C-27 - Labour Code

Section 45 Disposition versions

2004-02-01

45. The alienation or operation by another in whole or in part of an undertaking shall not invalidate any certification granted under this Code, any collective agreement or any proceeding for the securing of certification or for the making or carrying out of a collective agreement.

The new employer, notwithstanding the division, amalgamation or changed legal structure of the undertaking, shall be bound by the certification or collective agreement as if he were named therein and shall become ipsofacto a party to any proceeding relating thereto, in the place and stead of the former employer.

The second paragraph does not apply in the case of the transfer of part of the operation of an undertaking where such transfer does not entail the transfer to the transferee, in addition to functions or the right to operate, of most of the elements that characterize the part of the undertaking involved.

R. S. 1964, c. 141, s. 36; 1969, c. 47, s. 23; 1969, c. 48, s. 19; 2001, c. 26, s. 31; 2003, c. 26, s. 2.

2001-07-15

45. The alienation or operation by another in whole or in part of an undertaking shall not invalidate any certification granted under this code, any collective agreement or any proceeding for the securing of certification or for the making or carrying out of a collective agreement.

The new employer, notwithstanding the division, amalgamation or changed legal structure of the undertaking, shall be bound by the certification or collective agreement as if he were named therein and shall become ipsofacto a party to any proceeding relating thereto, in the place and stead of the former employer.

R. S. 1964, c. 141, s. 36; 1969, c. 47, s. 23; 1969, c. 48, s. 19; 2001, c. 26, s. 31.

1977-12-31

45. The alienation or operation by another in whole or in part of an undertaking otherwise than by judicial sale shall not invalidate any certification granted under this code, any collective agreement or any proceeding for the securing of certification or for the making or carrying out of a collective agreement.

The new employer, notwithstanding the division, amalgamation or changed legal structure of the undertaking, shall be bound by the certification or collective agreement as if he were named therein and shall become ipsofacto a party to any proceeding relating thereto, in the place and stead of the former employer.

R. S. 1964, c. 141, s. 36; 1969, c. 47, s. 23; 1969, c. 48, s. 19.