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Canada Labour Code

Version of section 3 from 2019-07-29 to 2024-05-28:


Marginal note:Definitions

  •  (1) In this Part,

    arbitration board

    arbitration board means an arbitration board constituted by or pursuant to a collective agreement or by agreement between the parties to a collective agreement and includes an arbitration board the chairperson of which is appointed by the Minister under this Part; (conseil d’arbitrage)

    arbitrator

    arbitrator means a sole arbitrator selected by the parties to a collective agreement or appointed by the Minister under this Part; (arbitre)

    bargaining agent

    bargaining agent means

    • (a) a trade union that has been certified by the Board as the bargaining agent for the employees in a bargaining unit and the certification of which has not been revoked, or

    • (b) any other trade union that has entered into a collective agreement on behalf of the employees in a bargaining unit

      • (i) the term of which has not expired, or

      • (ii) in respect of which the trade union has, by notice given pursuant to subsection 49(1), required the employer to commence collective bargaining; (agent négociateur)

    bargaining unit

    bargaining unit means a unit

    • (a) determined by the Board to be appropriate for collective bargaining, or

    • (b) to which a collective agreement applies; (unité de négociation)

    Board

    Board[Repealed, 2017, c. 20, s. 319]

    collective agreement

    collective agreement means an agreement in writing entered into between an employer and a bargaining agent containing provisions respecting terms and conditions of employment and related matters; (convention collective)

    conciliation board

    conciliation board means a board established by the Minister under paragraph 72(1)(c); (commission de conciliation)

    conciliation commissioner

    conciliation commissioner means a person appointed by the Minister under paragraph 72(1)(b); (commissaire-conciliateur)

    conciliation officer

    conciliation officer means a person appointed by the Minister under paragraph 72(1)(a); (conciliateur)

    dependent contractor

    dependent contractor means

    • (a) the owner, purchaser or lessee of a vehicle used for hauling, other than on rails or tracks, livestock, liquids, goods, merchandise or other materials, who is a party to a contract, oral or in writing, under the terms of which they are

      • (i) required to provide the vehicle by means of which they perform the contract and to operate the vehicle in accordance with the contract, and

      • (ii) entitled to retain for their own use from time to time any sum of money that remains after the cost of their performance of the contract is deducted from the amount they are paid, in accordance with the contract, for that performance,

    • (b) a fisher who, pursuant to an arrangement to which the fisher is a party, is entitled to a percentage or other part of the proceeds of a joint fishing venture in which the fisher participates with other persons, and

    • (c) any other person who, whether or not employed under a contract of employment, performs work or services for another person on such terms and conditions that they are, in relation to that other person, in a position of economic dependence on, and under an obligation to perform duties for, that other person; (entrepreneur dépendant)

    dispute

    dispute means a dispute arising in connection with the entering into, renewing or revising of a collective agreement, in respect of which notice may be given to the Minister under section 71; (différend)

    employee

    employee means any person employed by an employer and includes a dependent contractor and a private constable, but does not include a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations; (employé)

    employer

    employer means

    • (a) any person who employs one or more employees, and

    • (b) in respect of a dependent contractor, such person as, in the opinion of the Board, has a relationship with the dependent contractor to such extent that the arrangement that governs the performance of services by the dependent contractor for that person can be the subject of collective bargaining; (employeur)

    employers’ organization

    employers’ organization means any organization of employers the purposes of which include the regulation of relations between employers and employees; (organisation patronale)

    lockout

    lockout includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees, or to aid another employer to compel that other employer’s employees, to agree to terms or conditions of employment; (lock-out)

    parties

    parties means

    • (a) in relation to the entering into, renewing or revising of a collective agreement and in relation to a dispute, the employer and the bargaining agent that acts on behalf of the employer’s employees,

    • (b) in relation to a difference relating to the interpretation, application, administration or alleged contravention of a collective agreement, the employer and the bargaining agent, and

    • (c) in relation to a complaint to the Board under this Part, the complainant and any person or organization against whom or which the complaint is made; (parties)

    private constable

    private constable means a person appointed as a police constable under Part IV.1 of the Railway Safety Act; (agent de police privé)

    professional employee

    professional employee means an employee who

    • (a) is, in the course of their employment, engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution, and

    • (b) is, or is eligible to be, a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization; (membre de profession libérale)

    strike

    strike includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output; (grève)

    trade union

    trade union means any organization of employees, or any branch or local thereof, the purposes of which include the regulation of relations between employers and employees; (syndicat)

    unit

    unit means a group of two or more employees. (unité)

  • Marginal note:Employee status preserved

    (2) No person ceases to be an employee within the meaning of this Part by reason only of their ceasing to work as the result of a lockout or strike or by reason only of their dismissal contrary to this Part.

  • R.S., 1985, c. L-2, s. 3
  • 1996, c. 10, s. 234
  • 1998, c. 10, s. 182, c. 26, ss. 1, 59(E)
  • 1999, c. 31, ss. 149(E), 162(E)
  • 2007, c. 19, s. 60
  • 2015, c. 3, s. 15(F)
  • 2017, c. 20, s. 319

Date modified: