ENGLISH
• SUMMARY
SUMMARY
• Canada Labour Code
Canada Labour Code
• Parliamentary Employment and Staff Relations Act
Parliamentary Employment and Staff Relations Act
• Public Service Labour Relations Act
Public Service Labour Relations Act
• Income Tax Act
Income Tax Act
• Transitional Provisions
Transitional Provisions
• Coming into Force
Coming into Force
• EXPLANATORY NOTES
EXPLANATORY NOTES

SUMMARY

R.‍S.‍, c. L-2

Canada Labour Code

2014, c. 40, s. 2

1 Section 28 of the Canada Labour Code is replaced by the following:

2 (1) Section 29 of the Act is amended by adding the following before subsection (1.‍1):

(2) Section 29 of the Act is amended by adding the following after subsection (1.‍1):

2014, c. 40, s. 4(1)

3 (1) Subsection 38(1) of the Act is replaced by the following:

2014, c. 40, s. 4(2)

(2) Subsection 38(3) of the Act is replaced by the following:

2014, c. 40, s. 5

4 Section 39 of the Act is replaced by the following:

R.‍S.‍, c. 33 (2nd Supp.‍)

Parliamentary Employment and Staff Relations Act

2014, c. 40, s. 6

5 Section 25 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

2014, c. 40, s. 7(1)

6 (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

(2) Section 26 of the Act is amended by adding the following after subsection (1):

2014, c. 40, s. 7(3)

(3) The portion of subsection 26(3) of the Act before paragraph (a) is replaced by the following:

2014, c. 40, s. 8(1)

7 (1) Subsection 29(1) of the Act is replaced by the following:

2014, c. 40, s. 8(2)

(2) Subsections 29(3) to (5) of the Act are replaced by the following:

2003, c. 22, s. 2

Public Service Labour Relations Act

2014, c. 40, s. 9

8 Subsections 64(1) and (1.‍1) of the Public Service Labour Relations Act are replaced by the following:

9 Section 65 of the Act is amended by adding the following before subsection (2):

2014, c. 40, s. 11

10 Subsection 94(1) of the Act is replaced by the following:

2014, c. 40, s. 12

11 Sections 95 and 96 of the Act are replaced by the following:

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

12 Section 149.‍01 of the Income Tax Act is repealed.

13 Subsection 239(2.‍31) of the Act is repealed.

Transitional Provisions

Canada Labour Code — existing applications

14 If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)‍(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Parliamentary Employment and Staff Relations Act — existing applications

15 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 5 comes into force, received an application for certification referred to in paragraph 25(2)‍(a) of the Parliamentary Employment and Staff Relations Act or an application for a declaration made under subsection 29(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Public Service Labour Relations Act — existing applications

16 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 8 comes into force, received an application for certification referred to in paragraph 64(1.‍1)‍(a) of the Public Service Labour Relations Act or an application for a declaration made under subsection 94(1) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Coming into Force

Third day after royal assent

17 This Act, other than sections 12 and 13, comes into force on the third day after the day on which it receives royal assent.

EXPLANATORY NOTES

28 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a unit who have cast a ballot have voted to have a trade union represent them as their bargaining agent, the Board shall, subject to this Part, certify the trade union as the bargaining agent for the unit.

(2) The Board shall order that a secret ballot representation vote be taken among the employees in a unit if the Board

• (a) has received from a trade union an application for certification as the bargaining agent for the unit;

• (b) has determined that the unit constitutes a unit appropriate for collective bargaining; and

• (c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the trade union represent them as their bargaining agent.

38 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent at least 40% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union.

(3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent at least 40% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit.

39 If the Board has received an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, the Board shall grant the order if

• (a) it is satisfied on the basis of written evidence that, as of the date of the filing of the application, at least 40% of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, and

• (b) it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the bargaining agent.

25 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have an employee organization represent them as their bargaining agent, the Board shall, subject to this Part, certify the employee organization as bargaining agent for the employees in the unit.

