Fair Representation Act

This bill, called the Fair Representation Act, changes the Canada Labour Code to strengthen rules against employers improperly controlling or influencing unions in federally regulated workplaces. It spells out exactly what counts as employer "domination or influence" of a trade union: an employer (or someone acting for them) does this if they directly or indirectly interfere with forming or running a union, interfere with how a union represents employees, or provide financial or other support to a union. If a union is found to be dominated or influenced in this way, it cannot be certified as a bargaining agent in the first place, and any collective agreement it signed with that employer would not count as valid.

The bill also creates a new process letting employees challenge an already-certified union on these grounds. Any group of workers can apply to the Canada Industrial Relations Board at any time claiming their union is employer-dominated, and the Board must investigate if at least 25% of the bargaining unit signs a written request. If the Board agrees, it must revoke that union's certification. Such applications generally cannot be filed during a strike or lockout unless the Board allows it.

To enforce these rules, the bill adds a specific offence: an employer who dominates or influences a union can be fined up to $100,000 upon summary conviction. It also allows the government to create administrative monetary penalties for related violations, and requires the Minister of Labour to review how well these new provisions are working within five years and report the results to Parliament. The changes come into force 30 days after the bill receives royal assent.

This bill amends the Canada Labour Code to define employer domination or influence over a trade union, bar certification of dominated unions, allow revocation of existing certifications on that ground, and create fines and administrative penalties for employers who violate the prohibition.

• New legal test — the Act defines "domination or influence" as an employer, or anyone acting on its behalf, directly or indirectly participating in or interfering with a union's formation, administration or employee representation, or contributing financial or other support to it (new subsection 94(1.1)).
• Certification bar — the Canada Industrial Relations Board must refuse to certify, and must treat as non-existent any collective agreement involving, a trade union it is satisfied is dominated or influenced under this test.
• Revocation process — any group of employees may apply at any time to the Board to revoke a certified union's status on this ground; the Board must hold an inquiry if at least 25% of the bargaining unit's employees request it in writing, and must revoke certification if satisfied domination or influence exists.
• Restriction on timing — such a revocation application cannot be made during a lawful strike or lockout without the Board's consent.
• Penalties on employers — contravening the prohibition on domination or influence is an offence punishable on summary conviction by a fine of up to $100,000, in addition to an administrative monetary penalties scheme the Governor in Council (Cabinet) may create by regulation, with details of that scheme left to future regulations.
• Oversight — the Minister of Labour must review how these provisions are operating within five years of the section coming into force and table a report in both Houses of Parliament, though the report is not subject to a vote; there is no sunset clause on the provisions themselves.