Bill C-19

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	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts''.
	SUMMARY
	This enactment implements reforms to the industrial relations provisions of Part I of the Canada Labour Code, to provide a framework for collective bargaining that enhances the ability of labour and management to frame their own agreements and allows workplace disputes to be resolved in a timely and cost effective manner.
	The key components of the enactment include:
	(a) the creation of a representational board, the Canada Industrial Relations Board, with appropriate powers to allow for the timely and cost effective administration of the regime;
	(b) streamlining of the conciliation process;
	(c) clarification of the rights and obligations of the parties during a work stoppage, including requirements for secret strike and lockout votes and advance strike and lockout notices;
	(d) a requirement for parties involved in a work stoppage to continue services necessary to protect public health or safety;
	(e) a requirement for the maintenance of services affecting grain shipments in the event of legal work stoppages by any third parties in the ports;
	(f) making the undermining of a trade union's representational capacity during a strike or lockout an unfair labour practice; and
	(g) improving access to collective bargaining for off-site workers.
	This enactment also repeals the provisions of the Corporations and Labour Unions Returns Act respecting trade unions.
	EXPLANATORY NOTES
	Canada Labour Code
	Clause 1: The definitions ``Board'', ``conciliation board'' and ``conciliation commissioner'' in subsection 3(1) read as follows:
	``Board'' means the Canada Labour Relations Board continued by section 9;
	``conciliation board'' means a board established by the Minister under paragraph 72(1)(c) or 74(b);
	``conciliation commissioner'' means a person appointed by the Minister under paragraph 72(1)(b) or 74(a);
	Clause 2: The headings before section 9 and sections 9 to 14 read as follows:
	DIVISION II
	CANADA LABOUR RELATIONS BOARD
	Composition and Operation
	9. (1) The labour relations board now existing under the name of the Canada Labour Relations Board is hereby continued under that name.
	(2) The Canada Labour Relations Board shall consist of a Chairman, a Vice-Chairman, such additional number of Vice-Chairmen, not exceeding four, as the Governor in Council considers advisable and
	(a) not less than four or more than eight other full-time members; and
	(b) such other part-time members as the Governor in Council considers necessary to assist the Board in carrying out its functions under Part II.
	(3) The Chairman is the chief executive officer of the Board.
	10. (1) Subject to subsections (2) and (3), the members of the Board shall be appointed by the Governor in Council to hold office during good behaviour for terms not exceeding
	(a) in the case of the Chairman and a Vice-Chairman, ten years;
	(b) in the case of any other full-time member, five years; and
	(c) in the case of any part-time member, three years.
	(2) A member of the Board is removable by the Governor in Council for cause.
	(3) A person is not eligible to hold office as a member of the Board if the person
	(a) is not a Canadian citizen;
	(b) holds any other employment or office in respect of which that person receives any remuneration; or
	(c) has attained the age of seventy years.
	(4) Notwithstanding subsection (3), a person is eligible to hold office as a part-time member of the Board, whether or not that person holds any other employment or office in respect of which he receives any remuneration.
	(5) Subject to subsection (3), a retiring Chairman, Vice-Chairman or other member of the Board may be re-appointed to the Board in the same or another capacity.
	11. Where a member of the Board ceases to be a member of the Board for any reason other than removal from the Board by the Governor in Council pursuant to subsection 10(2) or a reason specified in paragraph 10(3)(a) or (b), the member may, notwithstanding anything in this Part, carry out and complete any duties or responsibilities that the member would otherwise have had, if he had not ceased to be a member, in connection with any matter that came before the Board while he was still a member thereof and in respect of which there was any proceeding in which he participated as a member.
	12. Each member of the Board and person carrying out duties or responsibilities under section 11
	(a) shall be paid a salary to be fixed by the Governor in Council; and
	(b) is entitled to be paid reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of his duties under this Part.
	13. (1) The head office of the Board shall be in the National Capital Region described in the schedule to the National Capital Act, but the Board may establish such other offices elsewhere in Canada as it considers necessary for the proper performance of its duties under this Part.
