Canada Labour Code (R.S.C., 1985, c. L-2)

Application

Marginal note:Application of Part

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.

Marginal note:Crown corporations

• 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.

• Marginal note:Limitation

  (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.

• Marginal note:Addition of name to Schedule

  (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 Schedule IV or V to the Financial Administration Act.

Marginal note:Canadian carriers

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.

Marginal note:Employees of Her Majesty

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

Major Projects

Marginal note: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.

DIVISION IBasic Freedoms

Marginal note:Employee freedoms

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

• Marginal note:Employer freedoms

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

DIVISION IICanada Industrial Relations Board

Establishment and Organization

Marginal note:Establishment of Board

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

• Marginal note:Composition of 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.

Marginal note:Appointment of Chairperson and Vice-Chairpersons

• 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.

• Marginal note:Appointment of other members

  (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.

• Marginal note:Exception

  (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.

• Marginal note:Requirement for appointment

  (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.

• Marginal note:Chairperson and Vice-Chairpersons

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

Marginal note:Residence of members

• 10.1 (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.

• Marginal note:Exemption

  (2) The Governor in Council may, by order, exempt a member from the requirement set out in subsection (1), subject to any conditions that the Governor in Council may prescribe.

Marginal note:Full-time occupation

• 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.

• Marginal note:Part-time occupation

  (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.

Marginal note:Reappointment

• 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.

• Marginal note:Completion of duties

  (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.

Marginal note:Functions of Chairperson

• 12.01 (1) The Chairperson 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; and

  • (e) the management of the Board’s internal affairs.

  • (f) [Repealed, 2014, c. 20, s. 416]

• Marginal note:Delegation

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

• (3) [Repealed, 2014, c. 20, s. 416]