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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Canada Labour Code (Part I) and the Corporations and
Labour Unions Returns Act and to make consequential amendments to
other Acts''.
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This enactment implements reforms to the industrial relations
provisions of Part I of the Canada Labour Code, to provide a framework
for collective bargaining that enhances the ability of labour and
management to frame their own agreements and allows workplace
disputes to be resolved in a timely and cost effective manner.
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The key components of the enactment include:
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(a) the creation of a representational board, the Canada Industrial
Relations Board, with appropriate powers to allow for the timely and
cost effective administration of the regime;
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(b) streamlining of the conciliation process;
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(c) clarification of the rights and obligations of the parties during a
work stoppage, including requirements for secret strike and lockout
votes and advance strike and lockout notices;
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(d) a requirement for parties involved in a work stoppage to continue
services necessary to protect public health or safety;
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(e) a requirement for the maintenance of services affecting grain
shipments in the event of legal work stoppages by any third parties
in the ports;
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(f) making the undermining of a trade union's representational
capacity during a strike or lockout an unfair labour practice; and
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(g) improving access to collective bargaining for off-site workers.
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This enactment also repeals the provisions of the Corporations and
Labour Unions Returns Act respecting trade unions.
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Clause 1: The definitions ``Board'', ``conciliation
board'' and ``conciliation commissioner'' in subsection
3(1) read as follows:
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``Board'' means the Canada Labour Relations Board continued by
section 9;
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``conciliation board'' means a board established by the Minister under
paragraph 72(1)(c) or 74(b);
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``conciliation commissioner'' means a person appointed by the
Minister under paragraph 72(1)(b) or 74(a);
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Clause 2: The headings before section 9 and sections
9 to 14 read as follows:
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Composition and Operation
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9. (1) The labour relations board now existing under the name of the
Canada Labour Relations Board is hereby continued under that name.
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(2) The Canada Labour Relations Board shall consist of a Chairman,
a Vice-Chairman, such additional number of Vice-Chairmen, not
exceeding four, as the Governor in Council considers advisable and
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(a) not less than four or more than eight other full-time members; and
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(b) such other part-time members as the Governor in Council
considers necessary to assist the Board in carrying out its functions
under Part II.
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(3) The Chairman is the chief executive officer of the Board.
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10. (1) Subject to subsections (2) and (3), the members of the Board
shall be appointed by the Governor in Council to hold office during
good behaviour for terms not exceeding
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(a) in the case of the Chairman and a Vice-Chairman, ten years;
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(b) in the case of any other full-time member, five years; and
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(c) in the case of any part-time member, three years.
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(2) A member of the Board is removable by the Governor in Council
for cause.
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(3) A person is not eligible to hold office as a member of the Board
if the person
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(a) is not a Canadian citizen;
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(b) holds any other employment or office in respect of which that
person receives any remuneration; or
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(c) has attained the age of seventy years.
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(4) Notwithstanding subsection (3), a person is eligible to hold office
as a part-time member of the Board, whether or not that person holds
any other employment or office in respect of which he receives any
remuneration.
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(5) Subject to subsection (3), a retiring Chairman, Vice-Chairman or
other member of the Board may be re-appointed to the Board in the
same or another capacity.
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11. Where a member of the Board ceases to be a member of the Board
for any reason other than removal from the Board by the Governor in
Council pursuant to subsection 10(2) or a reason specified in paragraph
10(3)(a) or (b), the member may, notwithstanding anything in this Part,
carry out and complete any duties or responsibilities that the member
would otherwise have had, if he had not ceased to be a member, in
connection with any matter that came before the Board while he was still
a member thereof and in respect of which there was any proceeding in
which he participated as a member.
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12. Each member of the Board and person carrying out duties or
responsibilities under section 11
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(a) shall be paid a salary to be fixed by the Governor in Council; and
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(b) is entitled to be paid reasonable travel and other expenses
incurred by him while absent from his ordinary place of residence in
the course of his duties under this Part.
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13. (1) The head office of the Board shall be in the National Capital
Region described in the schedule to the National Capital Act, but the
Board may establish such other offices elsewhere in Canada as it
considers necessary for the proper performance of its duties under this
Part.
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(2) The Board may meet for the conduct of its business or for any
proceeding before the Board at such times and places in Canada as it
considers necessary or desirable.
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14. (1) At any meeting of the Board for the conduct of its business
and for any proceeding before the Board, at least three members shall
be present, one of whom shall be either the Chairman or a
Vice-Chairman.
