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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Certification

 The Board may certify a trade union despite a lack of evidence of majority support if

  • (a) the employer has failed to comply with section 94; and

  • (b) the Board is of the opinion that, but for the unfair labour practice, the trade union could reasonably have been expected to have had the support of a majority of the employees in the unit.

  • 1998, c. 26, s. 46.

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).