GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 97
Complaints to the Board 97 (1) Subject to subsections (2) to (5), any person or organization may make a complaint in writing to the Board that (a) an employer, a person acting on behalf of an employer, a trade union, a person acting on behalf of a trade union or an employee has contravened or failed to comply with subsection 24(4) or 34(6) or section 37, 47.3, 50, 69, 87.5 or 87.6, subsection 87.7(2) or section 94, 95 or 96.1; or (b) any person has failed to comply with section 96. Time for making complaint (2) Subject to subsections (4) and (5), a complaint pursuant to subsection (1) must be made to the Board not later than ninety days after the date on which the complainant knew, or in the opinion of the Board ought to have known, of the action or circumstances giving rise to the complaint. (3) [Repealed, 1998, c. 26, s. 43] Limitation on complaints against trade unions (4) Subject to subsection (5), no complaint shall be made to the Board under subsection (1) on the ground that a trade union or any person acting on behalf of a trade union has failed to comply with paragraph 95(f) or (g) unless (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the trade union and to which the complainant has been given ready access; (b) the trade union (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal pursuant to paragraph (a), dealt with the grievance or appeal; and (c) the complaint is made to the Board not later than ninety days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint. Exception (5) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by a trade union to comply with paragraph 95(f) or (g) that has not been presented as a grievance or appeal to the trade union, if the Board is satisfied that (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or (b) the trade union has not given the complainant ready access to a grievance or appeal procedure. R.S., 1985, c. L-2, s. 97; 1991, c. 39, s. 2; 1998, c. 26, s. 43; 1999, c. 31, s. 162(E) 2024, c. 17, s. 237
Canada Labour Code — L-2 98
Duty and power of the Board 98 (1) 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 parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, determine the complaint. (2) [Repealed, 1998, c. 26, s. 44] Board may refuse to determine complaint involving collective agreement (3) The Board may refuse to determine any complaint made pursuant to section 97 in respect of a matter that, in the opinion of the Board, could be referred by the complainant pursuant to a collective agreement to an arbitrator or arbitration board. Burden of proof (4) Where a complaint is made in writing pursuant to section 97 in respect of an alleged failure by an employer or any person acting on behalf of an employer to comply with subsection 94(3), the written complaint is itself evidence that such failure actually occurred and, if any party to the complaint proceedings alleges that such failure did not occur, the burden of proof thereof is on that party. R.S., 1985, c. L-2, s. 98; 1998, c. 26, s. 44
Canada Labour Code — L-2 99
 in the opinion of the Board, is equivalent to any financial or other penalty imposed on the employee by the employer; (c.1) in respect of a contravention of paragraph 94(3)(d.1) or (d.2), by order, require the employer to reinstate any medical, dental, disability, life or other insurance plan, or to pay to any employee any benefits under such a plan to which the employee was entitled before the requirements of paragraphs 89(1)(a) to (d) were met; (d) in respect of a failure to comply with paragraph 94(3)(e), by order, require an employer to rescind any action taken in respect of and pay compensation to any employee affected by the failure, not exceeding such sum as, in the opinion of the Board, is equivalent to any financial or other penalty imposed on the employee by the employer; (e) in respect of a failure to comply with paragraph 95(f) or (h), by order, require a trade union to reinstate or admit an employee as a member of the trade union; (f) in respect of a failure to comply with paragraph 95(g), (h) or (i), by order, require a trade union to rescind any disciplinary action taken in respect of and pay compensation to any employee affected by the failure, not exceeding such sum as, in the opinion of the Board, is equivalent to any financial or other penalty imposed on the employee by the trade union; and (g) in respect of a contravention of section 96.1, by order, require an employer to pay to any employee affected by that contravention compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for that contravention, have been paid by the employer to that employee. Idem (2) For the purpose of ensuring the fulfilment of the objectives of this Part, the Board may, in respect of any contravention of or failure to comply with any provision to which subsection (1) applies and in addition to or in lieu of any other order that the Board is authorized to make under that subsection, by order, require an employer or a trade union to do or refrain from doing any thing that it is equitable to require the employer or trade union to do or refrain from doing in order to remedy or counteract any consequence of the contravention or failure to comply that is adverse to the fulfilment of those objectives. R.S., 1985, c. L-2, s. 99; 1991, c. 39, s. 3; 1998, c. 26, s. 45; 1999, c. 31, s. 162(E) 2024, c. 12, s. 10 2024, c. 17, s. 238
