PART IIndustrial Relations (continued)
DIVISION VIIGeneral (continued)
Access to Employees
Marginal note:Application for access order
109 (1) Where the Board receives from a trade union an application for an order granting an authorized representative of the trade union access to employees living in an isolated location on premises owned or controlled by their employer or by any other person, the Board may make an order granting the authorized representative of the trade union designated in the order access to the employees on the premises of their employer or such other person, as the case may be, that are designated in the order if the Board determines that access to the employees
(a) would be impracticable unless permitted on premises owned or controlled by their employer or by such other person; and
(b) is reasonably required for purposes relating to soliciting union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a union service to employees.
Marginal note:Content of order
(2) The Board shall, in every order made under subsection (1), specify the method of access to the employees, the times at which access is permitted and the periods of its duration.
- 1972, c. 18, s. 1;
- 1977-78, c. 27, s. 69.1.
Marginal note:Communication with off-site workers
109.1 (1) On application by a trade union, the Board may, by order, require an employer to give an authorized representative of the trade union mentioned in the order, or the Board, or both, the names and addresses of employees whose normal workplace is not on premises owned or controlled by their employer and authorize the trade union to communicate with those employees, by electronic means or otherwise, if the Board is of the opinion that such communication is required for purposes relating to soliciting trade union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a trade union service to employees.
Marginal note:Contents of order
(2) An order made under subsection (1)
(a) must specify the method of communication, the times of day and the periods during which the communication is authorized, and the conditions that must be met in order to ensure the protection of the privacy and the safety of affected employees and to prevent the abusive use of information; and
(b) may include a requirement that the employer, in accordance with any terms and conditions that the Board establishes, transmit the information that the union wishes to communicate to the employees by means of any electronic communications system that the employer uses to communicate with the employees.
Marginal note:Board transmission
(3) If the Board is of the opinion that the privacy and safety of affected employees cannot otherwise be protected, the Board may
(a) provide each employee with the opportunity to refuse the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee does not so refuse, may transmit that name and address to the authorized representative; or
(b) transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate.
Marginal note:Protection of names and addresses
(4) The names and addresses of employees provided under subsection (1) shall not be used unless it is for a purpose consistent with this section.
- 1998, c. 26, s. 50.
Access to Financial Statements
Marginal note:Financial statement of trade union and employers’ organization
110 (1) Every trade union and every employers’ organization shall, forthwith on the request of any of its members, provide the member, free of charge, with a copy of a financial statement of its affairs to the end of the last fiscal year, certified to be a true copy by its president and treasurer or by its president and any other officer responsible for the handling and administration of its funds.
(2) Any financial statement provided under subsection (1) shall contain information in sufficient detail to disclose accurately the financial condition and operations of the trade union or employers’ organization for the fiscal year for which it was prepared.
Marginal note:Complaint to Board where failure to provide financial statement
(3) The Board, on the complaint of any member of a trade union or employers’ organization that it has failed to comply with subsection (1), may make an order requiring the trade union or employers’ organization to file with the Board, within the time set out in the order, a statement in such form and with such particulars as the Board may determine.
Marginal note:Order of the Board
(4) The Board may make an order requiring a trade union or employers’ organization to provide a copy of a statement filed under subsection (3) to such members of the trade union or employers’ organization as the Board in its discretion directs.
- 1977-78, c. 27, s. 70;
- 1980-81-82-83, c. 47, s. 53(F);
- 1984, c. 40, s. 79(F).
111 The Governor in Council may make regulations
(a) prescribing to or by whom and in what manner any notice, request or report that may be given or made to or received by the Minister shall be given, made or received;
(b) prescribing in what form and manner any notice or report that is authorized or required to be given or sent by the Minister, a conciliation commissioner, a conciliation board or an Industrial Inquiry Commission shall be given or sent and what shall constitute sufficient service of such notice or report on the person to whom it is given or sent;
(c) designating, with respect to any notice or request authorized or required to be given or sent by the Minister, the officer who may give or send the notice or request on behalf of the Minister;
(d) prescribing the form and content of a notice to commence collective bargaining;
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information that is to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information that is to be furnished with such a notice;
(g) and (h) [Repealed, 1998, c. 26, s. 51]
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information that is to be furnished with such a request;
(j) prescribing the manner in which and the time within which a copy of an order or decision referred to in section 59 shall be filed with the Minister;
(k) prescribing the circumstances in which copies of orders and decisions filed with the Minister pursuant to section 59 may be examined by members of the public and the fees, if any, to be charged for providing copies thereof; and
(l) prescribing the manner in which a report of a conciliation commissioner or a conciliation board may be released by the Minister to the parties to a dispute pursuant to paragraph 77(a).
- R.S., 1985, c. L-2, s. 111;
- 1998, c. 26, s. 51.
111.1 The Minister may delegate to the head of the Federal Mediation and Conciliation Service his or her powers of appointment under this Act.
- 1998, c. 26, s. 52.
Marginal note:Documents as evidence
112 (1) Any document purporting to contain or to be a copy of any order or decision of the Board and purporting to be signed by a member of the Board is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the document and without further proof thereof.
Marginal note:Certificate of Minister is evidence
(2) A certificate purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service stating that a report, request or notice was or was not received or given by the Minister pursuant to this Part and, if so received or given, stating the date on which it was so received or given, is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof thereof.
- R.S., 1985, c. L-2, s. 112;
- 1998, c. 26, s. 53.
Marginal note:Late report not invalid
113 The failure of a conciliation officer, conciliation commissioner or conciliation board to report to the Minister within a period limited by this Part does not invalidate the proceeding or terminate the authority of the conciliation officer, conciliation commissioner or conciliation board.
- 1972, c. 18, s. 1.
Marginal note:Defect in form or irregularity
114 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity.
- 1972, c. 18, s. 1.
Marginal note:Collective agreement to be filed
115 Each party to a collective agreement shall, forthwith on its execution, file one copy of the collective agreement with the Minister.
- 1972, c. 18, s. 1.
- Date modified: