C-414264-65-66Elizabeth II2015-2016-2017An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax ActCanada Labour Code, Parliamentary Employment and Staff Relations Act, Public Service Labour Relations Act and Income Tax Act, An Act to amend theAn Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and ...20176

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SUMMARYThis enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:R.S., c. L-2Canada Labour Code

2014, c. 40, s. 21Section 28 of the Canada Labour Code is replaced by the following:

Duty to certify trade union28The 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.

2(1)Section 29 of the Act is amended by adding the following before subsection (1.1):

Representation vote29(1)The Board may, in any case, for the purpose of satisfying itself as to whether employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a representation vote be taken among the employees in the unit.

(2)Section 29 of the Act is amended by adding the following after subsection (1.1):Mandatory vote(2)If a trade union applies for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, and the Board is satisfied that not less than 35% and not more than 50% of the employees in the unit are members of the trade union, the Board shall order that a representation vote be taken among the employees in the unit.

2014, c. 40, s. 4(1)3(1)Subsection 38(1) of the Act is replaced by the following:

Application for revocation of certification38(1)If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union.

2014, c. 40, s. 4(2)(2)Subsection 38(3) of the Act is replaced by the following:Application for order that bargaining agent not entitled to represent bargaining unit(3)If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit.

2014, c. 40, s. 54Section 39 of the Act is replaced by the following:

Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit39(1)If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after any inquiry by way of a representation vote or otherwise that the Board considers appropriate in the circumstances, the Board issatisfied that a majority of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, the Board shall, subject to subsection (2), by order,(a)in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or(b)in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit.Limitation(2)If no collective agreement applicable to a bargaining unit is in force, an order shall not be made under paragraph (1)(a) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit.

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

2014, c. 40, s. 65Section 25 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

Certification of employee organization as bargaining unit25The Board shall, subject to this Part, certify an employee organization as bargaining agent for the employees in a bargaining unit if the Board(a)has received from the employee organization an application for certification as the bargaining agent for the bargaining unit in accordance with this Part;(b)has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23;(c)is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent; and(d)is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.

2014, c. 40, s. 7(1)6(1)The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

Powers of Board in relation to certification26(1)For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may

(2)Section 26 of the Act is amended by adding the following after subsection (1):Representation vote directed to be taken(2)For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit.2014, c. 40, s. 7(3)(3)The portion of subsection 26(3) of the Act before paragraph (a) is replaced by the following:Arrangements to be made for representation vote(3)If, under subsection (2), the Board directs that a representation vote be taken, the Board shall

2014, c. 40, s. 8(1)7(1)Subsection 29(1) of the Act is replaced by the following:

Application for declaration that employee organization no longer represents employees29(1)If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.

2014, c. 40, s. 8(2)(2)Subsections 29(3) to (5) of the Act are replaced by the following:If no collective agreement or award in force(3)If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, at any time after the 12-month period following the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.Taking of representation vote(4)On an application under subsection (1) or (3), the Board in its sole discretion may direct the taking of a representation vote to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit, and in relation to the taking of such a vote the provisions of subsection 26(3) apply.Revocation of certification of employee organization(5)After hearing any application under subsection (1) or (3), the Board shall revoke the certification of an employee organization as bargaining agent for a bargaining unit if the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization.

2003, c. 22, s. 2Public Service Labour Relations Act

2014, c. 40, s. 98Subsections 64(1) and (1.1) of the Public Service Labour Relations Act are replaced by the following:

Conditions for certification64(1)After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied(a)that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent;(b)that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and(c)if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

9Section 65 of the Act is amended by adding the following before subsection (2):

Representation vote65(1)The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.

2014, c. 40, s. 1110Subsection 94(1) of the Act is replaced by the following:

When employee organization no longer represents employees94(1)Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

2014, c. 40, s. 1211Sections 95 and 96 of the Act are replaced by the following:

Taking of representation vote95After the application is made, the Board may order that a representation vote be taken to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit. The provisions of subsection 65(2) apply in relation to the taking of the vote.

Revocation of certification96If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

R.S., c. 1 (5th Supp.)Income Tax Act

12Section 149.01 of the Income Tax Act is repealed.

13Subsection 239(2.31) of the Act is repealed.

Transitional Provisions

Canada Labour Code — existing applications14If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Parliamentary Employment and Staff Relations Act — existing applications15If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 5 comes into force, received an application for certification referred to in paragraph 25(2)(a) of the Parliamentary Employment and Staff Relations Act or an application for a declaration made under subsection 29(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Public Service Labour Relations Act — existing applications16If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 8 comes into force, received an application for certification referred to in paragraph 64(1.1)(a) of the Public Service Labour Relations Act or an application for a declaration made under subsection 94(1) of that Act, and the application has not been finally disposed of before that coming into force, that applicationis to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

Coming into Force

Third day after royal assent17This Act, other than sections 12 and 13, comes into force on the third day after the day on which it receives royal assent.