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

Accounting

Marginal note:Liability of trustee

• 19 (1) No trustee of a trade union registered under this Act is liable to make good any deficiency that arises or happens in the funds of the trade union.

• Marginal note:Idem

  (2) A trustee of a trade union registered under this Act is liable only for the moneys actually received by him on account of the trade union.

Marginal note:Account to be rendered

20 Every treasurer or other officer of a trade union registered under this Act shall, at such times as he is required by the rules of the trade union, or at any other time, when called on by the trade union to do so, render to the trustees of the trade union, or the members, at a meeting thereof, a just and true account of all moneys received and paid by him since he last rendered a like account, of the balance then remaining in his hands and of all bonds or securities of the trade union.

Marginal note:Audit

• 21 (1) The trustees shall cause an account rendered under section 20 to be audited by a fit and proper person appointed by them.

• Marginal note:Duty of treasurer

  (2) On an audit under subsection (1), the treasurer, if required, shall forthwith

  • (a) hand over to the trustees the balance that appears to be due by him; and

  • (b) hand over to the trustees all securities and effects, books, papers and property of the trade union in his hands or custody.

• Marginal note:Failure to comply

  (3) If the treasurer fails to comply with subsection (2), the trustees may sue the treasurer, in any court of competent jurisdiction, for the balance appearing to have been due from him on the last account rendered by him, for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in the action the sums, if any, that he has since paid on account of the trade union.

• Marginal note:Costs

  (4) In an action under subsection (3), the trustees are entitled to recover their full costs of suit, to be taxed as between solicitor and client.

Offences and Punishment

Marginal note:Fraudulently obtaining, misapplying funds, books, etc.

• 22 (1) If any officer, member or other person who is or represents himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatever,

  • (a) by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of the trade union,

  • (b) having the effects of the trade union in his possession, wilfully withholds or fraudulently misapplies the effects, or

  • (c) wilfully applies any part of the effects of the trade union to purposes other than those expressed or directed in the rules of the trade union,

  the provincial court judge or justices having jurisdiction in cases of complaint for offences under this Act for the place in which the registered office of the trade union is situated may, by summary order, on a complaint made by any person on behalf of the trade union, or by the Registrar, order the officer, member or other person,

  • (d) to deliver up all those moneys, securities, books, papers or other effects to the trade union, or

  • (e) to repay the amount of money paid improperly and to pay, if the provincial court judge or justices think fit, a further sum of money not exceeding one hundred dollars, together with costs not exceeding five dollars.

• Marginal note:Failure to comply

  (2) In default of delivery of effects or payment of an amount of money, or payment of a penalty and costs ordered under subsection (1), the provincial court judge or justices may order the person convicted to be imprisoned, with or without hard labour, for any term not exceeding three months.

• Marginal note:Proceedings by indictment

  (3) Nothing in this Act prevents a trade union from proceeding by indictment against a person described in subsection (1), but no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under this Act.

Marginal note:Failure to have a registered office

23 If any trade union registered under this Act is in operation for seven days without having a registered office to which all communications and notices may be addressed, the trade union and every officer thereof shall each incur a penalty not exceeding twenty-five dollars for every day during which it is so in operation.

Marginal note:Failure to transmit general statement

• 24 (1) Every trade union registered under this Act that fails to transmit to the Registrar, before June 1 in each year, a general statement of its receipts, funds, effects and expenditure,

  • (a) showing fully the assets and liabilities at that date,

  • (b) the receipts and expenditure of the trade union during the year immediately preceding, and

  • (c) showing separately the expenditure in respect of the several objects of the trade union, prepared and made out to such date, and in such form, and comprising such particulars as the Registrar requires, together with a copy of all alterations of rules and changes of officers made, and a copy of the rules as they exist at that date,

  is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

• Marginal note:Officer failing to transmit

  (2) Every officer of a trade union registered under this Act whose duty it is to transmit a general statement required under subsection (1) who fails to do so, is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

• Marginal note:Failing to furnish copies

  (3) If the secretary or treasurer of a trade union registered under this Act refuses or fails to furnish any member thereof or depositor therein, on application, with a copy of a general statement required under subsection (1), the secretary or treasurer is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

Marginal note:Making false entries

25 Every person who wilfully makes, or orders to be made, any false entry in or any omission from a general statement required under subsection 24(1), or in or from the return of any copies of rules or alterations of rules required under this Act is guilty of an offence and liable to a fine not exceeding two hundred dollars for each offence.

Marginal note:Circulating false copies of rules of a union

26 Every person who, with intent to mislead or defraud,

• (a) gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of that trade union, a copy of any rules or of any alterations of the rules falsely pretending that they are the existing rules of the trade union, or that there are no other rules of the trade union, or

• (b) gives a copy of any rules of any trade union not registered under this Act to any person under the pretence that the rules are the rules of a trade union registered under this Act,

is guilty of an indictable offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both.

Procedure

Marginal note:Summary conviction

• 27 (1) All offences and penalties under this Act may be prosecuted and recovered on summary conviction.

• Marginal note:Description of offence

  (2) The description of any offence against this Act in the words of this Act is sufficient.

• Marginal note:Proving exception, exemption, etc.

  (3) Any exception, exemption, proviso, excuse or qualification, whether it accompanies or does not accompany the description of any offence charged under this Act, may be proved by the defendant, but need not be specified in the information, and if it is specified and negatived in the information, no proof in relation to the matters specified and negatived shall be required on the part of the informant or prosecutor.

28 [Repealed, 2000, c. 12, s. 297]

General

Marginal note:Purposes of trade union not unlawful

29 The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for conspiracy or otherwise, or so as to render void or voidable any agreement or trust.

Marginal note:Annual report for Parliament

30 The Registrar shall lay before Parliament annual reports with respect to the matters transacted by him as Registrar under this Act and in pursuance thereof.