Bill C-436
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-436 |
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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)
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| Short title
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1. This Act may be cited as the Right to
Work Act.
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CANADA LABOUR CODE |
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| R.S., c. L-2;
R.S., cc. 9, 27
(1st Supp.), c.
32 (2nd
Supp.), cc. 24,
43 (3rd
Supp.), c. 26
(4th Supp.);
1989, c. 3;
1990, cc. 8,
44; 1991, c.
39; 1992, c. 1;
1993, cc. 28,
38, 42; 1994,
cc. 10, 41;
1996, cc. 10,
11, 12, 18, 31,
32; 1997, c. 9;
1998, cc. 10,
20, 26; 1999,
cc. 28, 31
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2. The definitions ``bargaining agent''
and ``unit'' in section 3 of the Canada
Labour Code are replaced by the following:
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| ``bargaining
agent'' « agent négociateur »
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``bargaining agent'' means
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| ``unit'' « unité »
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``unit'' means a group of two or more
employees who have not given a notice
pursuant to section 4(2).
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3. Section 4 of the Act is renumbered as
subsection 4(1) and is amended by adding
the following:
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| Notice re
representa- tion
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(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passed since the previous notice was revoked.
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| Revocation
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(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).
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4. Section 8 of the Act is amended by
adding the following after subsection (2):
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| Deduction of
union dues
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(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 from July 1, 2000 and any provision of
an agreement or collective agreement that
authorizes such a deduction is void with effect
from that date.
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5. The Act is amended by adding the
following after section 8:
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| Union
membership
optional
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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).
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PUBLIC SERVICE EMPLOYMENT ACT |
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| R.S. c. P-33
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6. Section 12 of the Public Service
Employment Act is amended by adding the
following after subsection (3):
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| No
discrimina- tion re union membership
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(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.
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PUBLIC SERVICE STAFF RELATIONS ACT |
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| R.S., c. P-35;
R.S., c. 19
(2nd Supp.),
cc. 18, 20, 28
(3rd Supp.),
cc. 1, 7, 28,
41, 47 (4th
Supp.); 1989,
c. 3; 1990, cc.
3, 13; 1991,
cc. 6, 16, 38;
1992, cc. 1,
37, 54; 1993,
cc. 1, 3, 28,
34, 42; 1994,
c. 26; 1995,
cc. 1, 18, 29;
1996, cc. 9,
10, 11, 18;
1997, cc. 6, 9;
1998, cc. 9,
26, 31, 35;
1999, c. 17,
26
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7. The definition ``bargaining agent'' in
section 2 of the Public Service Staff
Relations Act is replaced by the following:
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| ``bargaining
agent'' « agent négociateur »
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``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.
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8. Section 6 of the Act is renumbered as
subsection 6(1) and is amended by adding
the following:
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| Union
membership
optional
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(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).
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| Notice re
representa- tion
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(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.
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| Revocation
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(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).
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9. The Act is amended by adding the
following after section 59:
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| Deduction of
union dues
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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 from July 1, 2000 and any provision of
an agreement or collective agreement that
authorizes such a deduction is void with effect
from that date.
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