(a) the employer has failed to comply with section 94; and

    (b) the Board is of the opinion that, but for the unfair labour practice, the trade union could reasonably have been expected to have had the support of a majority of the employees in the unit.

47. The Act is amended by adding the following before section 105:

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.

48. Section 105 of the Act is renumbered as subsection 105(1) and is amended by adding the following:

Recommendat ions

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

49. The heading before section 109 of the Act is replaced by the following:

Access to Employees

50. The Act is amended by adding the following after section 109:

Communicati on 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.

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.

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 transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate.

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.

51. (1) Paragraph 111(c) of the Act is replaced by the following:

    (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;

(2) Paragraphs 111(f) to (h) of the Act are replaced by the following:

    (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;

(3) Paragraph 111(l) of the Act is replaced by the following:

    (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).

52. The Act is amended by adding the following after section 111:

Delegation

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

53. Subsection 112(2) of the Act is replaced by the following:

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.

54. The Act is amended by adding the following after section 119:

No disclosure

119.1 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, 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.

R.S., c. 9 (1st Supp.), s. 1

55. The definition ``Board'' in subsection 122(1) of the Act is replaced by the following:

``Board''
« Conseil »

``Board'' means the Canada Industrial Relations Board established by section 9;

R.S., c. 9 (1st Supp.), s. 4

56. The heading before section 156 of the Act is replaced by the following:

Powers of the Canada Industrial Relations Board

R.S., c. 9 (1st Supp.), s. 4

57. The portion of subsection 156(1) of the Act before paragraph (a) is replaced by the following:

Reference or complaint to Board

156. (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e) , may dispose of any reference or complaint made to the Board under this Part and, in relation to any reference or complaint so made, that person

58. Paragraph 242(2)(c) of the Act is replaced by the following:

    (c) has, in relation to any complaint before the adjudicator, the powers conferred on the Canada Industrial Relations Board, in relation to any proceeding before the Board, under paragraphs 16(a),(b) and (c).

References

59. The English version of the Act is amended by replacing the word ``chairman'' with the word ``chairperson'' in the following provisions:

    (a) the definition ``arbitration board'' in subsection 3(1);

    (b) subsections 57(4) to (6);

    (c) section 59;

    (d) section 62;

    (e) paragraph 63(b);

    (f) subsection 64(1);

    (g) subsections 82(3) and (4);

    (h) subsections 85(1) and (2);

    (i) section 116;

    (j) subsections 137.1(2) to (4); and

    (k) subsection 139(3).

References

60. Subsection 139(3) of the English version of the Act is amended by replacing the word ``vice-chairman'' with the word ``vice-chairperson''.

References

61. Subsections 219(2) and (3) of the English version of the Act are amended by replacing the word ``co-chairmen'' with the word ``co-chairpersons''.

R.S.., c. C-43; R.S., c. 2 (4th Supp.); 1992, c. 1; 1995, c. 1

CORPORATIONS AND LABOUR UNIONS RETURNS ACT

62. The long title of the Corporations and Labour Unions Returns Act is replaced by the following:

An Act to provide for the reporting of financial and other statistics relating to the affairs of corporations carrying on activities in Canada

63. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the Corporations Returns Act.

64. (1) The definition ``union'' or ``labour union'' in subsection 2(1) of the Act is repealed.

R.S., c. 2 (4th Supp.), s. 1

(2) The definition ``reporting period'' in subsection 2(1) of the Act is replaced by the following:

``reporting period''
« période de rapport »

``reporting period'', in relation to a corporation, means a fiscal period of the corporation within the meaning of the Income Tax Act;

65. Part II of the Act is repealed.

1995, c. 1, par. 62(1)(h)

66. Section 16 of the Act is replaced by the following:

Information available for inspection

16. The information contained in any return filed by a corporation pursuant to section 4 shall be made available to the Minister of Industry and that information shall be made available by the Minister of Industry for inspection by any person, on application at any reasonable time and on payment of such fee, not exceeding one dollar in respect of any one corporation, as may be prescribed.

67. The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:

Privileged information; prohibition against communicatio n

18. (1) Except as provided in section 19, all information contained in a return filed by a corporation pursuant to section 5 or 6 is privileged and no official or authorized person shall knowingly

68. Sections 21 and 22 of the Act are replaced by the following:

Certificate as evidence

21. In any prosecution for an offence under Part I, a certificate purporting to be signed by the Chief Statistician of Canada or any person authorized by the Chief Statistician of Canada in writing in that behalf that a return was not filed with the Chief Statistician of Canada by any corporation or person as and when required by that Part is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it .

Annual report

22. (1) The Minister shall, as soon as possible after the end of each year, cause to be prepared a report containing a statistical summary and analysis of information obtained under this Act, contained in returns filed by corporations for reporting periods coinciding with or ending in that year, and shall immediately cause the report to be laid before Parliament on its completion, if Parliament is then sitting or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

Disclosures not to be made in report

(2) The statistical summary and analysis contained in a report described in subsection (1) shall be so presented or shown as not to disclose particulars of, or identify or permit identification of the source of, information contained in any statement comprised in a return filed by a corporation pursuant to section 5 or 6.

69. Paragraph 23(1)(c) of the Act is replaced by the following:

    (c) prescribing the forms to be used and the information to be included thereon by corporations filing returns pursuant to section 4, 5 or 6;

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

1993, c. 34, s. 2(2)

70. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Canada Labour Relations Board

    Conseil canadien des relations du travail

71. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canada Industrial Relations Board

    Conseil canadien des relations indus trielles