GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 12.11
Inquiry in public 12.11 (1) Subject to subsections (2) and (3), an inquiry must be conducted in public. Confidentiality of inquiry (2) 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 (a) there is a real and substantial risk that matters involving public security will be disclosed; (b) 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 (c) there is a serious possibility that the life, liberty or security of a person will be endangered. Confidentiality of application (3) 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). 1998, c. 26, s. 2
Canada Labour Code — L-2 12.12
Rules of evidence 12.12 (1) 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. Intervenors (2) An interested party may, with leave of the judge, intervene in an inquiry on the terms and conditions that the judge considers appropriate. 1998, c. 26, s. 2
Canada Labour Code — L-2 12.13
Right to be heard 12.13 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. 1998, c. 26, s. 2
Canada Labour Code — L-2 12.14
Report to Minister 12.14 (1) After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister. Recommendations (2) 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 (a) has become incapacitated from the proper execution of that office by reason of infirmity; (b) has been guilty of misconduct; (c) has failed in the proper execution of that office; or (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office. 1998, c. 26, s. 2
Canada Labour Code — L-2 12.15
Transmission of report to Governor in Council 12.15 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. 1998, c. 26, s. 2
Canada Labour Code — L-2 13
Head office 13 The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act . R.S., 1985, c. L-2, s. 13; 1998, c. 26, s. 2; 2014, c. 20, s. 417
Canada Labour Code — L-2 14
Panels 14 (1) 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. Equal representation (2) 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. Exception — single member (3) The Chairperson or a Vice-Chairperson may alone determine a matter that comes before the Board under this Part with respect to (a) an uncontested application or question; (b) a question referred to in paragraph 16(p); (c) 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); (d) a request for an extension of time for instituting a proceeding; (e) a preliminary proceeding; or (f) 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. Single person — Parts II, III and IV (3.1) 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. Deemed panel (4) The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel. Powers, duties and functions (5) 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. Chairperson of the panel (6) 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. R.S., 1985, c. L-2, s. 14; 1998, c. 26, s. 2 2017, c. 20, s. 325
Canada Labour Code — L-2 14.1
Continuation of proceeding 14.1 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. 1998, c. 26, s. 2
Canada Labour Code — L-2 14.2
Decision of panel 14.2 (1) 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. Time limit (2) 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. 1998, c. 26, s. 2 2017, c. 20, s. 326
Canada Labour Code — L-2 15.1
General power to assist parties 15.1 (1) 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, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled. Declaratory opinions (2) The Board, on application by an employer or a trade union, may give declaratory opinions. 1998, c. 26, s. 4; 2014, c. 20, s. 419 2017, c. 20, s. 328
Canada Labour Code — L-2 16
ve any direction that the Board considers appropriate for the purpose of expediting proceedings or preventing an abuse of process; (n) to amend or permit the amendment of any document filed in connection with the proceeding; (o) to add a party to the proceeding at any stage of the proceeding; (o.1) to summarily refuse to hear, or dismiss, a matter for want of jurisdiction or lack of evidence; (p) to decide for all purposes of this Part any question that may arise in the proceeding, including, without restricting the generality of the foregoing, any question as to whether (i) a person is an employer or an employee, (ii) a person performs management functions or is employed in a confidential capacity in matters relating to industrial relations, (iii) a person is a member of a trade union, (iv) an organization or association is an employers’ organization, a trade union or a council of trade unions, (v) a group of employees is a unit appropriate for collective bargaining, (vi) a collective agreement has been entered into, (vii) any person or organization is a party to or bound by a collective agreement, and (viii) a collective agreement is in operation; and (q) to decide any question that may arise in a proceeding under Part II, III or IV. R.S., 1985, c. L-2, s. 16; 1998, c. 26, s. 5 2017, c. 20, s. 329 2024, c. 12, s. 2
Canada Labour Code — L-2 16.1
Determination without oral hearing 16.1 The Board may decide any matter before it without holding an oral hearing. 1998, c. 26, s. 6
Canada Labour Code — L-2 17
Determination of the wishes of the majority of the employees 17 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 date of the filing of the application or as of such other date as the Board considers appropriate. 1977-78, c. 27, s. 41; 1980-81-82-83, c. 47, s. 27
Canada Labour Code — L-2 18
Review or amendment of orders 18 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. R.S., c. L-1, s. 119; 1972, c. 18, s. 1
Canada Labour Code — L-2 18.1
