Canada Industrial Relations Regulations (SOR/2002-54)

Definitions

1 The definitions in this section apply in these Regulations.

Act

Act means Part I of the Canada Labour Code. (Loi)

Director General

Director General means the Director General of the FMCS. (directeur général)

FMCS

FMCS means the Federal Mediation and Conciliation Service referred to in section 70.1 of the Act. (Service)

Head of FMCS

Head of FMCS means the senior labour program official designated as Head of the FMCS. (directeur du Service)

organization

organization means a corporation or an unincorporated association, and includes a trade union. (organisation)

Notice, Request or Report to the Minister

• 2 (1) Subject to subsection (2), any notice, request or report that may be given or made to, or received by, the Minister under the Act may be given or made to, or received by, either the Head of FMCS or the Director General on behalf of the Minister.

• (2) Any request that may be made to the Minister under subsection 57(2), (3) or (4) of the Act may be made to the Director General on behalf of the Minister.

Notice or Request by the Minister

• 3 (1) Subject to subsection (2), any notice or request authorized or required under the Act to be given or sent by the Minister may be given or sent on behalf of the Minister by either the Head of FMCS or the Director General.

• (2) Any notice that may be given or sent by the Minister in respect of a request under subsection 57(2), (3) or (4) of the Act may be given or sent by the Director General on behalf of the Minister.

• 4 (1) Any notice or report required or authorized under the Act to be given by the Minister, a conciliation commissioner, a conciliation board or an Industrial Inquiry Commission to any individual or organization is sufficiently served on the individual or organization to whom it is given or sent if it is given or sent

  • (a) by registered mail or courier addressed to that individual or organization at their latest known or usual address or at their place of business;

  • (b) by personal service of a copy of it,

    • (i) in the case of an individual, upon that individual or, in their absence, upon some other individual who appears to be at least 16 years of age, at the individual’s latest known or usual address or at that individual’s place of business, and

    • (ii) in the case of an organization, upon an officer or employee of that organization;

  • (c) by facsimile; or

  • (d) by electronic mail.

• (2) Despite subsection (1), a notice that may be given or sent by or on behalf of the Minister in respect of a request under subsection 57(2), (3) or (4) of the Act may be sent by ordinary mail.

Notice to Commence Collective Bargaining

• 5 (1) A notice to commence collective bargaining given under the Act shall be given in writing and be dated and signed by or on behalf of the party giving the notice.

• (2) The notice referred to in subsection (1) may specify the section of the Act under which the notice is being given and designate a convenient time and place for the collective bargaining to commence.

Notice of Dispute and Request for Conciliation Assistance

• 6 (1) A notice of dispute to the Minister to be given under section 71 of the Act shall be given in writing and state

  • (a) the name and address of the party giving the notice;

  • (b) the name and address of the other party to the dispute;

  • (c) the date on which notice to commence collective bargaining was given;

  • (d) the steps that have been taken, the progress that has been made and the difficulties that have been encountered in collective bargaining following the giving of the notice;

  • (e) the issues remaining in dispute;

  • (f) the date and the results of any strike vote or lockout vote that has been conducted in accordance with section 87.3 of the Act; and

  • (g) whether the parties have reached an agreement on the maintenance of activities in accordance with section 87.4 of the Act.

• (2) The notice referred to in subsection (1) shall be signed by or on behalf of the party giving the notice and be accompanied by

  • (a) a copy of the notice to commence collective bargaining;

  • (b) a copy of the most recent collective agreement between the parties; and

  • (c) a copy of any maintenance of activities agreement concluded under section 87.4 of the Act.

Strike or Lockout Notice

• 7 (1) A notice of strike or lockout given under section 87.2 of the Act shall be given in writing, be dated and signed by or on behalf of the party giving the notice, be addressed to the other party to the dispute and state

  • (a) the name and address of the party giving the notice of a strike or lockout;

  • (b) the number of employees in the bargaining unit that will be affected by the strike or lockout;

  • (c) the date and time when the strike or lockout is to commence; and

  • (d) whether it is a first notice under subsection 87.2(1) or (2) of the Act or a new notice under subsection 87.2(3) of the Act.

• (2) A copy of the notice referred to in subsection (1) shall be given to the Minister at the same time and in the same manner as referred to in subsection (1).

Request for the Appointment of an Arbitrator

• 8 (1) A request to the Minister for the appointment of an arbitrator under subsection 57(2), (3) or (4) of the Act or an arbitration board chairperson under subsection 57(4) of the Act shall state

  • (a) the name and address of the party making the request and their representative;

  • (b) the name and address of the other party to the difference and their representative;

  • (c) if an arbitration board is to be established, the names and addresses of the parties’ nominees; and

  • (d) the nature and date of the occurrence of the difference.

• (2) The notice referred to in subsection (1) shall be signed by or on behalf of the party making the request and be accompanied by

  • (a) a copy of the grievance form, if any, required by the collective agreement;

  • (b) a copy of the applicable collective agreement between the parties; and

  • (c) a copy of all the pertinent correspondence exchanged between the parties up to the time the request is made.

Arbitration Order or Decision

9 A copy of every order or decision referred to in section 59 of the Act shall be filed with the Minister, within 15 days after the order or decision has been given or made, by mailing a copy to the Director General.

Repeal

10 [Repeal]

Coming into Force

11 These Regulations come into force on the day on which they are registered.