Canada Labour Code — L-2 94
Employer interference in trade union 94 (1) No employer or person acting on behalf of an employer shall (a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or (b) contribute financial or other support to a trade union. Exception (2) An employer is deemed not to contravene subsection (1) by reason only that they (a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer, (i) permit an employee or representative of the trade union to confer with them during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer, (ii) provide free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or (iii) permit the trade union to use their premises for the purposes of the trade union; (b) contribute financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees; or (c) express a personal point of view, so long as the employer does not use coercion, intimidation, threats, promises or undue influence. (2.1) [Repealed, 2024, c. 12, s. 9] Prohibitions relating to employers (3) No employer or person acting on behalf of an employer shall (a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union, (ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union, (iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part, (iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part, (v) has made an application or filed a complaint under this Part, or (vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part; (b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any right conferred on them by this Part; (c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of their refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that is not prohibited by this Part; (d) deny to any employee any pension rights or benefits to which the employee would be entitled but for (i) the cessation of work by the employee as the result of a lockout or strike that is not prohibited by this Part, or (ii) the dismissal of the employee contrary to this Part; (d.1) where the requirements of paragraphs 89(1)(a) to (d) have been met, cancel or threaten to cancel a medical, dental, disability, life or other insurance plan, whether administered by the employer or otherwise, that benefits employees, so long as the bargaining agent tenders or attempts to tender to the employer payments or premiums sufficient to continue the plan; (d.2) where the requirements of paragraphs 89(1)(a) to (d) have been met and the bargaining agent has tendered or