	(2) The Board may meet for the conduct of its business or for any proceeding before the Board at such times and places in Canada as it considers necessary or desirable.
	14. (1) At any meeting of the Board for the conduct of its business and for any proceeding before the Board, at least three members shall be present, one of whom shall be either the Chairman or a Vice-Chairman.
	(2) Notwithstanding subsection (1), any member of the Board may dispose of any uncontested application or uncontested question made or referred to the Board under this Part and, in relation to any such application or question, any such member
	(a) has all the powers, rights and privileges that are conferred on the Board by this Act other than the power to make regulations under section 15; and
	(b) is subject to all of the obligations and limitations that are imposed on the Board by this Act.
	(3) A decision made by a majority of the members present at any meeting of the Board or by a member of the Board in circumstances referred to in subsection (2) is a decision of the Board.
	Clause 3: (1) to (3) Paragraphs 15(a.1), (g.1) and (o.1) are new. The relevant portion of section 15 reads as follows:
	15. The Board may make regulations of general application respecting
	(a) the establishment of rules of procedure for its hearings;
	...
	(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; and
	Clause 4: New.
	Clause 5: Paragraphs 16(a.1), (a.2), (f.1), (l.1), (m.1) and (o.1) are new. The relevant portion of section 16 reads as follows:
	16. The Board has, in relation to any proceeding before it, power
	...
	(g) to require an employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring to the attention of any employees any matter relating to the proceeding;
	...
	(k) to authorize any person to do anything that the Board may do under paragraphs (b) to (h) or paragraph (j) and to report to the Board thereon;
	...
	(m) to abridge or enlarge the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence in connection with the proceeding;
	Clause 6: New.
	Clause 7: New.
	Clause 8: New.
	Clause 9: New.
	Clause 10: New.
	Clause 11: Subsection 24(3) reads as follows:
	(3) An application for certification under subsection (2) in respect of a unit shall not, except with the consent of the Board, be made during the first six months of a strike or lockout of employees in the unit that is not prohibited by this Part.
	Clause 12: New.
	Clause 13: New.
	Clause 14: Subsection 30(2) reads as follows:
	(2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that he does not wish to be represented by any trade union named on the ballots.
	Clause 15: (1) New.
	(2) The relevant portion of subsection 33(3) reads as follows:
	(3) Where an employer ceases to be a member of an employers' organization or withdraws the authority referred to in subsection (1) that the employer granted to the employers' organization, the employer
	Clause 16: (1) Subsections 34(1) and (2) read as follows:
	34. (1) Where employees are employed in
	(a) the long-shoring industry, or
	(b) such other industry in such geographic area as may be designated by regulation of the Governor in Council on the recommendation of the Board,
	the Board may determine that the employees of two or more employers in such an industry in such a geographic area constitute a unit appropriate for collective bargaining and may, subject to this Part, certify a trade union as the bargaining agent for the unit.
	(2) No recommendation under paragraph (1)(b) shall be made by the Board unless, on inquiry, it is satisfied that the employers engaged in an industry in a particular geographic area obtain their employees from a group of employees the members of which are employed from time to time by some or all of those employers.
	(2) and (3) New.
	Clause 17: Section 35 reads as follows:
	35. Where, in the opinion of the Board, associated or related federal works, undertakings or businesses are operated by two or more employers having common control or direction, the Board may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business.
	Clause 18: (1) The relevant portion of subsection 36(1) reads as follows:
	36. (1) Where a trade union is certified as the bargaining agent for a bargaining unit,
	(2) New.
	Clause 19: New.
	Clause 20: Subsection 38(5) reads as follows:
	(5) An application under subsection (1) or (3) shall not, except with the consent of the Board, be made in respect of the bargaining agent for employees in a bargaining unit during the first six months of a strike or lockout of those employees that is not prohibited by this Part.
	Clause 21: (1) The definition ``sell'' in subsection 44(1) reads as follows:
	``sell'', in relation to a business, includes the lease, transfer and other disposition of the business.
	(2) New.
	(3) The relevant portion of subsection 44(2) reads as follows:
	(2) Subject to subsections 45(1) to (3), where an employer sells his business,
	(4) New.
