Trade Unions Act (R.S.C., 1985, c. T-14)

Short Title

Marginal note:Short title

1 This Act may be cited as the Trade Unions Act.

Interpretation

Definition of trade union

2 In this Act, trade union means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, but for this Act, have been deemed to be an unlawful combination by reason of some one or more of its purposes being in restraint of trade.

Application

Marginal note:Agreements not affected

3 This Act does not affect

• (a) any agreement between partners relating to their own business;

• (b) any agreement between an employer and those employed by him relating to employment; or

• (c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.

Marginal note:Legal proceedings not authorized by this Act

• 4 (1) Nothing in this Act enables any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any agreement

  • (a) between members of a trade union, as such, concerning the conditions on which any members of the trade union shall, or shall not, sell their goods, transact business, employ or be employed;

  • (b) for the payment by any person of any subscription or penalty to a trade union;

  • (c) for the application of the funds of a trade union

    • (i) to provide benefits to members,

    • (ii) to furnish contributions to any employer or workman, who is not a member of the trade union, in consideration of the employer or workman acting in conformity with the rules or resolutions of the trade union, or

    • (iii) to discharge any fine imposed on any person by sentence of a court of justice;

  • (d) made between one trade union and another; or

  • (e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d).

• Marginal note:Agreements not unlawful

  (2) Nothing in this section shall be deemed to constitute as unlawful any of the agreements mentioned in subsection (1).

Marginal note:Application of certain Acts

• 5 (1) No Act in force in Canada providing for the constitution and incorporation of charitable, benevolent or provident institutions applies to trade unions.

• Marginal note:Idem

  (2) This Act does not apply to any trade union not registered under this Act.

Constitution and Registration

Marginal note:Trade union may be registered

6 Any seven or more members of a trade union may, by subscribing their names to the rules of the union and otherwise complying with the provisions of this Act with respect to registration, register the trade union under this Act, but if any one of the purposes of the trade union is unlawful, the registration is void.

Marginal note:Registrar

7 The Registrar General of Canada shall be the Registrar under this Act.

Marginal note:Registration

• 8 (1) The following provisions apply with respect to registration of trade unions under this Act:

  • (a) an application to register the trade union and printed copies of its rules, together with a list of the titles and names of its officers, shall be sent to the Registrar;

  • (b) the Registrar, on being satisfied that the trade union has complied with the regulations respecting registration, shall register the trade union and its rules;

  • (c) no trade union shall be registered under a name identical with that under which any other trade union has been registered, or so nearly resembling that name as to be likely to deceive the members or the public; and

  • (d) if a trade union that applies to be registered has been in operation for more than a year before the date of application, there shall be delivered to the Registrar, before the registration of the trade union, a general statement of the receipts, funds, effects and expenditure of the trade union, in the same form and showing the same particulars as if it were the annual general statement required, under this Act, to be transmitted annually to the Registrar.

• Marginal note:Certificate of registration

  (2) The Registrar, on registering a trade union, shall issue a certificate of registration, and the certificate, unless it is proved to have been withdrawn or cancelled, is conclusive proof that the regulations with respect to registration have been complied with.

Marginal note:Regulations

9 The Governor in Council may make regulations

• (a) respecting registration under this Act;

• (b) respecting the seal, if any, to be used for the purpose of registration;

• (c) respecting the inspection of documents kept by the Registrar under this Act;

• (d) respecting the fees, if any, to be paid on registration, not exceeding the fees specified in Schedule I; and

• (e) generally, for carrying into effect the provisions of this Act relating to registration of trade unions.

Marginal note:Rules of registered union

10 The following provisions apply with respect to the rules of a trade union registered under this Act:

• (a) the rules shall contain provisions in respect of the several matters mentioned in Schedule II; and

• (b) a copy of the rules shall be delivered by the trade union to any person, on demand, on payment of a sum not exceeding twenty-five cents.

Marginal note:Registered office

11 Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed.

Marginal note:Notice of office

12 Notice of the location of the registered office of a trade union and of any change therein shall be given to the Registrar and recorded by him, and until notice of the location of the registered office is given to the Registrar, a trade union shall be deemed not to have complied with this Act.

Annual Statement

Marginal note:General statement of affairs

• 13 (1) A general statement of the receipts, funds, effects and expenditure of every trade union registered under this Act shall be transmitted to the Registrar, before June 1 in each year, and shall show fully the assets and liabilities at the date and the receipts and expenditure of the trade union during the year preceding the date, to which it is made out, and separately, the expenditure in respect of the several objects of the trade union, and such statement shall be prepared and made out to such date, in such form and shall comprise such particulars as the Registrar requires.

• Marginal note:Members and depositors

  (2) Every member of and depositor in any trade union that is registered under this Act is entitled to receive, on application to the secretary or treasurer of the trade union, a copy of the general statement described in subsection (1) without cost.

Marginal note:Copies of rules to accompany statement

14 There shall be sent to the Registrar, together with the general statement described in section 13, a copy of all new rules and of all alterations of rules, and a statement showing the changes of officers, made by the trade union during the year preceding the date to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date.

Respecting Property

Marginal note:Powers relating to land

• 15 (1) Any trade union registered under this Act may purchase, or take on lease, in the names of the trustees of the trade union, any land not exceeding one acre, and may sell, exchange, mortgage, hypothecate or lease the land.

• Marginal note:Authority of trustees

  (2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease.

• Marginal note:What constitutes distinct union

  (3) For the purposes of this section, every branch of a trade union shall be considered a distinct union.

Marginal note:Property vested in trustees

• 16 (1) All real and personal property belonging to any trade union registered under this Act shall be vested in the trustees of the trade union, appointed as provided by this Act, for the use and benefit of the trade union and the members thereof.

• Marginal note:Real and personal

  (2) The real or personal property of any branch of a trade union shall be vested in the trustees of the branch and be under the control of those trustees, or their respective executors or administrators, according to their respective claims or interests.

• Marginal note:On death of trustee

  (3) On the death or removal of any trustees, real or personal property described in this section shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatever, except in the case of Dominion stock, which shall be transferred into the names of any new trustees.

Procedure

Marginal note:Forms of action

17 In all actions, suits or indictments or summary proceedings before any court of summary jurisdiction, concerning any property of a trade union or branch, the property shall be stated to be the property of the persons holding the office of trustee, in their proper names, as trustees of the trade union without any further description.

Marginal note:Powers of trustees

• 18 (1) The trustees of any trade union registered under this Act, or any other officer of such trade union who is authorized to do so by the order thereof, may bring or defend, or cause to be brought or defended, any action, suit, prosecution or complaint, in any court of competent jurisdiction, concerning the property, right or claim to property of the trade union, and may, in all cases concerning the property, real or personal, of the trade union, sue and be sued, and plead and be impleaded, in that court, in their proper names, without other description than the title of their office.

• Marginal note:Not abated by vacation of office

  (2) No action, suit, prosecution or complaint shall be discontinued or abated by the death or removal from office of any person referred to in subsection (1), but the action, suit, prosecution or complaint shall be proceeded in, by or against their successor or successors as if the death, resignation or removal had not taken place, and those successors shall pay and receive the like costs as if the action, suit, prosecution or complaint had been commenced in their names for the benefit of, or to be reimbursed from the funds of, the trade union.

• Marginal note:Service of process

  (3) Any summons to any trustee or other officer of a trade union registered under this Act may be served by leaving the summons at the registered office of the trade union.