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Union Certification Requirements

Here are the union certification requirements under the labour laws of each province and under federal law*:

FEDERAL: a. Industrial Relations Board must order vote where 35% to 50% of employees in bargaining unit sign membership cards (Canada Labour Code, Sec. 29(2)); and b. Certification granted automatically if majority (50% + 1) sign cards (Code, Sec. 28(c)).

ALBERTA: Labour Relations Board must order vote if at least 40% of employees in bargaining unit sign cards (Labour Relations Code, Sec. 34(1)(c)).

BRITISH COLUMBIA: Labour Relations Board must order vote if at least 45% of employees in bargaining unit sign cards (Labour Relations Code, Sec. 24(1)).

MANITOBA: a. Manitoba Labour Board must order vote if at least 40% of employees in bargaining unit sign cards (Labour Relations Act, Sec. 40(2)); and b. Certification granted automatically if 65% sign cards (Labour Relations Act, Sec. 40(1)).

NEW BRUNSWICK: a. Labour and Employment Board must order vote if 40% to 50% of employees in bargaining unit sign cards (Industrial Relations Act, Sec. 14(2)); and b. Certification granted automatically if more than 60% sign cards (Industrial Relations Act, Sec. 14(3)).

NEWFOUNDLAND: Labour Relations Board must order vote if at least 40% of employees in bargaining unit sign cards (Labour Relations Act, Sec. 47(1)).

NOVA SCOTIA: Labour Relations Board must order vote if at least 40% of employees in bargaining unit sign cards (Trade Union Act, Sec. 25(1)).

ONTARIO: a. Ontario Labour Relations Board must order vote if at least 40% of employees in bargaining unit sign cards (Labour Relations Act, Sec. 8(2)); and b. In construction industry, Board may certify union without a vote if 55% of employees in unit sign cards (Labour Relations Act, Sec. 128.1(13)).

PRINCE EDWARD ISLAND: Labour Relations Board must grant certification without a vote if it’s satisfied that a “majority” of employees in bargaining unit sign cards (Labour Act, Sec. 13(5)).

QUÉBEC: a. Commission des relations du travail must order vote if 35% to 50% of employees in bargaining unit sign cards (Labour Code, Sec. 37); and b. Certification granted automatically without vote if “absolute majority” of employees in unit entitled to vote sign cards (Labour Act, Sec. 21).

SASKATCHEWAN: Labour Relations Board may order vote if at least 45% of employees in bargaining unit sign cards (Trade Union Act, Sec. 6(2)).

* Where votes are required, they must be secret ballot and the union must win majority (50% + 1) to achieve certification