	Clause 22: Sections 45 and 46 read as follows:
	45. (1) Where an employer sells his business and his employees are intermingled with employees of the employer to whom the business is sold, the Board may, on application to it by any trade union affected,
	(a) determine whether the employees affected by the sale constitute one or more units appropriate for collective bargaining;
	(b) determine which trade union shall be the bargaining agent for the employees in each such unit; and
	(c) amend, to the extent the Board considers necessary, any certificate issued to a trade union or the description of a bargaining unit contained in any collective agreement.
	(2) Where an employer sells his business and his employees are intermingled with employees of the employer to whom the business is sold, a collective agreement that affects the employees in a unit determined to be appropriate for collective bargaining pursuant to subsection (1) that is binding on the trade union determined by the Board to be the bargaining agent for that bargaining unit continues to be binding on that trade union.
	(3) Either party to a collective agreement referred to in subsection (2) may, at any time after the sixtieth day has elapsed from the date on which the Board disposes of an application made to it under subsection (1), apply to the Board for an order granting leave to serve on the other party a notice to bargain collectively.
	(4) On application being made to it pursuant to subsection (3), the Board shall take into account the extent to which and the fairness with which the provisions of the collective agreement, particularly those dealing with seniority, have been or could be applied to all the employees to whom the collective agreement is applicable.
	46. Where any question arises under section 44 or 45 as to whether or not a business has been sold or as to the identity of the purchaser of a business, the Board shall determine the question.
	Clause 23: The relevant portion of section 47.1 reads as follows:
	47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the public service of Canada,
	Clause 24: Section 47.3 reads as follows:
	47.3 Notwithstanding sections 6 and 7 of the Airport Transfer (Miscellaneous Matters) Act, sections 47 to 47.2 apply in the place of sections 6 and 7 of that Act with respect to employees designated pursuant to that Act as designated employees for an airport sold, leased or otherwise transferred to a corporation or other body designated pursuant to that Act.
	Clause 25: Subsection 49(1) reads as follows:
	49. (1) Either party to a collective agreement may, within the period of three months immediately preceding the date of expiration of the term of the collective agreement, or within such longer period as may be provided for in the collective agreement, by notice, require the other party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement.
	Clause 26: The relevant portion of subsection 53(2) reads as follows:
	(2) On receipt of an application for an order determining the matters alleged under subsection (1) and after affording an opportunity for the parties to be heard, the Board may, by order,
	Clause 27: (1) Paragraphs (a.1) to (a.4) are new. The relevant portion of subsection 60(1) reads as follows:
	60. (1) An arbitrator or arbitration board has
	(a) in relation to any proceeding before the arbitrator or arbitration board, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b) and (c); and
	(2) New.
	Clause 28: Subsection 65(1) reads as follows:
	65. (1) Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the parties or employees bound by a collective agreement, the arbitrator or arbitration board, the Minister or any alleged party may refer the question to the Board for hearing and determination.
	Clause 29: New.
	Clause 30: Section 70.1 is new. Section 71 and the headings before it read as follows:
	DIVISION V
	CONCILIATION AND FIRST AGREEMENTS
	Conciliation Procedures
	71. Where a notice to commence collective bargaining has been given under this Part and
	(a) collective bargaining has not commenced within the time fixed by this Part, or
	(b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement,
	either party may inform the Minister, by notice in writing, of their failure to enter into, renew or revise a collective agreement.
	Clause 31: New.
	Clause 32: The relevant portion of subsection 73(2) reads as follows:
	(2) Where a conciliation officer has been appointed under section 72, the conciliation officer shall
	...
	(b) within fourteen days after the date of the appointment, or within such longer period as the Minister may allow, report to the Minister as to whether or not the officer has succeeded in assisting the parties in entering into or revising a collective agreement.
	Clause 33: Sections 74 to 79 read as follows:
	74. Where a conciliation officer appointed under section 72 reports to the Minister that he has been unable to assist the parties to a dispute in entering into or revising a collective agreement, the Minister shall, not later than fifteen days after receiving the report,
	(a) appoint a conciliation commissioner;
	(b) establish a conciliation board in accordance with section 82; or
	(c) notify the parties, in writing, of his intention not to appoint a conciliation commissioner or establish a conciliation board.