Canada Labour Code — L-2 99.01
Time limit 99.01 (1) 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), the Board must exercise its powers and perform its duties and functions under section 98 and, if applicable, under section 99, within the time limit prescribed by the regulations or, if no time limit is prescribed, as soon as feasible. Copy of decision and order (2) The Board must send a copy of its decision and any order to the parties and to the Minister within the time limit referred to in subsection (1). 2024, c. 12, s. 11
Canada Labour Code — L-2 99.1
Certification 99.1 The Board may certify a trade union despite a lack of evidence of majority support if (a) the employer has failed to comply with section 94; and (b) the Board is of the opinion that, but for the unfair labour practice, the trade union could reasonably have been expected to have had the support of a majority of the employees in the unit. 1998, c. 26, s. 46
Canada Labour Code — L-2 100
Lockout contrary to this Part 100 (1) 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 lockout continues. Idem (2) Every person who, on behalf of an employer, declares or causes a lockout contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars. Strike contrary to this Part (3) Every trade union that declares or authorizes a strike 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 strike continues. Idem (4) Every officer or representative of a trade union who declares or authorizes a strike contrary to this Part is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars. 1972, c. 18, s. 1
Canada Labour Code — L-2 100.1
Prohibited use of services during strike or lockout 100.1 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 continued. 2024, c. 12, s. 12
Canada Labour Code — L-2 101
General offences by persons 101 (1) 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 and liable on summary conviction to a fine not exceeding one thousand dollars. General offences by employers or trade unions (2) Subject to section 100, every employer or trade union who or that contravenes or fails to comply with any provision of this Part other than section 50, 94 or 95 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars. 1972, c. 18, s. 1
Canada Labour Code — L-2 102
Further offences 102 Every person who (a) being required to attend to give evidence pursuant to paragraph 16(a), fails, without valid excuse, to attend accordingly, (b) being commanded to produce, pursuant to paragraph 16(a), any document or thing in their possession or under their control, fails to produce the document or thing, (c) refuses to be sworn or to affirm, as the case may be, after being required to do so pursuant to paragraph 16(a), or (d) refuses to answer any proper question put to them, pursuant to paragraph 16(a), by the Board, a conciliation board, a conciliation commissioner, an arbitrator or an arbitration board, is guilty of an offence and liable on summary conviction to a fine not exceeding four hundred dollars. R.S., 1985, c. L-2, s. 102; 1999, c. 31, ss. 159(E), 162(E)
Canada Labour Code — L-2 103
Prosecution of employers’ organizations, trade unions and councils of trade unions 103 (1) 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. Idem (2) For the purpose of a prosecution under subsection (1), (a) an employers’ organization, trade union or council of trade unions shall be deemed to be a person; and (b) any act or thing done or omitted to be done by an officer or agent of an employers’ organization, trade union or council of trade unions within the scope of their authority to act on behalf of the employers’ organization, trade union or council of trade unions shall be deemed to be an act or thing done or omitted to be done by the employers’ organization, trade union or council of trade unions. R.S., 1985, c. L-2, s. 103; 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 104
Consent of Board before prosecution 104 Except with the consent in writing of the Board, no prosecution shall be instituted in respect of an offence under this Part. 1972, c. 18, s. 1; 1977-78, c. 27, s. 69
Canada Labour Code — L-2 104.1
Round-table meetings 104.1 The Minister shall meet from time to time with a group consisting of the experts in industrial relations, and representatives of employers and of trade unions, that the Minister considers advisable for the purpose of discussing industrial relations issues. 1998, c. 26, s. 47
Canada Labour Code — L-2 105
