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

Act current to 2013-05-26 and last amended on 2013-01-01. Previous Versions

Marginal note:Collective agreement may contain certain provisions

68. Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision

  • (a) requiring, as a condition of employment, membership in a specified trade union; or

  • (b) granting a preference of employment to members of a specified trade union.

  • R.S., c. L-1, s. 161;
  • 1972, c. 18, s. 1.

Definition of “referral”

  • 69. (1) In this section, “referral” includes assignment, designation, dispatching, scheduling and selection.

  • Marginal note:Operation of hiring halls

    (2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination.

  • Marginal note:Posting of rules

    (3) Rules applied by a trade union pursuant to subsection (2) shall be kept posted in a conspicuous place in every area of premises occupied by the trade union in which persons seeking referral normally gather.

  • 1977-78, c. 27, s. 58;
  • 1980-81-82-83, c. 47, s. 53(F).

Compulsory Check-Off

Marginal note:Union dues to be deducted

  • 70. (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;

    “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.

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