	75. (1) Where a conciliation commissioner or conciliation board has been appointed or established under this Part, the Minister shall forthwith deliver to the conciliation commissioner or conciliation board a copy of the notice, if any, given pursuant to section 71 in respect of the dispute and may, at any time before the conciliation commissioner or conciliation board makes his or its report, refer any matter not mentioned in the notice to the conciliation commissioner or conciliation board for his or its consideration.
	(2) Where a conciliation commissioner or conciliation board has been appointed or established under this Part, the conciliation commissioner or conciliation board shall forthwith endeavour to assist the parties to the dispute in entering into or revising a collective agreement.
	76. (1) A conciliation commissioner or conciliation board shall, within fourteen days after the appointment of the conciliation commissioner or the establishment of the conciliation board, or within such longer period as may be agreed on by the parties or allowed by the Minister, report to the Minister as to his or its success or failure in assisting the parties to the dispute and as to his or its findings and recommendations.
	(2) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairman of the conciliation board is the report of the conciliation board.
	77. (1) After a conciliation commissioner or conciliation board has made his or its report pursuant to section 76, the Minister may forthwith direct the conciliation commissioner or conciliation board to reconsider the report and clarify or amplify any part of it.
	(2) Where, pursuant to subsection (1), the Minister directs a conciliation commissioner or conciliation board to reconsider a report, the report shall be deemed not to have been received by the Minister until the Minister receives the revised report.
	78. Where the Minister has received the report of a conciliation commissioner or a conciliation board, the Minister
	(a) shall forthwith release a copy of the report to the parties to the dispute; and
	(b) may make the report available to the public in such manner as the Minister considers advisable.
	79. Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the conciliation commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations.
	Clause 34: Subsection 80(4) reads as follows:
	(4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement shall be effective for a period of one year from the date on which the Board settles the terms and conditions of the collective agreement.
	Clause 35: Subsection 82(1) reads as follows:
	82. (1) Where the Minister has, pursuant to section 72 or 74, decided to establish a conciliation board, the Minister shall forthwith, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board.
	Clause 36: Section 86 reads as follows:
	86. No order shall be made, process entered or proceeding taken in any court
	(a) to question the appointment or establishment or the refusal to appoint or establish a conciliation commissioner or conciliation board; or
	(b) to review, prohibit or restrain any proceeding of a conciliation commissioner or conciliation board.
	Clause 37: New.
	Clause 38: New.
	Clause 39: Paragraphs 89(1)(e) and (f) are new. The relevant portion of subsection 89(1) reads as follows:
	89. (1) No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless
	...
	(d) seven days have elapsed after the date on which the Minister
	(i) notified the parties of his intention not to appoint a conciliation officer or conciliation commissioner or to establish a conciliation board under subsection 72(1),
	(ii) notified the parties of his intention not to appoint a conciliation commissioner or to establish a conciliation board under section 74, or
	(iii) released a copy of the report of a conciliation commissioner or conciliation board to the parties to the dispute pursuant to paragraph 78(a).
	Clause 40: The relevant portion of subsection 91(2) reads as follows:
	(2) Where an employer applies to the Board under subsection (1) for a declaration that a strike was, is or would be unlawful, the Board may, after affording the trade union or employees referred to in subsection (1) an opportunity to be heard on the application, make such a declaration and, if the employer so requests, may make an order
	Clause 41: The relevant portion of section 92 reads as follows:
	92. Where a trade union alleges that an employer has declared or caused or is about to declare or cause a lockout of employees in contravention of this Part, the trade union may apply to the Board for a declaration that the lockout was, is or would be unlawful and the Board may, after affording the employer an opportunity to be heard on the application, make such a declaration and, if the trade union so requests, may make an order
	Clause 42: (1) New. The relevant portion of subsection 94(2) reads as follows:
	(2) An employer is deemed not to contravene subsection (1) by reason only that he
	(2) New.
