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

Marginal note:Right to strike or lockout limited during period between Parliaments

• 90 (1) Where a strike or lockout not prohibited by this Part occurs or may occur during the time commencing on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, adversely affects or would adversely affect the national interest, the Governor in Council may during that time make an order deferring the strike or lockout during the period commencing on the day the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

• Marginal note:Minister’s report

  (2) Where the Governor in Council makes an order pursuant to subsection (1) during the time mentioned in that subsection, the Minister shall, on any of the first ten sitting days of the first session of Parliament next following that time, lay before Parliament a report stating the reasons for the making of the order.

Declarations Relating to Strikes and Lockouts

Marginal note:Employer may apply for declaration that strike unlawful

• 91 (1) Where an employer alleges that a trade union has declared or authorized a strike, or that employees have participated, are participating or are likely to participate in a strike, the effect of which was, is or would be to involve the participation of an employee in a strike in contravention of this Part, the employer may apply to the Board for a declaration that the strike was, is or would be unlawful.

• Marginal note:Declaration that strike unlawful and strike prohibited

  (2) Where an employer applies to the Board under subsection (1) for a declaration that a strike was, is or would be unlawful, the Board may, after affording the trade union or employees referred to in subsection (1) an opportunity to make representations on the application, make such a declaration and, if the employer so requests, may make an order

  • (a) requiring the trade union to revoke the declaration or authorization to strike and to give notice of such revocation forthwith to the employees to whom it was directed;

  • (b) enjoining any employee from participating in the strike;

  • (c) requiring any employee who is participating in the strike to perform the duties of their employment; and

  • (d) requiring any trade union, of which any employee with respect to whom an order is made under paragraph (b) or (c) is a member, and any officer or representative of that union, forthwith to give notice of any order made under paragraph (b) or (c) to any employee to whom it applies.

Marginal note:Declaration that lockout unlawful and prohibition of lockout

92 Where a trade union alleges that an employer has declared or caused or is about to declare or cause a lockout of employees in contravention of this Part, the trade union may apply to the Board for a declaration that the lockout was, is or would be unlawful and the Board may, after affording the employer an opportunity to make representations on the application, make such a declaration and, if the trade union so requests, may make an order

• (a) enjoining the employer or any person acting on behalf of the employer from declaring or causing the lockout;

• (b) requiring the employer or any person acting on behalf of the employer to discontinue the lockout and to permit any employee of the employer who was affected by the lockout to return to the duties of their employment; and

• (c) requiring the employer forthwith to give notice of any order made against the employer under paragraph (a) or (b) to any employee who was affected, or would likely have been affected, by the lockout.

Marginal note:Terms and duration of order

• 93 (1) An order made under section 91 or 92

  • (a) shall be in such terms as the Board considers necessary and sufficient to meet the circumstances of the case; and

  • (b) subject to subsection (2), shall have effect for such time as is specified in the order.

• Marginal note:Application for supplementary order

  (2) Where the Board makes an order under section 91 or 92, the Board may, from time to time on application by the employer or trade union that requested the order or any employer, trade union, employee or other person affected thereby, notice of which application has been given to the parties named in the order, by supplementary order,

  • (a) continue the order, with or without modification, for such period as is stated in the supplementary order; or

  • (b) revoke the order.

Unfair Practices

Marginal note:Employer interference in trade union

• 94 (1) No employer or person acting on behalf of an employer shall

  • (a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or

  • (b) contribute financial or other support to a trade union.

• Marginal note:Exception

  (2) An employer is deemed not to contravene subsection (1) by reason only that they

  • (a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,

    • (i) permit an employee or representative of the trade union to confer with them during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer,

    • (ii) provide free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or

    • (iii) permit the trade union to use their premises for the purposes of the trade union;

  • (b) contribute financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees; or

  • (c) express a personal point of view, so long as the employer does not use coercion, intimidation, threats, promises or undue influence.

• Marginal note:Prohibition relating to replacement workers

  (2.1) No employer or person acting on behalf of an employer shall use, for the demonstrated purpose of undermining a trade union’s representational capacity rather than the pursuit of legitimate bargaining objectives, the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.

