Division 22 contains two elements. The first one consists of clauses 432 and 433, which amend section 115 of the Canada Labour Code, which in turn requires that unions and employers to file their collective agreements with the Minister of Labour.
There is currently no mechanism, short of prosecution, to ensure that the parties comply with this filing obligation. Once amended, section 115 will specify that parties must file their collective agreement with the minister immediately after it is entered into, renewed, or revised. It will also stipulate that a collective agreement may come into force only if at least one party has filed a copy.
Once the collective agreement is filed, its provisions will come into force on the day it would have come into force if not for the filing requirement, which essentially means that the provisions could apply retroactively.
These amendments will come into force on the date fixed by the Governor in Council.