Review of structure of bargaining units 18.1 (1) 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 bargaining. Agreement of parties (2) If the Board reviews, pursuant to subsection (1) or section 35 or 45, the structure of the bargaining units, the Board (a) must allow the parties to come to an agreement, within a period that the Board considers reasonable, with respect to the determination of bargaining units and any questions arising from the review; and (b) may make any orders it considers appropriate to implement any agreement. Orders (3) If the Board is of the opinion that the agreement reached by the parties would not lead to the creation of units appropriate for collective bargaining or if the parties do not agree on certain issues within the period that the Board considers reasonable, the Board determines any question that arises and makes any orders it considers appropriate in the circumstances. Content of orders (4) For the purposes of subsection (3), the Board may (a) determine which trade union shall be the bargaining agent for the employees in each bargaining unit that results from the review; (b) amend any certification order or description of a bargaining unit contained in any collective agreement; (c) if more than one collective agreement applies to employees in a bargaining unit, decide which collective agreement is in force; (d) amend, to the extent that the Board considers necessary, the provisions of collective agreements respecting expiry dates or seniority rights, or amend other such provisions; (e) if the conditions of paragraphs 89(1)(a) to (d) have been met with respect to some of the employees in a bargaining unit, decide which terms and conditions of employment apply to those employees until the time that a collective agreement becomes applicable to the unit or the conditions of those paragraphs are met with respect to the unit; and (f) authorize a party to a collective agreement to give notice to bargain collectively. 1998, c. 26, s. 7
Canada Labour Code — L-2 19
Application of orders 19 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 particular case or class of cases. R.S., 1985, c. L-2, s. 19 2017, c. 20, s. 330
Canada Labour Code — L-2 19.1
Interim orders 19.1 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 objectives of this Act. 1998, c. 26, s. 8 2017, c. 20, s. 330
Canada Labour Code — L-2 20
Interim decision 20 (1) 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 without prejudice to the rights of any party to the proceeding, issue a decision resolving only one or some of those issues and reserve its jurisdiction to dispose of the remaining issues. Decision final (2) A decision referred to in subsection (1) is, except as stipulated by the Board, final. Definition of decision (3) In this section, decision includes an order, a direction, a determination and a declaration. R.S., 1985, c. L-2, s. 20 2017, c. 20, s. 331
Canada Labour Code — L-2 21
Exercise of powers, duties and functions 21 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, including the making of orders requiring compliance with the provisions of this Act, with any regulation made under this Act or with any decision made in respect of a matter before the Board. R.S., 1985, c. L-2, s. 21 2017, c. 20, s. 332
Canada Labour Code — L-2 22
Order and decision final 22 (1) 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, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. Standing of Board (1.1) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures. No review by certiorari , etc. (2) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part shall (a) be questioned, reviewed, prohibited or restrained, or (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction. R.S., 1985, c. L-2, s. 22; 1990, c. 8, s. 56; 1998, c. 26, s. 9; 2002, c. 8, s. 182 2017, c. 20, s. 333 2024, c. 12, s. 3
Canada Labour Code — L-2 23
Filing in Federal Court 23 (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the Federal Court, unless, in the opinion of the Board, (a) there is no indication of failure or likelihood of failure to comply with the order or decision; or (b) there is other good reason why the filing of the order or decision in the Federal Court would serve no useful purpose. Registration of order and proceedings thereon (2) Where the Board files a copy of any order or decision in the Federal Court pursuant to subsection (1), it shall specify in writing to the Court that the copy of the order or decision is filed pursuant to that subsection and, where the Board so specifies, the copy of the order or decision shall be accepted for filing by, and registered in, the Court without further application or other proceeding. Effect of registration of order or decision (3) When a copy of any order or decision of the Board is registered pursuant to subsection (2), the order or decision has the same force and effect as a judgment obtained in the Federal Court and, subject to this section and the Federal Courts Act , all proceedings may be taken thereon by any person or organization affected thereby as if the order or decision were a judgment of that Court. R.S., 1985, c. L-2, s. 23; 1990, c. 8, s. 57; 2002, c. 8, s. 182 2017, c. 20, s. 334
Canada Labour Code — L-2 23.1
Filing in provincial superior court 23.1 The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the superior court of a province. Section 23 applies, with any modifications that the circumstances require, to an order or decision filed in such a superior court. 1998, c. 26, s. 10 2017, c. 20, s. 335
Canada Labour Code — L-2 24
Application for certification 24 (1) A trade union seeking to be certified as the bargaining agent for a unit that the trade union considers constitutes a unit appropriate for collective bargaining may, subject to this section and any regulations made by the Board under paragraph 15(e), apply to the Board for certification as the bargaining agent for the unit. Time of application (2) Subject to subsection (3), an application by a trade union for certification as the bargaining agent for a unit may be made (a) where no collective agreement applicable to the unit is in force and no trade union has been certified under this Part as the bargaining agent for the unit, at any time; (b) where no collective agreement applicable to the unit is in force but a trade union has been certified under this Part as the bargaining agent for the unit, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at any earlier