Canada Labour Code

CHAPTER L-2

An Act to consolidate certain statutes respecting labour

SHORT TITLE

1. This Act may be cited as the Canada Labour Code.

R.S., c. L-1, s. 1.

INTERPRETATION

2. In this Act,

"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) 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,

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

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

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

(e) aerodromes, aircraft or a line of air transportation,

(f) a radio broadcasting station,

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

(h) 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,

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

(j) 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;

"Minister" means the Minister of Labour.

R.S., 1985, c. L-2, s. 2; 1990, c. 44, s. 17; 1996, c. 31, s. 89; 1999, c. 28, s. 169.

PART I
INDUSTRIAL RELATIONS

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 good relations and constructive collective bargaining practices, and deems the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all;

NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1972, c. 18, Preamble.

Interpretation

3. (1) 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;

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

"bargaining agent" means

(a) 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

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

(i) the term of which has not expired, or

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

"bargaining unit" means a unit

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

(b) to which a collective agreement applies;

"Board" means the Canada Industrial Relations Board established by section 9;

"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;

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

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

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

"dependent contractor" means

(a) 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

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

(ii) 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,

(b) 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

(c) 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;

"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;

"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;

"employer" means

(a) any person who employs one or more employees, and

(b) 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;

"employers' organization" means any organization of employers the purposes of which include the regulation of relations between employers and employees;

"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;

"parties" means

(a) 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,

(b) 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

(c) 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;

"private constable" means a person appointed as a constable under Part III of the Canada Transportation Act;

"professional employee" means an employee who

(a) 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

(b) 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;

"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;

"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;

"unit" means a group of two or more employees.

(2) 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.

R.S., 1985, c. L-2, s. 3; 1996, c. 10, s. 234; 1998, c. 10, s. 182, c. 26, ss. 1, 59(E); 1999, c. 31, ss. 149(E), 162(E).

Application

4. 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.

R.S., c. L-1, s. 108; 1972, c. 18, s. 1.

5. (1) 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.

(2) 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.

(3) 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 Part I or II of Schedule I to the Public Service Staff Relations Act.

R.S., c. L-1, s. 109; 1972, c. 18, s. 1.

5.1 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.

1993, c. 38, s. 88.

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

1972, c. 18, s. 1.

Major Projects

7. 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.

1984, c. 39, s. 22.

DIVISION I
BASIC FREEDOMS

8. (1) Every employee is free to join the trade union of their choice and to participate in its lawful activities.

(2) Every employer is free to join the employers' organization of their choice and to participate in its lawful activities.

R.S., 1985, c. L-2, s. 8; 1999, c. 31, s. 162(E).

DIVISION II
CANADA INDUSTRIAL RELATIONS BOARD

Establishment and Organization

9. (1) A board is established, to be known as the Canada Industrial Relations Board.

(2) The Board is composed of

(a) a Chairperson, to hold office on a full-time basis;

(b) 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;

(c) 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;

(d) 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

(e) any other part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Part II.

R.S., 1985, c. L-2, s. 9; 1998, c. 26, s. 2.

10. (1) 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.

(2) 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.

(3) 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.

(4) 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.

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

R.S., 1985, c. L-2, s. 10; 1998, c. 26, s. 2; 2001, c. 27, s. 215.

10.1 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.

1998, c. 26, s. 2.

11. (1) The full-time members of the Board must not hold any other employment or office in respect of which they receive any remuneration.

(2) 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.

R.S., 1985, c. L-2, s. 11; 1998, c. 26, s. 2.

12. (1) A member of the Board is eligible for reappointment on the expiration of any term of office in the same or another capacity.

(2) 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.

R.S., 1985, c. L-2, s. 12; 1998, c. 26, s. 2.

12.01 (1) The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work of the Board, including

(a) the assignment and reassignment of matters that the Board is seized of to panels;

(b) the composition of panels and the assignment of Vice-Chairpersons to preside over panels;

(c) the determination of the date, time and place of hearings;

(d) the conduct of the work of the Board;

(e) the management of the Board's internal affairs; and

(f) the duties of the staff of the Board.

