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)
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Assented to 2017-06-19
2003, c. 22, s. 2Public Service Labour Relations Act
Marginal note:2014, c. 40, s. 9
8 Subsections 64(1) and (1.1) of the Public Service Labour Relations Act are replaced by the following:
Marginal note:Conditions for certification
64 (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied
(a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent;
(b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and
(c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.
9 Section 65 of the Act is amended by adding the following before subsection (2):
Marginal note:Representation vote
65 (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.
Marginal note:2014, c. 40, s. 11
10 Subsection 94(1) of the Act is replaced by the following:
Marginal note:When employee organization no longer represents employees
94 (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.
Marginal note:2014, c. 40, s. 12
11 Sections 95 and 96 of the Act are replaced by the following:
Marginal note:Taking of representation vote
95 After the application is made, the Board may order that a representation vote be taken 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. The provisions of subsection 65(2) apply in relation to the taking of the vote.
Marginal note:Revocation of certification
96 If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.
R.S., c. 1 (5th Supp.)Income Tax Act
12 Section 149.01 of the Income Tax Act is repealed.
13 Subsection 239(2.31) of the Act is repealed.
Transitional Provisions
Marginal note:Canada Labour Code — existing applications
14 If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.
Marginal note:Parliamentary Employment and Staff Relations Act — existing applications
15 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 5 comes into force, received an application for certification referred to in paragraph 25(2)(a) of the Parliamentary Employment and Staff Relations Act or an application for a declaration made under subsection 29(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.
Marginal note:Public Service Labour Relations Act — existing applications
16 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 8 comes into force, received an application for certification referred to in paragraph 64(1.1)(a) of the Public Service Labour Relations Act or an application for a declaration made under subsection 94(1) of that Act, and the application has not been finally disposed of before that coming into force, that applicationis to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.
Coming into Force
Marginal note:Third day after royal assent
17 This Act, other than sections 12 and 13, comes into force on the third day after the day on which it receives royal assent.
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