PART III — Standard Hours, Wages, Vacations and Holidays

DIVISION IX — Group Termination of Employment

211Definitions history

In this Division,

joint planning committee means a committee established pursuant to section 214; (comité mixte)

redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; (surnuméraire)

trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. (syndicat)

1980-81-82-83, c. 89, s. 31

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212Notice of group termination history

(1)

Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 50 or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Head, in writing, of his intention to so terminate at least 16 weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.

Copies of notice

(2)

A copy of any notice given to the Head under subsection (1) must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.

Contents of notice

(3)

A notice referred to in subsection (1) shall set out

(a)

the date or dates on which the employer intends to terminate the employment of any one or more employees;

(b)

the estimated number of employees in each occupational classification whose employment will be terminated; and

(c)

such other information as is prescribed by the regulations.

Where employer deemed to terminate employment

(4)

Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee where the employer lays off that employee.

R.S., 1985, c. L-2, s. 212; 1996, c. 11, s. 67; 2005, c. 34, s. 80; 2013, c. 40, s. 238; 2018, c. 27, s. 574

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213Cooperation with Commission history

(1)

An employer who gives notice to the Head under section 212 and any trade union to which a copy of that notice is given must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee.

Statement of benefits

(2)

An employer who gives notice to the Head under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at the date of the statement, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer.

R.S., 1985, c. L-2, s. 213; 1996, c. 11, s. 99; 2018, c. 27, s. 575

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214Establishment of joint planning committee history

(1)

An employer who gives notice to the Head under section 212 must, as soon as possible after giving the notice, establish a joint planning committee consisting of any number of members that is required or permitted by this section and sections 215 and 217.

Minimum number of members

(2)

A joint planning committee established under subsection (1) shall consist of at least four members.

Appointment of members

(3)

At least half of the members of a joint planning committee shall be appointed, in accordance with subsections 215(1), (2) and (3), as representatives of the redundant employees and the rest of the members shall be appointed, in accordance with subsection 215(5), as representatives of the employer.

R.S., 1985, c. L-2, s. 214; 2018, c. 27, s. 576

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215Employee representatives history

(1)

Where all redundant employees are represented by a trade union or trade unions, each trade union is entitled to appoint at least one member of the joint planning committee as a representative of the redundant employees it represents.

Idem

(2)

Where no redundant employees are represented by a trade union, the employees are entitled to appoint all the members of a joint planning committee who are to be their representatives.

Idem

(3)

Where some but not all redundant employees are represented by a trade union or trade unions,

(a)

each trade union is entitled to appoint at least one member of a joint planning committee as a representative of the redundant employees it represents; and

(b)

the employees that are not represented by a trade union are entitled to appoint at least one member of a joint planning committee as their representative.

Election

(4)

Each person appointed as a member of a joint planning committee pursuant to subsection (2) or paragraph (3)(b) shall be elected by the redundant employees entitled to appoint the member.

Employer representatives

(5)

An employer is entitled to appoint, as his representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3).

1980-81-82-83, c. 89, s. 32

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216Time for appointment history

The members of a joint planning committee must be appointed and must convene for their first sitting within two weeks after the date of the notice given to the Head under section 212.

R.S., 1985, c. L-2, s. 216; 2018, c. 27, s. 577

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217Failure to appoint history

If a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Head may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and that member is a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be.

R.S., 1985, c. L-2, s. 217; 2018, c. 27, s. 577

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218Notice of membership history

On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which the redundant employees are employed.

1980-81-82-83, c. 89, s. 32

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219Procedure history

(1)

Subject to this Division, a joint planning committee may determine its own procedure.

Co-chairpersons

(2)

The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by his representatives.

Sittings

(3)

The co-chairpersons of a joint planning committee may, after consultation with the other members of the committee, fix the time and place of its sittings and shall notify the members of the time and place so fixed.

Quorum

(4)

A majority of the members of a joint planning committee in office, at least half of which majority are representatives of the redundant employees, constitutes a quorum, but the members shall not proceed in the absence of any member of the committee at any sitting unless the absent member has been given reasonable notice of the sitting.

Vacancy

(5)

Where any vacancy occurs in the membership of a joint planning committee before the committee has completed its work, the vacancy shall be filled forthwith in the manner provided in this Division for the selection of the person who vacated that membership.

Idem

(6)

A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum.

Decision

(7)

A decision or other act or thing taken or done by a majority of the members of a joint planning committee present at a sitting of the committee, if the members present constitute a quorum, shall be deemed to have been taken or done by the committee.

R.S., 1985, c. L-2, s. 219; 1998, c. 26, s. 61(E)

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220Wages history

A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at his work.

1980-81-82-83, c. 89, s. 32

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221Object of joint planning committee history

(1)

It is the object of a joint planning committee to develop an adjustment program to

(a)

eliminate the necessity for the termination of employment; or

(b)

minimize the impact of the termination of employment on the redundant employees and to assist those employees in obtaining other employment.

Scope of matters considered

(2)

In attaining its object under subsection (1), a joint planning committee may, unless the members of the committee agree otherwise, deal only with such matters as are normally the subject-matter of collective agreement in relation to the termination of employment.

Reasonable effort

(3)

The members of a joint planning committee shall cooperate and make every reasonable effort to develop an adjustment program as expeditiously as possible.

Cooperation with committee

(4)

The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall cooperate with and assist the committee in developing an adjustment program.

1980-81-82-83, c. 89, s. 32

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222Supplying of information history

(1)

The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with such personal information relating to any redundant employee as the committee may reasonably require for its work.