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

(3) The Chairperson may delegate to a member of the staff of the Board any of the Chairperson's powers, duties and functions under paragraph (1)(e) or (f).

1998, c. 26, s. 2.

12.02 (1) The Chairperson convenes and presides over any meeting of the Board concerning the making of regulations under section 15.

(2) For the purposes of subsection (1), five persons, namely, the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers, constitute a quorum.

(3) At a meeting referred to in subsection (1) at which 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 any matter and who represent employers and employees respectively.

1998, c. 26, s. 2.

12.03 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.

1998, c. 26, s. 2.

12.04 (1) 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.

(2) 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.

1998, c. 26, s. 2.

12.05 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 public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

1998, c. 26, s. 2.

12.06 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).

1998, c. 26, s. 2.

12.07 On receipt of the request, the Minister may take one or more of the following measures:

(a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

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

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

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

1998, c. 26, s. 2.

12.08 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.

1998, c. 26, s. 2.

12.09 The judge has all the powers, rights and privileges that are vested in a superior court, including the power

(a) 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

(b) to administer oaths and examine any person on oath.

1998, c. 26, s. 2.

12.10 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.

1998, c. 26, s. 2.

12.11 (1) Subject to subsections (2) and (3), an inquiry must be conducted in public.

(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.

(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.

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.

(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.

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.

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.

(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.

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.

13. The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act but the Board may establish any other offices elsewhere in Canada that the Chairperson considers necessary for the proper performance of the Board's mandate.

R.S., 1985, c. L-2, s. 13; 1998, c. 26, s. 2.

13.1 The employees who are necessary for the proper conduct of the work of the Board are to be appointed in accordance with the Public Service Employment Act.

1998, c. 26, s. 2.

14. (1) Subject to subsection (3), a panel of not less 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 Part.

(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.

(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.

(4) A Chairperson or Vice-Chairperson making a determination under subsection (3) is deemed to be a panel for the purposes of this Part.

(5) A panel has all the powers, rights and privileges that are conferred on the Board by this Part with respect to any matter assigned to the panel under this Part.

(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.

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.

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.

(2) The panel must render its decision and give notice of it to the parties no later than ninety days after the day on which it reserved its decision or within any further period that may be determined by the Chairperson.

1998, c. 26, s. 2.

Powers and Duties

15. The Board may make regulations of general application respecting

(a) the establishment of rules of procedure for its pre-hearing proceedings and hearings;

(a.1) 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;

(b) the determination of units appropriate for collective bargaining;

(c) the certification of trade unions as bargaining agents for bargaining units;

(d) the conduct of representation votes;

(e) 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;

(f) 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;

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

(g.1) an expeditious procedure and matters that may be determined under that procedure;

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

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

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

(k) 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;

(l) 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;

(m) the determination of the form in which and the period during which evidence as to

(i) the membership of any employees in a trade union,

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

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

shall be presented to the Board on an application made to it pursuant to this Part;

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

(o) 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;

(o.1) the conditions for valid strike or lockout votes;

(p) 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 Board to make decisions on uncontested applications or questions; and

(q) such other matters and things as may be incidental or conducive to the proper performance of the duties of the Board under this Part.

R.S., 1985, c. L-2, s. 15; 1998, c. 26, s. 3.

15.1 (1) The Board, or any member or employee of the Board designated 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.

(2) The Board, on application by an employer or a trade union, may give declaratory opinions.

1998, c. 26, s. 4.