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(2) Notwithstanding subsection (1), any member of the Board may
dispose of any uncontested application or uncontested question made
or referred to the Board under this Part and, in relation to any such
application or question, any such member
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(a) has all the powers, rights and privileges that are conferred on the
Board by this Act other than the power to make regulations under
section 15; and
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(b) is subject to all of the obligations and limitations that are imposed
on the Board by this Act.
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(3) A decision made by a majority of the members present at any
meeting of the Board or by a member of the Board in circumstances
referred to in subsection (2) is a decision of the Board.
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Clause 3: (1) to (3) Paragraphs 15(a.1), (g.1) and (o.1)
are new. The relevant portion of section 15 reads as
follows:
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15. The Board may make regulations of general application
respecting
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(a) the establishment of rules of procedure for its hearings;
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(p) the authority of any person to act on behalf of the Board and the
matters and things to be done and the action to be taken by that
person; and
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Clause 4: New.
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Clause 5: Paragraphs 16(a.1), (a.2), (f.1), (l.1), (m.1)
and (o.1) are new. The relevant portion of section 16
reads as follows:
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16. The Board has, in relation to any proceeding before it, power
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(g) to require an employer to post and keep posted in appropriate
places any notice that the Board considers necessary to bring to the
attention of any employees any matter relating to the proceeding;
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(k) to authorize any person to do anything that the Board may do
under paragraphs (b) to (h) or paragraph (j) and to report to the Board
thereon;
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(m) to abridge or enlarge the time for instituting the proceeding or for
doing any act, filing any document or presenting any evidence in
connection with the proceeding;
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Clause 6: New.
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Clause 7: New.
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Clause 8: New.
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Clause 9: New.
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Clause 10: New.
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Clause 11: Subsection 24(3) reads as follows:
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(3) An application for certification under subsection (2) in respect of
a unit shall not, except with the consent of the Board, be made during
the first six months of a strike or lockout of employees in the unit that
is not prohibited by this Part.
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Clause 12: New.
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Clause 13: New.
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Clause 14: Subsection 30(2) reads as follows:
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(2) Where the Board orders that a representation vote be taken on an
application by a trade union for certification as the bargaining agent for
a unit in respect of which no other trade union is the bargaining agent,
the Board shall include on the ballots a choice whereby an employee
may indicate that he does not wish to be represented by any trade union
named on the ballots.
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Clause 15: (1) New.
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(2) The relevant portion of subsection 33(3) reads as
follows:
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(3) Where an employer ceases to be a member of an employers'
organization or withdraws the authority referred to in subsection (1) that
the employer granted to the employers' organization, the employer
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Clause 16: (1) Subsections 34(1) and (2) read as
follows:
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34. (1) Where employees are employed in
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(a) the long-shoring industry, or
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(b) such other industry in such geographic area as may be designated
by regulation of the Governor in Council on the recommendation of
the Board,
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the Board may determine that the employees of two or more employers
in such an industry in such a geographic area constitute a unit
appropriate for collective bargaining and may, subject to this Part,
certify a trade union as the bargaining agent for the unit.
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(2) No recommendation under paragraph (1)(b) shall be made by the
Board unless, on inquiry, it is satisfied that the employers engaged in an
industry in a particular geographic area obtain their employees from a
group of employees the members of which are employed from time to
time by some or all of those employers.
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(2) and (3) New.
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Clause 17: Section 35 reads as follows:
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35. Where, in the opinion of the Board, associated or related federal
works, undertakings or businesses are operated by two or more
employers having common control or direction, the Board may, after
affording to the employers a reasonable opportunity to make
representations, by order, declare that for all purposes of this Part the
employers and the federal works, undertakings and businesses operated
by them that are specified in the order are, respectively, a single
employer and a single federal work, undertaking or business.
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Clause 18: (1) The relevant portion of subsection
36(1) reads as follows:
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36. (1) Where a trade union is certified as the bargaining agent for a
bargaining unit,
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(2) New.
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Clause 19: New.
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Clause 20: Subsection 38(5) reads as follows:
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(5) An application under subsection (1) or (3) shall not, except with
the consent of the Board, be made in respect of the bargaining agent for
employees in a bargaining unit during the first six months of a strike or
lockout of those employees that is not prohibited by this Part.
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Clause 21: (1) The definition ``sell'' in subsection
44(1) reads as follows:
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``sell'', in relation to a business, includes the lease, transfer and other
disposition of the business.
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(2) New.
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(3) The relevant portion of subsection 44(2) reads as
follows:
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(2) Subject to subsections 45(1) to (3), where an employer sells his
business,
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(4) New.