Head

(2)

The Head may

(a)

monitor and, on request, assist in the establishment and operation of a joint planning committee; and

(b)

attend any sittings of a joint planning committee as an observer.

R.S., 1985, c. L-2, s. 222; 2018, c. 27, s. 578

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223Application to Minister for arbitrator history

(1)

Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the employer agree to do so, those members may, after six weeks from the date of the notice to the Minister under section 212, apply jointly to the Minister for the appointment of an arbitrator if

(a)

the committee has not then completed developing an adjustment program; or

(b)

the committee has completed developing an adjustment program, but those members are not satisfied with the program or any part of the program.

Form and contents of application

(2)

An application under subsection (1) shall be in writing and signed by the members making the application and shall set out the matters, if any, in dispute respecting the adjustment program.

1980-81-82-83, c. 89, s. 32

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224Appointment of arbitrator history

(1)

The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in dispute respecting the adjustment program.

The Minister shall notify and send a statement of matters in dispute

(2)

Where an arbitrator is appointed under subsection (1), the Minister shall forthwith

(a)

notify, in writing, the joint planning committee of the decision to appoint an arbitrator and of the name of the arbitrator; and

(b)

if the application under subsection 223(1) sets out matters in dispute respecting an adjustment program, send to the arbitrator and to the joint planning committee a statement setting out any matters in dispute respecting the adjustment program that the arbitrator is to resolve.

Restriction on matters included in statement

(3)

A statement referred to in subsection (2) shall be restricted to such of those matters set out in the application under subsection 223(1) as the Minister deems appropriate and as are normally the subject-matter of collective agreement in relation to termination of employment.

Duty of arbitrator

(4)

An arbitrator shall assist the joint planning committee in the development of an adjustment program and the arbitrator, if sent a statement pursuant to subsection (2), shall, within four weeks after receiving the statement or such longer period as the Minister may specify,

(a)

consider the matters set out in the statement;

(b)

render a decision thereon; and

(c)

send a copy of the decision with the reasons therefor to the joint planning committee and to the Minister.

Restriction

(5)

An arbitrator may not

(a)

review the decision of the employer to terminate the employment of the redundant employees; or

(b)

delay the termination of employment of the redundant employees.

Powers of arbitrator

(6)

In relation to any proceeding before an arbitrator under this section, the arbitrator may

(a)

determine the procedure to be followed;

(b)

administer oaths and solemn affirmations;

(c)

receive and accept such evidence and information on oath, affidavit or otherwise as the arbitrator sees fit, whether or not the evidence is admissible in a court of law;

(d)

make such examination of documents containing personal information relating to any redundant employee and such inquiries relating to any redundant employee as the arbitrator deems necessary;

(e)

require an employer to post and keep posted in appropriate places any notice that the arbitrator considers necessary to bring to the attention of any redundant employees any matter relating to the proceeding; and

(f)

authorize any person to do anything described in paragraph (b) or (d) that the arbitrator may do and to report to the arbitrator thereon.

1980-81-82-83, c. 89, s. 32

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225Applicable provisions history

Sections 58 and 66 apply, with such modifications as the circumstances require, in respect of a decision of an arbitrator under section 224 as though it were a decision referred to in those sections.

1980-81-82-83, c. 89, s. 32

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226Implementation of adjustment program history

On completion of the development of an adjustment program, the employer shall implement the program and the joint planning committee and any trade union or redundant employees who appointed the members of the committee shall cooperate with and assist the employer in implementing the program.

1980-81-82-83, c. 89, s. 32

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227Regulations history

The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

(a)

exempting employers from the application of this Division in respect of the termination of employment of employees employed on a seasonal or irregular basis;

(b)

requiring employers employing employees in a particular occupational classification, in a particular industry or in an industrial establishment that is within an area or region described in the regulations, to comply with the provisions of this Division in respect of terminations of employment of groups of employees numbering less than fifty but greater than a number prescribed in the regulations;

(c)

prescribing information to be set out in a notice referred to in subsection 212(1); and

(d)

prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer.

R.S., c. 17(2nd Supp.), s. 16

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228Waiver of application of Division history

On the submission of any person, the Minister may, by order and subject to any terms or conditions specified in the order, waive the application of this Division, or any provision thereof, in respect of any industrial establishment or of any class of employees therein specified in the order if it is shown to the satisfaction of the Minister that the application of this Division, or any provision thereof, as the case may be, in respect of any industrial establishment

(a)

would be or is unduly prejudicial to the interests of the employees therein or to any class of employees therein;

(b)

would be or is unduly prejudicial to the interests of the employer of those employees;

(c)

would be or is seriously detrimental to the operation of the industrial establishment; or

(d)

is not necessary, because measures for the assistance of redundant employees at that establishment that are substantially the same or to the same effect as the measures established by this Division or that provision, as the case may be, have been established by collective agreement or otherwise.

R.S., c. 17(2nd Supp.), s. 16; 1980-81-82-83, c. 89, s. 33

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229Application of sections 214 to 226 history

(1)

Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the trade union and the employer are bound by a collective agreement containing

(a)

provisions that

(i)

specify procedures by which any matters relating to the termination of employment in the industrial establishment at which those employees are employed may be negotiated and finally settled, or

(ii)

are intended to minimize the impact of termination of employment on the employees represented by the trade union and to assist those employees in obtaining other employment; and

(b)

provisions that specify that those sections do not apply in respect of the employees represented by the trade union.

Idem

(2)

Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the termination of the employment of those employees is the result of technological change as defined in subsection 51(1) and sections 52, 54 and 55 apply or would, but for subsection 51(2), apply to the trade union and the employer.

1980-81-82-83, c. 89, s. 33

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