Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 67 — Term of collective agreement
Where a collective agreement contains no provision as to its term or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the date on which…
Section 68 — Collective agreement may contain certain provisions
Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision requiring, as a condition of employment, membership in a specified trade…
Section 69 — Definition of referral
In this section, referral includes assignment, designation, dispatching, scheduling and selection. Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to…
Section 70 — Union dues to be deducted
Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the…
Section 70.1 — Federal Mediation and Conciliation Service
The Federal Mediation and Conciliation Service, the employees of which are employees of the Department of Employment and Social Development, advises the Minister of Labour with respect to industrial…
Section 71 — Notice of dispute
Where a notice to commence collective bargaining has been given under this Part, either party may inform the Minister, by sending a notice of dispute, of their failure to enter into, renew or revise…
Section 72 — Options of Minister
The Minister shall, not later than fifteen days after receiving a notice in writing under section 71, appoint a conciliation officer; appoint a conciliation commissioner; establish a conciliation…
Section 73 — Delivery of notice to conciliation officer
Where a conciliation officer has been appointed under subsection 72(1), the Minister shall forthwith deliver to the officer a copy of the notice given under section 71 in respect of the dispute.…
Section 74 — Delivery of notice
Where a conciliation commissioner has been appointed or a conciliation board has been established, the Minister must immediately deliver to the conciliation commissioner or the members of the…
Section 75 — Time limits
Except with the consent of the parties, the Minister may not extend the time for a conciliation officer to report, or for a conciliation commissioner or conciliation board to submit a report, beyond…
Section 76 — Reconsideration of report
After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to reconsider the report and clarify or…
Section 77 — Release of report
After receiving the report of a conciliation commissioner or conciliation board, the Minister immediately releases a copy of the report to the parties to the dispute; and may make the report…
Section 78 — Report binding by agreement
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…
Section 79 — Agreement
Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or…
Section 80 — Minister may refer dispute to Board
Where an employer or a bargaining agent is required, by notice given under section 48, to commence collective bargaining for the purpose of entering into the first collective agreement between the…
Section 81 — Composition
A conciliation board shall consist of three members appointed in the manner specified in section 82. A person is not eligible to be a member of a conciliation board if the person has a pecuniary…
Section 82 — Nomination by parties
Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to…
Section 83 — Notification to parties of establishment of board
When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the…
Section 84 — Powers of board
A conciliation commissioner or a conciliation board may determine their own procedure; has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding…
Section 85 — Sittings
The chairperson of a conciliation board shall after consultation with the other members of the board, fix the time and place of sittings of the conciliation board; notify the parties to the dispute…
Section 86 — Proceedings prohibited
No order shall be made, process entered or proceeding taken in any court to question the appointment of, or refusal to appoint, a conciliation officer or conciliation commissioner, or the…
Section 87 — Report and testimony not evidence
No report of a conciliation commissioner or conciliation board, and no testimony or record of proceedings before a conciliation commissioner or conciliation board, are admissible in evidence in any…
Section 87.1 — Definitions
The following definitions apply in this Division. employer includes an employers’ organization. ( employeur ) trade union includes a council of trade unions. ( syndicat )
Section 87.2 — Strike notice
Unless a lockout not prohibited by this Part has occurred, a trade union must give notice to the employer, at least seventy-two hours in advance, indicating the date on which a strike will occur, and…
Section 87.3 — Secret ballot — strike vote
Unless a lockout not prohibited by this Part has occurred, a trade union may not declare or authorize a strike unless it has, within the previous sixty days, or any longer period that may be agreed…
Section 87.4 — Maintenance of activities
During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of services, operation of facilities or…
Section 87.5 — Rights unaffected
Where the Board has received an application pursuant to subsection 87.4(4) or a question has been referred to the Board pursuant to subsection 87.4(5), the employer must not alter the rates of pay or…
Section 87.6 — Reinstatement of employees after strike or lockout
At the end of a strike or lockout not prohibited by this Part, the employer must reinstate employees in the bargaining unit who were on strike or locked out, in preference to any other person.
Section 87.7 — Services to grain vessels
During a strike or lockout not prohibited by this Part, an employer in the long-shoring industry, or other industry included in paragraph (a) of the definition federal work, undertaking or business…
Section 88 — Definitions
In this Division, employer includes an employers’ organization; ( employeur ) trade union includes a council of trade unions. ( syndicat )
Section 88.1 — Strikes and lockouts prohibited during term of collective agreement
Strikes and lockouts are prohibited during the term of a collective agreement except if a notice to bargain collectively has been given pursuant to a provision of this Part, other than subsection…
Section 89 — No strike or lockout until certain requirements met
No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless the employer or trade union has given notice to bargain collectively under this Part; the…
Section 90 — Right to strike or lockout limited during period between Parliaments
Where a strike or lockout not prohibited by this Part occurs or may occur during the time commencing on the date of a dissolution of Parliament and ending on the date fixed for the return of the…
Section 91 — Employer may apply for declaration that strike unlawful
Where an employer alleges that a trade union has declared or authorized a strike, or that employees have participated, are participating or are likely to participate in a strike, the effect of which…
Section 92 — Declaration that lockout unlawful and prohibition of lockout
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…
Section 93 — Terms and duration of order
An order made under section 91 or 92 shall be in such terms as the Board considers necessary and sufficient to meet the circumstances of the case; and subject to subsection (2), shall have effect for…
Section 94 — Employer interference in trade union
No employer or person acting on behalf of an employer shall participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or…
Section 95 — Prohibitions relating to trade unions
No trade union or person acting on behalf of a trade union shall seek to compel an employer to bargain collectively with the trade union if the trade union is not the bargaining agent for a…
Section 96 — General prohibition
No person shall seek by intimidation or coercion to compel a person to become or refrain from becoming or to cease to be a member of a trade union.
Section 96.1 — Prohibition
An employer is prohibited from treating an employee as if they were not their employee.
Section 97 — Complaints to the Board
Subject to subsections (2) to (5), any person or organization may make a complaint in writing to the Board that an employer, a person acting on behalf of an employer, a trade union, a person acting…
Section 98 — Duty and power of the Board
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…
Section 99 — Board orders
If, 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), section 37, 47.3, 50 or 69, subsection 87.5(1) or (2),…
Section 99.01 — Time limit
Despite subsection 14.2(2), if a complaint is made under section 97 in respect of an alleged failure by an employer or a person acting on behalf of an employer to comply with subsection 94(4) or (6),…
Section 99.1 — Certification
The Board may certify a trade union despite a lack of evidence of majority support if the employer has failed to comply with section 94; and the Board is of the opinion that, but for the unfair…
Section 100 — Lockout contrary to this Part
Every employer who declares or causes a lockout contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars for each day that the…
Section 100.1 — Prohibited use of services during strike or lockout
Every employer who contravenes subsection 94(4) or (6) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for each day during which the offence is committed or…
Section 101 — General offences by persons
Subject to section 100, every person other than an employer or a trade union who contravenes or fails to comply with any provision of this Part other than section 50, 94 or 95 is guilty of an offence…
Section 102 — Further offences
Every person who being required to attend to give evidence pursuant to paragraph 16(a), fails, without valid excuse, to attend accordingly, being commanded to produce, pursuant to paragraph 16(a),…
Section 103 — Prosecution of employers’ organizations, trade unions and councils of trade unions
A prosecution for an offence under this Part may be brought against and in the name of an employers’ organization, a trade union or a council of trade unions. For the purpose of a prosecution under…