Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Canada Labour Code .
Section 2 — Definitions
In this Act, Board means the Canada Industrial Relations Board established by section 9; ( Conseil ) external adjudicator means a person appointed under subsection 12.001(1); ( arbitre externe )…
Section 3 — Definitions
In this Part, arbitration board means an arbitration board constituted by or pursuant to a collective agreement or by agreement between the parties to a collective agreement and includes an…
Section 4 — Application of Part
This Part applies in respect of employees who are employed on or in connection with the operation of any federal work, undertaking or business, in respect of the employers of all such employees in…
Section 5 — Crown corporations
This Part applies in respect of any corporation established to perform any function or duty on behalf of the Government of Canada and in respect of the employees of any such corporation, except any…
Section 5.1 — Canadian carriers
This Part applies in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act , that is an agent of Her Majesty in right of a province and in respect of the employees of…
Section 6 — Employees of Her Majesty
Except as provided by section 5, this Part does not apply in respect of employment by Her Majesty in right of Canada.
Section 6.1 — Presumption
A person — other than a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations — who is paid remuneration by an employer is…
Section 6.2 — Burden of proof
If, in any proceeding under this Part other than a prosecution, an employer alleges that a person is not their employee, the burden of proof is on the employer.
Section 7 — Major projects
Nothing in this Part shall be construed so as to prevent the establishment of agreements on a project basis and where all the parties in a collective bargaining relationship identify themselves to…
Section 8 — Employee freedoms
Every employee is free to join the trade union of their choice and to participate in its lawful activities. Every employer is free to join the employers’ organization of their choice and to…
Section 9 — Establishment of Board
A board is established, to be known as the Canada Industrial Relations Board. The Board is composed of a Chairperson, to hold office on a full-time basis; two or more Vice-Chairpersons, to hold…
Section 10 — Appointment of Chairperson and Vice-Chairpersons
The Chairperson and Vice-Chairpersons of the Board are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding…
Section 10.1 — Residence of members
The full-time members of the Board must reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance from the National Capital Region that is…
Section 11 — Full-time occupation
The full-time members of the Board must not hold any other employment or office in respect of which they receive any remuneration. A part-time Vice-Chairperson, or a member appointed pursuant to…
Section 12 — Reappointment
A member of the Board is eligible for reappointment on the expiration of any term of office in the same or another capacity. Where a member of the Board ceases to be a member of the Board for any…
Section 12.001 — Appointment of external adjudicator
The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under section 87.4 or Part II, III or IV. An…
Section 12.01 — Functions of Chairperson
The Chairperson has supervision over and direction of the work of the Board, including the assignment and reassignment of matters that the Board is seized of to panels; the composition of panels and…
Section 12.02 — Meetings
The Chairperson convenes and presides over any meeting of the Board concerning the making of regulations under section 15. For the purposes of subsection (1), the following persons constitute a…
Section 12.03 — Acting Chairperson
If the Chairperson of the Board is absent or unable to act or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister acts as Chairperson for the time being, and a…
Section 12.04 — Remuneration
The full-time members of the Board shall be paid any remuneration, and the part-time members of the Board and members of the Board carrying out duties and responsibilities under subsection 12(2)…
Section 12.05 — Compensation
Each member of the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any…
Section 12.051 — Limitation of liability
The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in…
Section 12.06 — Inquiries
The Chairperson may request the Minister to decide whether any member of the Board should be subject to remedial or disciplinary measures for any reason set out in paragraphs 12.14(2)(a) to (d).
Section 12.07 — Measures
On receipt of the request, the Minister may take one or more of the following measures: obtain, in an informal and expeditious manner, any information that the Minister considers necessary; refer the…
Section 12.08 — Appointment of inquirer
On receipt of a request referred to in paragraph 12.07(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct the inquiry.
Section 12.09 — Powers
The judge has all the powers, rights and privileges that are vested in a superior court, including the power to issue a summons requiring any person to appear at the time and place mentioned in the…
Section 12.10 — Staff
The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their…
Section 12.11 — Inquiry in public
Subject to subsections (2) and (3), an inquiry must be conducted in public. The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to…
Section 12.12 — Rules of evidence
In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers…
Section 12.13 — Right to be heard
The member who is the subject of the inquiry must be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and must be given an opportunity, in person…
Section 12.14 — Report to Minister
After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister. The judge may, in the report, recommend that the…
Section 12.15 — Transmission of report to Governor in Council
Where the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council, who may, where the Governor in Council…
Section 13 — Head office
The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act .
Section 13.1
[Repealed, 2014, c. 20, s. 417]
Section 14 — Panels
Subject to subsections (3) and (3.1), a panel of not fewer than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board…
Section 14.1 — Continuation of proceeding
In the event of the death or incapacity of a member of a panel formed under subsection 14(1) who represents either employees or employers, the chairperson of the panel may determine any matter that…
Section 14.2 — Decision of panel
A decision made by a majority of the members of a panel or, where there is no majority, by the chairperson of the panel is a decision of the Board. If a decision is to be made under this Part, the…
Section 15 — Regulations
The Board may make regulations of general application respecting the establishment of rules of procedure for its pre-hearing proceedings and hearings; the use of means of telecommunication that…
Section 15.1 — General power to assist parties
The Board, any member of the Board or any external adjudicator — or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board — may, if the parties agree,…
Section 16 — Powers of Board
The Board has, in relation to any proceeding before it, power to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents…
Section 16.1 — Determination without oral hearing
The Board may decide any matter before it without holding an oral hearing.
Section 17 — Determination of the wishes of the majority of the employees
Where the Board is required, in connection with any application made under this Part, to determine the wishes of the majority of the employees in a unit, it shall determine those wishes as of the…
Section 18 — Review or amendment of orders
The Board may review, rescind, amend, alter or vary any order or decision made by it, and may rehear any application before making an order in respect of the application.
Section 18.1 — Review of structure of bargaining units
On application by the employer or a bargaining agent, the Board may review the structure of the bargaining units if it is satisfied that the bargaining units are no longer appropriate for collective…
Section 19 — Application of orders
Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any…
Section 19.1 — Interim orders
The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the…
Section 20 — Interim decision
Where, in order to dispose finally of an application or complaint, it is necessary for the Board to determine two or more issues arising therefrom, the Board may, if it is satisfied that it can do so…
Section 21 — Exercise of powers, duties and functions
The Board shall exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or that may be incidental to the attainment of the objects of this Act,…
Section 22 — Order and decision final
Subject to this Part and to any regulations made under paragraph 111.01(1)(g), every order or decision made by the Board under this Part is final and is not to be questioned or reviewed in any court,…