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

Full Document:  

Act current to 2021-11-17 and last amended on 2021-09-29. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IVCollective Bargaining and Collective Agreements (continued)

Content and Interpretation of Collective Agreements

Marginal note:Effect of collective agreement

 A collective agreement entered into between a bargaining agent and an employer in respect of a bargaining unit is, subject to and for the purposes of this Part, binding on the bargaining agent, every employee in the bargaining unit and the employer.

  • R.S., c. L-1, s. 154
  • 1972, c. 18, s. 1

Marginal note:Provision for final settlement without stoppage of work

  •  (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention.

  • Marginal note:Where arbitrator to be appointed

    (2) Where any difference arises between parties to a collective agreement that does not contain a provision for final settlement of the difference as required by subsection (1), the difference shall, notwithstanding any provision of the collective agreement, be submitted by the parties for final settlement

    • (a) to an arbitrator selected by the parties; or

    • (b) where the parties are unable to agree on the selection of an arbitrator and either party makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary.

  • Marginal note:Idem

    (3) Where any difference arises between parties to a collective agreement that contains a provision for final settlement of the difference by an arbitration board and either party fails to name its nominee to the board in accordance with the collective agreement, the difference shall, notwithstanding any provision in the collective agreement, be submitted by the parties for final settlement to an arbitrator in accordance with paragraphs (2)(a) and (b).

  • Marginal note:Request to Minister for appointment of arbitrator or arbitration board chairperson

    (4) Where a collective agreement provides for final settlement, without stoppage of work, of differences described in subsection (1) by an arbitrator or arbitration board and the parties or their nominees are unable to agree on the selection of an arbitrator or arbitration board chairperson, as the case may be, either party or its nominee may, notwithstanding anything in the collective agreement, make a written request to the Minister to appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Appointment by Minister

    (5) On receipt of a written request under subsection (4), the Minister shall, after such inquiry, if any, as the Minister considers necessary, appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Effect of appointment by Minister

    (6) Any person appointed or selected pursuant to subsection (2), (3) or (5) as an arbitrator or arbitration board chairperson shall be deemed, for all purposes of this Part, to have been appointed pursuant to the collective agreement between the parties.

  • R.S., 1985, c. L-2, s. 57
  • 1998, c. 26, s. 59(E)

Marginal note:Decisions not to be reviewed by court

  •  (1) Every order or decision of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of their proceedings under this Part.

  • Marginal note:Status

    (3) For the purposes of the Federal Courts Act, an arbitrator appointed pursuant to a collective agreement or an arbitration board is not a federal board, commission or other tribunal within the meaning of that Act.

  • R.S., 1985, c. L-2, s. 58
  • 1999, c. 31, s. 153(E)
  • 2002, c. 8, s. 182

Marginal note:Copy to be filed with Minister

 A copy of every order or decision of an arbitrator or arbitration board shall be filed with the Minister by the arbitrator or arbitration board chairperson and shall be available to the public in circumstances prescribed by the Governor in Council.

  • R.S., 1985, c. L-2, s. 59
  • 1998, c. 26, s. 59(E)

Marginal note:Powers of arbitrator, etc.

  •  (1) An arbitrator or arbitration board has

    • (a) the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1);

    • (a.1) the power to interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement;

    • (a.2) the power to make the interim orders that the arbitrator or arbitration board considers appropriate;

    • (a.3) the power to consider submissions provided in the form that the arbitrator or the arbitration board considers appropriate or to which the parties agree;

    • (a.4) the power to expedite proceedings and to prevent abuse of the arbitration process by making the orders or giving the directions that the arbitrator or arbitration board considers appropriate for those purposes; and

    • (b) power to determine any question as to whether a matter referred to the arbitrator or arbitration board is arbitrable.

  • Marginal note:Power to extend time

    (1.1) The arbitrator or arbitration board may extend the time for taking any step in the grievance process or arbitration procedure set out in a collective agreement, even after the expiration of the time, if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension.

  • Marginal note:Power to mediate

    (1.2) At any stage of a proceeding before an arbitrator or arbitration board, the arbitrator or arbitration board may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the arbitrator or arbitration board to continue the arbitration with respect to the issues that have not been resolved.

  • Marginal note:Idem

    (2) Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the arbitration, the arbitrator or arbitration board has power to substitute for the discharge or discipline such other penalty as to the arbitrator or arbitration board seems just and reasonable in the circumstances.

  • R.S., 1985, c. L-2, s. 60
  • 1998, c. 26, s. 27

Marginal note:Procedure

 An arbitrator or arbitration board shall determine their own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or arbitration board.

  • R.S., 1985, c. L-2, s. 61
  • 1999, c. 31, s. 154(E)

Marginal note:Decision of arbitration board

 Where a difference described in subsection 57(1) is submitted to an arbitration board, the decision of a majority of those comprising the board is the decision of the board, but if a majority of those comprising the board cannot agree on a decision, the decision of the chairperson of the board is the decision of the board.

  • R.S., 1985, c. L-2, s. 62
  • 1998, c. 26, s. 59(E)

Marginal note:Arbitration costs, fees and expenses

 Where a difference described in subsection 57(1) is submitted by the parties to an arbitrator or arbitration board, the costs, fees and expenses with respect to the arbitration proceedings shall, unless the collective agreement otherwise provides or the parties otherwise agree, be borne as follows:

  • (a) each party shall bear its own costs and shall pay the fees and expenses of any member of the arbitration board who is nominated by it; and

  • (b) the fees and expenses of an arbitrator or arbitration board chairperson, whether the arbitrator or chairperson is selected by the parties or their nominees or appointed by the Minister under this Part, shall be borne equally by the parties.