	(3) New. The relevant portion of subsection 94(3) reads as follows:
	(3) No employer or person acting on behalf of an employer shall
	Clause 43: The relevant portion of subsection 97(1) reads as follows:
	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, 50, 69, 94 or 95; or
	(2) Subsections 97(2) and (3) read as follows:
	(2) Subject to subsections (3) to (5), a complaint pursuant to subsection (1) shall 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) Except with the consent in writing of the Minister, no complaint shall be made to the Board under subsection (1) in respect of an alleged failure to comply with section 50 or paragraph 94(3)(g) or 95(a) or (b).
	(3) The relevant portion of subsection 97(5) reads as follows:
	(5) The Board may, on application to it by a complainant, hear 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
	Clause 44: (1) Subsections 98(1) and (2) read as follows:
	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, hear and determine the complaint.
	(2) The Board may refuse to hold a public hearing on a complaint made in respect of an alleged contravention of section 37 or non-compliance with section 69 if, in the opinion of the Board, such a hearing would not be consistent with the objectives of this Part.
	(2) Subsection 98(3) reads as follows:
	(3) The Board may refuse to hear and 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.
	Clause 45: Paragraphs 99(1)(b.1) to (b.3) are new. The relevant portion of subsection 99(1) reads as follows:
	99. (1) Where, under section 98, the Board determines that a party to a complaint has contravened or failed to comply with subsection 24(4) or 34(6) or section 37, 50, 69, 94, 95 or 96, the Board may, by order, require the party to comply with or cease contravening that subsection or section and may
	(a) in respect of a failure to comply with subsection 24(4) or paragraph 50(b), by order, require an employer to pay to any employee compensation not exceeding such sum as, in the opinion of the Board, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;
	Clause 46: New.
	Clause 47: New.
	Clause 48: New.
	Clause 49: The heading before section 109 reads as follows:
	Access to Employer's Premises
	Clause 50: New.
	Clause 51: (1) to (3) The relevant portion of section 111 reads as follows:
	111. The Governor in Council may make regulations
	...
	(c) designating, with respect to any notice, request or consent authorized or required to be given or sent by the Minister, the officer who may give or send the notice, request or consent on behalf of the Minister;
	...
	(f) prescribing the form and content of a request to the Minister for his consent, pursuant to subsection 97(3), to the making of a complaint under section 97;
	(g) respecting the filing of a reply by persons named in complaints referred to in subsection 97(3);
	(h) respecting the investigation or resolution on behalf of the Minister of complaints referred to in subsection 97(3);
	...
	(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 78(a).
	Clause 52: New.
	Clause 53: Subsection 112(2) reads as follows:
	(2) A certificate purporting to be signed by the Minister or by an official of the Minister's department stating that a report, request, notice or consent was or was not received or given by the Minister pursuant to this Part and, if so received or given, stating the date on which it was so received or given, is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof thereof.
	Clause 54: New.
	Clause 55: The definition ``Board'' in subsection 122(1) reads as follows:
	``Board'' means the Canada Labour Relations Board continued by section 9;
	Clause 56: The heading before section 156 reads as follows:
	Powers of the Canada Labour Relations Board
	Clause 57: The relevant portion of subsection 156(1) reads as follows:
	156. (1) Notwithstanding subsection 14(1), any member of the Board may dispose of any reference or complaint made to the Board under this Part and, in relation to any reference or complaint so made, any member
	Clause 58: The relevant portion of subsection 242(2) reads as follows:
	(2) An adjudicator to whom a complaint has been referred under subsection (1)
	...
	(c) has, in relation to any complaint before the adjudicator, the powers conferred on the Canada Labour Relations Board, in relation to any proceeding before the Board, under paragraphs 16(a), (b) and (c).
	Corporations and Labour Unions Returns Act
	Clause 62: The long title reads as follows:
	An Act to provide for the reporting of financial and other statistics relating to the affairs of corporations and labour unions carrying on activities in Canada
	Clause 63: Section 1 reads as follows:
	1. This Act may be cited as the Corporations and Labour Unions Returns Act.
	Clause 64: (1) The definition ``union'' or ``labour union'' in subsection 2(1) reads as follows:
	``union'' or ``labour union'' means any organization of employees that has as one of its purposes the regulation of relations between employers and employees and that has a constitution setting out its objectives and its conditions for membership.
