Law:Trade Unions Act

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R.s.c., 1985, c. T-14

An Act respecting trade unions


Contents

Short Title

Short title

1. This Act may be cited as the Trade Unions Act.

R.S., c. T-11, s. 1.


Interpretation

Definition of “trade union”

2. In this Act, “trade union” means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, but for this Act, have been deemed to be an unlawful combination by reason of some one or more of its purposes being in restraint of trade.

R.S., c. T-11, s. 2.


Application

Agreements not affected

3. This Act does not affect

(a) any agreement between partners relating to their own business;

(b) any agreement between an employer and those employed by him relating to employment; or

(c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.

R.S., c. T-11, s. 3.

Legal proceedings not authorized by this Act

4. (1) Nothing in this Act enables any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any agreement

(a) between members of a trade union, as such, concerning the conditions on which any members of the trade union shall, or shall not, sell their goods, transact business, employ or be employed;

(b) for the payment by any person of any subscription or penalty to a trade union;

(c) for the application of the funds of a trade union

(i) to provide benefits to members,

(ii) to furnish contributions to any employer or workman, who is not a member of the trade union, in consideration of the employer or workman acting in conformity with the rules or resolutions of the trade union, or

(iii) to discharge any fine imposed on any person by sentence of a court of justice;

(d) made between one trade union and another; or

(e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d).

Agreements not unlawful

(2) Nothing in this section shall be deemed to constitute as unlawful any of the agreements mentioned in subsection (1).

R.S., 1985, c. T-14, s. 4; 2001, c. 4, s. 124(E).

Application of certain Acts

5. (1) No Act in force in Canada providing for the constitution and incorporation of charitable, benevolent or provident institutions applies to trade unions.

Idem

(2) This Act does not apply to any trade union not registered under this Act.

R.S., c. T-11, s. 5.


Constitution And Registration

Trade union may be registered

6. Any seven or more members of a trade union may, by subscribing their names to the rules of the union and otherwise complying with the provisions of this Act with respect to registration, register the trade union under this Act, but if any one of the purposes of the trade union is unlawful, the registration is void.

R.S., c. T-11, s. 6.

Registrar

7. The Registrar General of Canada shall be the Registrar under this Act.

R.S., c. T-11, s. 7.

Registration

8. (1) The following provisions apply with respect to registration of trade unions under this Act:

(a) an application to register the trade union and printed copies of its rules, together with a list of the titles and names of its officers, shall be sent to the Registrar;

(b) the Registrar, on being satisfied that the trade union has complied with the regulations respecting registration, shall register the trade union and its rules;

(c) no trade union shall be registered under a name identical with that under which any other trade union has been registered, or so nearly resembling that name as to be likely to deceive the members or the public; and

(d) if a trade union that applies to be registered has been in operation for more than a year before the date of application, there shall be delivered to the Registrar, before the registration of the trade union, a general statement of the receipts, funds, effects and expenditure of the trade union, in the same form and showing the same particulars as if it were the annual general statement required, under this Act, to be transmitted annually to the Registrar.

Certificate of registration

(2) The Registrar, on registering a trade union, shall issue a certificate of registration, and the certificate, unless it is proved to have been withdrawn or cancelled, is conclusive proof that the regulations with respect to registration have been complied with.

R.S., c. T-11, s. 8.

Regulations

9. The Governor in Council may make regulations

(a) respecting registration under this Act;

(b) respecting the seal, if any, to be used for the purpose of registration;

(c) respecting the inspection of documents kept by the Registrar under this Act;

(d) respecting the fees, if any, to be paid on registration, not exceeding the fees specified in Schedule I; and

(e) generally, for carrying into effect the provisions of this Act relating to registration of trade unions.

R.S., c. T-11, s. 9.

Rules of registered union

10. The following provisions apply with respect to the rules of a trade union registered under this Act:

(a) the rules shall contain provisions in respect of the several matters mentioned in Schedule II; and

(b) a copy of the rules shall be delivered by the trade union to any person, on demand, on payment of a sum not exceeding twenty-five cents.

R.S., c. T-11, s. 10.

Registered office

11. Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed.

R.S., c. T-11, s. 11.

Notice of office

12. Notice of the location of the registered office of a trade union and of any change therein shall be given to the Registrar and recorded by him, and until notice of the location of the registered office is given to the Registrar, a trade union shall be deemed not to have complied with this Act.

R.S., c. T-11, s. 12.


Annual Statement

General statement of affairs

13. (1) A general statement of the receipts, funds, effects and expenditure of every trade union registered under this Act shall be transmitted to the Registrar, before June 1 in each year, and shall show fully the assets and liabilities at the date and the receipts and expenditure of the trade union during the year preceding the date, to which it is made out, and separately, the expenditure in respect of the several objects of the trade union, and such statement shall be prepared and made out to such date, in such form and shall comprise such particulars as the Registrar requires.

