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ARTICLE · 08 AUGUST 2017

Federal Legislative Update: Amendments To The Canada Labour Code And The Canadian Human Rights Act

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Federally-regulated employers should take note of the following recent changes to the Canada Labour Code ("Code") and the Canadian Human Rights Act ("CHRA"):

CanadaEmployment and HR

Federally-regulated employers should take note of the following recent changes to the Canada Labour Code ("Code") and the Canadian Human Rights Act ("CHRA"):

Return to a Card-Based System

Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, amends the Code and rolls back changes introduced two years ago by the Employees' Voting Rights Act, which required secret ballot votes in all certification cases and abolished card-based certification.

Bill C-4 restores the former certification and decertification processes. In particular, the provisions requiring a secret ballot vote for all certification applications are repealed. A vote will only be required where a union demonstrates evidence of membership support of 35 to 50% of the employees in the proposed bargaining unit. As a result of Bill C-4, a union may become certified without a vote if it

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