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Clause 22: Sections 45 and 46 read as follows:
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45. (1) Where an employer sells his business and his employees are
intermingled with employees of the employer to whom the business is
sold, the Board may, on application to it by any trade union affected,
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(a) determine whether the employees affected by the sale constitute
one or more units appropriate for collective bargaining;
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(b) determine which trade union shall be the bargaining agent for the
employees in each such unit; and
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(c) amend, to the extent the Board considers necessary, any
certificate issued to a trade union or the description of a bargaining
unit contained in any collective agreement.
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(2) Where an employer sells his business and his employees are
intermingled with employees of the employer to whom the business is
sold, a collective agreement that affects the employees in a unit
determined to be appropriate for collective bargaining pursuant to
subsection (1) that is binding on the trade union determined by the
Board to be the bargaining agent for that bargaining unit continues to be
binding on that trade union.
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(3) Either party to a collective agreement referred to in subsection (2)
may, at any time after the sixtieth day has elapsed from the date on which
the Board disposes of an application made to it under subsection (1),
apply to the Board for an order granting leave to serve on the other party
a notice to bargain collectively.
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(4) On application being made to it pursuant to subsection (3), the
Board shall take into account the extent to which and the fairness with
which the provisions of the collective agreement, particularly those
dealing with seniority, have been or could be applied to all the
employees to whom the collective agreement is applicable.
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46. Where any question arises under section 44 or 45 as to whether
or not a business has been sold or as to the identity of the purchaser of
a business, the Board shall determine the question.
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Clause 23: The relevant portion of section 47.1 reads
as follows:
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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 public service of Canada,
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Clause 24: Section 47.3 reads as follows:
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47.3 Notwithstanding sections 6 and 7 of the Airport Transfer
(Miscellaneous Matters) Act, sections 47 to 47.2 apply in the place of
sections 6 and 7 of that Act with respect to employees designated
pursuant to that Act as designated employees for an airport sold, leased
or otherwise transferred to a corporation or other body designated
pursuant to that Act.
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Clause 25: Subsection 49(1) reads as follows:
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49. (1) Either party to a collective agreement may, within the period
of three months immediately preceding the date of expiration of the
term of the collective agreement, or within such longer period as may
be provided for in the collective agreement, by notice, require the other
party to the collective agreement to commence collective bargaining for
the purpose of renewing or revising the collective agreement or entering
into a new collective agreement.
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Clause 26: The relevant portion of subsection 53(2)
reads as follows:
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(2) On receipt of an application for an order determining the matters
alleged under subsection (1) and after affording an opportunity for the
parties to be heard, the Board may, by order,
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Clause 27: (1) Paragraphs (a.1) to (a.4) are new. The
relevant portion of subsection 60(1) reads as follows:
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60. (1) An arbitrator or arbitration board has
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(a) in relation to any proceeding before the arbitrator or arbitration
board, the powers conferred on the Board, in relation to any
proceeding before the Board, by paragraphs 16(a), (b) and (c); and
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(2) New.
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Clause 28: Subsection 65(1) reads as follows:
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65. (1) Where any question arises in connection with a matter that has
been referred to an arbitrator or arbitration board, relating to the
existence of a collective agreement or the identification of the parties or
employees bound by a collective agreement, the arbitrator or arbitration
board, the Minister or any alleged party may refer the question to the
Board for hearing and determination.
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Clause 29: New.
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Clause 30: Section 70.1 is new. Section 71 and the
headings before it read as follows:
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Conciliation Procedures
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71. Where a notice to commence collective bargaining has been
given under this Part and
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(a) collective bargaining has not commenced within the time fixed
by this Part, or
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(b) the parties have bargained collectively for the purpose of entering
into or revising a collective agreement but have been unable to reach
agreement,
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either party may inform the Minister, by notice in writing, of their failure
to enter into, renew or revise a collective agreement.
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Clause 31: New.
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Clause 32: The relevant portion of subsection 73(2)
reads as follows:
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(2) Where a conciliation officer has been appointed under section 72,
the conciliation officer shall
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(b) within fourteen days after the date of the appointment, or within
such longer period as the Minister may allow, report to the Minister
as to whether or not the officer has succeeded in assisting the parties
in entering into or revising a collective agreement.