(2) The Board shall direct that a secret ballot representation vote be taken among a group of employees if the Board

• (a) has received from an employee organization an application for certification as bargaining agent for a bargaining unit in accordance with this Part;

• (b) has determined, in accordance with section 23, that the group of employees constitutes a unit appropriate for collective bargaining;

• (c) is satisfied on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent; and

• (d) is satisfied that the persons representing the employee organ-ization in the making of the application have been duly authorized to make the application.

26 (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in subsection 25(1) and paragraphs 25(2)‍(c) and (d), the Board may

(3) If the Board directs that a representation vote be taken, the Board shall

29 (1) If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 40% of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

(3) If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 40% of the employees in the bargaining unit may, at any time after the expiration of twelve months from the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

(4) On an application under subsection (1) or (3), if the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection (1) or (3), as the case may be, at least 40% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a secret ballot representation vote be taken. The provisions of subsection 26(3) apply in relation to the taking of the vote.

(5) On an application under subsection (1) or (3), if after conducting the secret ballot representation vote referred to in subsection (4), the Board is satisfied that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

64 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part, certify the employee organization as the bargaining agent for the unit.

(1.‍1) After having determined a unit appropriate for collective bargaining, the Board must order that a secret ballot representation vote be taken among the employees in the unit if it is satisfied

• (a) on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent;

• (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and

• (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

94 (1) Any person claiming to represent at least 40% of the employees in the bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

95 If the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection 94(1), at least 40% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a representation vote be taken. The provisions of subsection 65(2) apply in relation to the taking of the vote.

96 If, after conducting the representation vote referred to in section 95, the Board is satisfied that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

149.‍01 (1) The following definitions apply in section 149 and in this section.

labour organization includes a labour society and any organization formed for purposes which include the regulation of relations between employers and employees, and includes a duly organized group or federation, congress, labour council, joint council, conference, general committee or joint board of such organizations. (organisation ouvrière)

labour relations activities means activities associated with the preparation for, and participation in, the negotiation of collective bargaining agreements and the administration and enforcement of collective agreements to which the labour organization is a signatory. (activités de relations de travail)

labour trust means a trust or fund in which a labour organization has a legal, beneficial or financial interest or that is established or maintained in whole or in part for the benefit of a labour organization, its members or the persons it represents. (fiducie de syndicat)

(2) Every labour organization and every labour trust shall, by way of electronic filing (as defined in subsection 150.‍1(1)) and within six months from the end of each fiscal period, file with the Minister an information return for the year, in prescribed form and containing prescribed information.

(3) The information return referred to in subsection (2) shall include:

• (a) a set of financial statements for the fiscal period, in such form and containing such particulars and other information as may be prescribed relating to the financial position of the labour organization or labour trust, including

  • (i) a balance sheet showing the assets and liabilities of the labour organization or labour trust made up as of the last day of the fiscal period, and

  • (ii) a statement of income and expenditures of the labour organization or labour trust for the fiscal period;

• (b) a set of statements for the fiscal period setting out the aggregate amount of all transactions and all disbursements — or book value in the case of investments and assets — with all transactions and all disbursements, the cumulative value of which in respect of a particular payer or payee for the period is greater than $5,000, shown as separate entries along with the name of the payer and payee and setting out for each of those transactions and disbursements its purpose and description and the specific amount that has been paid or received, or that is to be paid or received, and including

  • (i) a statement of accounts receivable,

  • (ii) a statement of loans exceeding $250 receivable from officers, employees, members or businesses,

  • (iii) a statement showing the sale of investments and fixed assets including a description, cost, book value, and sale price,

  • (iv) a statement showing the purchase of investments and fixed assets including a description, cost, book value, and price paid,

