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C-27 - Labour Code

Section 22
Disposition versions

Full text
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association and not already contemplated, in whole or in part, in an application for certification;
(b)  (paragraph repealed);
(b.1)  subject to subparagraph b.2, 12 months after the date of a certification, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(b.2)  12 months after the decision of the Tribunal on the description of the bargaining unit rendered under paragraph d.1 of section 28, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(c)  nine months after the date of expiration of a collective agreement or of an arbitration award in lieu thereof, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of an arbitration award in lieu of a collective agreement or the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is three years or less;
(e)  from the one hundred and eightieth to the one hundred and fiftieth day prior to the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is more than three years and, where such term so allows, during the period extending from the one hundred and eightieth to the one hundred and fiftieth day prior to the sixth anniversary of the signing of the collective agreement or of its renewal and every other anniversary thereafter, except where such a period would end within 12 months or less of the one hundred and eightieth day prior to the date of expiration of the collective agreement or of its renewal.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3; 1983, c. 22, s. 10; 1994, c. 6, s. 2; 2001, c. 26, s. 13; 2003, c. 26, s. 1; 2015, c. 15, s. 237.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association and not already contemplated, in whole or in part, in an application for certification;
(b)  (paragraph repealed);
(b.1)  subject to subparagraph b.2, 12 months after the date of a certification, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(b.2)  12 months after the decision of the Commission on the description of the bargaining unit rendered under paragraph d.1 of section 28, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(c)  nine months after the date of expiration of a collective agreement or of an arbitration award in lieu thereof, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of an arbitration award in lieu of a collective agreement or the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is three years or less;
(e)  from the one hundred and eightieth to the one hundred and fiftieth day prior to the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is more than three years and, where such term so allows, during the period extending from the one hundred and eightieth to the one hundred and fiftieth day prior to the sixth anniversary of the signing of the collective agreement or of its renewal and every other anniversary thereafter, except where such a period would end within 12 months or less of the one hundred and eightieth day prior to the date of expiration of the collective agreement or of its renewal.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3; 1983, c. 22, s. 10; 1994, c. 6, s. 2; 2001, c. 26, s. 13; 2003, c. 26, s. 1.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association and not already contemplated, in whole or in part, in an application for certification;
(b)  (paragraph repealed);
(b.1)  subject to subparagraph b.2, 12 months after the date of a certification, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(b.2)  12 months after the decision of the Commission on the description of the bargaining unit rendered under paragraph d.1 of section 28, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this Code ;
(c)  nine months after the date of expiration of a collective agreement or of an arbitration award in lieu thereof, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of an arbitration award in lieu of a collective agreement or the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is three years or less;
(e)  from the one hundred and eightieth to the one hundred and fiftieth day prior to the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is more than three years and, where such term so allows, during the period extending from the one hundred and eightieth to the one hundred and fiftieth day prior to the sixth anniversary of the signing of the collective agreement or of its renewal and every other anniversary thereafter, except where such a period would end within 12 months or less of the one hundred and eightieth day prior to the date of expiration of the collective agreement or of its renewal.
In the case of a collective agreement which, under paragraph 1 of section 45.2, expires 12 months after the date of the transfer of part of the operation of an undertaking, certification may not be applied for, notwithstanding subparagraphs d and e of the first paragraph, until the ninetieth to the sixtieth day prior to such date of expiration.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3; 1983, c. 22, s. 10; 1994, c. 6, s. 2; 2001, c. 26, s. 13.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association and not already contemplated, in whole or in part, in an application for certification;
(b)  (paragraph repealed);
(b.1)  twelve months after the date of a certification, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(c)  nine months after the date of expiration of a collective agreement or of an arbitration award in lieu thereof, in the case of a group of employees for whom a collective agreement has not been made and for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of an arbitration award in lieu of a collective agreement or the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is three years or less;
(e)  from the one hundred and eightieth to the one hundred and fiftieth day prior to the date of expiration of a collective agreement or of its renewal where the term of the collective agreement is more than three years and, where such term so allows, during the period extending from the one hundred and eightieth to the one hundred and fiftieth day prior to the sixth anniversary of the signing of the collective agreement or of its renewal and every other anniversary thereafter, except where such a period would end within 12 months or less of the one hundred and eightieth day prior to the date of expiration of the collective agreement or of its renewal.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3; 1983, c. 22, s. 10; 1994, c. 6, s. 2.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association and not already contemplated, in whole or in part, in an application for certification;
(b)  (paragraph repealed);
(c)  after six months from the expiration of the delays provided in section 58, in the case of a group of employees for whom a collective agreement has not been made or for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of a collective agreement or of its renewal or the expiration of an arbitration decision availing in lieu thereof.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3; 1983, c. 22, s. 10.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association;
(b)  repealed;
(c)  after six months from the expiration of the delays provided in section 58, in the case of a group of employees for whom a collective agreement has not been made or for whom a dispute has not been submitted for arbitration or is not the object of a strike or lock-out permitted by this code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of a collective agreement or of its renewal or the expiration of an arbitration decision availing in lieu thereof.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12; 1979, c. 32, s. 3.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association;
(b)  repealed;
(c)  after six months from the expiration of the delays provided in section 58, in the case of a group of employees for whom a collective agreement has not been made or for whom a dispute has not been submitted for arbitration or has not been the object of a strike or lock-out permitted by this code;
(d)  from the ninetieth to the sixtieth day prior to the date of expiration of a collective agreement or of its renewal or the expiration of an arbitration decision availing in lieu thereof.
R. S. 1964, c. 141, s. 21; 1977, c. 41, s. 12.
22. Certification may be applied for
(a)  at any time, in the case of a group of employees not represented by a certified association;
(b)  after ten months from the date of certification, in the case of a group of employees for whom a collective agreement has not been made or a dispute submitted to arbitration;
(c)  after six months from the expiration of the delays provided in section 58, in the case of a group of employees for whom a collective agreement has not been made and the dispute is not the object of a strike or lock-out permitted by this code;
(d)  from the sixtieth to the thirtieth day prior to the date of expiration of a collective agreement or of its renewal or the expiration of an arbitration decision availing in lieu thereof.
R. S. 1964, c. 141, s. 21.
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