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Clause 33: Sections 74 to 79 read as follows:
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74. Where a conciliation officer appointed under section 72 reports
to the Minister that he has been unable to assist the parties to a dispute
in entering into or revising a collective agreement, the Minister shall,
not later than fifteen days after receiving the report,
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(a) appoint a conciliation commissioner;
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(b) establish a conciliation board in accordance with section 82; or
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(c) notify the parties, in writing, of his intention not to appoint a
conciliation commissioner or establish a conciliation board.
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75. (1) Where a conciliation commissioner or conciliation board has
been appointed or established under this Part, the Minister shall
forthwith deliver to the conciliation commissioner or conciliation board
a copy of the notice, if any, given pursuant to section 71 in respect of the
dispute and may, at any time before the conciliation commissioner or
conciliation board makes his or its report, refer any matter not
mentioned in the notice to the conciliation commissioner or conciliation
board for his or its consideration.
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(2) Where a conciliation commissioner or conciliation board has
been appointed or established under this Part, the conciliation
commissioner or conciliation board shall forthwith endeavour to assist
the parties to the dispute in entering into or revising a collective
agreement.
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76. (1) A conciliation commissioner or conciliation board shall,
within fourteen days after the appointment of the conciliation
commissioner or the establishment of the conciliation board, or within
such longer period as may be agreed on by the parties or allowed by the
Minister, report to the Minister as to his or its success or failure in
assisting the parties to the dispute and as to his or its findings and
recommendations.
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(2) The report of the majority of the members of a conciliation board
is the report of the conciliation board, except where each member of the
conciliation board makes a report, in which case the report made by the
person appointed by the Minister as a member and chairman of the
conciliation board is the report of the conciliation board.
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77. (1) After a conciliation commissioner or conciliation board has
made his or its report pursuant to section 76, the Minister may forthwith
direct the conciliation commissioner or conciliation board to reconsider
the report and clarify or amplify any part of it.
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(2) Where, pursuant to subsection (1), the Minister directs a
conciliation commissioner or conciliation board to reconsider a report,
the report shall be deemed not to have been received by the Minister
until the Minister receives the revised report.
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78. Where the Minister has received the report of a conciliation
commissioner or a conciliation board, the Minister
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(a) shall forthwith release a copy of the report to the parties to the
dispute; and
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(b) may make the report available to the public in such manner as the
Minister considers advisable.
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79. Where a conciliation commissioner or conciliation board has
been appointed or established in respect of a dispute, the parties, at any
time before the report of the conciliation commissioner or conciliation
board is made, may agree in writing to be bound by the
recommendations of the conciliation commissioner or conciliation
board and, on their making, shall give effect to those recommendations.
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Clause 34: Subsection 80(4) reads as follows:
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(4) Where the terms and conditions of a first collective agreement are
settled by the Board under this section, the agreement shall be effective
for a period of one year from the date on which the Board settles the
terms and conditions of the collective agreement.
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Clause 35: Subsection 82(1) reads as follows:
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82. (1) Where the Minister has, pursuant to section 72 or 74, decided
to establish a conciliation board, the Minister shall forthwith, by notice
in writing, require each of the parties to the dispute to nominate, within
seven days after receipt by the party of the notice, one person to be a
member of the conciliation board and, on receipt of the nomination
within those seven days, the Minister shall appoint the nominee to be a
member of the conciliation board.
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Clause 36: Section 86 reads as follows:
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86. No order shall be made, process entered or proceeding taken in
any court
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(a) to question the appointment or establishment or the refusal to
appoint or establish a conciliation commissioner or conciliation
board; or
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(b) to review, prohibit or restrain any proceeding of a conciliation
commissioner or conciliation board.
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Clause 37: New.
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Clause 38: New.
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Clause 39: Paragraphs 89(1)(e) and (f) are new. The
relevant portion of subsection 89(1) reads as follows:
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89. (1) No employer shall declare or cause a lockout and no trade
union shall declare or authorize a strike unless
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(d) seven days have elapsed after the date on which the Minister
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(i) notified the parties of his intention not to appoint a conciliation
officer or conciliation commissioner or to establish a conciliation
board under subsection 72(1),
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(ii) notified the parties of his intention not to appoint a
conciliation commissioner or to establish a conciliation board
under section 74, or
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(iii) released a copy of the report of a conciliation commissioner
or conciliation board to the parties to the dispute pursuant to
paragraph 78(a).
