Canada Labour Code

This Act may be cited as the Canada Labour Code.

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)

federal work, undertaking or business means any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing,

a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,

a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,

a line of ships connecting a province with any other province, or extending beyond the limits of a province,

a ferry between any province and any other province or between any province and any country other than Canada,

aerodromes, aircraft or a line of air transportation,

a radio broadcasting station,

a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act,

a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,

a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces, and

a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales)

Head means the Head of Compliance and Enforcement designated under subsection 122.21(1); (chef)

Minister means the Minister of Labour. (ministre)

WHEREAS there is a long tradition in Canada of labour legislation and policy designed for the promotion of the common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes; AND WHEREAS Canadian workers, trade unions and employers recognize and support freedom of association and free collective bargaining as the bases of effective industrial relations for the determination of good working conditions and sound labour-management relations; AND WHEREAS the Government of Canada has ratified Convention No. 87 of the International Labour Organization concerning Freedom of Association and Protection of the Right to Organize and has assumed international reporting responsibilities in this regard; AND WHEREAS the Parliament of Canada desires to continue and extend its support to labour and management in their cooperative efforts to develop g…

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 arbitration board the chairperson of which is appointed by the Minister under this Part; (conseil d’arbitrage)

arbitrator means a sole arbitrator selected by the parties to a collective agreement or appointed by the Minister under this Part; (arbitre)

bargaining agent means

a trade union that has been certified by the Board as the bargaining agent for the employees in a bargaining unit and the certification of which has not been revoked, or

any other trade union that has entered into a collective agreement on behalf of the employees in a bargaining unit

the term of which has not expired, or

in respect of which the trade union has, by notice given pursuant to subsection 49(1), required the employer to commence collective bargaining; (agent négociateur)

bargaining unit means a unit

determined by the Board to be appropriate for collective bargaining, or

to which a collective agreement applies; (unité de négociation)

Board[Repealed, 2017, c. 20, s. 319]

collective agreement means an agreement in writing entered into between an employer and a bargaining agent containing provisions respecting terms and conditions of employment and related matters; (convention collective)

conciliation board means a board established by the Minister under paragraph 72(1)(c); (commission de conciliation)

conciliation commissioner means a person appointed by the Minister under paragraph 72(1)(b); (commissaire-conciliateur)

conciliation officer means a person appointed by the Minister under paragraph 72(1)(a); (conciliateur)

dependent contractor means

the owner, purchaser or lessee of a vehicle used for hauling, other than on rails or tracks, livestock, liquids, goods, merchandise or other materials, who is a party to a contract, oral or in writing, under the terms of which they are

required to provide the vehicle by means of which they perform the contract and to operate the vehicle in accordance with the contract, and

entitled to retain for their own use from time to time any sum of money that remains after the cost of their performance of the contract is deducted from the amount they are paid, in accordance with the contract, for that performance,

a fisher who, pursuant to an arrangement to which the fisher is a party, is entitled to a percentage or other part of the proceeds of a joint fishing venture in which the fisher participates with other persons, and

any other person who, whether or not employed under a contract of employment, performs work or services for another person on such terms and conditions that they are, in relation to that other person, in a position of economic dependence on, and under an obligation to perform duties for, that other person; (entrepreneur dépendant)

dispute means a dispute arising in connection with the entering into, renewing or revising of a collective agreement, in respect of which notice may be given to the Minister under section 71; (différend)

employee means any person employed by an employer and includes a dependent contractor and a private constable, but does not include a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations; (employé)

employer means

any person who employs one or more employees, and

in respect of a dependent contractor, such person as, in the opinion of the Board, has a relationship with the dependent contractor to such extent that the arrangement that governs the performance of services by the dependent contractor for that person can be the subject of collective bargaining; (employeur)

employers’ organization means any organization of employers the purposes of which include the regulation of relations between employers and employees; (organisation patronale)

lockout includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees, or to aid another employer to compel that other employer’s employees, to agree to terms or conditions of employment; (lock-out)

parties means

in relation to the entering into, renewing or revising of a collective agreement and in relation to a dispute, the employer and the bargaining agent that acts on behalf of the employer’s employees,

