GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 63
Arbitration costs, fees and expenses 63 Where a difference described in subsection 57(1) is submitted by the parties to an arbitrator or arbitration board, the costs, fees and expenses with respect to the arbitration proceedings shall, unless the collective agreement otherwise provides or the parties otherwise agree, be borne as follows: (a) each party shall bear its own costs and shall pay the fees and expenses of any member of the arbitration board who is nominated by it; and (b) the fees and expenses of an arbitrator or arbitration board chairperson, whether the arbitrator or chairperson is selected by the parties or their nominees or appointed by the Minister under this Part, shall be borne equally by the parties. R.S., 1985, c. L-2, s. 63; 1998, c. 26, s. 59(E)
Canada Labour Code — L-2 64
Order or decision within sixty days 64 (1) Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, their appointment as arbitrator, and, in the case of an arbitration board, the appointment of the arbitration board chairperson, unless (a) the collective agreement otherwise provides or the parties otherwise agree; or (b) owing to circumstances beyond the control of the arbitrator or arbitration board, it is not practicable to make or give the order or decision within those sixty days. Days not included (2) For the purposes of subsection (1), any day that is included in a period for which the arbitration proceedings are suspended pursuant to subsection 65(2) shall not be counted as one of the sixty days referred to in subsection (1). Late order or decision not invalid (3) The failure of an arbitrator or arbitration board to make or give any order or decision within the sixty days referred to in subsection (1) does not affect the jurisdiction of the arbitrator or arbitration board to continue with and complete the arbitration proceedings and any order or decision made or given by the arbitrator or arbitration board after the expiration of those sixty days is not for that reason invalid. R.S., 1985, c. L-2, s. 64; 1998, c. 26, s. 59(E); 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 65
Questions may be referred to Board 65 (1) Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the parties or employees bound by a collective agreement, the arbitrator or arbitration board, the Minister or any alleged party may refer the question to the Board for determination. Arbitration proceeding not suspended (2) The referral of any question to the Board pursuant to subsection (1) shall not operate to suspend any proceeding before an arbitrator or arbitration board unless the arbitrator or arbitration board decides that the nature of the question warrants a suspension of the proceeding or the Board directs the suspension of the proceeding. R.S., 1985, c. L-2, s. 65; 1998, c. 26, s. 28
Canada Labour Code — L-2 66
Filing of orders and decisions in Federal Court 66 (1) Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order or decision, exclusive of the reasons therefor. Idem (2) On filing an order or decision of an arbitrator or arbitration board in the Federal Court under subsection (1), the order or decision shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order or decision were a judgment obtained in the Court. R.S., c. L-1, s. 159; 1972, c. 18, s. 1; 1977-78, c. 27, s. 57
Canada Labour Code — L-2 67
Term of collective agreement 67 (1) 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 it comes into force and shall not, except as provided by subsection 36(2) or with the consent of the Board, be terminated by the parties thereto within that term of one year. Revision of collective agreement (2) Nothing in this Part prohibits the parties to a collective agreement from agreeing to a revision of any provision of the collective agreement other than a provision relating to the term of the collective agreement. Board may order alteration of termination date (3) The Board may, on application made jointly by both parties to a collective agreement, order that the termination date of the collective agreement be altered for the purpose of establishing a common termination date for two or more collective agreements binding a single employer. Provision for settlement of differences to remain in force (4) Notwithstanding anything contained in a collective agreement, the provision required to be contained therein by subsection 57(1) shall remain in force after the termination of the collective agreement and until the requirements of paragraphs 89(1)(a) to (d) have been met. Power of arbitrator where agreement terminates (5) Where a difference between the parties to a collective agreement relating to a provision contained in the collective agreement arises during the period from the date of its termination to the date the requirements of paragraphs 89(1)(a) to (d) have been met, (a) an arbitrator or arbitration board may hear and determine the difference; and (b) sections 57 to 66 apply to the hearing and determination. Powers of arbitrator when conditions of paragraphs 89(1)(a) to (d) have been met (6) Where a disagreement concerning the dismissal or discipline of an employee in the bargaining unit arises during the period that begins on the date on which the requirements of paragraphs 89(1)(a) to (d) are met and ends on the date on which a new or revised collective agreement is entered into, the bargaining agent may submit the disagreement for final settlement in accordance with the provisions for the settlement of differences contained in the previous collective agreement. The relevant provisions in the collective agreement and sections 57 to 66 apply, with such modifications as the circumstances require, to the settlement of the disagreement. Revision of term (7) Despite subsection (2), if a notice to bargain referred to in subsection 65.12(1) of the Bankruptcy and Insolvency Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board. Revision of term (8) Despite subsection (2), if a notice to bargain referred to in subsection 33(2) of the Companies’ Creditors Arrangement Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board. R.S., 1985, c. L-2, s. 67; 1998, c. 26, s. 29; 2005, c. 47, s. 136
Canada Labour Code — L-2 68
