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

Marginal note:Where notice to bargain collectively given prior to deletion

47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the federal public administration,

• (a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 107 of the Public Service Labour Relations Act, are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the corporation or business, as employer, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the employer and the bargaining agent agree otherwise;

• (b) the Public Service Labour Relations Act applies in all respects to the interpretation and application of any term or condition continued or resumed by paragraph (a);

• (c) on application by the corporation or business, as employer, or the bargaining agent for those employees, made during the period beginning on the one hundred and twentieth day and ending on the one hundred and fiftieth day after the date of the deletion or severance, the Board shall make an order determining

  • (i) whether the employees of the corporation or business who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and

  • (ii) which trade union shall be the bargaining agent for the employees in each such unit;

• (d) where the Board makes the determinations under paragraph (c), the corporation or business, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining under this Act for the purpose of entering into a collective agreement; and

• (e) this Part, other than section 80, applies in respect of a notice given under paragraph (d).

Marginal note:Order

47.2 The Governor in Council may, by order, exclude from the operation of sections 47 and 47.1 any portion of the federal public administration that is deleted or severed as described in subsection 47(1) where the Governor in Council, on the recommendation of the Minister after consultation with the Treasury Board and the Minister responsible for that portion of the federal public administration, is of the opinion that it is in the public interest to do so.

Definition of “previous contractor”

• 47.3 (1) In this section, “previous contractor” means an employer who, under the terms of a contract or other arrangement that is no longer in force,

  • (a) provided pre-board security screening services to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition “federal work, undertaking or business” in section 2; or

  • (b) provided any other service that may be designated by regulation of the Governor in Council, on the recommendation of the Minister, to another employer or a person acting on behalf of that other employer in any industry that may be designated by regulation of the Governor in Council on the recommendation of the Minister.

• Marginal note:Equal remuneration

  (2) An employer who succeeds a previous contractor as the provider of services, in accordance with a contract or other arrangement, must pay to the employees providing the services under that contract or arrangement remuneration not less than that which the employees of the previous contractor who provided the same or substantially similar services were entitled to receive under the terms of a collective agreement to which this Part applied.