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

Full Document:  

Act current to 2022-01-12 and last amended on 2021-12-29. Previous Versions

PART IIndustrial Relations (continued)

DIVISION VIIGeneral (continued)

Access to Employees

Marginal note:Application for access order

  •  (1) Where the Board receives from a trade union an application for an order granting an authorized representative of the trade union access to employees living in an isolated location on premises owned or controlled by their employer or by any other person, the Board may make an order granting the authorized representative of the trade union designated in the order access to the employees on the premises of their employer or such other person, as the case may be, that are designated in the order if the Board determines that access to the employees

    • (a) would be impracticable unless permitted on premises owned or controlled by their employer or by such other person; and

    • (b) is reasonably required for purposes relating to soliciting union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a union service to employees.

  • Marginal note:Content of order

    (2) The Board shall, in every order made under subsection (1), specify the method of access to the employees, the times at which access is permitted and the periods of its duration.

  • 1972, c. 18, s. 1
  • 1977-78, c. 27, s. 69.1

Marginal note:Communication with off-site workers

  •  (1) On application by a trade union, the Board may, by order, require an employer to give an authorized representative of the trade union mentioned in the order, or the Board, or both, the names and addresses of employees whose normal workplace is not on premises owned or controlled by their employer and authorize the trade union to communicate with those employees, by electronic means or otherwise, if the Board is of the opinion that such communication is required for purposes relating to soliciting trade union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a trade union service to employees.

  • Marginal note:Contents of order

    (2) An order made under subsection (1)

    • (a) must specify the method of communication, the times of day and the periods during which the communication is authorized, and the conditions that must be met in order to ensure the protection of the privacy and the safety of affected employees and to prevent the abusive use of information; and

    • (b) may include a requirement that the employer, in accordance with any terms and conditions that the Board establishes, transmit the information that the union wishes to communicate to the employees by means of any electronic communications system that the employer uses to communicate with the employees.

  • Marginal note:Board transmission

    (3) If the Board is of the opinion that the privacy and safety of affected employees cannot otherwise be protected, the Board may

    • (a) provide each employee with the opportunity to refuse the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee does not so refuse, may transmit that name and address to the authorized representative; or

    • (b) transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate.

  • Marginal note:Protection of names and addresses

    (4) The names and addresses of employees provided under subsection (1) shall not be used unless it is for a purpose consistent with this section.

  • 1998, c. 26, s. 50

Access to Financial Statements

Marginal note:Financial statement of trade union and employers’ organization

  •  (1) Every trade union and every employers’ organization shall, forthwith on the request of any of its members, provide the member, free of charge, with a copy of a financial statement of its affairs to the end of the last fiscal year, certified to be a true copy by its president and treasurer or by its president and any other officer responsible for the handling and administration of its funds.

  • Marginal note:Idem

    (2) Any financial statement provided under subsection (1) shall contain information in sufficient detail to disclose accurately the financial condition and operations of the trade union or employers’ organization for the fiscal year for which it was prepared.

  • Marginal note:Complaint to Board where failure to provide financial statement

    (3) The Board, on the complaint of any member of a trade union or employers’ organization that it has failed to comply with subsection (1), may make an order requiring the trade union or employers’ organization to file with the Board, within the time set out in the order, a statement in such form and with such particulars as the Board may determine.

  • Marginal note:Order of the Board

    (4) The Board may make an order requiring a trade union or employers’ organization to provide a copy of a statement filed under subsection (3) to such members of the trade union or employers’ organization as the Board in its discretion directs.

  • 1977-78, c. 27, s. 70
  • 1980-81-82-83, c. 47, s. 53(F)
  • 1984, c. 40, s. 79(F)

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing to or by whom and in what manner any notice, request or report that may be given or made to or received by the Minister shall be given, made or received;

  • (b) prescribing in what form and manner any notice or report that is authorized or required to be given or sent by the Minister, a conciliation commissioner, a conciliation board or an Industrial Inquiry Commission shall be given or sent and what shall constitute sufficient service of such notice or report on the person to whom it is given or sent;

  • (c) designating, with respect to any notice or request authorized or required to be given or sent by the Minister, the officer who may give or send the notice or request on behalf of the Minister;

  • (d) prescribing the form and content of a notice to commence collective bargaining;

  • (e) prescribing the form and content of a notice under section 71 and prescribing any additional information that is to be furnished with such a notice;

  • (f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information that is to be furnished with such a notice;

  • (g) and (h) [Repealed, 1998, c. 26, s. 51]

  • (i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information that is to be furnished with such a request;

  • (j) prescribing the manner in which and the time within which a copy of an order or decision referred to in section 59 shall be filed with the Minister;

  • (k) prescribing the circumstances in which copies of orders and decisions filed with the Minister pursuant to section 59 may be examined by members of the public and the fees, if any, to be charged for providing copies thereof; and

  • (l) prescribing the manner in which a report of a conciliation commissioner or a conciliation board may be released by the Minister to the parties to a dispute pursuant to paragraph 77(a).

  • R.S., 1985, c. L-2, s. 111
  • 1998, c. 26, s. 51

Marginal note:Delegation

 The Minister may delegate to the head of the Federal Mediation and Conciliation Service his or her powers of appointment under this Act.