  • (v) a statement of accounts payable,

  • (vi) a statement of loans payable,

  • (vii) a statement of disbursements to officers, directors and trustees, to employees with compensation over $100,000 and to persons in positions of authority who would reasonably be expected to have, in the ordinary course, access to material information about the business, operations, assets or revenue of the labour organization or labour trust, including gross salary, stipends, periodic payments, benefits (including pension obligations), vehicles, bonuses, gifts, service credits, lump sum payments, other forms of remuneration and, without limiting the generality of the foregoing, any other consideration provided,

  • (vii.‍1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (vii) to each of political activities, lobbying activities and other non-labour relations activities,

  • (viii) a statement with the aggregate amount of disbursements to employees and contractors including gross salary, stipends, periodic payments, benefits (including pension obligations), vehicles, bonuses, gifts, service credits, lump sum payments, other forms of remuneration and, without limiting the generality of the foregoing, any other consideration provided,

  • (viii.‍1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (viii) to each of political activities, lobbying activities and other non-labour relations activities,

  • (ix) a statement with the aggregate amount of disbursements on labour relations activities,

  • (x) a statement of disbursements on polit­ical activities,

  • (xi) a statement of disbursements on lobbying activities,

  • (xii) a statement of contributions, gifts, and grants,

  • (xiii) a statement with the aggregate amount of disbursements on administration,

  • (xiv) a statement with the aggregate amount of disbursements on general overhead,

  • (xv) a statement with the aggregate amount of disbursements on organizing activities,

  • (xvi) a statement with the aggregate amount of disbursements on collective bargaining activities,

  • (xvii) a statement of disbursements on conference and convention activities,

  • (xviii) a statement of disbursements on education and training activities,

  • (xix) a statement with the aggregate amount of disbursements on legal activities, excluding information protected by solicitor-client privilege,

  • (xix.‍1) a statement of disbursements (other than disbursements included in a statement referred to in any of subparagraphs (iv), (vii), (viii) and (ix) to (xix)) on all activities other than those that are primarily carried on for members of the labour organization or labour trust, excluding information protected by solicitor-client privilege, and

  • (xx) any other prescribed statements;

• (c) a statement for the fiscal period listing the sales of investments and fixed assets to, and the purchases of investments and fixed assets from, non-arm’s length parties, including for each property a description of the property and its cost, book value and sale price;

• (d) a statement for the fiscal period listing all other transactions with non-arm’s length parties; and

• (e) in the case of a labour organization or labour trust having its headquarters situated outside Canada, a statement in the prescribed form and containing such particulars as may be prescribed showing

  • (i) amounts paid or credited to the labour organization or labour trust in the fiscal period by, on behalf of or in respect of taxpayers resident in Canada, and

  • (ii) expenditures made by the labour organization or labour trust in the fiscal period inside or outside Canada and recorded separately in the accounts of the labour organization or labour trust as being directly related to its operations in Canada.

(4) Despite section 241, the information contained in the information return referred to in subsection 149.‍01(2) shall be made available to the public by the Minister, including publication on the departmental Internet site in a searchable format.

(5) For greater certainty, a disbursement referred to in any of subparagraphs (3)‍(b)‍(viii) to (xx) includes a disbursement made through a third party or contractor.

(6) Subsection (2) does not apply to

• (a) a labour-sponsored venture capital corporation; and

• (b) a labour trust the activities and operations of which are limited exclusively to the administration, management or investments of a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan.

(7) Subsection (3) does not require the reporting of

• (a) information, regarding disbursements and transactions of, or the value of investments held by, a labour trust (other than a trust described in paragraph (6)‍(b)), that is limited exclusively to the direct expenditures or transactions by the labour trust in respect of a plan, trust or policy described in paragraph (6)‍(b);

• (b) the address of a person in respect of whom paragraph (3)‍(b) applies; or

• (c) the name of a payer or payee in respect of a statement referred to in any of subparagraphs (3)‍(b)‍(i), (v), (ix), (xiii) to (xvi) and (xix).

(2.‍31) Every labour organization or labour trust that contravenes section 149.‍01 is guilty of an offence and liable on summary conviction to a fine of $1,000 for each day that it fails to comply with that section, to a maximum of $25,000.