Mediators 105 (1) The Minister, on request or on the Minister’s own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference. Recommendations (2) At the request of the parties or the Minister, a mediator appointed pursuant to subsection (1) may make recommendations for settlement of the dispute or the difference. R.S., 1985, c. L-2, s. 105; 1998, c. 26, s. 48; 1999, c. 31, s. 160(E); 2000, c. 20, s. 24(E)
Canada Labour Code — L-2 106
Inquiries regarding industrial matters 106 The Minister, on application or on the Minister’s own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may affect industrial relations. R.S., 1985, c. L-2, s. 106; 1999, c. 31, s. 160(E)
Canada Labour Code — L-2 107
Additional powers 107 The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary. R.S., 1985, c. L-2, s. 107; 1999, c. 31, s. 160(E)
Canada Labour Code — L-2 108
Industrial Inquiry Commission 108 (1) Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an Industrial Inquiry Commission and to which the Minister shall refer the matter under consideration for investigation and report to the Minister. Idem (2) Where a matter under consideration is referred, pursuant to subsection (1), to an Industrial Inquiry Commission, the Minister shall (a) furnish the Commission with a statement of the matter; and (b) where the inquiry will involve any particular person or organization, inform the person or organization of the appointment. Composition of Commission (3) An Industrial Inquiry Commission shall consist of one or more members to be appointed by the Minister. Functions of Commission (4) Forthwith on its appointment, an Industrial Inquiry Commission (a) shall inquire into the matters referred to it by the Minister and endeavour to carry out its terms of reference; and (b) where the Commission is inquiring into a dispute or difference between any employer and employees and a settlement of the dispute or difference is not effected during the inquiry, shall make its report and recommendations to the Minister within fourteen days after its appointment or within such longer period as the Minister may allow. Distribution and publication of report (5) On receipt of a report of an Industrial Inquiry Commission relating to any dispute or difference between any employer and employees, the Minister shall (a) furnish a copy of the report to each employer and trade union involved in the dispute or difference; and (b) publish the report in such manner as the Minister considers advisable. Powers of Commission (6) An Industrial Inquiry Commission has all of the powers of a person appointed as a Commissioner under Part I of the Inquiries Act . R.S., 1985, c. L-2, s. 108; 1999, c. 31, s. 161(E)
Canada Labour Code — L-2 108.1
Minister may order vote to be held 108.1 (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may (a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and (b) designate the Board, or any other person or body, to be in charge of conducting that vote. No effect on time limits or periods (2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike. Consequences of favourable vote (3) Where the majority of the employees participating in the vote accept the employer’s last offer, (a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and (b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith. Powers respecting vote (4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result. 1993, c. 42, s. 2
Canada Labour Code — L-2 109
Application for access order 109 (1) Where the Board receives from a trade union an application for an order granting an authorized representative of the trade union access to employees living in an isolated location on premises owned or controlled by their employer or by any other person, the Board may make an order granting the authorized representative of the trade union designated in the order access to the employees on the premises of their employer or such other person, as the case may be, that are designated in the order if the Board determines that access to the employees (a) would be impracticable unless permitted on premises owned or controlled by their employer or by such other person; and (b) is reasonably required for purposes relating to soliciting union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a union service to employees. Content of order (2) The Board shall, in every order made under subsection (1), specify the method of access to the employees, the times at which access is permitted and the periods of its duration. 1972, c. 18, s. 1; 1977-78, c. 27, s. 69.1
Canada Labour Code — L-2 109.1
