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

Act current to 2015-11-16 and last amended on 2015-09-14. Previous Versions

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.