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

Full Document:  

Act current to 2019-03-27 and last amended on 2019-03-17. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION IXGroup Termination of Employment (continued)

Marginal note:Supplying of information

  •  (1) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with such personal information relating to any redundant employee as the committee may reasonably require for its work.

  • Marginal note:Inspector

    (2) An inspector may

    • (a) monitor and, on request, assist in the establishment and operation of a joint planning committee; and

    • (b) attend any sittings of a joint planning committee as an observer.

  • 1980-81-82-83, c. 89, s. 32.

Marginal note:Application to Minister for arbitrator

  •  (1) Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the employer agree to do so, those members may, after six weeks from the date of the notice to the Minister under section 212, apply jointly to the Minister for the appointment of an arbitrator if

    • (a) the committee has not then completed developing an adjustment program; or

    • (b) the committee has completed developing an adjustment program, but those members are not satisfied with the program or any part of the program.

  • Marginal note:Form and contents of application

    (2) An application under subsection (1) shall be in writing and signed by the members making the application and shall set out the matters, if any, in dispute respecting the adjustment program.

  • 1980-81-82-83, c. 89, s. 32.

Marginal note:Appointment of arbitrator

  •  (1) The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in dispute respecting the adjustment program.

  • Marginal note:The Minister shall notify and send a statement of matters in dispute

    (2) Where an arbitrator is appointed under subsection (1), the Minister shall forthwith

    • (a) notify, in writing, the joint planning committee of the decision to appoint an arbitrator and of the name of the arbitrator; and

    • (b) if the application under subsection 223(1) sets out matters in dispute respecting an adjustment program, send to the arbitrator and to the joint planning committee a statement setting out any matters in dispute respecting the adjustment program that the arbitrator is to resolve.

  • Marginal note:Restriction on matters included in statement

    (3) A statement referred to in subsection (2) shall be restricted to such of those matters set out in the application under subsection 223(1) as the Minister deems appropriate and as are normally the subject-matter of collective agreement in relation to termination of employment.

  • Marginal note:Duty of arbitrator

    (4) An arbitrator shall assist the joint planning committee in the development of an adjustment program and the arbitrator, if sent a statement pursuant to subsection (2), shall, within four weeks after receiving the statement or such longer period as the Minister may specify,

    • (a) consider the matters set out in the statement;

    • (b) render a decision thereon; and

    • (c) send a copy of the decision with the reasons therefor to the joint planning committee and to the Minister.

  • Marginal note:Restriction

    (5) An arbitrator may not

    • (a) review the decision of the employer to terminate the employment of the redundant employees; or

    • (b) delay the termination of employment of the redundant employees.

  • Marginal note:Powers of arbitrator

    (6) In relation to any proceeding before an arbitrator under this section, the arbitrator may

    • (a) determine the procedure to be followed;

    • (b) administer oaths and solemn affirmations;

    • (c) receive and accept such evidence and information on oath, affidavit or otherwise as the arbitrator sees fit, whether or not the evidence is admissible in a court of law;

    • (d) make such examination of documents containing personal information relating to any redundant employee and such inquiries relating to any redundant employee as the arbitrator deems necessary;

    • (e) require an employer to post and keep posted in appropriate places any notice that the arbitrator considers necessary to bring to the attention of any redundant employees any matter relating to the proceeding; and

    • (f) authorize any person to do anything described in paragraph (b) or (d) that the arbitrator may do and to report to the arbitrator thereon.

  • 1980-81-82-83, c. 89, s. 32.

Marginal note:Applicable provisions

 Sections 58 and 66 apply, with such modifications as the circumstances require, in respect of a decision of an arbitrator under section 224 as though it were a decision referred to in those sections.

  • 1980-81-82-83, c. 89, s. 32.

Marginal note:Implementation of adjustment program

 On completion of the development of an adjustment program, the employer shall implement the program and the joint planning committee and any trade union or redundant employees who appointed the members of the committee shall cooperate with and assist the employer in implementing the program.

  • 1980-81-82-83, c. 89, s. 32.

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) exempting employers from the application of this Division in respect of the termination of employment of employees employed on a seasonal or irregular basis;

  • (b) requiring employers employing employees in a particular occupational classification, in a particular industry or in an industrial establishment that is within an area or region described in the regulations, to comply with the provisions of this Division in respect of terminations of employment of groups of employees numbering less than fifty but greater than a number prescribed in the regulations;

  • (c) prescribing information to be set out in a notice referred to in subsection 212(1); and

  • (d) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer.

  • R.S., c. 17(2nd Supp.), s. 16.

Marginal note:Waiver of application of Division

 On the submission of any person, the Minister may, by order and subject to any terms or conditions specified in the order, waive the application of this Division, or any provision thereof, in respect of any industrial establishment or of any class of employees therein specified in the order if it is shown to the satisfaction of the Minister that the application of this Division, or any provision thereof, as the case may be, in respect of any industrial establishment

  • (a) would be or is unduly prejudicial to the interests of the employees therein or to any class of employees therein;

  • (b) would be or is unduly prejudicial to the interests of the employer of those employees;

  • (c) would be or is seriously detrimental to the operation of the industrial establishment; or

  • (d) is not necessary, because measures for the assistance of redundant employees at that establishment that are substantially the same or to the same effect as the measures established by this Division or that provision, as the case may be, have been established by collective agreement or otherwise.

  • R.S., c. 17(2nd Supp.), s. 16;
  • 1980-81-82-83, c. 89, s. 33.

Marginal note:Application of sections 214 to 226

  •  (1) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the trade union and the employer are bound by a collective agreement containing

    • (a) provisions that

      • (i) specify procedures by which any matters relating to the termination of employment in the industrial establishment at which those employees are employed may be negotiated and finally settled, or

      • (ii) are intended to minimize the impact of termination of employment on the employees represented by the trade union and to assist those employees in obtaining other employment; and

    • (b) provisions that specify that those sections do not apply in respect of the employees represented by the trade union.

  • Marginal note:Idem

    (2) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the termination of the employment of those employees is the result of technological change as defined in subsection 51(1) and sections 52, 54 and 55 apply or would, but for subsection 51(2), apply to the trade union and the employer.

  • 1980-81-82-83, c. 89, s. 33.
 
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