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

Marginal note:Further offences

102 Every person who

• (a) being required to attend to give evidence pursuant to paragraph 16(a), fails, without valid excuse, to attend accordingly,

• (b) being commanded to produce, pursuant to paragraph 16(a), any document or thing in their possession or under their control, fails to produce the document or thing,

• (c) refuses to be sworn or to affirm, as the case may be, after being required to do so pursuant to paragraph 16(a), or

• (d) refuses to answer any proper question put to them, pursuant to paragraph 16(a), by the Board, a conciliation board, a conciliation commissioner, an arbitrator or an arbitration board,

is guilty of an offence and liable on summary conviction to a fine not exceeding four hundred dollars.

Marginal note:Prosecution of employers’ organizations, trade unions and councils of trade unions

• 103 (1) A prosecution for an offence under this Part may be brought against and in the name of an employers’ organization, a trade union or a council of trade unions.

• Marginal note:Idem

  (2) For the purpose of a prosecution under subsection (1),

  • (a) an employers’ organization, trade union or council of trade unions shall be deemed to be a person; and

  • (b) any act or thing done or omitted to be done by an officer or agent of an employers’ organization, trade union or council of trade unions within the scope of their authority to act on behalf of the employers’ organization, trade union or council of trade unions shall be deemed to be an act or thing done or omitted to be done by the employers’ organization, trade union or council of trade unions.

Marginal note:Consent of Board before prosecution

104 Except with the consent in writing of the Board, no prosecution shall be instituted in respect of an offence under this Part.

DIVISION VIIGeneral

Promotion of Industrial Peace

Marginal note:Round-table meetings

104.1 The Minister shall meet from time to time with a group consisting of the experts in industrial relations, and representatives of employers and of trade unions, that the Minister considers advisable for the purpose of discussing industrial relations issues.

Marginal note:Mediators

• 105 (1) The Minister, on request or on the Minister’s own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference.

• Marginal note:Recommendations

  (2) At the request of the parties or the Minister, a mediator appointed pursuant to subsection (1) may make recommendations for settlement of the dispute or the difference.

Marginal note:Inquiries regarding industrial matters

106 The Minister, on application or on the Minister’s own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may affect industrial relations.

Marginal note:Additional powers

107 The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary.

Marginal note:Industrial Inquiry Commission

• 108 (1) Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an Industrial Inquiry Commission and to which the Minister shall refer the matter under consideration for investigation and report to the Minister.

• Marginal note:Idem

  (2) Where a matter under consideration is referred, pursuant to subsection (1), to an Industrial Inquiry Commission, the Minister shall

  • (a) furnish the Commission with a statement of the matter; and

  • (b) where the inquiry will involve any particular person or organization, inform the person or organization of the appointment.

• Marginal note:Composition of Commission

  (3) An Industrial Inquiry Commission shall consist of one or more members to be appointed by the Minister.

• Marginal note:Functions of Commission

  (4) Forthwith on its appointment, an Industrial Inquiry Commission

  • (a) shall inquire into the matters referred to it by the Minister and endeavour to carry out its terms of reference; and

  • (b) where the Commission is inquiring into a dispute or difference between any employer and employees and a settlement of the dispute or difference is not effected during the inquiry, shall make its report and recommendations to the Minister within fourteen days after its appointment or within such longer period as the Minister may allow.

• Marginal note:Distribution and publication of report

  (5) On receipt of a report of an Industrial Inquiry Commission relating to any dispute or difference between any employer and employees, the Minister shall

  • (a) furnish a copy of the report to each employer and trade union involved in the dispute or difference; and

  • (b) publish the report in such manner as the Minister considers advisable.

• Marginal note:Powers of Commission

  (6) An Industrial Inquiry Commission has all of the powers of a person appointed as a Commissioner under Part I of the Inquiries Act.

Vote on Employer’s Offer

Marginal note:Minister may order vote to be held

• 108.1 (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may

  • (a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and

  • (b) designate the Board, or any other person or body, to be in charge of conducting that vote.

• Marginal note:No effect on time limits or periods

  (2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike.

• Marginal note:Consequences of favourable vote

  (3) Where the majority of the employees participating in the vote accept the employer’s last offer,

  • (a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and

  • (b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith.

• Marginal note:Powers respecting vote

  (4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.

Access to Employees

Marginal note:Application for access order

• 109 (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.

Marginal note:Communication with off-site workers

• 109.1 (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.

Access to Financial Statements

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

• 110 (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.

Regulations

Marginal note:Regulations

111 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) prescribing a time limit for the purposes of subsection 99.01(1), as well as rules respecting the Board’s jurisdiction, and the validity of a decision or order made by it, after the time limit;

• (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).