An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act (S.C. 2017, c. 12)
Full Document:
- HTMLFull Document: An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act [236 KB]
Assented to 2017-06-19
An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
S.C. 2017, c. 12
Assented to 2017-06-19
An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
SUMMARY
This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. L-2Canada Labour Code
Marginal note:2014, c. 40, s. 2
1 Section 28 of the Canada Labour Code is replaced by the following:
Marginal note:Duty to certify trade union
28 The Board shall, subject to this Part, certify a trade union as the bargaining agent for a bargaining unit if the Board
(a) has received from the trade union an application for certification as the bargaining agent for a unit;
(b) has determined the unit that constitutes a unit appropriate for collective bargaining; and
(c) is satisfied that, as of the date of the filing of the application or of any other date that the Board considers appropriate, a majority of the employees in the unit wish to have the trade union represent them as their bargaining agent.
2 (1) Section 29 of the Act is amended by adding the following before subsection (1.1):
Marginal note:Representation vote
29 (1) The Board may, in any case, for the purpose of satisfying itself as to whether employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a representation vote be taken among the employees in the unit.
(2) Section 29 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Mandatory vote
(2) If a trade union applies for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, and the Board is satisfied that not less than 35% and not more than 50% of the employees in the unit are members of the trade union, the Board shall order that a representation vote be taken among the employees in the unit.
Marginal note:2014, c. 40, s. 4(1)
3 (1) Subsection 38(1) of the Act is replaced by the following:
Marginal note:Application for revocation of certification
38 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union.
Marginal note:2014, c. 40, s. 4(2)
(2) Subsection 38(3) of the Act is replaced by the following:
Marginal note:Application for order that bargaining agent not entitled to represent bargaining unit
(3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit.
Marginal note:2014, c. 40, s. 5
4 Section 39 of the Act is replaced by the following:
Marginal note:Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit
39 (1) If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after any inquiry by way of a representation vote or otherwise that the Board considers appropriate in the circumstances, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, the Board shall, subject to subsection (2), by order,
(a) in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or
(b) in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit.
Marginal note:Limitation
(2) If no collective agreement applicable to a bargaining unit is in force, an order shall not be made under paragraph (1)(a) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit.
R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
Marginal note:2014, c. 40, s. 6
5 Section 25 of the Parliamentary Employment and Staff Relations Act is replaced by the following:
Marginal note:Certification of employee organization as bargaining unit
25 The Board shall, subject to this Part, certify an employee organization as bargaining agent for the employees in a bargaining unit if the Board
(a) has received from the employee organization an application for certification as the bargaining agent for the bargaining unit in accordance with this Part;
(b) has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23;
(c) is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent; and
(d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.
Marginal note:2014, c. 40, s. 7(1)
6 (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of Board in relation to certification
26 (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may
(2) Section 26 of the Act is amended by adding the following after subsection (1):
Marginal note:Representation vote directed to be taken
(2) For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit.
Marginal note:2014, c. 40, s. 7(3)
(3) The portion of subsection 26(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Arrangements to be made for representation vote
(3) If, under subsection (2), the Board directs that a representation vote be taken, the Board shall
Marginal note:2014, c. 40, s. 8(1)
7 (1) Subsection 29(1) of the Act is replaced by the following:
Marginal note:Application for declaration that employee organization no longer represents employees
29 (1) If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.
Marginal note:2014, c. 40, s. 8(2)
(2) Subsections 29(3) to (5) of the Act are replaced by the following:
Marginal note:If no collective agreement or award in force
(3) If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, at any time after the 12-month period following the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.
Marginal note:Taking of representation vote
(4) On an application under subsection (1) or (3), the Board in its sole discretion may direct the taking of a representation vote to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit, and in relation to the taking of such a vote the provisions of subsection 26(3) apply.
Marginal note:Revocation of certification of employee organization
(5) After hearing any application under subsection (1) or (3), the Board shall revoke the certification of an employee organization as bargaining agent for a bargaining unit if the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization.
- Date modified: