Labour Relations - Maintenance of Activities or Essential Services
On this page
The procedure on maintenance of activities or essential services will change as of June 20, 2025. The new provisions of the Canada Labour Code (the Code) and the related Rules of Procedure apply in respect of any collective bargaining if the notice to bargain was given on or after June 20, 2025.
What is “maintenance of activity” under the Canada Labour Code?
Maintenance of activity refers to the supply of services, operation of facilities or production of goods that is necessary to prevent an immediate and serious danger to the safety or health of the public during a legal work stoppage. The activities that must be maintained are also commonly referred to as “essential services.”
Who can file an agreement or application with the Canada Industrial Relations Board (the Board)?
Either the employer or the bargaining agent (union) may file:
- a joint agreement (section 87.4(3)); or
- a unilateral application, if no agreement has been reached (section 87.4(4)).
What documents must be submitted when filing?
The required documents vary depending on whether it is an agreement or an application. Common elements include:
- the completed form;
- the bargaining certificate or a description of the bargaining unit;
- the applicable collective agreement (or its cover page); and
- proof that notice was provided to the other parties and the Minister.
A complete list is available in the Rules of Procedure.
How do I file my documents?
To file your documents with the Board, you can file:
- electronically via the Board’s Web Portal (recommended); or
- by mail, courier or registered mail or in person at the Board’s Ottawa office.
To file an agreement with the Minister, please send the agreement to the following email address: MAINTENANCE.ACTIVITIES@labour-travail.gc.ca
What is the filing date of an agreement or application?
In most cases, the filing date of an agreement or application is the date the Board receives it. However, if the agreement or application is sent by registered mail, the filing date is the date the agreement or application is mailed to the Board.
What if I do not have all the required documents when filing?
You must provide an explanation for any missing documents when filing your application. Not doing so could delay the process, and the application may be decided based on the information provided.
What happens after the Board receives the application?
The Board will send you:
- a confirmation letter;
- contact information for the assigned industrial relations officer (officer); and
- the date of a meeting with the Board’s officer to discuss the investigation and resolution process.
What is the role of the Board’s officer?
The Board’s officer:
- coordinates the processing of the file;
- facilitates communication between the parties;
- may request additional documents or make recommendations; and
- works to help parties reach a resolution.
Are there deadlines to comply with, and can the timelines be extended?
Key deadlines include the following:
- Response from the respondent: within 5 calendar days of receiving the application
- Reply from the applicant: within the following 5 calendar days
- Response to the Board officer’s letter of understanding: within 24 hours
The Board does not grant extensions except in exceptional circumstances, in order to meet statutory deadlines (for example, issuing a decision within 82 days).
How can I send documents to the other parties?
If you file documents with the Board as part of a case, you must immediately send a copy of those documents to all the other parties involved. You can send your documents to the other parties by email, courier, Dropbox, USB key, etc. You also need to tell the Board when and how you sent them.
What is a case management conference (CMC), and can I request an oral hearing?
A CMC is a virtual meeting with the parties where the Board may:
- discuss the application;
- confirm timelines;
- explore possible settlements;
- identify any additional interested parties; and
- address any procedural issues.
You can request a hearing, but you must justify the request. The Board may still choose to decide the matter without a hearing, under section 16.1 of the Code.
How does the investigation proceed?
A Board-appointed investigator may:
- contact you to request clarification or documents;
- issue a letter summarizing the key issues; and
- request a response within 24 hours.
What are the employer’s specific obligations upon receiving an application?
The employer must provide the Board with:
- an up-to-date organizational chart;
- relevant job descriptions; and
- any information requested during the process.
How is the decision made?
The Board may:
- request additional information;
- issue a decision without a hearing;
- hold an oral hearing; and/or
- order the maintenance of certain essential activities to prevent serious public harm.
What if a third party wants to intervene?
The third party must file a request to intervene within 5 calendar days, with clear reasons showing relevance to public safety issues. The other parties then have 5 days to respond.
Where can I get help or more information?
Contact the Board at 1-800-575-9696, or visit the Board’s website to access:
- the Code;
- the Board’s Rules of Procedure; and
- complaint forms and guides.