	(2) The definition ``reporting period'' in subsection 2(1) reads as follows:
	``reporting period'', in relation to a corporation, means a fiscal period of the corporation within the meaning of the Income Tax Act and, in relation to a union, means, with respect to the return required under paragraph 12(1)(a), a calendar year and, with respect to the return required under paragraph 12(1)(b), a fiscal period of the union, and the fiscal period of the union shall be deemed, for the purposes of this Act, to end not later than twelve months after its commencement unless extended with the concurrence of the Minister;
	Clause 65: Part II reads as follows:
	PART II
	LABOUR UNIONS
	Application
	11. This Part applies to every labour union carrying on activities as such in Canada and
	(a) having a local union or branch in Canada, or
	(b) carrying on activities in Canada independently of any other labour union,
	except a labour union that, on the last day of the reporting period of the union in respect of which the description of the union is relevant, had fewer than one hundred members resident in Canada.
	Returns
	12. (1) Subject to subsection (3), every labour union to which this Part applies shall, for each reporting period of the union, file with the Chief Statistician of Canada, not later than ninety days after the end of that reporting period,
	(a) a return in the prescribed form containing the prescribed information including the following particulars:
	(i) the name of the union,
	(ii) the address of the headquarters of the union and, in the case of a union having its headquarters situated outside Canada, the address of its principal office in Canada or place to which communications for the purposes of this Part may be directed,
	(iii) the provisions of the constitution of the union,
	(iv) the name and address of each officer of the union and the position in the union held by each such officer,
	(v) the name, address and nationality or citizenship of each officer and employee of the union resident in Canada, other than a person performing primarily clerical or stenographic duties, and the position in the union held by, and the manner of election or appointment of, each such officer and employee,
	(vi) the name and address of each local union or branch of the union in Canada, the name and address of each officer of any such local union or branch, and the number of male members and the number of female members of any such local union or branch,
	(vii) the name of each local union or branch of the union in Canada under a trusteeship imposed by the union, the date on which the trusteeship was imposed and the reasons therefor,
	(viii) the name and address of each employer resident in Canada with which the union or a local union or branch of the union has a collective agreement, the number of male members and the number of female members of any local union or branch of the union covered by the collective agreement and the total number of employees covered by the collective agreement, and
	(ix) such other particulars relating to the union as may be prescribed; and
	(b) a return comprising
	(i) a set of financial statements for the reporting period, consisting of
	(A) a balance sheet showing the assets and liabilities of the union, made up as of the last day of the reporting period,
	(B) a statement of income and expenditure for the reporting period, and
	(C) a financial statement in respect of each special fund of the union within a prescribed class of special funds,
	in such form and containing such particulars and other information relating to the financial position of the union as may be prescribed, and
	(ii) in the case of a union having its headquarters situated outside Canada, a statement in the prescribed form and containing such particulars as may be prescribed showing
	(A) amounts paid or credited to the union in the reporting period by, on behalf of or in respect of members resident in Canada, and
	(B) expenditures made by the union in the reporting period inside or outside Canada and recorded separately in the accounts of the union as being directly related to its operations in Canada.
	(2) A labour union having its headquarters situated outside Canada may, at the same time as it files the return required under paragraph (1)(b) in respect of a reporting period, file, in addition, a statement showing all expenditures made by the union in the reporting period inside or outside Canada for the benefit of members resident in Canada other than those expenditures reported pursuant to clause (1)(b)(ii)(B).
	(3) Where a labour union ceases to exist during a reporting period, the last day of the reporting period shall be deemed to be the day on which the union ceased to exist, and the returns required under subsection (1) shall be filed not later than thirty days after that day.
	(4) In this section,
	``local union'' means the lowest structural unit of a union that elects its own slate of officers;
	``special fund'' means a fund set up for a specified purpose and accounted for in a self-balancing financial statement.