16. The Board has, in relation to any proceeding before it, power

(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the Board deems requisite to the full investigation and consideration of any matter within its jurisdiction that is before the Board in the proceeding;

(a.1) to order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the times, dates and places of the hearings for those procedures;

(a.2) to order that a hearing or a pre-hearing conference be conducted using a means of telecommunication that permits the parties and the Board to communicate with each other simultaneously;

(b) to administer oaths and solemn affirmations;

(c) to receive and accept such evidence and information on oath, affidavit or otherwise as the Board in its discretion sees fit, whether admissible in a court of law or not;

(d) to examine, in accordance with any regulations of the Board, such evidence as is submitted to it respecting the membership of any employees in a trade union seeking certification;

(e) to examine documents forming or relating to the constitution or articles of association of

(i) a trade union or council of trade unions that is seeking certification, or

(ii) any trade union forming part of a council of trade unions that is seeking certification;

(f) to make such examination of records and such inquiries as it deems necessary;

(f.1) to compel, at any stage of a proceeding, any person to provide information or produce the documents and things that may be relevant to a matter before it, after providing the parties the opportunity to make representations;

(g) to require an employer to post and keep posted in appropriate places, or to transmit by any electronic means that the Board deems appropriate, any notice that it considers necessary to bring to the attention of any employees any matter relating to the proceeding;

(h) subject to such limitations as the Governor in Council may, in the interests of defence or security, prescribe by regulation, to enter any premises of an employer where work is being or has been done by employees and to inspect and view any work, material, machinery, appliances or articles therein and interrogate any person respecting any matter that is before the Board in the proceeding;

(i) to order, at any time before the proceeding has been finally disposed of by the Board, that

(i) a representation vote or an additional representation vote be taken among employees affected by the proceeding in any case where the Board considers that the taking of such a vote would assist the Board to decide any question that has arisen or is likely to arise in the proceeding, whether or not such a representation vote is provided for elsewhere in this Part, and

(ii) the ballots cast in any representation vote ordered by the Board pursuant to subparagraph (i) or any other provision of this Part be sealed in ballot boxes and not counted except as directed by the Board;

(j) to enter on the premises of an employer for the purpose of conducting representation votes during working hours;

(k) to authorize any person to do anything that the Board may do under paragraphs (a) to (h), (j), or (m) and to report to the Board thereon;

(l) to adjourn or postpone the proceeding from time to time;

(l.1) to defer deciding any matter, where the Board considers that the matter could be resolved by arbitration or an alternate method of resolution;

(m) to abridge or extend the time for doing any act, filing any document or presenting any evidence in connection with a proceeding;

(m.1) to extend the time limits set out in this Part for instituting a proceeding;

(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; and

(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.

R.S., 1985, c. L-2, s. 16; 1998, c. 26, s. 5.

16.1 The Board may decide any matter before it without holding an oral hearing.

1998, c. 26, s. 6.

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.

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.

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.

(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.

(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.

(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.

19. Where, under this Part, the Board may make or issue any order or decision, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so, either generally or in any particular case or class of cases.

R.S., c. L-1, s. 120; 1972, c. 18, s. 1.

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 Part.

1998, c. 26, s. 8.

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.

(2) A decision referred to in subsection (1) is, except as stipulated by the Board, final.

(3) In this section, "decision" includes an order, a determination and a declaration.

1977-78, c. 27, s. 42.

21. The Board shall exercise such powers and perform such duties as are conferred or imposed on it by this Part, or as may be incidental to the attainment of the objects of this Part, including, without restricting the generality of the foregoing, the making of orders requiring compliance with the provisions of this Part, with any regulation made under this Part or with any decision made in respect of a matter before the Board.

R.S., c. L-1, s. 121; 1972, c. 18, s. 1.

Review and Enforcement of Orders

22. (1) Subject to this Part, every order or decision of the Board is final and shall not 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.

(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.

(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.

23. (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board, file a copy of the order or decision, exclusive of the reasons therefor, 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.

(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.

(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.

23.1 The Board may, on application by a person or organization affected by an order or decision of the Board, file a copy of the order or decision, exclusive of the reasons for it, in the superior court of a province. Section 23 applies, with the modifications that the circumstances require, to an order or decision filed in such a superior court.

1998, c. 26, s. 10.