in relation to a difference relating to the interpretation, application, administration or alleged contravention of a collective agreement, the employer and the bargaining agent, and

in relation to a complaint to the Board under this Part, the complainant and any person or organization against whom or which the complaint is made; (parties)

private constable means a person appointed as a police constable under Part IV.1 of the Railway Safety Act; (agent de police privé)

professional employee means an employee who

is, in the course of their employment, engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution, and

is, or is eligible to be, a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization; (membre de profession libérale)

strike includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output; (grève)

trade union means any organization of employees, or any branch or local thereof, the purposes of which include the regulation of relations between employers and employees; (syndicat)

unit means a group of two or more employees. (unité)

No person ceases to be an employee within the meaning of this Part by reason only of their ceasing to work as the result of a lockout or strike or by reason only of their dismissal contrary to this 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 their relations with those employees and in respect of trade unions and employers’ organizations composed of those employees or employers.

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 such corporation, and the employees thereof, that the Governor in Council excludes from the operation of this Part.

The Governor in Council may, pursuant to subsection (1), exclude from the operation of this Part only those corporations in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or to approve some or all of the terms and conditions of employment of persons employed therein.

Where the Governor in Council excludes any corporation from the operation of this Part, the Governor in Council shall, by order, add the name of that corporation to Schedule IV or V to the Financial Administration Act.

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 the carrier.

Except as provided by section 5, this Part does not apply in respect of employment by Her Majesty in right of Canada.

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 presumed to be their employee unless the contrary is proved by the employer.

The presumption does not apply for the purposes of a prosecution under this Part.

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.

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 the Minister as being engaged in a project that the Minister determines to be a major project, the Minister and the Board shall act as expeditiously as possible to facilitate the collective bargaining process involving those parties.

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 participate in its lawful activities.

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 office on a full-time basis, and any other Vice-Chairpersons, to hold office on a part-time basis, that the Governor in Council considers necessary to discharge the responsibilities of the Board;

not more than six other members, of which not more than three represent employees, and of which not more than three represent employers, to hold office on a full-time basis;

any other part-time members, representing, in equal numbers, employees and employers, that the Governor in Council considers necessary to discharge the responsibilities of the Board; and

any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.

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 five years each, subject to removal by the Governor in Council at any time for cause.

Subject to subsection (3), the members of the Board other than the Chairperson and the Vice-Chairpersons are to be appointed by the Governor in Council on the recommendation of the Minister after consultation by the Minister with the organizations representative of employees or employers that the Minister considers appropriate, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

The members of the Board appointed pursuant to paragraph 9(2)(e) 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 three years each, subject to removal by the Governor in Council at any time for cause.

The members of the Board must be Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

The Chairperson and Vice-Chairpersons must have experience and expertise in industrial relations.

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 determined by the Governor in Council.

The Governor in Council may, by order, exempt a member from the requirement set out in subsection (1), subject to any conditions that the Governor in Council may prescribe.

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 paragraph 9(2)(e), must not hold any other employment or office in respect of which they receive any remuneration and that is inconsistent with their duties under this Act.

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 reason other than removal, the member may, despite anything in this Part, at the request of the Chairperson, carry out and complete any duties or responsibilities that the member would otherwise have had if the member had not ceased to be a member, in connection with any matter that came before the Board while the member was still a member of the Board and in respect of which there was any proceeding in which the member participated as a member.

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 external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.

An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.

An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

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 the assignment of Vice-Chairpersons to preside over panels;

the determination of the date, time and place of hearings;

the conduct of the work of the Board; and

the management of the Board’s internal affairs.

[Repealed, 2014, c. 20, s. 416]

The Chairperson may delegate to a Vice-Chairperson any of the Chairperson’s powers, duties and functions under subsection (1).

[Repealed, 2014, c. 20, s. 416]

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 quorum:

subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or

at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.

If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on the making of those regulations and who represent employers and employees respectively.

Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.

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 Vice-Chairperson so designated has and may exercise all the powers and perform all the duties and functions of the Chairperson.

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) shall be paid any fees, that may be fixed by the Governor in Council.