	13. (1) In every return required by this Part to be filed with the Chief Statistician of Canada, the particulars described in subparagraphs 12(1)(a)(iii) to (viii) shall, subject to subsection (2), be specified therein as of the last day of the reporting period for which the return is filed.
	(2) Where a union has filed a return for a reporting period specifying, as of the last day of that reporting period, the particulars described in any of the subparagraphs referred to in subsection (1), the union is not bound, in filing a return for a subsequent reporting period, to specify the same particulars in the absence of any change therein as of the last day of that subsequent period.
	(3) Each return and each statement comprised in a return required by this Part to be filed with the Chief Statistician of Canada shall be certified by the president or a vice-president of the union and by the secretary or treasurer thereof, or by any of those officers and by any member of the executive board of the union, as having been examined by them and as being true, correct and complete.
	(4) Each statement comprised in the return required under paragraph 12(1)(b) to be filed with the Chief Statistician of Canada shall be accompanied by an auditor's report thereon signed by the auditor by whom the report was made.
	(5) Where a union has failed to file with the Chief Statistician of Canada a return for a reporting period as and when required by this Part, the Minister may, by demand made by registered letter to the senior executive officer or representative of the union in Canada or any officer or agent of a local union or branch of the union in Canada, require that executive officer, representative, officer or agent to file with the Chief Statistician of Canada, within such reasonable time as is stipulated in the registered letter, the return required by this Part on behalf of the union.
	Offence and Punishment
	14. (1) Every union that fails to file with the Chief Statistician of Canada a return for a reporting period as and when required by this Part is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars for each day of the default.
	(2) A prosecution for an offence under this section may be brought against a union in the name of the union and, for the purposes of any such prosecution, a union shall be deemed to be a person and any act or thing done or omitted to be done by an officer or agent of the union acting within the scope of the authority of the officer or agent to act on behalf thereof shall be deemed to be an act or thing done or omitted to be done by the union.
	(3) Where a union commits an offence under this section, every officer, member of the executive board or agent of the union who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction to the fine provided by subsection (1) for the offence or to imprisonment for a term not exceeding three months or to both, whether or not the union has been prosecuted or convicted.
	15. Every person who fails to comply with any demand made to that person under subsection 13(5) is guilty of an offence and liable on summary conviction to the punishment provided by subsection 14(3) for an offence under section 14, whether or not the union or any other person has been prosecuted or convicted therefor.
	Clause 66: Section 16 reads as follows:
	16. (1) The information contained in any return filed by a corporation pursuant to section 4 shall be made available to the Minister of Industry and the information contained in any return filed by a union pursuant to paragraph 12(1)(a) shall be made available to the Minister of Labour, and that information shall be made available by the Minister of Industry or the Minister of Labour, as the case may be, for inspection by any person, on application at any reasonable time and on payment of such fee, not exceeding one dollar in respect of any one corporation or union, as may be prescribed.
	(2) The Chief Statistician of Canada may at any time provide, free of charge, any department or agency of the Government of Canada or the government of any province with any information obtained from returns filed by unions pursuant to paragraph 12(1)(a) and any such department or agency may publish any information so provided.
	Clause 67: The relevant portion of subsection 18(1) reads as follows:
	18. (1) Except as provided in section 19, all information contained in a return filed by a corporation pursuant to section 5 or 6 or by a labour union pursuant to paragraph 12(1)(b) or subsection 12(2) is privileged and no official or authorized person shall knowingly
	Clause 68: Sections 21 and 22 read as follows:
	21. In any prosecution for an offence under Part I or II, a certificate purporting to be signed by the Chief Statistician of Canada or any person authorized by the Chief Statistician of Canada in writing in that behalf that a return was not filed with the Chief Statistician of Canada by any corporation, union or person as and when required by that Part is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained therein.
