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

Act current to 2012-05-14 and last amended on 2010-01-01. Previous Versions

Marginal note:Notice of technological change

  • 52. (1) An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant number of the employer’s employees to whom the collective agreement applies shall give notice of the technological change to the bargaining agent bound by the collective agreement at least one hundred and twenty days prior to the date on which the technological change is to be effected.

  • Marginal note:Contents of notice

    (2) The notice referred to in subsection (1) shall be in writing and shall state

    • (a) the nature of the technological change;

    • (b) the date on which the employer proposes to effect the technological change;

    • (c) the approximate number and type of employees likely to be affected by the technological change;

    • (d) the effect that the technological change is likely to have on the terms and conditions or security of employment of the employees affected; and

    • (e) such other information as is required by the regulations made pursuant to subsection (4).

  • Marginal note:Details of proposed change

    (3) An employer who has given notice under subsection (1) to a bargaining agent shall, on request from the bargaining agent, provide the bargaining agent with a statement in writing setting out

    • (a) a detailed description of the nature of the proposed technological change;

    • (b) the names of the employees who will initially be likely to be affected by the proposed technological change; and

    • (c) the rationale for the change.

  • Marginal note:Regulations of Governor in Council

    (4) The Governor in Council, on the recommendation of the Board, may make regulations

    • (a) specifying the number of employees or the method of determining the number of employees that shall, in respect of any federal work, undertaking or business, be deemed to be “significant” for the purposes of subsections (1) and 54(2); and

    • (b) requiring any information in addition to the information required by subsection (2) to be included in a notice of technological change.

  • R.S., 1985, c. L-2, s. 52;
  • 1999, c. 31, s. 152(E).
Marginal note:Application for order respecting technological change

  • 53. (1) Where a bargaining agent alleges that sections 52, 54 and 55 apply to an employer in respect of an alleged technological change and that the employer has failed to comply with section 52, the bargaining agent may, not later than thirty days after the bargaining agent became aware, or in the opinion of the Board ought to have become aware, of the failure of the employer to comply with section 52, apply to the Board for an order determining the matters so alleged.

  • Marginal note:Order respecting technological change

    (2) On receipt of an application for an order determining the matters alleged under subsection (1) and after affording an opportunity for the parties to make representations, the Board may, by order,

    • (a) determine that sections 52, 54 and 55 do not apply to the employer in respect of the alleged technological change; or

    • (b) determine that sections 52, 54 and 55 apply to the employer in respect of the alleged technological change and that the employer has failed to comply with section 52 in respect of the technological change.

  • Marginal note:Idem

    (3) The Board may, in any order made under paragraph (2)(b), or by order made after consultation with the parties pending the making of any order under subsection (2),

    • (a) direct the employer not to proceed with the technological change or alleged technological change for such period, not in excess of one hundred and twenty days, as the Board considers appropriate;

    • (b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and

    • (c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of their displacement.

  • Marginal note:Order deemed notice

    (4) An order of the Board made under paragraph (2)(b) in respect of an employer is deemed to be a notice of technological change given by the employer pursuant to section 52, and the Board shall concurrently, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection 54(1).

  • R.S., 1985, c. L-2, s. 53;
  • 1998, c. 26, s. 26;
  • 1999, c. 31, s. 162(E).