Members and depositors

(2) Every member of and depositor in any trade union that is registered under this Act is entitled to receive, on application to the secretary or treasurer of the trade union, a copy of the general statement described in subsection (1) without cost.

R.S., c. T-11, s. 13.

Copies of rules to accompany statement

14. There shall be sent to the Registrar, together with the general statement described in section 13, a copy of all new rules and of all alterations of rules, and a statement showing the changes of officers, made by the trade union during the year preceding the date to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date.

R.S., c. T-11, s. 14.


Respecting Property

Powers relating to land

15. (1) Any trade union registered under this Act may purchase, or take on lease, in the names of the trustees of the trade union, any land not exceeding one acre, and may sell, exchange, mortgage, hypothecate or lease the land.

Authority of trustees

(2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease.

What constitutes distinct union

(3) For the purposes of this section, every branch of a trade union shall be considered a distinct union.

R.S., 1985, c. T-14, s. 15; 2001, c. 4, s. 125(E).

Property vested in trustees

16. (1) All real and personal property belonging to any trade union registered under this Act shall be vested in the trustees of the trade union, appointed as provided by this Act, for the use and benefit of the trade union and the members thereof.

Real and personal

(2) The real or personal property of any branch of a trade union shall be vested in the trustees of the branch and be under the control of those trustees, or their respective executors or administrators, according to their respective claims or interests.

On death of trustee

(3) On the death or removal of any trustees, real or personal property described in this section shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatever, except in the case of Dominion stock, which shall be transferred into the names of any new trustees.

R.S., c. T-11, s. 16.


Procedure

Forms of action

17. In all actions, suits or indictments or summary proceedings before any court of summary jurisdiction, concerning any property of a trade union or branch, the property shall be stated to be the property of the persons holding the office of trustee, in their proper names, as trustees of the trade union without any further description.

R.S., c. T-11, s. 17.

Powers of trustees

18. (1) The trustees of any trade union registered under this Act, or any other officer of such trade union who is authorized to do so by the order thereof, may bring or defend, or cause to be brought or defended, any action, suit, prosecution or complaint, in any court of competent jurisdiction, concerning the property, right or claim to property of the trade union, and may, in all cases concerning the property, real or personal, of the trade union, sue and be sued, and plead and be impleaded, in that court, in their proper names, without other description than the title of their office.

Not abated by vacation of office

(2) No action, suit, prosecution or complaint shall be discontinued or abated by the death or removal from office of any person referred to in subsection (1), but the action, suit, prosecution or complaint shall be proceeded in, by or against their successor or successors as if the death, resignation or removal had not taken place, and those successors shall pay and receive the like costs as if the action, suit, prosecution or complaint had been commenced in their names for the benefit of, or to be reimbursed from the funds of, the trade union.

Service of process

(3) Any summons to any trustee or other officer of a trade union registered under this Act may be served by leaving the summons at the registered office of the trade union.

R.S., c. T-11, s. 18.


Accounting

Liability of trustee

19. (1) No trustee of a trade union registered under this Act is liable to make good any deficiency that arises or happens in the funds of the trade union.

Idem

(2) A trustee of a trade union registered under this Act is liable only for the moneys actually received by him on account of the trade union.

R.S., c. T-11, s. 19.

Account to be rendered

20. Every treasurer or other officer of a trade union registered under this Act shall, at such times as he is required by the rules of the trade union, or at any other time, when called on by the trade union to do so, render to the trustees of the trade union, or the members, at a meeting thereof, a just and true account of all moneys received and paid by him since he last rendered a like account, of the balance then remaining in his hands and of all bonds or securities of the trade union.

R.S., c. T-11, s. 20.

Audit

21. (1) The trustees shall cause an account rendered under section 20 to be audited by a fit and proper person appointed by them.

Duty of treasurer

(2) On an audit under subsection (1), the treasurer, if required, shall forthwith

(a) hand over to the trustees the balance that appears to be due by him; and

(b) hand over to the trustees all securities and effects, books, papers and property of the trade union in his hands or custody.

Failure to comply

(3) If the treasurer fails to comply with subsection (2), the trustees may sue the treasurer, in any court of competent jurisdiction, for the balance appearing to have been due from him on the last account rendered by him, for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in the action the sums, if any, that he has since paid on account of the trade union.

Costs

(4) In an action under subsection (3), the trustees are entitled to recover their full costs of suit, to be taxed as between solicitor and client.

R.S., c. T-11, s. 21.


Offences And Punishment

Fraudulently obtaining, misapplying funds, books, etc.