	22. (1) The Minister shall, as soon as possible after the end of each year, cause to be prepared a report containing a statistical summary and analysis of information obtained under this Act, contained in returns filed by corporations and unions for reporting periods coinciding with or ending in that year, and shall cause the report to be laid before Parliament forthwith on its completion, if Parliament is then sitting, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
	(2) In any report described in subsection (1), the statistical summary and analysis contained therein shall be so presented or shown as not to disclose particulars of, or identify or permit identification of the source of, information contained in any statement comprised in a return filed by a corporation pursuant to section 5 or 6 or by a union pursuant to paragraph 12(1)(b) or subsection 12(2).
	Clause 69: The relevant portion of subsection 23(1) reads as follows:
	23. (1) The Governor in Council may make regulations
	...
	(c) prescribing the forms to be used and the information to be included thereon by corporations filing returns pursuant to section 4, 5 or 6 and by labour unions filing returns pursuant to section 12;
	Airport Transfer (Miscellaneous Matters) Act
	Clause 72: The heading before section 6 and sections 6 and 7 read as follows:
	LABOUR RELATIONS
	6. (1) Subject to subsection (2), where the Minister has sold, leased or otherwise transferred an airport to a designated airport authority, a collective agreement or arbitral award that applies to any designated employees for the airport and is in force on the transfer date shall continue thereafter in force until its term expires, and the Public Service Staff Relations Act continues to apply in all respects to the interpretation and application of the agreement or award.
	(2) Subsections 47(2) to (7) of the Canada Labour Code apply in respect of a collective agreement or arbitral award continued by subsection (1) as if it were a collective agreement referred to in those subsections.
	(3) For greater certainty, a collective agreement or arbitral award continued by subsection (1) is deemed to be a collective agreement within the meaning of section 49 of the Canada Labour Code, and Part I of that Act, other than section 80, applies in respect of the renewal or revision of the collective agreement or the entering into of a new collective agreement.
	7. (1) Where the Minister has sold, leased or otherwise transferred an airport to a designated airport authority and, prior to the transfer date, notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on any designated employees for the airport, the terms and conditions of employment that are continued immediately prior to that date, or that were last continued prior thereto, in respect of those employees by section 52 of the Public Service Staff Relations Act shall continue or resume in force on and after that date and shall be observed by the authority, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) of the Canada Labour Code have been met, unless the authority and the bargaining agent agree otherwise.
	(2) The Public Service Staff Relations Act applies in all respects to the interpretation and application of any term or condition continued or resumed by subsection (1).
	(3) On application by a designated airport authority or bargaining agent to which subsection (1) applies, made within thirty days after the transfer date, the Canada Labour Relations Board shall make an order determining
	(a) whether the designated employees of the authority represented by the bargaining agent constitute one or more units appropriate for collective bargaining; and
	(b) which trade union shall be the bargaining agent for the designated employees in each such unit.
	(4) Where the Canada Labour Relations Board has made an order under subsection (3), the designated airport authority, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
	(5) Part I of the Canada Labour Code, other than section 80, applies in respect of a notice given under subsection (4) as if the notice had been given under that Part.
	Federal Court Act
	Clause 73: The relevant portion of subsection 28(1) reads as follows:
	28. (1) The Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:
	...
	(h) the Canada Labour Relations Board continued by the Canada Labour Code;
	Museums Act
	Clause 76: (1) The relevant portion of subsection 41(3) reads as follows:
	(3) On application by a museum or bargaining agent to which subsection (1) applies, made within thirty days after the coming into force of this Act, the Canada Labour Relations Board shall make an order determining
	(2) Subsection 41(4) as follows:
	(4) Where the Canada Labour Relations Board has made an order under subsection (3), the museum, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
	Status of the Artist Act
	Clause 83: The relevant portion of subsection 9(3) reads as follows:
	(3) This Part does not apply, in respect of work undertaken in the course of employment, to
	...
	(b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Canada Labour Relations Board, and members of a bargaining unit that is certified by that Board.
	Clause 84: Subsection 60(2) reads as follows:
	(2) A certificate, purporting to be signed by the Minister or an official of the Department of Human Resources Development, stating that any document referred to in this Part was or was not received or given by the Minister pursuant to this Part and, if received or given, stating the date that it was received or given, is admissible in evidence in any court without proof of the signature or official character of the Minister or official, or any further proof.