• Marginal note:Prohibitions relating to employers

  (3) No employer or person acting on behalf of an employer shall

  • (a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person

    • (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union,

    • (ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union,

    • (iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,

    • (iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part,

    • (v) has made an application or filed a complaint under this Part, or

    • (vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part;

  • (b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any right conferred on them by this Part;

  • (c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of their refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that is not prohibited by this Part;

  • (d) deny to any employee any pension rights or benefits to which the employee would be entitled but for

    • (i) the cessation of work by the employee as the result of a lockout or strike that is not prohibited by this Part, or

    • (ii) the dismissal of the employee contrary to this Part;

  • (d.1) where the requirements of paragraphs 89(1)(a) to (d) have been met, cancel or threaten to cancel a medical, dental, disability, life or other insurance plan, whether administered by the employer or otherwise, that benefits employees, so long as the bargaining agent tenders or attempts to tender to the employer payments or premiums sufficient to continue the plan;

  • (d.2) where the requirements of paragraphs 89(1)(a) to (d) have been met and the bargaining agent has tendered or attempted to tender to the employer payments or premiums sufficient to continue an insurance plan referred to in paragraph (d.1), deny or threaten to deny to any employee any benefits under the plan to which the employee was entitled before those requirements were met;

  • (e) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of a trade union or to refrain from

    • (i) testifying or otherwise participating in a proceeding under this Part,

    • (ii) making a disclosure that the person may be required to make in a proceeding under this Part, or

    • (iii) making an application or filing a complaint under this Part;

  • (f) suspend, discharge or impose any financial or other penalty on a person employed by them, or take any other disciplinary action against such a person, by reason of that person having refused to perform an act that is prohibited by this Part; or

  • (g) bargain collectively for the purpose of entering into a collective agreement or enter into a collective agreement with a trade union in respect of a bargaining unit, if another trade union is the bargaining agent for that bargaining unit.

Marginal note:Prohibitions relating to trade unions

95 No trade union or person acting on behalf of a trade union shall

• (a) seek to compel an employer to bargain collectively with the trade union if the trade union is not the bargaining agent for a bargaining unit that includes employees of the employer;

• (b) bargain collectively for the purpose of entering into a collective agreement or enter into a collective agreement with an employer in respect of a bargaining unit, if that trade union or person knows or, in the opinion of the Board, ought to know that another trade union is the bargaining agent for that bargaining unit;

• (c) participate in or interfere with the formation or administration of an employers’ organization;

• (d) except with the consent of the employer of an employee, attempt, at an employee’s place of employment during the working hours of the employee, to persuade the employee to become, to refrain from becoming or to cease to be a member of a trade union;

• (e) require an employer to terminate the employment of an employee because the employee has been expelled or suspended from membership in the trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union;

• (f) expel or suspend an employee from membership in the trade union or deny membership in the trade union to an employee by applying to the employee in a discriminatory manner the membership rules of the trade union;

• (g) take disciplinary action against or impose any form of penalty on an employee by applying to that employee in a discriminatory manner the standards of discipline of the trade union;

• (h) expel or suspend an employee from membership in the trade union or take disciplinary action against or impose any form of penalty on an employee by reason of that employee having refused to perform an act that is contrary to this Part; or

• (i) discriminate against a person with respect to employment, a term or condition of employment or membership in a trade union, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person

  • (i) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,

  • (ii) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part, or

  • (iii) has made an application or filed a complaint under this Part.

Marginal note:General prohibition

96 No person shall seek by intimidation or coercion to compel a person to become or refrain from becoming or to cease to be a member of a trade union.

Marginal note:Prohibition

96.1 An employer is prohibited from treating an employee as if they were not their employee.

Marginal note:Complaints to the Board

• 97 (1) Subject to subsections (2) to (5), any person or organization may make a complaint in writing to the Board that

  • (a) an employer, a person acting on behalf of an employer, a trade union, a person acting on behalf of a trade union or an employee has contravened or failed to comply with subsection 24(4) or 34(6) or section 37, 47.3, 50, 69, 87.5 or 87.6, subsection 87.7(2) or section 94, 95 or 96.1; or

  • (b) any person has failed to comply with section 96.

• Marginal note:Time for making complaint

  (2) Subject to subsections (4) and (5), a complaint pursuant to subsection (1) must be made to the Board not later than ninety days after the date on which the complainant knew, or in the opinion of the Board ought to have known, of the action or circumstances giving rise to the complaint.

• (3) [Repealed, 1998, c. 26, s. 43]

• Marginal note:Limitation on complaints against trade unions

  (4) Subject to subsection (5), no complaint shall be made to the Board under subsection (1) on the ground that a trade union or any person acting on behalf of a trade union has failed to comply with paragraph 95(f) or (g) unless

  • (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the trade union and to which the complainant has been given ready access;

  • (b) the trade union

    • (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or

    • (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal pursuant to paragraph (a), dealt with the grievance or appeal; and

  • (c) the complaint is made to the Board not later than ninety days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint.

• Marginal note:Exception

  (5) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by a trade union to comply with paragraph 95(f) or (g) that has not been presented as a grievance or appeal to the trade union, if the Board is satisfied that

  • (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or

  • (b) the trade union has not given the complainant ready access to a grievance or appeal procedure.