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

Marginal note:Federal Mediation and Conciliation Service

• 70.1 (1) The Federal Mediation and Conciliation Service, the employees of which are employees of the Department of Human Resources and Skills 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.

Marginal note:Notice of dispute

• 71. (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.

Marginal note:Options of Minister

• 72. (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.