33(1)Either party to a collective agreement may, within the period of the ninetieth and the thirtieth day before the expiry date of the agreement, give notice in writing to the other party of its desire to bargain with a view to the renewal or revision of the agreement then in operation or to the making of a new agreement.

33(2)Where the provisions of a collective agreement relating to its termination or renewal or revision prescribe a period of notice that is longer than the period required under subsection (1), a notice, if given by a party to the agreement in accordance with the provisions thereof, shall be deemed a compliance with subsection (1).

33(3)Upon an application being made by or on behalf of employees affected by a collective agreement that has been renewed, revised, or replaced by a new collective agreement upon less than the notice prescribed in subsection (1), the Board may require the parties to the new agreement, or any of them, to show cause why a trade union or council of trade unions that is not a party to the new agreement should not be permitted to apply to be certified as the bargaining agent for the employees affected in place of the trade union or council of trade unions that is a party to the agreement and the Board, notwithstanding anything in this Act, may make such order with respect to the matter as it may deem just and reasonable, including permitting the trade union or council of trade unions that is not a party to the agreement to apply to be certified as the bargaining agent for the employees in the bargaining unit and the cancellation of the renewed, revised, or new agreement.

33(4)Where notice is given by or to an employers’ organization that has a collective agreement with a trade union or council of trade unions, it shall be deemed to be a notice given by or to each member of the employers’ organization who is bound by the agreement or who has ceased to be a member of the employers’ organization but has not notified the trade union or council of trade unions in writing that he has ceased to be a member.

33(5)Where notice is given by or to a council of trade unions, other than a certified council of trade unions, that has a collective agreement with an employer or employers’ organization, it shall be deemed to be a notice given by or to each member or affiliate of the council of trade unions that is bound by the agreement or that has ceased to be a member or affiliate of the council of trade unions but has not notified the employer or employers’ organization in writing that it has ceased to be a member or affiliate.