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Clause 40: The relevant portion of subsection 91(2)
reads as follows:
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(2) Where an employer applies to the Board under subsection (1) for
a declaration that a strike was, is or would be unlawful, the Board may,
after affording the trade union or employees referred to in subsection (1)
an opportunity to be heard on the application, make such a declaration
and, if the employer so requests, may make an order
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Clause 41: The relevant portion of section 92 reads as
follows:
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92. Where a trade union alleges that an employer has declared or
caused or is about to declare or cause a lockout of employees in
contravention of this Part, the trade union may apply to the Board for a
declaration that the lockout was, is or would be unlawful and the Board
may, after affording the employer an opportunity to be heard on the
application, make such a declaration and, if the trade union so requests,
may make an order
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Clause 42: (1) New. The relevant portion of
subsection 94(2) reads as follows:
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(2) An employer is deemed not to contravene subsection (1) by
reason only that he
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(2) New.
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(3) New. The relevant portion of subsection 94(3)
reads as follows:
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(3) No employer or person acting on behalf of an employer shall
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Clause 43: The relevant portion of subsection 97(1)
reads as follows:
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97. (1) Subject to subsections (2) to (5), any person or organization
may make a complaint in writing to the Board that
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(a) an employer, a person acting on behalf of an employer, a trade
union, a person acting on behalf of a trade union or an employee has
contravened or failed to comply with subsection 24(4) or 34(6) or
section 37, 50, 69, 94 or 95; or
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(2) Subsections 97(2) and (3) read as follows:
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(2) Subject to subsections (3) to (5), a complaint pursuant to
subsection (1) shall be made to the Board not later than ninety days after
the date on which the complainant knew, or in the opinion of the Board
ought to have known, of the action or circumstances giving rise to the
complaint.
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(3) Except with the consent in writing of the Minister, no complaint
shall be made to the Board under subsection (1) in respect of an alleged
failure to comply with section 50 or paragraph 94(3)(g) or 95(a) or (b).
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(3) The relevant portion of subsection 97(5) reads as
follows:
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(5) The Board may, on application to it by a complainant, hear a
complaint in respect of an alleged failure by a trade union to comply
with paragraph 95(f) or (g) that has not been presented as a grievance
or appeal to the trade union, if the Board is satisfied that
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Clause 44: (1) Subsections 98(1) and (2) read as
follows:
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98. (1) Subject to subsection (3), on receipt of a complaint made
under section 97, the Board may assist the parties to the complaint to
settle the complaint and shall, where it decides not to so assist the parties
or the complaint is not settled within a period considered by the Board
to be reasonable in the circumstances, hear and determine the
complaint.
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(2) The Board may refuse to hold a public hearing on a complaint
made in respect of an alleged contravention of section 37 or
non-compliance with section 69 if, in the opinion of the Board, such a
hearing would not be consistent with the objectives of this Part.
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(2) Subsection 98(3) reads as follows:
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(3) The Board may refuse to hear and determine any complaint made
pursuant to section 97 in respect of a matter that, in the opinion of the
Board, could be referred by the complainant pursuant to a collective
agreement to an arbitrator or arbitration board.
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Clause 45: Paragraphs 99(1)(b.1) to (b.3) are new. The
relevant portion of subsection 99(1) reads as follows:
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99. (1) Where, under section 98, the Board determines that a party
to a complaint has contravened or failed to comply with subsection
24(4) or 34(6) or section 37, 50, 69, 94, 95 or 96, the Board may, by
order, require the party to comply with or cease contravening that
subsection or section and may
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(a) in respect of a failure to comply with subsection 24(4) or
paragraph 50(b), by order, require an employer to pay to any
employee compensation not exceeding such sum as, in the opinion
of the Board, is equivalent to the remuneration that would, but for
that failure, have been paid by the employer to the employee;
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Clause 46: New.
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Clause 47: New.
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Clause 48: New.
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Clause 49: The heading before section 109 reads as
follows:
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Access to Employer's Premises
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Clause 50: New.
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Clause 51: (1) to (3) The relevant portion of section
111 reads as follows:
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111. The Governor in Council may make regulations
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(c) designating, with respect to any notice, request or consent
authorized or required to be given or sent by the Minister, the officer
who may give or send the notice, request or consent on behalf of the
Minister;
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(f) prescribing the form and content of a request to the Minister for
his consent, pursuant to subsection 97(3), to the making of a
complaint under section 97;
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(g) respecting the filing of a reply by persons named in complaints
referred to in subsection 97(3);
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(h) respecting the investigation or resolution on behalf of the
Minister of complaints referred to in subsection 97(3);
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(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 78(a).
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Clause 52: New.
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Clause 53: Subsection 112(2) reads as follows:
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(2) A certificate purporting to be signed by the Minister or by an
official of the Minister's department stating that a report, request, notice
or consent 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.