22. (1) If any officer, member or other person who is or represents himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatever,

(a) by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of the trade union,

(b) having the effects of the trade union in his possession, wilfully withholds or fraudulently misapplies the effects, or

(c) wilfully applies any part of the effects of the trade union to purposes other than those expressed or directed in the rules of the trade union,

the provincial court judge or justices having jurisdiction in cases of complaint for offences under this Act for the place in which the registered office of the trade union is situated may, by summary order, on a complaint made by any person on behalf of the trade union, or by the Registrar, order the officer, member or other person,

(d) to deliver up all those moneys, securities, books, papers or other effects to the trade union, or

(e) to repay the amount of money paid improperly and to pay, if the provincial court judge or justices think fit, a further sum of money not exceeding one hundred dollars, together with costs not exceeding five dollars.

Failure to comply

(2) In default of delivery of effects or payment of an amount of money, or payment of a penalty and costs ordered under subsection (1), the provincial court judge or justices may order the person convicted to be imprisoned, with or without hard labour, for any term not exceeding three months.

Proceedings by indictment

(3) Nothing in this Act prevents a trade union from proceeding by indictment against a person described in subsection (1), but no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under this Act.

R.S., 1985, c. T-14, s. 22; R.S., 1985, c. 27 (1st Supp.), s. 203.

Failure to have a registered office

23. If any trade union registered under this Act is in operation for seven days without having a registered office to which all communications and notices may be addressed, the trade union and every officer thereof shall each incur a penalty not exceeding twenty-five dollars for every day during which it is so in operation.

R.S., c. T-11, s. 23.

Failure to transmit general statement

24. (1) Every trade union registered under this Act that fails to transmit to the Registrar, before June 1 in each year, a general statement of its receipts, funds, effects and expenditure,

(a) showing fully the assets and liabilities at that date,

(b) the receipts and expenditure of the trade union during the year immediately preceding, and

(c) showing separately the expenditure in respect of the several objects of the trade union, prepared and made out to such date, and in such form, and comprising such particulars as the Registrar requires, together with a copy of all alterations of rules and changes of officers made, and a copy of the rules as they exist at that date,

is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

Officer failing to transmit

(2) Every officer of a trade union registered under this Act whose duty it is to transmit a general statement required under subsection (1) who fails to do so, is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

Failing to furnish copies

(3) If the secretary or treasurer of a trade union registered under this Act refuses or fails to furnish any member thereof or depositor therein, on application, with a copy of a general statement required under subsection (1), the secretary or treasurer is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence.

R.S., c. T-11, s. 24.

Making false entries

25. Every person who wilfully makes, or orders to be made, any false entry in or any omission from a general statement required under subsection 24(1), or in or from the return of any copies of rules or alterations of rules required under this Act is guilty of an offence and liable to a fine not exceeding two hundred dollars for each offence.

R.S., c. T-11, s. 25.

Circulating false copies of rules of a union

26. Every person who, with intent to mislead or defraud,

(a) gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of that trade union, a copy of any rules or of any alterations of the rules falsely pretending that they are the existing rules of the trade union, or that there are no other rules of the trade union, or

(b) gives a copy of any rules of any trade union not registered under this Act to any person under the pretence that the rules are the rules of a trade union registered under this Act,

is guilty of an indictable offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both.

R.S., c. T-11, s. 26.


Procedure

Summary conviction

27. (1) All offences and penalties under this Act may be prosecuted and recovered on summary conviction.

Description of offence

(2) The description of any offence against this Act in the words of this Act is sufficient.

Proving exception, exemption, etc.

(3) Any exception, exemption, proviso, excuse or qualification, whether it accompanies or does not accompany the description of any offence charged under this Act, may be proved by the defendant, but need not be specified in the information, and if it is specified and negatived in the information, no proof in relation to the matters specified and negatived shall be required on the part of the informant or prosecutor.

R.S., c. T-11, s. 27.

28. (Repealed, 2000, c. 12, s. 297)


General

Purposes of trade union not unlawful

29. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for conspiracy or otherwise, or so as to render void or voidable any agreement or trust.

R.S., c. T-11, s. 29.

Annual report for Parliament

30. The Registrar shall lay before Parliament annual reports with respect to the matters transacted by him as Registrar under this Act and in pursuance thereof.

R.S., c. T-11, s. 30.

Schedule I

(Section 9)

Maximum Fees

For registering a trade union ....... $4.00

For registering alterations in rules ....... 2.00

For inspection of documents ....... 0.50

R.S., c. T-11, Sch. I.

Schedule Ii

(Section 10)

Matters To Be Provided For By The Rules Of Trade Unions Registered Under This Act

1. The name of the trade union and the place of meeting for the business of the trade union.

2. Every object for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures that may be imposed on any member of the trade union.

3. The manner of making, altering, amending and rescinding rules.

4. A provision for the appointment and removal of a general committee of management and of a trustee or trustees, treasurer and other officers of the trade union.

5. A provision for the investment of the funds of the trade union and for an annual or periodical audit of accounts.

6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.

R.S., c. T-11, Sch. II.


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