The members of the Board are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members and members carrying out duties and responsibilities under subsection 12(2), their ordinary place of residence.

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 regulations made under section 9 of the Aeronautics Act.

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 the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

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).

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 matter for mediation, where the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

request the Governor in Council to have an inquiry held under section 12.08; or

advise the Chairperson that the Minister considers that it is not necessary to take further measures under this section.

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.

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 summons to testify about all matters within that person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry; and

to administer oaths and examine any person on oath.

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 engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

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 ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that

there is a real and substantial risk that matters involving public security will be disclosed;

there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

there is a serious possibility that the life, liberty or security of a person will be endangered.

Where the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (2).

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 credible or trustworthy in the circumstances of the case.

An interested party may, with leave of the judge, intervene in an inquiry on the terms and conditions that the judge considers appropriate.

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 or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

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 member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the opinion of the judge, the member

has become incapacitated from the proper execution of that office by reason of infirmity;

has been guilty of misconduct;

has failed in the proper execution of that office; or

has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.

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 considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act.

[Repealed, 2014, c. 20, s. 417]

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 under this Act.

Where a panel formed under subsection (1) is composed of one or more members representing employees, an equal number of members representing employers must also form part of the panel and vice versa.

The Chairperson or a Vice-Chairperson may alone determine a matter that comes before the Board under this Part with respect to

an uncontested application or question;

a question referred to in paragraph 16(p);

a complaint made under subsection 97(1) in respect of an alleged contravention of section 37 or 69 or any of paragraphs 95(f) to (i);

a request for an extension of time for instituting a proceeding;

a preliminary proceeding; or

any other matter, if the Chairperson determines that it is appropriate because of the possibility of prejudice to a party, such as undue delay, or if the parties consent to a determination by the Chairperson or a Vice-Chairperson.

The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II, III or IV.

The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel.

A panel has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter assigned to the panel.

The Chairperson is the chairperson of any panel formed under subsection (1) or, where the Chairperson is not a member of the panel, he or she designates a Vice-Chairperson to be the chairperson of the panel.

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 was before the panel and the chairperson’s decision is deemed to be the decision of the 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 panel shall make it and give notice of it to the parties no later than 90 days after the day on which the panel reserved the decision or within any further period that may be determined by the Chairperson.

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 permit the parties and the Board or its members to communicate simultaneously for pre-hearing conferences, hearings and Board meetings;

the determination of units appropriate for collective bargaining;

the certification of trade unions as bargaining agents for bargaining units;

the conduct of representation votes;

the specification of the period of time after which the Board may receive an application from a trade union for certification as the bargaining agent for a unit where the Board has refused an application from the trade union for certification in respect of the same or substantially the same unit;

the specification of the period of time after which the Board may receive an application from an employee for revocation of a trade union’s certification as the bargaining agent for a unit where the Board has refused an application for revocation in respect of the same unit;

the hearing or determination of any application, complaint, question, dispute, difference or appeal that may be made or referred to the Board;

an expeditious procedure and matters that may be determined under that procedure;

the forms to be used in respect of any proceeding that may come before the Board;

the time within which and the circumstances under which the Board may exercise its powers under section 18;

any inquiry that the Board may make under subsection 34(2);

the form in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;

the specification of the time within which and the parties or persons to whom notices and other documents shall be sent and the circumstances in which such notices or other documents shall be deemed to have been given or received by the Board or any party or person;

the determination of the form in which and the period during which evidence as to shall be presented to the Board on an application made to it pursuant to this Part;

the membership of any employees in a trade union,

any objection by employees to the certification of a trade union, or

any signification by employees that they no longer wish to be represented by a trade union

the criteria for determining whether an employee is a member of a trade union;

the circumstances in which evidence referred to in paragraph (m) may be received by the Board as evidence that any employees wish or do not wish to have a particular trade union represent them as their bargaining agent, including the circumstances in which the evidence so received by the Board may not be made public by the Board;

the conditions for valid strike or lockout votes;

the authority of any person to act on behalf of the Board and the matters and things to be done and the action to be taken by that person, including the authority of an employee of the Administrative Tribunals Support Service of Canada to make decisions on uncontested applications or questions;