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Clause 54: New.
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Clause 55: The definition ``Board'' in subsection
122(1) reads as follows:
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``Board'' means the Canada Labour Relations Board continued by
section 9;
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Clause 56: The heading before section 156 reads as
follows:
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Clause 57: The relevant portion of subsection 156(1)
reads as follows:
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156. (1) Notwithstanding subsection 14(1), any member of the
Board may dispose of any reference or complaint made to the Board
under this Part and, in relation to any reference or complaint so made,
any member
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Clause 58: The relevant portion of subsection 242(2)
reads as follows:
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(2) An adjudicator to whom a complaint has been referred under
subsection (1)
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(c) has, in relation to any complaint before the adjudicator, the
powers conferred on the Canada Labour Relations Board, in relation
to any proceeding before the Board, under paragraphs 16(a), (b) and
(c).
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Clause 62: The long title reads as follows:
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An Act to provide for the reporting of financial and other
statistics relating to the affairs of corporations and
labour unions carrying on activities in Canada
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Clause 63: Section 1 reads as follows:
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1. This Act may be cited as the Corporations and Labour Unions
Returns Act.
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Clause 64: (1) The definition ``union'' or ``labour
union'' in subsection 2(1) reads as follows:
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``union'' or ``labour union'' means any organization of employees that
has as one of its purposes the regulation of relations between
employers and employees and that has a constitution setting out its
objectives and its conditions for membership.
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(2) The definition ``reporting period'' in subsection
2(1) reads as follows:
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``reporting period'', in relation to a corporation, means a fiscal period
of the corporation within the meaning of the Income Tax Act and, in
relation to a union, means, with respect to the return required under
paragraph 12(1)(a), a calendar year and, with respect to the return
required under paragraph 12(1)(b), a fiscal period of the union, and
the fiscal period of the union shall be deemed, for the purposes of this
Act, to end not later than twelve months after its commencement
unless extended with the concurrence of the Minister;
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Clause 65: Part II reads as follows:
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11. This Part applies to every labour union carrying on activities as
such in Canada and
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(a) having a local union or branch in Canada, or
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(b) carrying on activities in Canada independently of any other
labour union,
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except a labour union that, on the last day of the reporting period of the
union in respect of which the description of the union is relevant, had
fewer than one hundred members resident in Canada.
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12. (1) Subject to subsection (3), every labour union to which this
Part applies shall, for each reporting period of the union, file with the
Chief Statistician of Canada, not later than ninety days after the end of
that reporting period,
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(a) a return in the prescribed form containing the prescribed
information including the following particulars:
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(i) the name of the union,
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(ii) the address of the headquarters of the union and, in the case
of a union having its headquarters situated outside Canada, the
address of its principal office in Canada or place to which
communications for the purposes of this Part may be directed,
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(iii) the provisions of the constitution of the union,
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(iv) the name and address of each officer of the union and the
position in the union held by each such officer,
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(v) the name, address and nationality or citizenship of each officer
and employee of the union resident in Canada, other than a person
performing primarily clerical or stenographic duties, and the
position in the union held by, and the manner of election or
appointment of, each such officer and employee,
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(vi) the name and address of each local union or branch of the
union in Canada, the name and address of each officer of any such
local union or branch, and the number of male members and the
number of female members of any such local union or branch,
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(vii) the name of each local union or branch of the union in
Canada under a trusteeship imposed by the union, the date on
which the trusteeship was imposed and the reasons therefor,
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(viii) the name and address of each employer resident in Canada
with which the union or a local union or branch of the union has
a collective agreement, the number of male members and the
number of female members of any local union or branch of the
union covered by the collective agreement and the total number
of employees covered by the collective agreement, and
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(ix) such other particulars relating to the union as may be
prescribed; and
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(i) a set of financial statements for the reporting period, consisting
of
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(A) a balance sheet showing the assets and liabilities of the
union, made up as of the last day of the reporting period,
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(B) a statement of income and expenditure for the reporting
period, and
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(C) a financial statement in respect of each special fund of the
union within a prescribed class of special funds,
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in such form and containing such particulars and other
information relating to the financial position of the union as may
be prescribed, and
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(ii) in the case of a union having its headquarters situated outside
Canada, a statement in the prescribed form and containing such
particulars as may be prescribed showing
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(A) amounts paid or credited to the union in the reporting
period by, on behalf of or in respect of members resident in
Canada, and
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(B) expenditures made by the union in the reporting period
inside or outside Canada and recorded separately in the
accounts of the union as being directly related to its operations
in Canada.