Collective agreement may contain certain provisions 68 Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision (a) requiring, as a condition of employment, membership in a specified trade union; or (b) granting a preference of employment to members of a specified trade union. R.S., c. L-1, s. 161; 1972, c. 18, s. 1
Canada Labour Code — L-2 69
Definition of referral 69 (1) In this section, referral includes assignment, designation, dispatching, scheduling and selection. Operation of hiring halls (2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination. Posting of rules (3) Rules applied by a trade union pursuant to subsection (2) shall be kept posted in a conspicuous place in every area of premises occupied by the trade union in which persons seeking referral normally gather. 1977-78, c. 27, s. 58; 1980-81-82-83, c. 47, s. 53(F)
Canada Labour Code — L-2 70
Union dues to be deducted 70 (1) 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 employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith. Religious objections (2) Where the Board is satisfied that an employee, because of their religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee so long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from their wages, to a registered charity mutually agreed on by the employee and the trade union. Designation by Board (3) Where an employee and the trade union are unable to agree on a registered charity for the purposes of subsection (2), the Board may designate any such charity as the charity to which payment should be made. Definitions (4) In this section, registered charity has the meaning assigned to that expression by the Income Tax Act ; ( organisme de bienfaisance enregistré ) regular union dues means, in respect of (a) an employee who is a member of a trade union, the dues uniformly and regularly paid by a member of the union in accordance with the constitution and by-laws of the union, and (b) an employee who is not a member of a trade union, the dues referred to in paragraph (a), other than any amount that is for payment of pension, superannuation, sickness insurance or any other benefit available only to members of the union. ( cotisation syndicale normale ) R.S., 1985, c. L-2, s. 70; 1999, c. 31, ss. 162(E), 241(F), 246(F)
Canada Labour Code — L-2
registered charity has the meaning assigned to that expression by the Income Tax Act ; ( organisme de bienfaisance enregistré )
Canada Labour Code — L-2 (a)
regular union dues means, in respect of (a) an employee who is a member of a trade union, the dues uniformly and regularly paid by a member of the union in accordance with the constitution and by-laws of the union, and (b) an employee who is not a member of a trade union, the dues referred to in paragraph (a), other than any amount that is for payment of pension, superannuation, sickness insurance or any other benefit available only to members of the union. ( cotisation syndicale normale )
Canada Labour Code — L-2 70.1
Federal Mediation and Conciliation Service 70.1 (1) 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 relations matters and is responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal and the management of the relations resulting from the implementation of the agreements. Head (2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes. 1998, c. 26, s. 30; 2005, c. 34, s. 79; 2013, c. 40, s. 237
Canada Labour Code — L-2 71
Notice of dispute 71 (1) 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 a collective agreement where (a) collective bargaining has not commenced within the time fixed by this Part; or (b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement. Copy to other party (2) The party who sends a notice of dispute under subsection (1) must immediately send a copy of it to the other party. R.S., 1985, c. L-2, s. 71; 1998, c. 26, s. 30
Canada Labour Code — L-2 72
Options of Minister 72 (1) The Minister shall, not later than fifteen days after receiving a notice in writing under section 71, (a) appoint a conciliation officer; (b) appoint a conciliation commissioner; (c) establish a conciliation board in accordance with section 82; or (d) notify the parties, in writing, of the Minister’s intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board. Idem (2) Where the Minister has not received a notice under section 71 but considers it advisable to take any action set out in paragraph (1)(a), (b) or (c) for the purpose of assisting the parties in entering into or revising a collective agreement, the Minister may take such action. Limitation (3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit. R.S., 1985, c. L-2, s. 72; 1998, c. 26, s. 31; 1999, c. 31, s. 155(E)
Canada Labour Code — L-2 73
Delivery of notice to conciliation officer 73 (1) 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. Duties of conciliation officer (2) Where a conciliation officer has been appointed under section 72, the conciliation officer shall (a) forthwith after the appointment, confer with the parties to the dispute and endeavour to assist them in entering into or revising a collective agreement; and (b) within fourteen days after the date of the appointment or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to whether or not the officer has succeeded in assisting the parties in entering into or revising a collective agreement. R.S., 1985, c. L-2, s. 73; 1998, c. 26, s. 32
Canada Labour Code — L-2 74
Delivery of notice 74 (1) 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 conciliation board a copy of the notice of dispute sent under section 71 and may, until their report has been submitted, refer other questions to them. Duties of conciliation commissioner or conciliation board (2) Where a conciliation commissioner has been appointed or a conciliation board has been established under subsection 72(1), the conciliation commissioner or conciliation board shall (a) immediately endeavour to assist the parties to the dispute in entering into or revising a collective agreement; and (b) within fourteen days after the date of appointment or establishment, or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to the commissioner’s or board’s success or failure in assisting the parties to the dispute and as to their findings and recommendations. Report of the Board (3) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board. R.S., 1985, c. L-2, s. 74; 1998, c. 26, s. 33
Canada Labour Code — L-2 75