  • R.S., 1985, c. L-2, s. 63
  • 1998, c. 26, s. 59(E)

Marginal note:Order or decision within sixty days

  •  (1) Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, their appointment as arbitrator, and, in the case of an arbitration board, the appointment of the arbitration board chairperson, unless

    • (a) the collective agreement otherwise provides or the parties otherwise agree; or

    • (b) owing to circumstances beyond the control of the arbitrator or arbitration board, it is not practicable to make or give the order or decision within those sixty days.

  • Marginal note:Days not included

    (2) For the purposes of subsection (1), any day that is included in a period for which the arbitration proceedings are suspended pursuant to subsection 65(2) shall not be counted as one of the sixty days referred to in subsection (1).

  • Marginal note:Late order or decision not invalid

    (3) The failure of an arbitrator or arbitration board to make or give any order or decision within the sixty days referred to in subsection (1) does not affect the jurisdiction of the arbitrator or arbitration board to continue with and complete the arbitration proceedings and any order or decision made or given by the arbitrator or arbitration board after the expiration of those sixty days is not for that reason invalid.

  • R.S., 1985, c. L-2, s. 64
  • 1998, c. 26, s. 59(E)
  • 1999, c. 31, s. 162(E)

Marginal note:Questions may be referred to Board

  •  (1) Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the parties or employees bound by a collective agreement, the arbitrator or arbitration board, the Minister or any alleged party may refer the question to the Board for determination.

  • Marginal note:Arbitration proceeding not suspended

    (2) The referral of any question to the Board pursuant to subsection (1) shall not operate to suspend any proceeding before an arbitrator or arbitration board unless the arbitrator or arbitration board decides that the nature of the question warrants a suspension of the proceeding or the Board directs the suspension of the proceeding.

  • R.S., 1985, c. L-2, s. 65
  • 1998, c. 26, s. 28

Marginal note:Filing of orders and decisions in Federal Court

  •  (1) Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order or decision, exclusive of the reasons therefor.

  • Marginal note:Idem

    (2) On filing an order or decision of an arbitrator or arbitration board in the Federal Court under subsection (1), the order or decision shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order or decision were a judgment obtained in the Court.

  • R.S., c. L-1, s. 159
  • 1972, c. 18, s. 1
  • 1977-78, c. 27, s. 57

Marginal note:Term of collective agreement

  •  (1) Where a collective agreement contains no provision as to its term or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the date on which it comes into force and shall not, except as provided by subsection 36(2) or with the consent of the Board, be terminated by the parties thereto within that term of one year.

  • Marginal note:Revision of collective agreement

    (2) Nothing in this Part prohibits the parties to a collective agreement from agreeing to a revision of any provision of the collective agreement other than a provision relating to the term of the collective agreement.

  • Marginal note:Board may order alteration of termination date

    (3) The Board may, on application made jointly by both parties to a collective agreement, order that the termination date of the collective agreement be altered for the purpose of establishing a common termination date for two or more collective agreements binding a single employer.

  • Marginal note:Provision for settlement of differences to remain in force

    (4) Notwithstanding anything contained in a collective agreement, the provision required to be contained therein by subsection 57(1) shall remain in force after the termination of the collective agreement and until the requirements of paragraphs 89(1)(a) to (d) have been met.

  • Marginal note:Power of arbitrator where agreement terminates

    (5) Where a difference between the parties to a collective agreement relating to a provision contained in the collective agreement arises during the period from the date of its termination to the date the requirements of paragraphs 89(1)(a) to (d) have been met,

    • (a) an arbitrator or arbitration board may hear and determine the difference; and

    • (b) sections 57 to 66 apply to the hearing and determination.

  • Marginal note:Powers of arbitrator when conditions of paragraphs 89(1)(a) to (d) have been met

    (6) Where a disagreement concerning the dismissal or discipline of an employee in the bargaining unit arises during the period that begins on the date on which the requirements of paragraphs 89(1)(a) to (d) are met and ends on the date on which a new or revised collective agreement is entered into, the bargaining agent may submit the disagreement for final settlement in accordance with the provisions for the settlement of differences contained in the previous collective agreement. The relevant provisions in the collective agreement and sections 57 to 66 apply, with such modifications as the circumstances require, to the settlement of the disagreement.

  • Marginal note:Revision of term

    (7) Despite subsection (2), if a notice to bargain referred to in subsection 65.12(1) of the Bankruptcy and Insolvency Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.

  • Marginal note:Revision of term

    (8) Despite subsection (2), if a notice to bargain referred to in subsection 33(2) of the Companies’ Creditors Arrangement Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.

  • R.S., 1985, c. L-2, s. 67
  • 1998, c. 26, s. 29
  • 2005, c. 47, s. 136

Marginal note:Collective agreement may contain certain provisions

 Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision

  • (a) requiring, as a condition of employment, membership in a specified trade union; or

  • (b) granting a preference of employment to members of a specified trade union.

  • R.S., c. L-1, s. 161
  • 1972, c. 18, s. 1

Definition of referral

  •  (1) In this section, referral includes assignment, designation, dispatching, scheduling and selection.

  • Marginal note:Operation of hiring halls

    (2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination.

  • Marginal note:Posting of rules

    (3) Rules applied by a trade union pursuant to subsection (2) shall be kept posted in a conspicuous place in every area of premises occupied by the trade union in which persons seeking referral normally gather.

  • 1977-78, c. 27, s. 58
  • 1980-81-82-83, c. 47, s. 53(F)
 
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