time; (c) where a collective agreement applicable to the unit is in force and is for a term of not more than three years, only after the commencement of the last three months of its operation; and (d) where a collective agreement applicable to the unit is in force and is for a term of more than three years, only after the commencement of the thirty-fourth month of its operation and before the commencement of the thirty-seventh month of its operation and, thereafter, only (i) during the three month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation, and (ii) after the commencement of the last three months of its operation. No application during strike or lockout (3) An application for certification under subsection (2) in respect of a unit must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by this Part and that involves employees in the unit. Terms or conditions of employment not to be changed (4) Where an application by a trade union for certification as the bargaining agent for a unit is made in accordance with this section, no employer of employees in the unit shall, after notification that the application has been made, alter the rates of pay, any other term or condition of employment or any right or privilege of such employees until (a) the application has been withdrawn by the trade union or dismissed by the Board, or (b) thirty days have elapsed after the day on which the Board certifies the trade union as the bargaining agent for the unit, except pursuant to a collective agreement or with the consent of the Board. R.S., 1985, c. L-2, s. 24; 1993, c. 42, s. 1(F); 1998, c. 26, s. 11
Canada Labour Code — L-2 24.1
Exception 24.1 A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an application for certification at any time, in respect of the unit to which the collective agreement applies or substantially the same unit. 1998, c. 26, s. 12
Canada Labour Code — L-2 25
Where certification prohibited 25 (1) Notwithstanding anything in this Part, where the Board is satisfied that a trade union is so dominated or influenced by an employer that the fitness of the trade union to represent employees of the employer for the purpose of collective bargaining is impaired, the Board shall not certify the trade union as the bargaining agent for any unit comprised of employees of the employer and any collective agreement between the trade union and the employer that applies to any such employees shall be deemed not to be a collective agreement for the purposes of this Part. Idem (2) Notwithstanding anything in this Part, where the Board is satisfied that a trade union denies membership in the trade union to any employee or class of employees in a bargaining unit by virtue of a policy or practice that the trade union applies relating to qualifications for membership in the trade union, the Board shall not certify the trade union as the bargaining agent for the bargaining unit and any collective agreement between the trade union and the employer of the employees in the bargaining unit that applies to the bargaining unit shall be deemed not to be a collective agreement for the purposes of this Part. R.S., c. L-1, s. 134; 1972, c. 18, s. 1
Canada Labour Code — L-2 26
Where certification prohibited 26 The Board shall not certify a trade union as, and a trade union shall not act as, the bargaining agent for both a bargaining unit comprised of private constables and a bargaining unit comprised of employees other than private constables if any or all of the employees in both such bargaining units are employed by the same employer. R.S., c. L-1, s. 135; 1972, c. 18, s. 1
Canada Labour Code — L-2 27
Determination of appropriate unit 27 (1) Where a trade union applies under section 24 for certification as the bargaining agent for a unit that the trade union considers appropriate for collective bargaining, the Board shall determine the unit that, in the opinion of the Board, is appropriate for collective bargaining. Idem (2) In determining whether a unit constitutes a unit that is appropriate for collective bargaining, the Board may include any employees in or exclude any employees from the unit proposed by the trade union. Professional employees (3) Where a trade union applies under section 24 for certification as the bargaining agent for a unit comprised of or including professional employees, the Board, subject to subsections (2) and (4), shall determine that the unit appropriate for collective bargaining is a unit comprised of only professional employees, unless such a unit would not otherwise be appropriate for collective bargaining. Idem (4) In determining that a unit is appropriate for collective bargaining under subsection (3), the Board may include in the unit (a) professional employees of more than one profession; and (b) employees performing the functions, but lacking the qualifications, of a professional employee. Supervisory employees (5) Where a trade union applies for certification as the bargaining agent for a unit comprised of or including employees whose duties include the supervision of other employees, the Board may, subject to subsection (2), determine that the unit proposed in the application is appropriate for collective bargaining. Private constables (6) The Board shall not include a private constable in a unit with other employees. R.S., c. L-1, s. 125; 1972, c. 18, s. 1
Canada Labour Code — L-2 28
Duty to certify trade union 28 The Board shall, subject to this Part, certify a trade union as the bargaining agent for a bargaining unit if the Board (a) has received from the trade union an application for certification as the bargaining agent for a unit; (b) has determined the unit that constitutes a unit appropriate for collective bargaining; and (c) is satisfied that, as of the date of the filing of the application or of any other date that the Board considers appropriate, a majority of the employees in the unit wish to have the trade union represent them as their bargaining agent. R.S., 1985, c. L-2, s. 28; 2014, c. 40, s. 2; 2017, c. 12, s. 1