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(2) A labour union having its headquarters situated outside Canada
may, at the same time as it files the return required under paragraph
(1)(b) in respect of a reporting period, file, in addition, a statement
showing all expenditures made by the union in the reporting period
inside or outside Canada for the benefit of members resident in Canada
other than those expenditures reported pursuant to clause (1)(b)(ii)(B).
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(3) Where a labour union ceases to exist during a reporting period,
the last day of the reporting period shall be deemed to be the day on
which the union ceased to exist, and the returns required under
subsection (1) shall be filed not later than thirty days after that day.
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(4) In this section,
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``local union'' means the lowest structural unit of a union that elects its
own slate of officers;
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``special fund'' means a fund set up for a specified purpose and
accounted for in a self-balancing financial statement.
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13. (1) In every return required by this Part to be filed with the Chief
Statistician of Canada, the particulars described in subparagraphs
12(1)(a)(iii) to (viii) shall, subject to subsection (2), be specified therein
as of the last day of the reporting period for which the return is filed.
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(2) Where a union has filed a return for a reporting period specifying,
as of the last day of that reporting period, the particulars described in any
of the subparagraphs referred to in subsection (1), the union is not
bound, in filing a return for a subsequent reporting period, to specify the
same particulars in the absence of any change therein as of the last day
of that subsequent period.
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(3) Each return and each statement comprised in a return required by
this Part to be filed with the Chief Statistician of Canada shall be
certified by the president or a vice-president of the union and by the
secretary or treasurer thereof, or by any of those officers and by any
member of the executive board of the union, as having been examined
by them and as being true, correct and complete.
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(4) Each statement comprised in the return required under paragraph
12(1)(b) to be filed with the Chief Statistician of Canada shall be
accompanied by an auditor's report thereon signed by the auditor by
whom the report was made.
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(5) Where a union has failed to file with the Chief Statistician of
Canada a return for a reporting period as and when required by this Part,
the Minister may, by demand made by registered letter to the senior
executive officer or representative of the union in Canada or any officer
or agent of a local union or branch of the union in Canada, require that
executive officer, representative, officer or agent to file with the Chief
Statistician of Canada, within such reasonable time as is stipulated in the
registered letter, the return required by this Part on behalf of the union.
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14. (1) Every union that fails to file with the Chief Statistician of
Canada a return for a reporting period as and when required by this Part
is guilty of an offence and liable on summary conviction to a fine not
exceeding two hundred and fifty dollars for each day of the default.
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(2) A prosecution for an offence under this section may be brought
against a union in the name of the union and, for the purposes of any
such prosecution, a union shall be deemed to be a person and any act or
thing done or omitted to be done by an officer or agent of the union
acting within the scope of the authority of the officer or agent to act on
behalf thereof shall be deemed to be an act or thing done or omitted to
be done by the union.
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(3) Where a union commits an offence under this section, every
officer, member of the executive board or agent of the union who
directed, authorized, assented to, acquiesced in or participated in the
commission of the offence is a party to and guilty of the offence and is
liable on summary conviction to the fine provided by subsection (1) for
the offence or to imprisonment for a term not exceeding three months
or to both, whether or not the union has been prosecuted or convicted.
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15. Every person who fails to comply with any demand made to that
person under subsection 13(5) is guilty of an offence and liable on
summary conviction to the punishment provided by subsection 14(3)
for an offence under section 14, whether or not the union or any other
person has been prosecuted or convicted therefor.
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Clause 66: Section 16 reads as follows:
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16. (1) The information contained in any return filed by a
corporation pursuant to section 4 shall be made available to the Minister
of Industry and the information contained in any return filed by a union
pursuant to paragraph 12(1)(a) shall be made available to the Minister
of Labour, and that information shall be made available by the Minister
of Industry or the Minister of Labour, as the case may be, 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
or union, as may be prescribed.
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(2) The Chief Statistician of Canada may at any time provide, free of
charge, any department or agency of the Government of Canada or the
government of any province with any information obtained from
returns filed by unions pursuant to paragraph 12(1)(a) and any such
department or agency may publish any information so provided.
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Clause 67: The relevant portion of subsection 18(1)
reads as follows:
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18. (1) Except as provided in section 19, all information contained
in a return filed by a corporation pursuant to section 5 or 6 or by a labour
union pursuant to paragraph 12(1)(b) or subsection 12(2) is privileged
and no official or authorized person shall knowingly
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Clause 68: Sections 21 and 22 read as follows:
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21. In any prosecution for an offence under Part I or II, 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, union 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 therein.