Time limits 75 (1) 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 sixty days after the date of appointment or establishment. Deemed reporting (2) The conciliation officer is deemed to have reported sixty days after the date on which that officer was appointed or at the end of the extended time limit to which the parties consent, unless she or he actually reports earlier. Deemed receipt of report (3) The Minister is deemed to have received the report of the conciliation commissioner or conciliation board sixty days after the date on which the conciliation commissioner was appointed or the board was established or at the end of the extended time limit to which the parties consent, unless the Minister actually receives the report earlier. R.S., 1985, c. L-2, s. 75; 1998, c. 26, s. 33
Canada Labour Code — L-2 76
Reconsideration of report 76 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 amplify any part of it. R.S., 1985, c. L-2, s. 76; 1998, c. 26, s. 33
Canada Labour Code — L-2 77
Release of report 77 After receiving the report of a conciliation commissioner or conciliation board, the Minister (a) immediately releases a copy of the report to the parties to the dispute; and (b) may make the report available to the public in a manner that the Minister considers advisable. R.S., 1985, c. L-2, s. 77; 1998, c. 26, s. 33
Canada Labour Code — L-2 78
Report binding by agreement 78 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 conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations. R.S., 1985, c. L-2, s. 78; 1998, c. 26, s. 33
Canada Labour Code — L-2 79
Agreement 79 (1) 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 revision of a collective agreement or the entering into of a new collective agreement to a person or body for final and binding determination. Effect of agreement (2) The agreement suspends the right to strike or lockout and constitutes an undertaking to implement the determination. R.S., 1985, c. L-2, s. 79; 1998, c. 26, s. 33
Canada Labour Code — L-2 80
Minister may refer dispute to Board 80 (1) 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 parties with respect to the bargaining unit for which the bargaining agent has been certified and the requirements of paragraphs 89(1)(a) to (d) have otherwise been met, the Minister may, if the Minister considers it necessary or advisable, at any time thereafter direct the Board to inquire into the dispute and, if the Board considers it advisable, to settle the terms and conditions of the first collective agreement between the parties. Board may settle terms and conditions (2) The Board shall proceed as directed by the Minister under subsection (1) and, if the Board settles the terms and conditions of a first collective agreement referred to in that subsection, those terms and conditions shall constitute the collective agreement between the parties and shall be binding on them and on the employees in the bargaining unit, except to the extent that such terms and conditions are subsequently amended by the parties by agreement in writing. Matters the Board may consider (3) In settling the terms and conditions of a first collective agreement under this section, the Board shall give the parties an opportunity to present evidence and make representations and the Board may take into account (a) the extent to which the parties have, or have not, bargained in good faith in an attempt to enter into the first collective agreement between them; (b) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the bargaining unit; and (c) such other matters as the Board considers will assist it in arriving at terms and conditions that are fair and reasonable in the circumstances. Duration of agreement (4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and conditions of the collective agreement. R.S., 1985, c. L-2, s. 80; 1998, c. 26, s. 34
Canada Labour Code — L-2 81
Composition 81 (1) A conciliation board shall consist of three members appointed in the manner specified in section 82. Eligibility of members (2) A person is not eligible to be a member of a conciliation board if the person has a pecuniary interest that may be directly affected by any matter referred to the board. R.S., c. L-1, s. 172; 1972, c. 18, s. 1
Canada Labour Code — L-2 82
Nomination by parties 82 (1) 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 nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board. Failure to nominate (2) Where either party to whom a notice is given pursuant to subsection (1) fails or neglects to nominate a person to be a member of the conciliation board to be established by the Minister within seven days after the receipt by that party of the notice, the Minister shall appoint, as a member of the conciliation board, a person the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed on the nomination of that party. Nomination of chairperson (3) The members of a conciliation board appointed under subsection (1) or (2) shall, within five days after the appointment of the second member, nominate a third person, who is willing and ready to act, to be a member and chairperson of the conciliation board, and the Minister shall appoint that person to be a member and chairperson of the conciliation board. Failure to nominate chairperson (4) Where the members of a conciliation board appointed under subsection (1) or (2) fail or neglect to nominate a chairperson within five days after the appointment of the second such member, the Minister shall forthwith appoint, as the third member and chairperson of the conciliation board, a person whom the Minister considers qualified to be a member and chairperson of the conciliation board. R.S., 1985, c. L-2, s. 82; 1998, c. 26, ss. 35(E), 59(E)
Canada Labour Code — L-2 83
Notification to parties of establishment of board 83 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 board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given. 1972, c. 18, s. 1
Canada Labour Code — L-2 84
Powers of board 84 A conciliation commissioner or a conciliation board (a) may determine their own procedure; (b) has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and (c) may authorize any person to do anything described in paragraph 16(b) or (f) that the conciliation commissioner or conciliation board may do and to report to the conciliation commissioner or conciliation board thereon. R.S., 1985, c. L-2, s. 84; 1999, c. 31, s. 156