  • 1998, c. 26, s. 52

Miscellaneous

Marginal note:Documents as evidence

  •  (1) Any document purporting to contain or to be a copy of any order or decision of the Board and purporting to be signed by a member of the Board is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the document and without further proof thereof.

  • Marginal note:Certificate of Minister is evidence

    (2) A certificate purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service stating that a report, request or notice was or was not received or given by the Minister pursuant to this Part and, if so received or given, stating the date on which it was so received or given, is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof thereof.

  • R.S., 1985, c. L-2, s. 112
  • 1998, c. 26, s. 53

Marginal note:Late report not invalid

 The failure of a conciliation officer, conciliation commissioner or conciliation board to report to the Minister within a period limited by this Part does not invalidate the proceeding or terminate the authority of the conciliation officer, conciliation commissioner or conciliation board.

  • 1972, c. 18, s. 1

Marginal note:Defect in form or irregularity

 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity.

  • 1972, c. 18, s. 1

Marginal note:Collective agreement to be filed

 Each party to a collective agreement shall, forthwith on its execution, file one copy of the collective agreement with the Minister.

  • 1972, c. 18, s. 1

Marginal note:Remuneration and expenses

 The members of an Industrial Inquiry Commission, the members of a conciliation board and every person not employed in the federal public administration who acts as a conciliation officer or conciliation commissioner or who functions under this Part in any other capacity at the request of the Minister, except as an arbitrator or arbitration board chairperson, shall be paid such remuneration and expenses as may be fixed by the Governor in Council by regulation or by order.

  • R.S., 1985, c. L-2, s. 116
  • 1998, c. 26, s. 59(E)
  • 2003, c. 22, s. 224(E)

Marginal note:Persons deemed not to be employed in public service

 Unless the Governor in Council otherwise orders in a case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • R.S., 1985, c. L-2, s. 117
  • 2003, c. 22, s. 225(E)

Marginal note:Witness fees and expenses

 A person who is summoned by the Board, a conciliation board, a conciliation commissioner or an Industrial Inquiry Commission to attend as a witness in any proceeding taken under this Part, and who so attends, is entitled to be paid an allowance for expenses and a witness fee, determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is being taken.

  • 1972, c. 18, s. 1

Marginal note:Not required to give evidence — Part I

  •  (1) No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.

  • Marginal note:Not required to give evidence — Act

    (1.1) No member of the Board or no external adjudicator shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Act.

  • Marginal note:Chief Administrator and employees not required to give evidence

    (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.

  • R.S., 1985, c. L-2, s. 119
  • 1999, c. 31, s. 162(E)
  • 2003, c. 22, s. 224(E)
  • 2014, c. 20, s. 420
  • 2017, c. 20, s. 336

Marginal note:No disclosure

 For greater certainty, the following may not be disclosed without the consent of the person who made them:

  • (a) notes or draft orders or decisions of the Board or any of its members, of an external adjudicator or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and

  • (b) notes or draft reports of persons appointed by the Minister under this Part to assist in resolving disputes or differences, or of persons authorized or designated by the Board to assist in resolving complaints or issues in dispute before the Board.

Arrangements with Provinces

Marginal note:Where uniform provincial legislation

  •  (1) Where this Part and legislation enacted by the legislature of a province are substantially uniform, the Minister may, on behalf of the Government of Canada, with the approval of the Governor in Council, enter into an agreement with the government of the province to provide for the administration of the legislation of the province by officers and employees employed in the federal public administration.

  • Marginal note:Agreement for administration by Canada

    (2) An agreement made pursuant to subsection (1) in respect of the administration of any legislation of a province may provide

    • (a) for the administration by Canada of the legislation of the province with respect to any particular work, undertaking or business;

    • (b) that the Minister may, on behalf of the province, exercise the powers conferred or perform the duties imposed under the legislation of the province;

    • (c) that the members of the Board, or officers and employees employed in the federal public administration, may exercise the powers conferred or perform the duties imposed under the legislation of the province; and

    • (d) for payment by the government of the province to the Government of Canada for expenses incurred by the Government of Canada in the administration of the legislation of the province.

  • Marginal note:Where powers or duties conferred by provincial legislation

    (3) Where an agreement has been entered into between the Government of Canada and the government of a province in respect of any legislation of the province, the Minister, the members of the Board and any officers or employees employed in the federal public administration may, if the legislation so provides and the Governor in Council so orders, exercise the powers and perform the duties specified in the legislation or agreement.

  • R.S., 1985, c. L-2, s. 120
  • 2003, c. 22, s. 224(E)

Annual Reports

Marginal note:Annual report of Board

  •  (1) The Board shall, on or before January 31 next following the end of each fiscal year, submit to the Minister a report on the activities of the Board during the immediately preceding fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • (2) [Repealed, 1996, c. 11, s. 65]

  • R.S., 1985, c. L-2, s. 121
  • 1996, c. 11, s. 65

Application of Provincial Laws

Marginal note:Provincial Crown corporations

 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

  • 1996, c. 12, s. 1
  • 1997, c. 9, s. 125
 
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