Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-01. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IICanada Industrial Relations Board (continued)

Powers and Duties (continued)

Marginal note:Application of orders

 Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any particular case or class of cases.

  • R.S., 1985, c. L-2, s. 19
  • 2017, c. 20, s. 330

Marginal note:Interim orders

 The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the objectives of this Act.

  • 1998, c. 26, s. 8
  • 2017, c. 20, s. 330

Marginal note:Interim decision

  •  (1) Where, in order to dispose finally of an application or complaint, it is necessary for the Board to determine two or more issues arising therefrom, the Board may, if it is satisfied that it can do so without prejudice to the rights of any party to the proceeding, issue a decision resolving only one or some of those issues and reserve its jurisdiction to dispose of the remaining issues.

  • Marginal note:Decision final

    (2) A decision referred to in subsection (1) is, except as stipulated by the Board, final.

  • Marginal note:Definition of decision

    (3) In this section, decision includes an order, a direction, a determination and a declaration.

  • R.S., 1985, c. L-2, s. 20
  • 2017, c. 20, s. 331

Marginal note:Exercise of powers, duties and functions

 The Board shall exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or that may be incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with the provisions of this Act, with any regulation made under this Act or with any decision made in respect of a matter before the Board.

  • R.S., 1985, c. L-2, s. 21
  • 2017, c. 20, s. 332

Review and Enforcement of Orders

Marginal note:Order and decision final

  •  (1) Subject to this Part, every order or decision made by the Board under this Part is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

  • Marginal note:Standing of Board

    (1.1) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures.

  • Marginal note:No review by certiorari, etc.

    (2) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part shall

    • (a) be questioned, reviewed, prohibited or restrained, or

    • (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise,

    on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction.

  • R.S., 1985, c. L-2, s. 22
  • 1990, c. 8, s. 56
  • 1998, c. 26, s. 9
  • 2002, c. 8, s. 182
  • 2017, c. 20, s. 333

Marginal note:Filing in Federal Court

  •  (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the Federal Court, unless, in the opinion of the Board,

    • (a) there is no indication of failure or likelihood of failure to comply with the order or decision; or

    • (b) there is other good reason why the filing of the order or decision in the Federal Court would serve no useful purpose.

  • Marginal note:Registration of order and proceedings thereon

    (2) Where the Board files a copy of any order or decision in the Federal Court pursuant to subsection (1), it shall specify in writing to the Court that the copy of the order or decision is filed pursuant to that subsection and, where the Board so specifies, the copy of the order or decision shall be accepted for filing by, and registered in, the Court without further application or other proceeding.

  • Marginal note:Effect of registration of order or decision

    (3) When a copy of any order or decision of the Board is registered pursuant to subsection (2), the order or decision has the same force and effect as a judgment obtained in the Federal Court and, subject to this section and the Federal Courts Act, all proceedings may be taken thereon by any person or organization affected thereby as if the order or decision were a judgment of that Court.

  • R.S., 1985, c. L-2, s. 23
  • 1990, c. 8, s. 57
  • 2002, c. 8, s. 182
  • 2017, c. 20, s. 334

Marginal note:Filing in provincial superior court

 The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the superior court of a province. Section 23 applies, with any modifications that the circumstances require, to an order or decision filed in such a superior court.

  • 1998, c. 26, s. 10
  • 2017, c. 20, s. 335

DIVISION IIIAcquisition and Termination of Bargaining Rights

Application for Certification

Marginal note:Application for certification

  •  (1) A trade union seeking to be certified as the bargaining agent for a unit that the trade union considers constitutes a unit appropriate for collective bargaining may, subject to this section and any regulations made by the Board under paragraph 15(e), apply to the Board for certification as the bargaining agent for the unit.

  • Marginal note:Time of application

    (2) Subject to subsection (3), an application by a trade union for certification as the bargaining agent for a unit may be made

    • (a) where no collective agreement applicable to the unit is in force and no trade union has been certified under this Part as the bargaining agent for the unit, at any time;

    • (b) where no collective agreement applicable to the unit is in force but a trade union has been certified under this Part as the bargaining agent for the unit, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at any earlier time;

    • (c) where a collective agreement applicable to the unit is in force and is for a term of not more than three years, only after the commencement of the last three months of its operation; and

    • (d) where a collective agreement applicable to the unit is in force and is for a term of more than three years, only after the commencement of the thirty-fourth month of its operation and before the commencement of the thirty-seventh month of its operation and, thereafter, only

      • (i) during the three month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation, and

      • (ii) after the commencement of the last three months of its operation.

  • Marginal note:No application during strike or lockout

    (3) An application for certification under subsection (2) in respect of a unit must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by this Part and that involves employees in the unit.

  • Marginal note:Terms or conditions of employment not to be changed

    (4) Where an application by a trade union for certification as the bargaining agent for a unit is made in accordance with this section, no employer of employees in the unit shall, after notification that the application has been made, alter the rates of pay, any other term or condition of employment or any right or privilege of such employees until

    • (a) the application has been withdrawn by the trade union or dismissed by the Board, or

    • (b) thirty days have elapsed after the day on which the Board certifies the trade union as the bargaining agent for the unit,

    except pursuant to a collective agreement or with the consent of the Board.

  • R.S., 1985, c. L-2, s. 24
  • 1993, c. 42, s. 1(F)
  • 1998, c. 26, s. 11

Marginal note:Exception

 A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an application for certification at any time, in respect of the unit to which the collective agreement applies or substantially the same unit.

  • 1998, c. 26, s. 12
 
Date modified: