Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2017-09-14 and last amended on 2017-06-22. Previous Versions

Marginal note:Application for order respecting technological change
  •  (1) Where a bargaining agent alleges that sections 52, 54 and 55 apply to an employer in respect of an alleged technological change and that the employer has failed to comply with section 52, the bargaining agent may, not later than thirty days after the bargaining agent became aware, or in the opinion of the Board ought to have become aware, of the failure of the employer to comply with section 52, apply to the Board for an order determining the matters so alleged.

  • Marginal note:Order respecting technological change

    (2) On receipt of an application for an order determining the matters alleged under subsection (1) and after affording an opportunity for the parties to make representations, the Board may, by order,

    • (a) determine that sections 52, 54 and 55 do not apply to the employer in respect of the alleged technological change; or

    • (b) determine that sections 52, 54 and 55 apply to the employer in respect of the alleged technological change and that the employer has failed to comply with section 52 in respect of the technological change.

  • Marginal note:Idem

    (3) The Board may, in any order made under paragraph (2)(b), or by order made after consultation with the parties pending the making of any order under subsection (2),

    • (a) direct the employer not to proceed with the technological change or alleged technological change for such period, not in excess of one hundred and twenty days, as the Board considers appropriate;

    • (b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and

    • (c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of their displacement.

  • Marginal note:Order deemed notice

    (4) An order of the Board made under paragraph (2)(b) in respect of an employer is deemed to be a notice of technological change given by the employer pursuant to section 52, and the Board shall concurrently, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection 54(1).

  • R.S., 1985, c. L-2, s. 53;
  • 1998, c. 26, s. 26;
  • 1999, c. 31, s. 162(E).
Marginal note:Application for order to serve notice to bargain
  •  (1) Where a bargaining agent receives notice of a technological change pursuant to section 52, the bargaining agent may, in order to assist the employees affected by the change to adjust to the effects of the change, apply to the Board, within thirty days after the date on which it receives the notice, for an order granting leave to serve on the employer a notice to commence collective bargaining for the purpose of

    • (a) revising the existing provisions of the collective agreement by which they are bound that relate to terms and conditions or security of employment; or

    • (b) including new provisions in the collective agreement that relate to terms and conditions or security of employment.

  • Marginal note:Order to serve notice to bargain

    (2) Where the Board has received from a bargaining agent an application for an order under subsection (1), and it is satisfied that the technological change in respect of which the bargaining agent has received notice given pursuant to section 52 is likely, substantially and adversely, to affect the terms and conditions or security of employment of a significant number of employees to whom the collective agreement between the bargaining agent and the employer applies, the Board may, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection (1).

  • R.S., c. L-1, s. 152;
  • 1972, c. 18, s. 1.
Marginal note:Conditions precedent to technological change

 Where a bargaining agent applies to the Board for an order under subsection 54(1), the employer in respect of whom the application is made shall not effect the technological change in respect of which the application is made until

  • (a) the Board has made an order refusing to grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining; or

  • (b) the Board has made an order granting leave to the bargaining agent to serve on the employer a notice to commence collective bargaining and

    • (i) an agreement has been reached as a result of collective bargaining, or

    • (ii) the requirements of paragraphs 89(1)(a) to (d) have been met.

  • R.S., c. L-1, s. 153;
  • 1972, c. 18, s. 1.

Content and Interpretation of Collective Agreements

Marginal note:Effect of collective agreement

 A collective agreement entered into between a bargaining agent and an employer in respect of a bargaining unit is, subject to and for the purposes of this Part, binding on the bargaining agent, every employee in the bargaining unit and the employer.

  • R.S., c. L-1, s. 154;
  • 1972, c. 18, s. 1.
Marginal note:Provision for final settlement without stoppage of work
  •  (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention.

  • Marginal note:Where arbitrator to be appointed

    (2) Where any difference arises between parties to a collective agreement that does not contain a provision for final settlement of the difference as required by subsection (1), the difference shall, notwithstanding any provision of the collective agreement, be submitted by the parties for final settlement

    • (a) to an arbitrator selected by the parties; or

    • (b) where the parties are unable to agree on the selection of an arbitrator and either party makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary.

  • Marginal note:Idem

    (3) Where any difference arises between parties to a collective agreement that contains a provision for final settlement of the difference by an arbitration board and either party fails to name its nominee to the board in accordance with the collective agreement, the difference shall, notwithstanding any provision in the collective agreement, be submitted by the parties for final settlement to an arbitrator in accordance with paragraphs (2)(a) and (b).

  • Marginal note:Request to Minister for appointment of arbitrator or arbitration board chairperson

    (4) Where a collective agreement provides for final settlement, without stoppage of work, of differences described in subsection (1) by an arbitrator or arbitration board and the parties or their nominees are unable to agree on the selection of an arbitrator or arbitration board chairperson, as the case may be, either party or its nominee may, notwithstanding anything in the collective agreement, make a written request to the Minister to appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Appointment by Minister

    (5) On receipt of a written request under subsection (4), the Minister shall, after such inquiry, if any, as the Minister considers necessary, appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Effect of appointment by Minister

    (6) Any person appointed or selected pursuant to subsection (2), (3) or (5) as an arbitrator or arbitration board chairperson shall be deemed, for all purposes of this Part, to have been appointed pursuant to the collective agreement between the parties.

  • R.S., 1985, c. L-2, s. 57;
  • 1998, c. 26, s. 59(E).
Marginal note:Decisions not to be reviewed by court
  •  (1) Every order or decision of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of their proceedings under this Part.

  • Marginal note:Status

    (3) For the purposes of the Federal Courts Act, an arbitrator appointed pursuant to a collective agreement or an arbitration board is not a federal board, commission or other tribunal within the meaning of that Act.

  • R.S., 1985, c. L-2, s. 58;
  • 1999, c. 31, s. 153(E);
  • 2002, c. 8, s. 182.
Marginal note:Copy to be filed with Minister

 A copy of every order or decision of an arbitrator or arbitration board shall be filed with the Minister by the arbitrator or arbitration board chairperson and shall be available to the public in circumstances prescribed by the Governor in Council.

  • R.S., 1985, c. L-2, s. 59;
  • 1998, c. 26, s. 59(E).
Marginal note:Powers of arbitrator, etc.
  •  (1) An arbitrator or arbitration board has

    • (a) the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1);

    • (a.1) the power to interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement;

    • (a.2) the power to make the interim orders that the arbitrator or arbitration board considers appropriate;

    • (a.3) the power to consider submissions provided in the form that the arbitrator or the arbitration board considers appropriate or to which the parties agree;

    • (a.4) the power to expedite proceedings and to prevent abuse of the arbitration process by making the orders or giving the directions that the arbitrator or arbitration board considers appropriate for those purposes; and

    • (b) power to determine any question as to whether a matter referred to the arbitrator or arbitration board is arbitrable.

  • Marginal note:Power to extend time

    (1.1) The arbitrator or arbitration board may extend the time for taking any step in the grievance process or arbitration procedure set out in a collective agreement, even after the expiration of the time, if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension.

  • Marginal note:Power to mediate

    (1.2) At any stage of a proceeding before an arbitrator or arbitration board, the arbitrator or arbitration board may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the arbitrator or arbitration board to continue the arbitration with respect to the issues that have not been resolved.

  • Marginal note:Idem

    (2) Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the arbitration, the arbitrator or arbitration board has power to substitute for the discharge or discipline such other penalty as to the arbitrator or arbitration board seems just and reasonable in the circumstances.

  • R.S., 1985, c. L-2, s. 60;
  • 1998, c. 26, s. 27.
 
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