Where the majority of the employees participating in the vote accept the employer’s last offer,

    • (a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and

    • (b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith.

  • Marginal note:Powers respecting vote

    (4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.

  • 1993, c. 42, s. 2.
 
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