Bill C-453

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First Reading

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-453
	An Act to amend the Canada Labour Code, the Public Service Employment Act and the Public Service Staff Relations Act (trade union membership to be optional)
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title	1. This Act may be cited as the Right to Work Act.
	CANADA LABOUR CODE
	*2. The definitions ``bargaining agent'' and ``unit'' in section 3 of the Canada Labour Code* are replaced by the following:**
``bargaining agent'' « agent négociateur »	``bargaining agent'' means
	(a) a trade union that has been certified by the Board as the bargaining agent for those employees in a bargaining unit who have not given a notice pursuant to section 4(2), or
	(b) any other trade union that has entered into a collective agreement on behalf of those employees in a bargaining unit who have not given a notice pursuant to section 4(2),
	(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;
``unit'' « unité »	``unit'' means a group of two or more employees who have not given a notice pursuant to section 4(2).
	3. Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following:
Notice re representa- tion	(2) Any employee who does not wish to be represented by a trade union may give written notice to the employer at any time, and after such notice, this Part shall no longer apply to the employee. Where such notice has been given and subsequently revoked by the employee, another notice under this subsection may not be given until a year has passed since the previous notice was revoked.
Revocation	(3) A notice given under subsection (2) may be revoked by written notice to the employer given no sooner than one year after the notice under subsection (2).
	4. Section 8 of the Act is amended by adding the following after subsection (2):
Deduction of union dues	(3) Nothing in this Act authorizes the deduction of dues or fees payable to a trade union or employee organization from a payment of wages or salary due to an employee and no such deduction shall be made in respect of wages or salary due on or after July 1, 2001 and any provision of an agreement or collective agreement that authorizes such a deduction is void with effect from that date.
	5. The Act is amended by adding the following after section 8:
Union membership optional	8.1 Nothing in this Act requires an employee to join a trade union or entitles a trade union to represent an employee who has given a notice under subsection 4(2).
	PUBLIC SERVICE EMPLOYMENT ACT
	*6. Section 12 of the Public Service Employment Act* is amended by adding the following after subsection (3):**
No discrimina- tion re union membership	(3.1) In selecting a person for appointment the Commission shall not discriminate against any person on the basis that the person is or is not or wishes or does not wish to become a member of a trade union.
	PUBLIC SERVICE STAFF RELATIONS ACT
	*7. The definition ``bargaining agent'' in section 2 of the Public Service Staff Relations Act* is replaced by the following:**
``bargaining agent'' « agent négociateur »	``bargaining agent'' means an employee organization that has been certified by the Board as the bargaining agent for employees in a bargaining unit who have not given notice under section 6(3), and the certification of which has not been revoked;
	8. Section 6 of the Act is renumbered as subsection 6(1) and is amended by adding the following:
Union membership optional	(2) Nothing in this Act requires an employee to join a trade union or entitles a trade union to represent an employee who has given a notice under subsection (3).
Notice re representa- tion	(3) Any employee who does not wish to be represented by a trade union may give written notice to the employer at any time, and after such notice, the employee shall not be represented by a bargaining agent. Where such a notice has been given and subsequently revoked by the employee, another notice under this subsection may not be given until a year has passed since the previous notice was revoked.
Revocation	(4) A notice given under subsection (3) may be revoked by written notice to the employer given no sooner than one year after the notice under subsection (3).
	9. The Act is amended by adding the following after section 59:
Deduction of union dues	59.1 Nothing in this Act authorizes the deduction of dues or fees payable to a trade union or employee organization from a payment of wages or salary due to an employee and no such deduction shall be made in respect of wages or salary due on or after July 1, 2001 and any provision of an agreement or collective agreement that authorizes such a deduction is void with effect from that date.

Bill C-453

BILL C-453

CANADA LABOUR CODE

PUBLIC SERVICE EMPLOYMENT ACT

PUBLIC SERVICE STAFF RELATIONS ACT