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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 and unions for reporting periods coinciding with
or ending in that year, and shall cause the report to be laid before
Parliament forthwith 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.
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(2) In any report described in subsection (1), the statistical summary
and analysis contained therein 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 or by a union pursuant to
paragraph 12(1)(b) or subsection 12(2).
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Clause 69: The relevant portion of subsection 23(1)
reads as follows:
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23. (1) The Governor in Council may make regulations
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(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 and by labour unions filing returns pursuant to section 12;
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Clause 72: The heading before section 6 and sections
6 and 7 read as follows:
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6. (1) Subject to subsection (2), where the Minister has sold, leased
or otherwise transferred an airport to a designated airport authority, a
collective agreement or arbitral award that applies to any designated
employees for the airport and is in force on the transfer date shall
continue thereafter in force until its term expires, and the Public Service
Staff Relations Act continues to apply in all respects to the interpretation
and application of the agreement or award.
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(2) Subsections 47(2) to (7) of the Canada Labour Code apply in
respect of a collective agreement or arbitral award continued by
subsection (1) as if it were a collective agreement referred to in those
subsections.
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(3) For greater certainty, a collective agreement or arbitral award
continued by subsection (1) is deemed to be a collective agreement
within the meaning of section 49 of the Canada Labour Code, and Part
I of that Act, other than section 80, applies in respect of the renewal or
revision of the collective agreement or the entering into of a new
collective agreement.
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7. (1) Where the Minister has sold, leased or otherwise transferred an
airport to a designated airport authority and, prior to the transfer date,
notice to bargain collectively has been given in respect of a collective
agreement or arbitral award binding on any designated employees for
the airport, the terms and conditions of employment that are continued
immediately prior to that date, or that were last continued prior thereto,
in respect of those employees by section 52 of the Public Service Staff
Relations Act shall continue or resume in force on and after that date and
shall be observed by the authority, the bargaining agent for those
employees and those employees until the requirements of paragraphs
89(1)(a) to (d) of the Canada Labour Code have been met, unless the
authority and the bargaining agent agree otherwise.
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(2) The Public Service Staff Relations Act applies in all respects to
the interpretation and application of any term or condition continued or
resumed by subsection (1).
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(3) On application by a designated airport authority or bargaining
agent to which subsection (1) applies, made within thirty days after the
transfer date, the Canada Labour Relations Board shall make an order
determining
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(a) whether the designated employees of the authority represented
by the bargaining agent constitute one or more units appropriate for
collective bargaining; and
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(b) which trade union shall be the bargaining agent for the designated
employees in each such unit.
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(4) Where the Canada Labour Relations Board has made an order
under subsection (3), the designated airport authority, as employer, or
the bargaining agent may, by notice, require the other to commence
collective bargaining for the purpose of entering into a collective
agreement.
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(5) Part I of the Canada Labour Code, other than section 80, applies
in respect of a notice given under subsection (4) as if the notice had been
given under that Part.
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Clause 73: The relevant portion of subsection 28(1)
reads as follows:
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28. (1) The Court of Appeal has jurisdiction to hear and determine
applications for judicial review made in respect of any of the following
federal boards, commissions or other tribunals:
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(h) the Canada Labour Relations Board continued by the Canada
Labour Code;
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Clause 76: (1) The relevant portion of subsection
41(3) reads as follows:
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(3) On application by a museum or bargaining agent to which
subsection (1) applies, made within thirty days after the coming into
force of this Act, the Canada Labour Relations Board shall make an
order determining
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(2) Subsection 41(4) as follows:
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(4) Where the Canada Labour Relations Board has made an order
under subsection (3), the museum, as employer, or the bargaining agent
may, by notice, require the other to commence collective bargaining for
the purpose of entering into a collective agreement.
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Clause 83: The relevant portion of subsection 9(3)
reads as follows:
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(3) This Part does not apply, in respect of work undertaken in the
course of employment, to
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(b) employees, within the meaning of Part I of the Canada Labour
Code, including those determined to be employees by the Canada
Labour Relations Board, and members of a bargaining unit that is
certified by that Board.
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Clause 84: Subsection 60(2) reads as follows:
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(2) A certificate, purporting to be signed by the Minister or an official
of the Department of Human Resources Development, stating that any
document referred to in this Part was or was not received or given by the
Minister pursuant to this Part and, if received or given, stating the date
that it was received or given, is admissible in evidence in any court
without proof of the signature or official character of the Minister or
official, or any further proof.
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