C-27 - Labour Code

Section 45.2 Disposition versions

2016-01-01

45.2. Where the operation of part of an undertaking is transferred, the following rules apply:

(1)   for the purposes of labour relations between the new employer and the association of employees involved, a collective agreement referred to in the second paragraph of section 45 that has not expired on the effective date of the transfer is deemed to expire on the day the transfer becomes effective;

(2)   the new employer is not bound by the certification or the collective agreement where a special agreement on the transfer includes a clause to the effect that the parties waive the application of the second paragraph of section 45. Such a clause binds the Tribunal but does not affect the effect, within the transferring employer’s enterprise, of the certification of the association of employees having signed the agreement.

Subparagraph 1 of the first paragraph does not apply in the case of the transfer of the operation of part of an undertaking between employers of the public and parapublic sectors within the meaning of paragraph 1 of section 111.2.

2001, c. 26, s. 32; 2003, c. 26, s. 4; 2015, c. 15, s. 237.

2004-02-01

45.2. Where the operation of part of an undertaking is transferred, the following rules apply:

(1)   for the purposes of labour relations between the new employer and the association of employees involved, a collective agreement referred to in the second paragraph of section 45 that has not expired on the effective date of the transfer is deemed to expire on the day the transfer becomes effective;

(2)   the new employer is not bound by the certification or the collective agreement where a special agreement on the transfer includes a clause to the effect that the parties waive the application of the second paragraph of section 45. Such a clause binds the Commission but does not affect the effect, within the transferring employer’s enterprise, of the certification of the association of employees having signed the agreement.

Subparagraph 1 of the first paragraph does not apply in the case of the transfer of the operation of part of an undertaking between employers of the public and parapublic sectors within the meaning of paragraph 1 of section 111.2.

2001, c. 26, s. 32; 2003, c. 26, s. 4.

2002-11-25

45.2. Where the operation of part of an undertaking is transferred and notwithstanding section 45, the following rules apply :

(1)   the collective agreement expires on the date fixed for its expiry or 12 months after the date of the transfer of the operation of part of the undertaking, whichever is earlier, unless, on motion by an interested party filed within the prescribed time, as the case may be, in the first or second paragraph of section 45.1, the Commission determines that the new employer remains bound by the collective agreement until the date fixed for its expiry, if it considers that the transfer was made for the purpose of dividing a bargaining unit or interfering with the power of representation of an association of employees ;

(2)   the new employer is not bound by the certification or the collective agreement where a special agreement on the transfer includes a clause to the effect that the parties elect not to apply to the Commission to request the application of section 45. Such a clause binds the Commission but does not affect the effect, within the transferring employer’s enterprise, of the certification of the association of employees having signed the agreement.

Subparagraph 1 of the first paragraph does not apply in the case of the transfer of the operation of part of an undertaking between employers of the public and parapublic sectors within the meaning of paragraph 1 of section 111.2.

2001, c. 26, s. 32.