Communication with off-site workers 109.1 (1) On application by a trade union, the Board may, by order, require an employer to give an authorized representative of the trade union mentioned in the order, or the Board, or both, the names and addresses of employees whose normal workplace is not on premises owned or controlled by their employer and authorize the trade union to communicate with those employees, by electronic means or otherwise, if the Board is of the opinion that such communication is required for purposes relating to soliciting trade union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a trade union service to employees. Contents of order (2) An order made under subsection (1) (a) must specify the method of communication, the times of day and the periods during which the communication is authorized, and the conditions that must be met in order to ensure the protection of the privacy and the safety of affected employees and to prevent the abusive use of information; and (b) may include a requirement that the employer, in accordance with any terms and conditions that the Board establishes, transmit the information that the union wishes to communicate to the employees by means of any electronic communications system that the employer uses to communicate with the employees. Board transmission (3) If the Board is of the opinion that the privacy and safety of affected employees cannot otherwise be protected, the Board may (a) provide each employee with the opportunity to refuse the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee does not so refuse, may transmit that name and address to the authorized representative; or (b) transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate. Protection of names and addresses (4) The names and addresses of employees provided under subsection (1) shall not be used unless it is for a purpose consistent with this section. 1998, c. 26, s. 50
Canada Labour Code — L-2 110
Financial statement of trade union and employers’ organization 110 (1) Every trade union and every employers’ organization shall, forthwith on the request of any of its members, provide the member, free of charge, with a copy of a financial statement of its affairs to the end of the last fiscal year, certified to be a true copy by its president and treasurer or by its president and any other officer responsible for the handling and administration of its funds. Idem (2) Any financial statement provided under subsection (1) shall contain information in sufficient detail to disclose accurately the financial condition and operations of the trade union or employers’ organization for the fiscal year for which it was prepared. Complaint to Board where failure to provide financial statement (3) The Board, on the complaint of any member of a trade union or employers’ organization that it has failed to comply with subsection (1), may make an order requiring the trade union or employers’ organization to file with the Board, within the time set out in the order, a statement in such form and with such particulars as the Board may determine. Order of the Board (4) The Board may make an order requiring a trade union or employers’ organization to provide a copy of a statement filed under subsection (3) to such members of the trade union or employers’ organization as the Board in its discretion directs. 1977-78, c. 27, s. 70; 1980-81-82-83, c. 47, s. 53(F); 1984, c. 40, s. 79(F)
Canada Labour Code — L-2 111
Regulations 111 The Governor in Council may make regulations (a) prescribing to or by whom and in what manner any notice, request or report that may be given or made to or received by the Minister shall be given, made or received; (b) prescribing in what form and manner any notice or report that is authorized or required to be given or sent by the Minister, a conciliation commissioner, a conciliation board or an Industrial Inquiry Commission shall be given or sent and what shall constitute sufficient service of such notice or report on the person to whom it is given or sent; (c) designating, with respect to any notice or request authorized or required to be given or sent by the Minister, the officer who may give or send the notice or request on behalf of the Minister; (d) prescribing the form and content of a notice to commence collective bargaining; (e) prescribing the form and content of a notice under section 71 and prescribing any additional information that is to be furnished with such a notice; (f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information that is to be furnished with such a notice; (g) prescribing a time limit for the purposes of subsection 99.01(1), as well as rules respecting the Board’s jurisdiction, and the validity of a decision or order made by it, after the time limit; (h) [Repealed, 1998, c. 26, s. 51] (i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information that is to be furnished with such a request; (j) prescribing the manner in which and the time within which a copy of an order or decision referred to in section 59 shall be filed with the Minister; (k) prescribing the circumstances in which copies of orders and decisions filed with the Minister pursuant to section 59 may be examined by members of the public and the fees, if any, to be charged for providing copies thereof; and (l) prescribing the manner in which a report of a conciliation commissioner or a conciliation board may be released by the Minister to the parties to a dispute pursuant to paragraph 77(a). R.S., 1985, c. L-2, s. 111; 1998, c. 26, s. 51 2024, c. 12, s. 13