Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-27 - Labour Code

Section 41
Disposition versions

Full text
41. The Tribunal may, at the time fixed in paragraph b.1, b.2, c, d or e of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the fourth paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the Tribunal to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A labour relations officer responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the Tribunal within 10 days after receiving the report.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23; 1994, c. 6, s. 3; 2001, c. 26, s. 29; 2015, c. 15, s. 237.
41. The Commission may, at the time fixed in paragraph b.1, b.2, c, d or e of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the fourth paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the Commission to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A labour relations officer responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the Commission within 10 days after receiving the report.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23; 1994, c. 6, s. 3; 2001, c. 26, s. 29.
41. The Commission may, at the time fixed in subparagraph b.1, b.2, c, d or e of the first paragraph or the second paragraph of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the fourth paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the Commission to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A labour relations officer responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the Commission within 10 days after receiving the report.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23; 1994, c. 6, s. 3; 2001, c. 26, s. 29.
41. A labour commissioner may, at the time fixed in paragraph b.1, c, d or e of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the third paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the labour commissioner to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A certification agent responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the labour commissioner-general or the labour commissioner to whom the matter has been referred, as the case may be, within ten days of receiving the report, failing which a decision may be rendered without calling the parties for a hearing.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23; 1994, c. 6, s. 3.
41. A labour commissioner may, at the time fixed in paragraph c or d of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the third paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the labour commissioner to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A certification agent responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the labour commissioner-general or the labour commissioner to whom the matter has been referred, as the case may be, within ten days of receiving the report, failing which a decision may be rendered without calling the parties for a hearing.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23.
41. A labour commissioner may, at the time fixed in paragraph c or d of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the second paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the labour commissioner to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A labour commissioner who has requested a certification agent to examine the representative character of the association shall send a copy of the certification agent’s report to the petitioner, the association and the employer. The latter persons and association may contest the report of the certification agent, by stating their reasons to the labour commissioner seized of the matter, within ten days of receiving the report, failing which the labour commissioner may decide without calling the parties for a hearing.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1.
41. A labour commissioner may, at the time fixed in paragraph c or d of section 22, cancel a certification of an association that
(a)  has ceased to exist, or
(b)  no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the second paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the labour commissioner to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A labour commissioner who has requested a certification agent to examine the representative character of the association shall send a copy of the certification agent’s report to the petitioner, the association and the employer. The latter persons and association may contest the report of the certification agent, by stating their reasons to the labour commissioner seized of the matter, within ten days of receiving the report, failing which the labour commissioner may decide without calling the parties for a hearing.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26.
41. At the time fixed in paragraphs b, c and d of section 22, a labour commissioner may cancel the certification for the following reasons:
(a)  if the association has ceased to exist;
(b)  if it no longer represents the majority of the group for which it was certified.
Notwithstanding the second paragraph of section 32, an employer may request the labour commissioner to examine whether the association still exists or whether it still represents the majority of the group for which it was certified.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1.
41. At the time fixed in paragraphs b, c and d of section 22, an investigation commissioner may cancel the certification for the following reasons:
(a)  if the association has ceased to exist;
(b)  if it no longer represents the majority of the group for which it was certified.
Notwithstanding the second paragraph of section 32, an employer may request the investigation commissioner to examine whether the association still exists or whether it still represents the majority of the group for which it was certified.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17.
© Gouvernement du Québec