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

Marginal note:Burden of proof

6.2 If, in any proceeding under this Part other than a prosecution, an employer alleges that a person is not their employee, the burden of proof is on the employer.

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 full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.

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:Appointment of external adjudicator

• 12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II, III or IV.

• Marginal note:Powers, duties and functions

  (2) An external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.

• Marginal note:Decision of external adjudicator

  (3) An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.

• Marginal note:Remuneration and expenses

  (4) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

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]

Marginal note:Meetings

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

• Marginal note:Quorum

  (2) For the purposes of subsection (1), the following persons constitute a quorum:

  • (a) subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or

  • (b) at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.

• Marginal note:Equal representation

  (3) If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, 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 the making of those regulations and who represent employers and employees respectively.

• Marginal note:Members not permitted to vote

  (4) Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.

Marginal note:Acting Chairperson

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.

Marginal note:Remuneration

• 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.

• Marginal note:Travel and living expenses

  (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.

Marginal note:Compensation

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 federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Limitation of liability

12.051 The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

Marginal note:Inquiries

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).

Marginal note:Measures

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.

Marginal note:Appointment of inquirer

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.

Marginal note:Powers

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.

Marginal note:Staff

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.

Marginal note:Inquiry in public

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

• Marginal note:Confidentiality of inquiry

  (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.

• Marginal note:Confidentiality of application

  (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).