Canada Labour Code

Marginal note:Vote

• 172.1 (1) If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

• Marginal note:Duty of Head

  (2) If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

• Marginal note:Confidentiality

  (3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.

• Marginal note:Counting of ballots

  (4) The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

• Marginal note:Communication of result of vote

  (5) The Head must inform the employer, by written notice, of the result.

• Marginal note:Effect of non-approval

  (6) If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head.

• Marginal note:Regulations

  (7) The Governor in Council may make regulations respecting the conduct of votes under this section.

• Marginal note:Statutory Instruments Act not applicable

  (8) The Statutory Instruments Act does not apply in respect of the written notice given by the Head to the employer under subsection (5).